1

Joint Recommendation of the North Western Waters High-

Level Group

Discard Plan for Demersal Fisheries in the North Western Waters

1. Implementing authority

a. Acting in accordance with Article 43(3) of the Treaty on the Functioning of the

European Union and taking into account the authority granted by Articles 15.6

and 18.1 of Regulation (EU) No 1380/2013 to the European Commission to adopt

discard plans by means of delegated acts, the Member States of the North

Western Waters submit a joint recommendation, as per Article 18.3 of

Regulation (EU) No 1380/2013, to the European Commission for a specific

discard plan for demersal fisheries in the North Western Waters.

2. Objectives of the discard plan

a. As a result of the reform of the Common Fisheries Policy (Regulation (EU) No

1380/2013), concluded in 2013 and effective from 1st January 2014, there is now

a provision under Article 18 for Member States to elaborate joint

recommendations for regional management measures specific to their fisheries

and submit these to the European Commission for adoption via delegated acts.

b. The scope of these recommendations is provided for in Article 18 of Regulation

(EU) No 1380/2013 by way of reference to Article 15.6 thereof, which outlines

the process for adoption of a specific discard plan by the European Commission

for a period of no more than three years, to contain any of the specifications

referred to in points (a) to (e) of Article 15.5.

c. Under Article 15.6 of Regulation (EU) No 1380/2013, Member States may

cooperate, in accordance with Article 18 thereof, in the drawing up of a specific

discard plan with a view to the Commission adopting such a plan by means of

delegated or implementing acts or via the ordinary Legislative Procedure.

d. The adoption of such specific discard plans is considered important to the

successful implementation of the landings obligation as specified in the reformed

Common Fisheries Policy.

e. As such, this discard plan will establish provisions for any of the specifications

referred to in points (a) to (e) of Article 15.5 of Regulation (EU) No 1380/2013,

including specific descriptions of any exemptions gained.

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f. It is intended that the Commission delegated act giving effect to this discard plan

shall remain open to revision and adaptation at any time during its duration of up

to three years in order to retain flexibility in addressing the challenges that will

be posed by the introduction of the landing obligation for demersal fisheries. In

particular, this discard plan shall remain open to the later inclusion of

exemptions under high survival and de minimis, and to the inclusion of specific

provisions for Minimum Conservation Reference Size (MCRS) to be specified at

any time.

g. In association with this discards plan, it is anticipated that there may be a

requirement for complementary changes in technical measures in order to

increase selectivity and reduce as far as possible unwanted catches. Any such

measures may be brought forward in a separate recommendation as early as

possible.

h. In accordance with Article 18.2 of Regulation (EU) No 1380/2013, the North West

Waters Group has undertaken regular and detailed engagement with the North

Western Waters Advisory Council in the preparation of this plan. The

recommendations of the Advisory Council have been fully examined and taken

on board, where possible.

i. It is considered to be the joint responsibility of the Commission and the Member

States concerned to maintain oversight of the implementation of the provisions

of this discard plan and to review and amend any element that evidence and/or

improved data show is not fit for purpose.

3. Duration

a. As per Article 15.6 of Regulation (EU) No 1380/2013, this specific discard plan

shall have a duration of no more than three years.

4. Scope

a. In accordance with Article 15.1(c) of Regulation (EU) No 1380/2013, the Member

States of the North Western Waters Group are committed to a progressive and

incremental introduction of the landing obligation over the period 1 January

2016 to 1 January 2019.

b. This Joint Recommendation is concerned only with the species which define the

highly mixed cod, haddock, whiting & saithe fishery; Norway lobster (nephrops)

fishery; mixed common sole and plaice fishery; and hake fisheries.

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c. In developing this Joint Recommendation, the North Western Waters Group has

taken full account of the agreed recommendations, suggestions and information

furnished by the North Western Waters Advisory Council. Those agreed

positions, relating to the phasing-in of the landing obligation and the species

which will be subject to the landing obligation from the 1st January 2016, have

been accepted by the North Western Waters Group. The North Western

Waters Advisory Council agreed that a gradual phasing in of the landing

obligation will be critical to allow for adaptation to it and to retain stakeholder

support (i.e. the need to avoid a “big bang” in 2016). The Advisory Council also

accepted that a second “big bang” should be avoided if possible in 2019 i.e. that

phased implementation could continue in 2017 and 2018. The Member States of

the North Western Waters Group also considered the views expressed by

different stakeholders within the NWWAC, where those were not the agreed

positions of the NWWAC.

d. The North Western Waters Group, following the recommendations of the North

Western Waters Advisory Council, has identified appropriate species for each

relevant fishery to come within the scope of the landing obligation from the 1st

January 2016. It is intended to build on this recommendation and that additional

species in relevant fisheries will be included on a gradual and progressive basis.

Consequently the North Western Waters Group will be submitting further Joint

Recommendations for the adaptation of the delegated act giving effect to this

discard plan in a timely manner in order to comply with the provisions of the

landing obligation.

e. Fisheries and the specific landing obligation recommended from the 1st of

January 2016 in respect of the species defining those fisheries are listed in the

tables below.

f. Vessels subject to a landing obligation determined by threshold criteria only shall

be included in a list on the secure EU control website established under Article

114 of Council Regulation (EC) No 1224/2009. Further details are included in

Annex I.

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Table 1. Fisheries in ICES Area VIa – West of Scotland and Union Waters of Area Vb

Fishery Gear Code Fishing gear

description

Mesh

Size

Landing Obligation

Cod,

Haddock,

Whiting &

Saithe

OTB, SSC, OTT,

PTB, SDN, SPR,

TBN, TBS, TB, SX,

SV, OT, PT, TX

Trawls & Seines All Where total landings per vessel

of all species in 2013 and 2014

consist of more than 10% of the

following gadoids; cod, haddock,

whiting and saithe combined, the

landing obligation shall apply to

Haddock.

Nephrops OTB, SSC, OTT,

PTB, SDN, SPR,

FPO, TBN, TB, TBS,

SX, SV, FIX, OT, PT,

TX

Trawls, Seines,

Pots, Traps &

Creels

All Where the total landings per

vessel of all species in 2013 and

2014 consist of more than 30%

Nephrops, the landing obligation

shall apply to Nephrops.

Table 2. Fisheries with combined TAC for ICES Areas VI and VII and Union Waters of Area

Vb – Hake

Fishery Gear Code Fishing gear

description

Mesh

Size

Landing Obligation

Hake OTB, SSC, OTT, PTB,

SDN, SPR, TBN, TBS,

TB, SX, SV, OT, PT,

TX

Trawls & Seines All Where the total landings per

vessel of all species in 2013 and

2014 consist of more than 30%

Hake, the landing obligation

shall apply to Hake.

Hake GNS, GN, GND, GNC,

GTN, GTR, GEN

All Gill Nets All All catches of Hake are subject

to the landing obligation.

Hake LL, LLS, LLD, LX, LTL,

LHP, LHM

All Long lines All All catches of Hake are subject

to the landing obligation.

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Table 3. Fisheries with TAC covering all of ICES Area VII – Nephrops

Fishery Gear Code Fishing gear

description

Mesh

Size

Landing Obligation

Nephrops OTB SSC, OTT, PTB,

SDN, SPR, FPO,

TBN, TB, TBS, SX,

SV, FIX, OT, PT, TX

Trawls, Seines,

Pots, Traps &

Creels

All Where the total landings per

vessel of all species in 2013 and

2014 consist of more than 30%

Nephrops, the landing

obligation shall apply to

Nephrops.

Table 4. Fisheries in ICES VIIa – Irish Sea

Fishery Gear Code Fishing gear Mesh

Size

Landing Obligation

Cod,

Haddock,

Whiting

& Saithe

OTB, SSC, OTT, PTB,

SDN, SPR, TBN,

TBS, TB, SX, SV, OT,

PT, TX

Trawls & Seines All Where total landings per vessel

of all species in 2013 and 2014

consist of more than 10% of

the following gadoids; cod,

haddock, whiting and saithe

combined, the landing

obligation shall apply to

Haddock.

Table 5. Fisheries in ICES VIId - Eastern Channel

Fishery Gear Code Fishing gear Mesh Size Landing Obligation

Common

Sole

TBB All Beam trawls

All All catches of Common Sole are subject to the landing obligation.

Common

Sole

OTT, OTB, TBS,

TBN, TB, PTB, OT,

PT, TX

Trawls <100mm Where the total landings per vessel of all species in 2013 and 2014 consist of more than 5% Common Sole, the landing obligation shall apply to Common Sole.

Common

Sole

GNS, GN, GND,

GNC, GTN, GTR,

GEN

All Trammel nets &

Gill nets

All All catches of Common Sole

are subject to the landing

obligation.

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Fishery Gear Code Fishing gear Mesh Size Landing Obligation

Cod,

Haddock,

Whiting &

Saithe

OTB, SSC, OTT,

PTB, SDN, SPR,

TBN, TBS, TB, SX,

SV, OT, PT, TX

Trawls and Seines

All

Where total landings per

vessel of all species in 2013

and 2014 consist of more than

25% of the following gadoids;

cod, haddock, whiting and

saithe combined, the landing

obligation shall apply to

Whiting.

Table 6. Sole Fishery in ICES VIIe – Western Channel

Fishery Gear Code Fishing gear Mesh

Size

Landing Obligation

Common

Sole

TBB All Beam trawls All Where the total landings per

vessel of all species in 2013

and 2014 consist of more than

10 % Common Sole, the

landing obligation shall apply

to Common Sole.

Table 7. Fisheries in ICES VII (excluding VIIa; VIId and VIIe for Common Sole) – Celtic Sea &

Western Channel

Fishery Gear Code Fishing gear Mesh

Size

Landing Obligation

Common

Sole

TBB All Beam trawls All Where the total landings per

vessel of all species in 2013

and 2014 consist of more than

5 % Common Sole, the landing

obligation shall apply to

Common Sole.

Common

Sole

GNS, GN, GND,

GNC, GTN, GTR,

GEN

All Trammel nets &

Gill nets

All All catches of Common Sole

are subject to the landing

obligation.

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Fishery Gear Code Fishing gear Mesh

Size

Landing Obligation

Cod,

Haddock,

Whiting &

Saithe

OTB, SSC, OTT,

PTB, SDN, SPR,

TBN, TBS, TB, SX,

SV, OT, PT, TX

Trawls & Seines All Where total landings per

vessel of all species in 2013

and 2014 consist of more than

25% of the following gadoids;

cod, haddock, whiting and

saithe combined, the landing

obligation shall apply to

Whiting.

Note: See Gear Code Acronym Table in Annex II

5. Exemptions

a. Fish which has been damaged by predators like fish-eating marine mammals,

predatory fish or birds can constitute a risk to humans, pets and other fish by virtue

of pathogens and bacteria which might be transmitted by such animals.

Consequently, as set out in Article 15.4(d) the landing obligation should not apply to

such catches and the fish should be immediately disposed of at sea.

b. Having regard to food safety provisions as set out in Regulation (EC) No. 853/2004

of the European Parliament and of the Council as well as in Commission Regulation

(EC) No. 1881/2006, catches of fish for which flesh contaminants would exceed the

maximum limits set by EU rules for human or animal consumption shall not be kept

on board a vessel. Consequently, the landing obligation should not apply to such

catches and the fish should be immediately disposed of at sea.

c. Situations where the landing obligation shall not apply are specified in Article 15.4

of Regulation (EU) No 1380/2013. This refers to species in respect of which fishing is

prohibited, as defined by a Council Regulation, species for which scientific evidence

demonstrates high survival rates, and catches falling under the de minimis

exemption, as outlined in Article 15.5(c) of Regulation (EU) No 1380/2013.

d. The North Western Waters Group recommends that a high survivability exemption

should apply in the following case, full details in Annex II:-

Norway Lobster (nephrops) caught by Pots, Traps or Creels in ICES Areas VIa

and VII

The North Western Waters Group is aware that scientific research on other species

and fishing methods is ongoing. Additional high survivability exemptions may be

recommended when these studies have been completed and evaluated.

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e. The North Western Waters Group is making recommendations for de minimis

exemptions as set out herein.

The recommendations will be examined and reviewed for 2017 and 2018 with the

objective of reducing and, over time, phasing out these provisions where possible.

In reviewing the provisions, the NWW Group will take into account experience in

the fisheries, progress on the Cod Recovery Plan and the results from scientific and

technical trials. The phasing in of additional species under the Landing Obligation

may necessitate the inclusion of further recommendations for de minimis

exemptions.

The NWW Group recommends that before deciding on exemptions for reasons of de

minimis STECF be requested to swiftly evaluate these exemptions and give

supplementary advice on any further or changed conditions to such exemptions.

Full details for each case are set out in Annex IV:-

(i) A maximum of 3% for years one (2016), two (2017) and three (2018) for

common sole of the total annual catches of this species by vessels using

trammel and gill nets to catch common sole in the Channel (ICES Areas

VIId, e, f and g)

(ii) A maximum of 7% for years one (2016) and two (2017), and 6% for year

three (2018) for whiting of the total annual catches of this species by

vessels using bottom trawls < 100 mm to catch whiting in the Channel

(ICES Area VIId and e)

(iii) A maximum of 7% for years one (2016) and two (2017), and 6% for year

three (2018) for whiting of the total annual catches of this species by

vessels using bottom trawls ≥ 100 mm to catch whiting in the Celtic Sea

and the Channel (ICES Areas VIIb-j)

(iv) A maximum of 7% for years one (2016) and two (2017), and 6% for year

three (2018) for whiting of the total annual catches of this species by

vessels using bottom trawls < 100mm to catch whiting in the Celtic Sea

(ICES Area VII (excluding VIIa, d and e)

(v) A maximum of 7% for years one (2016) and two (2017), and 6% for year

three (2018) for Norway lobster (nephrops) of the total annual catches of

this species by vessels obliged to land Norway lobster (nephrops) in ICES

Area VII

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(vi) A maximum of 7% for years one (2016) and two (2017), and 6% for year

three (2018) for Norway lobster (nephrops) of the total annual catches of

this species by vessels obliged to land Norway lobster (nephrops) in ICES

Area VIa

(vii) A maximum of 3% for years one (2016), two (2017) and three (2018) ) for

common sole of the total annual catches of this species by vessels gear

with increased selectivity in the Channel (ICES Areas VIId and e) and the

Celtic Sea (VIIf and g)

6. Documentation of catches

a. In accordance with Article 15.5(d), specific discard plans can make provisions on

documentation of catches. Such provisions should be consistent with the rules

outlined in Regulation (EU) no 1224/2009.

b. Catches of species subject to catch limits shall be recorded in the appropriate fishing

logbook with the correct scientific species name and/or with the appropriate codes

in order to quantify the exact catches, in accordance with the Control Regulation.

Documentation should be sufficiently rigorous to enable robust scientific

assessments to be undertaken and the application of methods of control.

c. Catches of species below a minimum conservation reference size should be recorded

as a separate entry.

d. For any species not subject to the landing obligation, all estimated volumes of

discards above 50 kg live-weight equivalent in volume shall be recorded in the

electronic/fishing logbook with appropriate codes denoting the species discarded.

e. For any species not subject to the landing obligation pursuant to Articles 15.4 and

15.5 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council

all estimated discards in volume shall be recorded in the electronic/fishing logbook.

The utilisation of the de minimis exemption shall be monitored by the competent

authority.

The North Western Waters Group may wish to take account of any advice issued by

relevant experts groups relating to the documentation of catches in due course.

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Annex I: List of Vessels subject to a landing obligation determined by

threshold criteria only

Tables 1- 7 of this Joint Recommendation include landing obligations that will only

apply where a vessel has had landings of a particular species or group of species

above the relevant percentage threshold in the years 2013 and 2014.

A Flag Member State shall determine the vessels that meet the threshold criteria

designated for a particular fishery and which are, therefore, subject to the landing

obligation for that particular fishery.

The Flag Member State shall compile lists of all such vessels and the landing

obligation(s) applicable to those vessels.

Vessels to which the threshold criteria do not apply are not required to be included

on the lists.

Each Flag Member State shall transmit its lists to the secure EU Control website by 1

January 2016.

Lists will be updated from time to time by the Flag Member State and any such

amendment will have effect as soon as it is listed on the secure EU Control website.

A vessel is deemed to be subject to the Landing Obligation if it meets one or more of

the definitions set out in Tables 1 to 7.

The inclusion of a vessel on a list on the secure EU Control website shall be evidence

(unless the contrary is shown) that that vessel is subject to a Landing Obligation

determined by threshold criteria only.

The exclusion of a vessel from a list on the secure EU Control website shall be

evidence (unless the contrary is shown) that the vessel is not subject to a landing

obligation determined by threshold criteria only.

A vessel not on the list may be subject to one or more of the landing obligations in

Tables 1-7 which are not determined by threshold criteria.

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Annex II: Gear Code Acronym Table

Gear Code Type of gear

OTB Bottom Otter Trawl

OTT Otter Twin Trawls

OT Otter Trawls (Not Specified)

PTB Bottom Pair Trawl

PT Pair Trawls (Not Specified)

TBN Nephrops Trawl

TBS Shrimp Trawl

TX Other Trawls (Not Specified)

SDN Danish Anchor Seine

SSC Scottish Seine (Fly Dragging)

SPR Scottish Pair Seine (Fly Dragging)

TB Bottom Trawls (Not Specified)

SX Seine Nets (Not Specified)

SV Boat or Vessel Seine

TBB Beam Trawl

GN Gillnets (Not Specified)

GNS Gillnets Anchored (Set)

GND Gillnets (Drift)

GNC Gillnets (Circling)

GTN Combined Gillnets-Trammel Nets

GTR Trammel Net

GEN Gillnets and Entangling Nets (Not Specified)

LLS Set Longlines

LLD Drifting Longlines

LL Longlines Not Specified

LTL Trolling Lines

LX Hooks and Lines (not specified)

LHP Handlines and Pole Lines (Hand Operated)

LHM Handlines and Pole Lines (Mechanised)

FPO Pots

FIX Traps (Not Specified)

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Annex III – Recommendation for High Survivability Exemption

Request under Article 15.4(b) of EU 1380/2013 to exempt from the Landing Obligation

Nephrops Norvegicus caught in pots, traps and creels in Areas VIa and VII on the basis of

high survival rates.

Article 15.4(b) of EU 1380/2013 states that the landing obligation shall not apply to: “species for which scientific evidence demonstrates high survival rates, taking into account the characteristics of the gear, of the fishing practices and of the ecosystem;” This request recommends that Nephrops caught in pots (pots includes, pots, traps and creels) in Areas VIa and VII should be exempt from the landing obligation on the grounds of high survival. Annex 1 presents the scientific evidence for high survival in pot fisheries for Nephrops. It draws upon several studies that use pot caught Nephrops as a control group in experiments to demonstrate survival rates of between 92 - 99%. Nephrops caught by pots are frequently used as a control in experiments on survivals in Nephrops trawl fisheries as survival in pot fisheries is generally accepted to be high. Whilst the studies cited in Annex 1 are from Area Vl, pot, fisheries for Nephrops throughout Areas Vl and Vll are similar in their methods and practices and survival rates should therefore be similarly high. The small scale of the pot fisheries in Area Vll would not justify the cost of dedicated survival studies. In Area VIa potting activity is mainly carried out by United Kingdom (UK) vessels and is of particular importance in the inshore waters and sea lochs on the west coast of Scotland. In 2013 1572t of landings were from pot fishing. The value of UK (Scottish) pot caught Nephrops in 2013 was estimated at €17m. In Area VII, potting for Nephrops is of smaller scale but of importance in localised inshore areas of mud habitat. It is carried out by the Irish and UK (Northern Irish) fleets. In 2013 Irish landings of Nephrops caught by pots in Area VII totalled 66 tonnes. The main areas for potting are inshore areas of the west and southwest of Ireland. The value of landing is 2013 was estimated at €0.5m. In 2013, UK (Northern Irish) landings of pot caught Nephrops in Area VII totalled 10 tonnes, and were valued at around €67,000. The main Nephrops pot fishery in UK (Northern Ireland) is located in Strangford Lough on the east coast of County Down.

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Annex 1. Nephrops discard survival in creel fisheries

Lynda Blackadder, Carlos Mesquita & Helen Dobby

Marine Scotland Science (MSS)

Marine Laboratory, Aberdeen

Background

The latest reform of the Common Fisheries Policy (CFP) identified the reduction of discards

and bycatch as a key objective (EC 2013). In combination with catch quotas, a discard ban

will be gradually introduced for all regulated species in European waters between 2015 and

2019. Exceptions to the landing obligation will be made for species which "according to the

best available scientific advice, have a high survival rate when released into the sea under

conditions defined for a given fishery" (EC 2013). This paper will discuss Nephrops discard

survival in the Scottish creel fishery, provide an overview of previous studies and consider if

this fishery meets the exemption criteria.

Introduction

Nephrops is a marine decapod crustacean, widely distributed across the Northeast Atlantic

and Mediterranean Sea where it inhabits burrow complexes constructed on areas of muddy

sediment. It is commercially valuable and exploited throughout its range by both trawl and

creel fisheries. Total landings of Nephrops by UK vessels into Scotland amounted to just

under 18,000 tonnes in 2013 with a first sale value of £61.7 million, making Nephrops the

second most valuable species landed into Scotland (Marine Scotland Science (MSS), 2014).

Creel fishing for Nephrops is well established in UK (Scotland), particularly in the inshore

waters and sea lochs on the west coast of Scotland. Although creel fishing typically accounts

for a relatively small proportion of total Scottish landings (~ 10 % in 2013, ICES, 2014), creel-

caught Nephrops attract high prices in the live export market and can provide an important

source of income for small local boats. To the west of Scotland, creel fishing accounted for

17 % of landings in the North Minch and almost 20 % in the South Minch in 2013 with the

ports of Portree (~490 tonnes) and Stornaway (~330 tonnes) receiving the greatest amount

of creel-caught landings (Marine Scotland Science (MSS), 2014).

Creels and trawls exploit Nephrops populations in different ways, with trawl catches highly

dependent on seasonal and daily burrow emergence patterns related to light levels and tide

(for example) while creel catch rates are influenced by feeding activity in response to bait

and agonistic behaviour (Adey, 2007; Bjordal, 1986). For this reason, creels are more

selective for larger Nephrops than trawls, and catches typically exhibit a length composition

consisting of a significantly greater proportion of large individuals in comparison to trawl

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catches (Bjordal, 1986; ICES, 2014; Leocadio et al., 2007; Morello et al., 2009; Ziegler, 2006).

Discarding related to minimum landing size (MLS) is therefore likely to be at a lower level

than in trawl fisheries although market driven size related discarding still occurs (above

MLS). Creel-caught Nephrops may also be discarded when they are soft-shelled (due to

recent moulting) or damaged during the capture process either by gear, poor handling or in-

creel predation. There is little quantitative information on the level of Nephrops discards

from creel fisheries in Scotland, and observer trips on board these vessels are not currently

part of the MSS sampling programme. A number of trips were conducted on the West of

Scotland during 2008-2010 and indicated highly variable creel-caught Nephrops discard

rates – between 0 and 40 % by number with an average of around 10 % over all trips.

However, it is not known whether these values are indicative of current creel discards rates.

Discard survival rates

The immediate survival rate of discarded Nephrops is highly variable and depends on a

number of factors, including the amount of damage incurred during capture and post-

capture handling, air temperature and the level of predation by sea-birds, fish and other

marine predators during their return to the sea-bed (Chapman, 1981). The type of ground

the Nephrops are returned to will affect their longer-term survival, as Nephrops have

specific sediment requirements for the construction of burrows. The probability of being

returned to suitable habitat will therefore depend upon the fishery practice and the spatial

structure of the particular grounds.

Mortality of Nephrops due to discarding in the creel fisheries has been considered negligible

compared to other sources of mortality (trawl landings and discards, creel landings) and

therefore studies on the survival of creel caught Nephrops have mainly been conducted due

to their usefulness as a control group in experiments to estimate the mortality of trawl-

caught individuals. Wileman et al. (1999) reported on a study in the Gairloch area of the

North Minch in which only 3 of the 576 creel caught control individuals (held in pens on the

sea bed) died in captivity (which corresponds to a survival rate of > 99 %). Other studies

conducted in northern European waters have shown similarly high post-capture survival

rates. Harris and Ulmestrand (2004) estimated 92 % survival, based on a control sample of

twelve Nephrops caught in baited creels (off the Skagerrak, West Sweden) and maintained

in holding tanks for two weeks. An alternative control sample which was exposed to air at

15 ̊C for a 90 min period had a 100 % survival rate. Chapman (1981) estimated the survival

at 97 % after individuals caught in creels were transferred to cages on the sea bed on the

west coast of Scotland.

Similar studies have recently been conducted in more southern European waters. Mehault

et al. (2011) estimated a survival of 88 % for creel Nephrops after re-immersion at the Bay

of Biscay. A similar experiment (Campos et al., 2010) carried out off the south coast of

Portugal showed an 84 % survival rate for creel caught Nephrops that were used as a control

15

group for estimating trawl discard mortality. Table 1 gives a comparison of the post-capture

survival rates provided in these studies.

Studies of trawl-caught Nephrops indicate that damaged individuals have a lower rate of

post-capture survival than healthy individuals (Mehault et al. (2011)). However, creel fishing

is regarded as a less stressful method of capture than trawling and creel-caught Nephrops

generally suffer less physical and physiological damage during the capture process than

trawl-caught individuals (Ridgway et al., 2006). A large portion of the creel landed Nephrops

are exported live to markets in southern Europe and good post-capture handling techniques

are viewed as an important practice that adds value to landings. This practice further

minimises the likelihood of damage and increases the chances of survival if discarded.

Anecdotal information from the fishery suggests that at certain times of year, a small

proportion of individuals may be discarded due to damage incurred during interactions with

other animals (both Nephrops and other species such as octopus) within the creel during the

capture process. The percentage of animals damaged in this way is unknown and no studies

have been conducted on the survival rate of damaged creel-caught individuals. However,

Adey (2008), in a study on creel ‘ghost fishing’, frequently monitored creels left on the sea

bed for up to a year and found no evidence of Nephrops damage due to predation and no

Nephrops mortality until the creels had been in place for more than six months.

Eye damage due to light exposure had been described in literature (Gaten, 1988; Shelton et

al., 1985) but according with Chapman et al. (2000), this type of lesion does not seem to

influence the long term survival, growth or reproduction of Nephrops. Prolonged aerial

exposure and changes in ambient temperature have also been shown to have physiological,

immunological and pathological effects (Ridgeway et al., 2006). Again, the limited time on

board the creel boat and quick release into the water column ensures a prompt return to

appropriate temperatures.

Predation Mortality

Additional mortality due to post-release predation is not accounted for in the survival rates

given in Table 1. Predation by seabirds was estimated to be 8.6 % of discarded creel-caught

animals in Loch Torridon (Adey, 2007) but there seems to be considerable regional variation

between areas, depending on the size and behaviour of local populations of seabirds. The

same study concluded that there was very little or no mortality of creel-caught discards due

seabirds throughout the year in Loch Fyne where seabirds instead follow the local trawl

fishery.

In some areas of the West of Scotland, fishermen have implemented measures to mitigate

discard predation by seabirds by using a device which provide some protection to discarded

individuals near the surface. The device consists of a plastic tube or escape pipe on the side

of the boat which releases the Nephrops approximately 1 m under the surface and offers

16

protection from foraging seabirds when descending to the sea bed. (A Weetman, pers.

comm) though MS Science has not evaluated the efficacy of these devices.

Longer term survival

Longer-term discard survival rate is influenced by the type of ground to which the Nephrops

are returned as they have specific sediment requirements for the construction of burrows.

The probability of being returned to suitable habitat will therefore depend upon the fishery

practice and the spatial structure of the particular grounds. The process of catch sorting

differs between Nephrops creel and trawl fisheries. In the trawl fishery, catches may be

sorted while steaming between grounds and hence Nephrops may be discarded onto

unsuitable habitat. In this situation, Nephrops are unlikely to find a suitable refuge and are

at a much higher risk of predation mortality (Harris and Ulmestrand, 2004). In creel

fisheries, the catch is sorted during the creel hauling process and discarded Nephrops are

returned to the same location from which they were caught, therefore increasing the

chances of survival.

Experimental work which used creel-caught Nephrops to study the effect of eye-damage on

post-release survival and growth suggest high long-term survival rates. Almost 20 % of the

originally captured (and tagged) individuals which were released back into the sea (rather

than retained in tanks) were recaptured, with some individuals being recaptured and

released multiple times during the 7 year study period (Chapman et al., 2000). There was

no impact of eye-damage (which occurs when individuals are brought to the surface) on the

survival rate.

Discussion

The Scientific Technical and Economic Committee for Fisheries (STECF) report on the landing

obligation highlighted a number of issues relating to the exemption based on high survival

(STECF, 2013). It emphasised the importance of international guidance and protocols as to

best practices with regards to “scientific evidence” and also points out that the term “high

survival” is somewhat subjective (STECF, 2013).

The high survival rate of creel-caught Nephrops retained in tanks or cages and used as a

control group in experiments, suggests that the discard survival of healthy creel-caught

Nephrops could be similarly high. Short soak times and good post-capture handling

minimises the potential for damage during the capture process, ensuring captured

individuals are in good condition (and likely experience high rates of survival).

17

References

Adey, J. M. 2007. Aspects of the sustainability of creel fishing for Norway lobster, Nephrops

norvegicus (L.), on the west coast of Scotland. PhD D thesis, University of Glasgow.

Adey, J. M., Smith, I. P., Atkinson, R. J. A., Tuck, I. D. & Taylor, A. C. 2008. ‘Ghost fishing’ of

target and non-target species by Norway lobster Nephrops norvegicus creels. Marine

Ecology Progress Series, 366: 119-127.

Bjordal, Å., 1986. The behaviour of Norway lobster towards baited creels and size selectivity

of creels and trawl. Fiskeridirektoratets Skrifter, Havundersøkelser.18: 131–137.

Campos, A., Fonseca, P., Mendes B., Pilar-Fonseca, T., Castro, M., Leocadio, A., 2010.

Survival of Norway lobster (Nephrops norvegicus) escaping from trawl cod-ends. FCT

Contract nº PDCT/MAR/59366/2004, Final Report.

Chapman, C.J. 1981. Discarding and tailing Nephrops at sea. Scottish Fisheries Bulletin. 46:

10-13.

Chapman, C. J., Shelton, P. M. J., Shanks, A. M. & Gaten, E, 2000. Survival and growth of the

Norway lobster Nephrops norvegicus in relation to light-induced eye damage. Marine

Biology. 136: 233-241.

Charuau A., Morizur Y., Rivoalen J.J., 1982. Survival of discarded Nephrops norvegicus in the

Bay of Biscay and in the Celtic Sea, ICES-CM-1982/B:13.

EC (2013) Amendement proposal for a regulation of the European Parliament and of the

Council on the European Maritime and Fisheries Fund. Communication from the Commission

to the European Parliament, the Council, the European Economic and Social Committee and

the Committee of the Regions Brussels, 22.4.2013 COM(2013) 245 final.

Gaten, E. 1988. Light-induced damage to the dioptric apparatus of Nephrops norvegicus (L.)

and the quantitative assessment of the damage. Marine Behaviour and Physiology. 13: 169-

183.

Harris, R. R. and Ulmestrand, M. 2004. Discarding Norway lobster (Nephrops norvegicus L. )

through low salinity layers - mortality and damage seen in simulation experiments. ICES

Journal of Marine Science. 61: 127-139.

ICES. 2014. Report of the Working Group for the Celtic Seas Ecoregion (WGCSE), 13–22 May

2014, Copenhagen, Denmark. ICES CM 2014/ACOM:12.

Leocadio, A.M., Whitmarsh, D., Castro, M. 2012. Comparing Trawl and Creel Fishing for

Norway Lobster (Nephrops norvegicus): Biological and Economic Considerations. PLoS ONE

7(7): e39567. doi:10.1371/journal.pone.0039567

18

Marine Scotland Science. 2014. Fisheries Information Network. Internal database. Query

ran 17/12/2014.

Méhault, S., Morandeau, F., Fifas, S. 2011. Discarded Nephrops survival after trawling.

Working document for ICES Nephrops working group. IFREMER Report of project PRESPO,

pp. 15.

Morello, E., Antolini, B., Gramitto, M., Atkinson, R., Froglia, C. 2009. The fishery for

Nephrops norvegicus (Linnaeus, 1758) in the central Adriatic Sea (Italy): Preliminary

observations comparing bottom trawl and baited creels. Fisheries Research. 95: 325–331.

Ridgway, I., Taylor, A., Atkinson, R., Chang, E., Neil, D. 2006. Impact of the capture method

and trawl duration on the health status of the Norway lobster, Nephrops norvegicus. Journal

of Experimental Marine Biology and Ecology. 339: 135–147.

Sangster, G.I., Breen, M., Bova, D.J., Kynoch, R., O’Neill, F.G., Lowry, N., Moth-Poulsen, T.,

Hansen, U.J., Ulmestrand, M., Valentinsson, D., Hallback, H., Soldal, A.V., and Hoddevik, B.

1997. Nephrops survival after escape and discard from commercial fishing gear. Presented

at ICES FTFB Working Group, Hamburg, Germany 14-17 April, 1997, ICES CM 1997 CM/B.

Scientific, Technical and Economic Committee for Fisheries (STECF). 2013. Landing

obligation in EU fisheries (STECF-13-23). Graham, N. and Doerner, H. editors. Luxembourg:

Publications Office of the European Union. EUR 26330 EN,

Shelton, P.M.J., Gaten, E., Chapman, C.J. 1985. Light and retinal damage in Nephrops

norvegicus (L.). Proceedings of the Royal Society of London (Series B) 226:217-236.

Wileman, D. A., Sangster, G. I., Breen, M., Ulmestrand, M., Soldal, A. V. & Harris, R. R., 1999.

Roundfish and Nephrops survival after escape from commercial fishing gear. Final report to

European Commission, Brussels, FAIR-CT95-0753.

Ziegler, F., 2006. Environmental Life Cycle Assessment of Norway lobster (Nephrops

norvegicus) caught along the Swedish west coast by creels, conventional trawls and species-

selective trawls. A data report. SIK report 746, SIK, Göteborg, 36 pp (available from SIK

library: hr@sik.se).

19

Table 1. Summary of creel-caught Nephrops survival rates from control groups in trawl

discard survival studies.

Location % Survival Sample

size

Study Period Reference

Southern Portugal 84 24 2 days Campos et al.

(2010)

West of Scotland 97 NA 8-9 days Chapman (1981)

Skagerrak, Sweden 92 12 2 weeks Harris &

Ulmestrand

(2004)

Bay of Biscay 88 16 3 days Mehault et al.

(2011)

North Minch (West

of Scotland)

> 99 576 14 days Wileman et al.

(1999)

20

Annex IV – Recommendations for De minimis Exemptions

(i) De minimis exemption request for the vessels using nets to catch sole in the

Channel and Celtic Sea (ICES areas VIId, e, f and g).

In the frame of the landing obligation for the demersal fisheries in the North Western

Waters, a de minimis exemption of 3% is requested for sole (Solea solea) for the vessels

using net gears (gear codes GNS, GN, GND, GNC, GTN, GTR) in the Channel (VIId and e) and

the Celtc Sea (f and g) for 2016. This exemption could be modified and completed by new

elements in the near future according to the species subject to the landing obligation in this

fishery in 2017 and 2018.

I. Definition of the species and the stock

Sole (VIId)1: For 2015, ICES advises on the basis of the MSY approach but cannot quantify

the resulting catches. The implied landings should be no more than 1 931 t. Discards are

known to take place but are not fully quantified (in the order of 10%). The spawning-stock

biomass (SBB) has fluctuated without trend and is above MSY Btrigger since 2002. Fishing

mortality has always been above FMSY, and has been above Fpa since 2005. Recruitment has

been fluctuating without trend. Recruitment in 2012 and 2013 are the lowest of the time

series. FMSY is above targeted, Btrigger is above trigger, Bpa and Blim show full reproductive

capacity, Fpa and Flim show increased risk.

Sole (VIIe)2: For 2015, ICES advises on the basis of the MSY approach that catches in 2015

should be no more than 851 tonnes. All catches are assumed to be landed (discards are

considered to be negligible, i.e < 5%). The fishing mortality has fluctuated around FMSY since

the early 1990s and is estimated to have been below FMSY since 2009. SSB has been around

MSY Btrigger for about two decades, increased from 2009 to 2012, and has declined thereafter

as a result of weaker recruitment. Recruitment has been fluctuating without an overall

trend, but the 2010 to 2012 year classes are estimated to be below average. FMSY is

appropriate, Btrigger is above trigger, Bpa and Blim show full reproductive capacity, Fpa and Flim

are undefined.

Sole (VII f and g): For 2015, ICES advises on the basis of the MSY approach that catches

should be no more than 652 t. All catches are assumed to be landed. The spawning-stock

biomass has been above MSY Btrigger since 2001, but is declining. Since 2010, fishing 1 http://www.ices.dk/sites/pub/Publication%20Reports/Advice/2014/2014/sol-eche.pdf

2 http://www.ices.dk/sites/pub/Publication%20Reports/Advice/2014/2014/sol-echw.pdf

21

mortality has been increasing and is now at Flim. Recruitment has been fluctuating around

average. No specific management objectives are known to ICES.

Sole is a flatfish for which some studies have shown interesting survivability rate. STECF

report 14-193 on landing obligation lists the survival studies known for sole, with no study

dealing with the survival of the sole in a net fishery. Nevertheless, some studies in Canada

and USA show interesting survival rate for some flatfishes (Pleuronectidae) caught by

gillnets (Benoit and Hurlbut, 2010; Smith and Scharf, 2011). The ongoing project ENSURE on

the survival of the discards should give some results on the survival of the sole caught and

released by trammel nets by the beginning of 2017 (Annex 1).

II Definition of the management unit

1) Characteristics of the fishery and its activity

The NWW Discard Atlas (Catchpole and Ribeiro Santos, 2014), which focus on the Celtic Sea

(including VIIe, but excluding VIId) indicates that the main gill (GN1) and trammel (GT1) nets

effort are from the French and English fisheries. The GN1 effort is widely spread in the Celtic

sea, but most the effort is close to the English and French shore (Figure 2.1-6). Both fleets

mainly target demersal species including hake and pollack (Pollachius pollachius). The

French fleet also targets for crustacean species (Spider crab and common crab). Also a

Spanish small fleet (only 2 vessels) target hake operated in Divisions VII j and VIIk. A pilot

survey in 2006 showed a discard rate < 5%, so discards sampling programme was not

focussed on gillnets. There is an important Irish gillnet fishery targeting cod in VIIe between

January and March. Much of this fishery is operated by vessels under 12m. The trammel net

effort (GT1) is less wide spread than the gillnet fishery and most of the effort is carried out

close to the Brittany coast. The targets species for this fishery are sole, anglerfish and

crustaceans (Spider crab and common crab; Catchpole and Ribeiro Santos, 2014).

The North Sea Discard Atlas (Quirijns and Pastoors, 2014) described the trammel net

fisheries (GT1) as operated by a number of countries and are particularly important in more

coastal waters, for example off the English North Sea and Channel coasts for sole (Fig 2). The

main gillnet activity (GN1) is from a Danish fishery targeted mainly at cod and plaice in the

North Sea (Quirijns and Pastoors, 2014).

3 Scientific, Technical and Economic Committee for Fisheries (STECF) – Landing Obligations in EU Fisheries -

part 4 (STECF-14-19). 2014. Publications Office of the European Union, Luxembourg, EUR 26943 EN, JRC 93045, 96 pp.

22

GN1

GT1

Fig 1. Distribution of Celtic Sea international fishing effort of gill (top) and trammel (bottom) nets fisheries, in

fishing hours, between 2010 and 2012. Source: STECF, 2013

Gillnets (GN1) Trammelnets (GT1)

Fig 2. Distribution of North Sea, Skagerrak and Eastern Channel international fishing effort (EU) in hours

fishing by ICES statistical rectangle. Figures shown for gillnets GN1 and trammel nets GT1 Note: a) that

within each plot the darker the shading, the higher the effort; b) that the scales are different between the

plots and so the plots should not be used to infer relative magnitude of effort between gears, but rather

for examining distribution of effort (Quirijns and Pastoors, 2014)

23

All the vessels using nets gears in the Channel are likely to catch (and discard) undersized

sole. The net fishery is subject to different European and national license systems (AEP,

ANP), including one for sole (AEP) in the Western Channel, without limited entry.

[Example of the French net fishery:]

Approximately 175 French vessels are concerned by the net fishery and distributed in 43

French harbours according to the 2014 ObsMer report (Cornou et al. 2014). The activity of

this fishery is mainly dedicated to the sole, with some fishing trips targeting other demersal

fishes, rays or crustaceans. The size of the vessels ranges from 4 to 18 m, with an average of

12 m. The main mesh-size used range from 90 to 100 mm (2014 ObsMer report; Cornou et

al. 2014). The nets are set during daily fishing trips, and the total length of nets set ranges

from 2 km to 20 km (3-4 km in average) according to the size and the activity of the boat,

and the season. Fishing operations occur in depth ranging from 5 to 50 m, with soak time

lasting between 4 and 24 hours. In the North East of the Channel, a large part of the fleet

also operates in the North Sea (Fig 3 and 4).

In the Eastern Channel, a French national fishing authorization system has been set in

2015 for the net fishery targeting sole (> 300 kg / year; cf part III).

Fig 3. Spatial distribution of the fishing operations sampled (red circle) and the total fishing effort

(rectangle) in number of days-at-sea operated by the net fishery in the North Sea and the Eastern

Channel (2014 ObsMer report; Cornou et al. 2014).

24

Fig 4. Spatial distribution of the fishing operations sampled (red circle) and the total fishing effort

(rectangle) in number of days-at-sea operated by the net fishery (vessels < 15 m) in the Western

Channel and Western Brittany (2014 ObsMer report; Cornou et al. 2014).

UK Gill and Trammel Net fisheries

During 2013 there were 497 vessels that landed sole into ports along the Channel (7d and

e). The majority (466) of these vessels were under 10m inshore vessels. The remaining 31

vessels were greater that 10m in length. The total landings of sole for these vessels

amounted to 439 tonnes. In the western channel 183 of the under 10m vessels landed less

than 300kg of sole. The total number of operators using nets along the Channel is 812.

During 2013 there were 255 UK vessels that operating GT and GN gears in VII f and g. Of

these 67 vessels landed sole into UK ports. 53 of these vessels were under 10m in length

and 14 over 10m in length. Total landings from this fleet came in at 3,380 tonnes with 3

tonnes of sole. This is very much a non-target sole fishery the phasing of the landing

obligation means that these vessels will be subject to the landing obligation and they will

face exactly the same challenges as those operating in the Channel in avoiding any juvenile

sole.

25

2) Composition of the catches, landings and discards.

According to the NWW Discard Atlas, the trammel nets (GT1) has the highest overall discard

rate, but highly variable among species. Anglerfish and sole had discard rates of 15% and

0%, respectively, whereas other species such as whiting, cod, ling and hake had high discard

rates, ranging from 46% to 63%. The reported data from this fishery is scarce and the

discard estimates should be interpreted with care. Gillnets (GN1) are mostly operated by

the French fleet and are the gear with the lowest discard rates. Most of the species have

discard rates ranging from 0% and 7%, except for cod with 20% of discard rate of the

average total catches. The high discard rate for cod might be related with the quota

restrictions (Catchpole and Ribeiro Santos, 2014).

For sole, the NWW Discard Atlas underlines that it “is a high market value species with low

discard rates between 2010 and 2012, with an average discard rate of 3%. This indicates the

ability of fishermen to avoid unwanted sole catches” (Catchpole and Ribeiro Santos, 2014).

The average discard rate for sole in the Celtic Sea (including the Western Channel) is indeed

very low (3%), even though only a small part of the catch comes from the Channel net

fishery. The same discard rate (3%) is observed during this period in the Eastern Channel (all

gear included) according to the Discard Atlas for the North Sea.

[Example of the French net fishery:]

The proportion of sole in the catches of the French netters targeting sole in the Channel is

high (~35%), with a really low proposition of the sole catches being discarded: 2.1% (VIId

and IVc) and 0.3% (VIIe) for dedicated netters; 9.7% for non-dedicated netters, but only 3%

of sole in their catches (Table 1).

The proportion of sole that is in the catches of all UK netters operating in the Channel is

approximately 8% (439 tonnes out of 5,398).

The proportion of sole that is in the catches of UK netters operating in the Celtic Sea is

approximately 1%.

26

Table 1. Proportion of the catch discarded by species, for the French fleet using net in the Channel,

according to 2013 French data (2014 ObsMer report; Cornou et al. 2014).

ObsMer Métiers 2014 Proportion in the

catches (%)

Proportion of the

catches discarded (%)

Proportion of undersize in

the discards in weight (%)

Nets targeting sole in Eastern Channel and

the North Sea

36.3 [31.3 - 41.7] 2.1 [1.6 - 2.8] 91.6

Nets targeting flatfish in Western Channel

and Western Brittany operated by vessels

smaller than 15 m

32.7 [21.9 - 43.7] 0.3 [0.1 - 0.8] 18.9

Nets targeting other species than sole in

Eastern Channel and the North Sea

2.9 [1.0 - 5.6] 9.7 [0.5 - 19.3] 100.0

The cause of discards for sole is predominantly related to the minimal landing size (Fig 5 and

6).

Fig 5. Length structure (in number) of sole landings and discards of French netters targeting demersal species

in the Eastern Channel and the south of the North Sea in 2013. 97% of the individuals of the 2.1% discarded

are undersized (2014 ObsMer report; Cornou et al. 2014).

27

Fig 6. Length structure (in number) of sole landings and discards for French netters smaller than 15 m targeting

demersal species in the Western Channel (and VIIh) in 2013. 24% of the individuals of the 0.3% sole discarded

are undersized (2014 ObsMer report; Cornou et al. 2014).

3) Sorting and handling of the catches

[Example of the French net fishery:]

Catches of commercial sole are directly unmeshed during the haul of the nets, and sorted

and stored once the net is hauled in the boat, or stock onboard and sort at the harbour. The

undersized sole are release as soon as they are unmeshed.

III Current management measures of the fleet

The regulation (CE) N° 850/98 obliges the use of a minimal mesh size of 90 mm and a catch

composition rule of 70%. The minimal landing size of the sole is 24 cm.

For the sole in the Western Channel, a management plan has been agreed by the EU in 2007

(Council Regulation (EC) No. 509/2007). Following the recovery of the stock in 2011 the plan

has moved into the management plan phase where it aims to keep F at the target value of

0.27. Fishing days by vessels and by years have been implemented.

[Example of the French net fishery:]

For the Sole in the Eastern Channel (VIId), a regulation has been set in 2015 in France,

leading to 1) the establishment of a national fishing authorization (for vessels fishing more

28

than 300kg annually) accompanied by a effort capacity cap (ANP); 2) the obligation to have a

VMS equipment for vessels owning an ANP to facilitate monitoring of the effort; 3) an effort

regime in fishing days for netters and beam trawlers (with a reduction of 10% in 2015); 4) a

limitation of the length of nets (1km per linear meter ship without prejudice to more

stringent regional rules); 5) four zones to protect nurseries of sole within the 3 miles with

prohibition of towed gear.

The majority of the UK netters are allocated monthly catch limits by the Marine

Management organisation which states the permitted levels of catches that they are

entitled to make).

IV Recent works on selectivity measures

As mentioned above in the discard atlases, the negligible discard rate (3%) of the net fishery

indicates the ability of fishermen to avoid unwanted sole catches. Improving the selectivity

of static gear is then difficult. Few studies have looked at the improvement of the selectivity

for sole netters, the ones done in the late 1990s showing commercial losses according to the

increase of the mesh size (IFREMER, 1997). In 2014, a workshop has been organized in the

frame of the selectivity project "REDRESSE" in the Bay Biscay (Annex 3), involving

commercial fishermen and scientists from IFREMER. No efficient selective measures could

be identified during this workshop to reduce unwanted catches, especially for sole for which

unwanted catches are really low (1 to 3% of discard of undersized sole for netters of Bay of

Biscay using 100 mm mesh size trammel nets (Cornou et al. 2014)). For sole, reducing the

length of the nets or the soaking time will not change the percentage of undersize caught by

fishing operation, as these parameters are not involved in the cause of this discard. In

REDRESSE, works have been then focused on the publication of guidance for good practice

(limitation of the length of the nets and of the soak times, etc.), which is expected during

2015.

V Conclusion

According to the fact that:

- Discard of sole are really low (< 3%, mostly undersized, for the dedicated fishery), i.e.

the selectivity is already really high for this species in the net fishery;

- Selectivity improvement by regulatory measures to avoid the undersize will be hard to

achieve without economic impacts on the revenue of the boats;

29

- The consumption of the sole quotas is high for some areas, and the quota uplifts

remain uncertain for the stocks for which "discards are negligible";

- The landings of undersized sole will represent low amounts of catches distributed in

multiple little harbours all along the coast, which severely limit the possible non-human

consumption outlets.

- Even if social acceptance is not an argument expected for the exemption request, the

obligation to land small amounts of undersized soles known to have a survival rate above

zero will be really difficult to accept for commercial fishermen, leading to a risk of severe

non-compliance by the commercial fishermen in front of the landing obligation for this

species and by extension for the other species;

- De minimis exemptions can provide the flexibility to the fishermen to adapt their

behaviour to such new regulation frame, particularly during the first years of the landing

obligation implementation.

A de minimis exemption of 3% is requested for the sole caught in the net fishery in the

Channel.

30

References

Catchpole, T., Ribeiro Santos, A. 2014. Discard Atlas of the North Western Waters Demersal

Fisheries. CEFAS, England, 118 pp.

Cornou Anne-Sophie, Dimeet Joel, Tetard Alain, Gaudou Olivier, Quinio-Scavinner Marion,

Fauconnet Laurence, Dube Benoit, Rochet Marie-Joelle (2014). Observations à bord des

navires de pêche professionnelle. Bilan de l'échantillonnage 2013.

http://dx.doi.org/10.13155/35856

Equipes Ressources Halieutiques et Technologie des Pêches du Centre IFREMER de

Boulogne/Mer (1997). Comparaison des captures de soles au filet trémail pour les

maillages 84, 90 et 100 mm dans le détroit du Pas-de-Calais. Rapport IFREMER, 45pp.

Quirijns F., Pastoors, M. 2014. Discard Atlas of North Sea fisheries, IMARES Wageningen UR,

84 pp.

Rochet M.-J., Arregi, L., Fonseca, T., Pereira, J., Pérez, N., Ruiz, J., and Valeiras J. 2014.

Demersal discard atlas for the South Western Waters. 121 p.

Scientific, Technical and Economic Committee for Fisheries (STECF) – Landing Obligations in

EU Fisheries - part 4 (STECF-14-19). 2014. Publications Office of the European Union,

Luxembourg, EUR 26943 EN, JRC 93045, 96 pp.

31

Annex 1: ENSURE (EvaluatioN de la SURvie des REjets – Evaluation of discards survival)

Département Ressources Biologiques et Environnement

Laboratoire de Biologie et Technologie Halieutiques

Lorient.

The landing obligation is one of the main issues dealt by the new Common Fisheries Policy.

Article 15 indicates that all species under TAC have to be landed; however the species for

which high survival rate can be demonstrated scientifically may be exempted. In such

context, the ENSURE project aims at 1) identifying the species that present a potential of

survival after discard, 2) determining the optimal condition of survival and 3) describing the

state of discarded individuals. These objectives will be reached from observations on board

of commercial vessels: the vitality of discarded individuals will be assessed as well as their

reflex impairments. The experimentations carried out will enable to determine the

maximum duration of emersion that can be stand without compromising the survival. Once

the lethal levels will be defined, the proportion of individuals discarded according to their

vitality and reflex status will be estimated. In the meantime, individuals discarded alive will

be tagged. Based on the significant explanatory variables and observations made on-board,

technical and operational improvements will be proposed to ensure the best survival rates.

The expected results should feed the discard plans relative to the three métiers addressed

by the ENSURE project: bottom trawl targeting mixed fish species in the bay of Biscay and

English Chanel, twin trawl targeting Nephrops in the bay of Biscay and trammel nets

targeting sole in the English Channel.

The project was launched in June 2014 and will run until end 2016 - beginning of 2017.

32

Annex 2: REDRESSE project

AGLIA

6, rue A. Rio - 56100 Lorient

Portable : 06 99 04 60 00 - Fax : 02 97 83 33

66

email: rimaud.aglia@orange.fr

REDRESSE is a selectivity project which has been launched in 2014 for four gears used in the

Bay of Biscay (bottom and pelagic trawls, Danish seine, and nets), which involved scientists

from IFREMER and commercial fishermen from all along the French coast. The REDRESSE

project's objective is to develop and test strategies to further reduce unwanted catches

from fleets in the Bay of Biscay by experimenting with different solutions on board

commercial fishing vessels (the use of selective devices, strategy changes, and spatial and

temporal measurements, etc.). The idea is to find technical solutions able to improve the

selective practices already in place and to reduce discards by minimising the impact on

commercial catches in order to maintain the economic sustainability of fishing businesses.

Presentation of the project: http://www.aglia.org/sites/aglia.org/files/projets-

pdf/La%20s%C3%A9lectivit%C3%A9%20en%20action.pdf

33

(ii) De minimis exemption request for the vessels using bottom trawls < 100 mm (TR2)

in the Channel (ICES area VIIde).

In the context of the landing obligation for the demersal fisheries in the North Western

Waters, a de minimis exemption of 7% is requested for the whiting (Merlangius merlangus)

for the trawler fishery using TR2 gear (OTB, OTT, PTB, SDN, XXX) to target gadoids in the

Channel (VIIde) for 2016. This exemption could be modified and completed by new

elements in the near future according to the species subject to the landing obligation in this

fishery in 2017 and 2018.

I. Definition of the species and the stock

Whiting (4 - 7d)4: For 2015, ICES advises on the basis of the EU–Norway management plan

that total catches should be no more than 28 317 tons. If rates of discards and industrial

bycatch do not change from the average of the last three years (2011–2013), this implies

human consumption landings of no more than 17 190 tons (13 678 tonnes in the North Sea

and 3512 tonnes in Division VIId). Management for Division VIId should be separated from

the rest of Subarea VII. The stock statuses show a stock for which FMSY, Btrigger and safe

biological limits are undefined. The spawning-stock biomass (SBB) has declined in recent

years and is close to the minimum value of the time-series, while fishing mortality has been

declining over most of the time-series. The average level of recruitment has been low since

2003.

Whiting (7b, c e-k)5: For 2015, ICES advises based on the MSY approach that catches in 2015

should be no more than 18 501 tonnes. If discard rates do not change from the average of

the last three years this implies landings of no more than 14 230 tonnes. Discard rate is

estimated ≈ 17% in 2013 (2.5kt / 14.3kt). The stock status shows a stock harvested

sustainably. SBB increased from 2008 and has been decreasing since 2011, but remains well

above MSY Btrigger. Fishing mortality has shown a declining trend since 2007 and has been

below the FMSY proxy since 2011. Recruitment between 2010 and 2012 was below average

whereas the 2013 year class is estimated to be the second highest in the series. MSY is

reached, and the stock is within safe biological limits.

4 http://www.ices.dk/sites/pub/Publication%20Reports/Advice/2014/2014/whg-47d.pdf

5 http://www.ices.dk/sites/pub/Publication%20Reports/Advice/2014/2014/whg-7e-k.pdf

34

II Definition of the management unit

1) Characteristics of the fishery and its activity

For the Western Channel, the NWW Discard Atlas (Catchpole and Ribeiro Santos, 2014)

reports that the trawlers with a codend mesh size range 70-100mm is the fishery with

second highest effort in Celtic Sea (including Western Channel), accounting for 18% of the

total effort. The main fishing areas are localized in ICES VIIe, close to the English and French

shores (Figure 2.1-3) and in VIIg, close to the Irish shore. However, the TR2 effort is likely to

be more widespread and higher than showed in the Figure 2.1-3. The TR2 fishery in the

Western Channel is mainly characterized by a mixed fishery targeting anglerfish, gadoid

species and non-quota species (cuttlefish and squid), taking place in VIIe close to the English

and French shore. According with the STECF data (2013), most of the TR2 effort is mainly

operated by English and French vessels (Catchpole and Ribeiro Santos, 2014).

Fig 1. Distribution of Celtic Sea international fishing effort of TR2 fishery, in fishing hours, between

2010 and 2012. Source: STECF, 2013

For the Eastern Channel, the NS Discard atlas described the use of TR2 fishery as more

widespread than the TR1 gear (Fig 1.) and associated mainly with three fisheries, one of

which is a mixed fishery taking place in the more southerly parts of the North Sea and

centred on the eastern Channel in which whiting and non-quota species are important

constituents. This is predominantly a French fishery.

35

TR2

Fig 1. Distribution of North Sea, Skagerrak and Eastern Channel international fishing effort (EU)

in hours fishing by ICES statistical rectangle for TR2. Note: a) that within each plot the darker the

shading, the higher the effort; b) that the scales are different between the plots and so the plots

should not be used to infer relative magnitude of effort between gears, but rather for examining

distribution of effort (Quirijns and Pastoors, 2014)

The example of the French fishery shows that the vessels concerned by this fishery use

mainly bottom otter-trawl, but can also use otter twin trawls and Danish seine. The mesh-

size used range from 70 to 90 mm (mainly 80 mm ; 2014 ObsMer report, Cornou et al.,

2014) to fit the Cod Plan,. The fishing operations occur in depth ranging from 20 to 70 m,

and last between 45min and 4 hours. Fishing trips duration are variable, from 12h to 7 days

(3 days in average), depending on the size of the boats, the species targeted, the seasons,

the weather forecast or even the harbour. In the North East of the Channel, a large part of

the TR2 fleet also operates in the North Sea, regularly during the same fishing trips (Fig 1, 2,

3 and 4).

The main target species of this mixed fishery in the Channel are non-quota species

(cephalopods; Scallops, red mullet), whiting, anglerfish, megrim and also sole in some areas.

These species are often spatially and temporally associated. Between 9 and 13 species

constitute 80% of the catches in the VIIde (Cornou et al., 2014). During a same fishing trip, a

boat can operate several métiers targeting different species, including pelagic species with

pelagic gears.

The UK fleet operating in the Channel (using the associated gear codes) is made up of 261

vessels.

36

2) Composition of the catches, landings and discards.

According to the NWW Discard Atlas, TR2 are the main gear for the Nephrops fishery. The

Nephrops fishery in the Celtic Sea is relatively small when compared with other areas, such

as the Irish or the North Sea. This fishery has higher discard rates than the TR1, and the

main discarded species are roundfish species: cod (49%), haddock (47%), plaice (38%) and

whiting (33%). Spanish TR2 fishery has the same discard pattern of the other countries, with

discard rates for haddock (92), hake (65%) ling (62%) (Table 3.1-9). The drivers to discard

these species are quota restrictions and undersized fish. Nephrops discards estimates were

only available for 2012, and although the discards of this species are known to be low, STECF

data showed high discard rates, mainly derived from the Irish TR2 fleet. These estimations

were classified as erroneous and removed from the tables presented in this atlas (Catchpole

and Ribeiro Santos, 2014).

For the French fishery, the main cause of discards for whiting in the Channel (and the North

Sea) in the TR2 fishery is the minimum landing size (70% of the whiting discards in weight;

Fig 5 and 6). A small portion of discards of whiting is due to market constraints (~20 %).

Fig 5. Length structure of whiting landings and discards of French bottom trawlers equal or larger than 18 m and targeting demersal species in the Eastern Channel and the south of the North Sea in 2013 (Cornou et al. 2014). 77% of the whiting discard (in number) were undersized

37

Fig 6. Length structure of whiting landings and discards for French bottom trawlers smaller than 18 m and targeting demersal species in the West of the Eastern Channel and the south of the North Sea in 2013 (Cornou et al. 2014).

3) Sorting and handling of the catches

Sorting and handling of the catches are variable according to the size of the boats. For the

smallest ones (< 12 m), the sorting is generally done at the back of the vessel and the

catches are stored directly on the desk in fish boxes. For medium vessels (12 - 18 m),

catches are often sort at the back of the deck and stored in a refrigerated hold. The largest

vessels (> 18 m) have often a conveyor to help the sorting of the catches. Sorting time

depends on the quantity of catches, and is on average 30 min. Unwanted catches are

discarded during the sorting process. Due to the age of the boats (> 20 years in average) and

the costs of the adaptation, modification and improvement of the handling process are

often difficult despite several attempts.

III Current management measures of the fleet

For the TR2 fleet, the cod management plan (regulation n°1342/2008) introduces 1) an

European Fishing Authorisation; 2) a capacity ceiling and 3) an effort regime by gear

category that, depending on CPUE, can penalize the increase of mesh size for TR2 to TR1

and globally limits flexibility for the fleets to change gear even if cod is only a bycatch. TR2

fleets are furthermore impacted by catch composition rule (technical measure regulation

n°850/98 and regulation n°2056/2001) that will be partly removed by the omnibus

regulation. Most of the TR2 fishery also operating in the North Sea keeps its regulatory

square mesh panel when operating in the Channel, especially to avoid juveniles of pelagic

species (horse mackerel amongst others).

38

For the whiting in 4-7d, a management plan was agreed by EU and Norway in 2014 based on

an adjusted target F of 0.15. ICES evaluated this harvest control rule (ICES, 2013d) and

considered it as precautionary

Minimal landing size of whiting is 27 cm in the Channel.

IV Recent works on selectivity measures

Several studies have been conducted since the 2000s on the selectivity measures for the

TR2 fishery in the Channel and the North Sea (SELECAB6, SELECFISH7, SELECMER8, FMC-NS9,

SAUPLIMOR; See Annex 1 (Vogel et al. 2015) for more details). Square mesh cylinder,

articulated rigid grid and semi rigid grid have notably been tested to improve the overall

selectivity of this fishery, including demersal and pelagic species. These exercises were really

difficult because of the mix nature of this fishery. Indeed, results were always mixed, the

decreasing of discards for one or more species (which do not save any money) leading to

severe economic impacts on the others species caught (Table 2). For example, a decrease of

56% of the discards with articulated rigid grid and square mesh cylinder is accompanied by a

commercial loss about 36% (vessels ≥ 18m). Moreover, some of the selective devices tested

were particularly difficult to install and handle by the crew (articulate grid). No selective

devices were then regulatory adopted by the TR2 fishery in the Channel, even if most of the

TR2 fishery operating in the North Sea keeps its regulatory square mesh panel when

operating in the Channel.

6 http://wwz.ifremer.fr/manchemerdunord/Unite-Halieutique/Halieutique-Boulogne-sur-Mer/Axes-de-

recherche/Dynamique-des-pecheries/Projets-de-recherche-associes/SELECCAB ; http://wwz.ifremer.fr/manchemerdunord/content/download/41271/562568/file/SELECCAB-Hauturiers.pdf ; http://wwz.ifremer.fr/manchemerdunord/content/download/41270/562557/file/SELECCAB-Artisans.pdf 7 http://wwz.ifremer.fr/peche/Projets/Selecfish2 ; https://www.youtube.com/watch?v=KDm9yJDziPs

8 http://archimer.ifremer.fr/doc/2009/rapport-6776.pdf

9 http://archimer.ifremer.fr/doc/2001/rapport-3463.pdf

39

Table 2 Examples of selective measures studied since the beginning of the 2000s

The application of the landing obligation will certainly lead to a new reflexion on the use of

the selective devices previously tested, notably according to the species that the vessels will

have to land. The losses of commercial catches will have to be compared to the costs of the

handling of the unwanted catches / ability to continue to fish for a vessel fill range of quota

species. This comparison is extremely difficult to project on the light of the change in the

regulation that will occur January 1st, 2016, in the context of the landing obligation and

absence of clarity on how additional species will be added to the landing obligation in

coming years. This aspect is a part of what led to develop the French project EODE10. This

study is currently ongoing in the North Sea and the Eastern Channel with the objectives to

look at the adaptation of the fishing strategy of two TR2 vessels (< and > 18 m) in front of

the landing obligation, and the impact of the LO onboard and inland. During the trials

(2 weeks per month between October 2014 and September 2015), the vessels are in the

situation of full or half-full landing obligation, and have to adapt their behaviour according

to the species they want to avoid. The selective devices previously tested in the selectivity

10

http://www.comite-peches.fr/wp-content/uploads/Plaquette_EODE.pdf

Bottom trawlers < 18 m using TR2 Bottom trawlers ≥ 18 m using TR2

Unwanted catches

Wanted catches (commercial catches)

Unwanted catches

Wanted catches (commercial catches)

Square mesh cylinder

(80 mm ; 2 m long)

-59 % of whiting

-29 % à -35 %

flatfishes

Minimal loss for whiting and cuttlefish;

-14 % of squids;

- 8 % to -22% of flatfishes

-22 % of discards

(all species)

-16 % revenue

(all species)

Semi rigid grid (23 mm) + Square mesh panel

(60 mm ; 1 m long)

-21 % of discards

(all species)

-31 % revenue

(all species)

-56 % of discards

(all species)

-36 % revenue

(all species)

Articulated rigid grid. (30 mm) + Square mesh cylinder

(80 mm ; 2 m long)

-78 % of discards

(all species)

-35 % revenue

(all species)

_ _ _ _ _ _

Articulated rigid grid

(30 mm)

_ _ _ __ _ -67 % of whiting

-49 % of plaice

-49 % of whiting

-18 % of plaice

40

studies are at their disposition. Moreover, the vessels will test new selective devices: T90

codend trawl (80-90 mm), which shows interesting results for gadoids in the Celtic Sea; but

also a 90 mm and 100 mm trawl, which are actually repulsive because of the loss of effort in

the frame of the Cod plan. Preliminary results should be available by the end of 2015.

Finally, a new French selective study is under development by some Regional Fishing

Committees in collaboration with Producers Organisations for the TR1 and the TR2 fisheries

in the Western and the Eastern Channel. The beginning of this study is hoped for the fourth

trimester of 2015, and will involve boats of different sizes (< and > 18 m), for preliminary

results planned in the beginning of 2017.

V Disproportionate costs of handling unwanted catches

Few studies have previously studied what will be the economic impact of a landing

obligation, especially regarding what the CFP called the "disproportionate costs" (Buisman

et al. 2013, Condie et al. 2013a and b, Poseidon, 2013; See Annex 2 (Macher et al., 2015 ) for

more details). It is important to notice that several scientific projects (EODE, CELSELEC,

REDRESSE11, local studies in the Channel for France) are currently ongoing for the mixed

fishery, which will try to assess the economic impacts of the landing obligation at vessel and

fleet levels. European "H2020" research projects (DiscardLess12; MINOUW13) should also

bring some elements on these subjects in several years.

Apart from that, general observations can emphasize the fact that the landing obligation will

result in many additional costs for the fishers (as underlined by the Commission staff

working paper, 201114), but also for Fishing Producers and harbour operators. These costs

will prove most certainly disproportionate compared to the valorisation which could be

made of the unwanted catches to be landed.

- The TR2 fishery in the Channel is a mixed fishery financially depending on several

species (gadoids, cephalopods, pelagic species, which are often spatially and temporally

associated related), operating long fishing trips (~3 days in average, up to 7 days) at

considerable distance from home harbours (more than 1000 km return);

- The sorting and storing of the unwanted catches will increase the time of the labour by

fishing operation, thus increasing the cost when the value of the catches sorted decrease,

with economic impacts on the whole fishing trip;

11

http://www.aglia.org/sites/aglia.org/files/projets-pdf/La%20s%C3%A9lectivit%C3%A9%20en%20action.pdf 12

http://wwz.ifremer.fr/emh/content/download/83625/1046566/file/DiscardLess.pdf 13

http://www.helsinki.fi/science/fem/projects.html#minouw 14

http://ec.europa.eu/fisheries/reform/sec_2011_891_en.pdf

41

- Vessels have a legally limited capacity of storage, which may be affected by the need to

store unwanted catches at the expense of targeted and commercial catches;

- Companies which can enhance the economic value of unwanted catches are still rare for

many MS, resulting in additional costs related to the logistics of collecting these

unwanted catches. Their onshore processing will be even more problematic, because

landings of unwanted catches will not be regular in terms of quantity and quality and

very scattered along landing points ;

- Development of new market for unwanted catches will take several years before being

economically effective; it will not be reasonably possible before January 1st, 2016

Several of these aspects have been identified amongst others in the English Discard Ban Trial

(Catchpole et al. 2014).

In the United Kingdom a recent report produced by Seafish examined the potential for using

discard fish15. The feasibility study surveyed nine main outlets in the UK interested in

utilising discards as raw materials to process into animal, pet and aqua feed; compost and

organic fertilizer; frozen bait; and other products such as renewable energy generation.

Most outlets stated they accepted raw material in all formats including whole fish,

trimmings, ensiled or fresh, and that the majority already had sufficient processing capacity

to receive discards. They also suggested that fishmeal processors would be willing to pay

~£125 per tonne of material supplied. Ensiling and digestion would cost between £30 and

£64 per tonne excluding onshore transport costs. Only two processors indicated that they

may be willing to develop local solutions e.g. plants as most suggested they had sufficient

processing capacity at current sites to handle potential discards.

Estimates of discard quantities from English fleets, based on data from scientific observers,

showed that most of the commercial outlets were not located close to the main landing

ports where the discards would be likely come ashore but that infrastructure could be

developed over time. In the short term however there were uncertainties about the

quantities of discards that may be available.

The report also highlighted the costs that vessels may face in bringing unwanted material

ashore and accessing these disposal routes. The costs per vessel metier vary significantly but

also the design of each vessel would be critical.

15

http://www.seafish.org/media/publications/SR661_Utilising_Discards_bulk_uses.pdf

42

In addition to the findings of the report, discussion between industry and UK government

have noted that the gradual phasing in of the landing obligation over a period of years

prevents fishermen / bulk use processors from developing the necessary cost efficiencies

into any management system. This means that the act of disposal, mainly due to the storage

and transport costs, remains prohibitively expensive in the short term and that those

potentially willing to invest wanted to wait before committing investment.

Hereafter are some examples of economic elements to take in account in the potential costs

associated to the landing obligation (data from French Fisher Organisations).

Profits based on price of fish for meal : from 20€/ton to 60€/ton ;

Distance from landing ports to the factory : from 2 to more than 500 km;

Cost of transport : 0,30 €/ton/km or 280€/ton;

Cost of icing of 10 to 50€/ton

Cost of storage: ~ 40 €/ton/day ; …

VI Conclusion

According to the fact that:

- The TR2 fishery using bottom trawls < 100 mm in the Channel is a mixed fishery

financially depending on several species, operating long fishing trips (~3 days in average,

up to 7 days) at considerable distance from home harbours (up km 1 000 km);

- A substantial proportion of the current whiting catch is discarded. Reducing the

unwanted catch may take several years in the context of the landing obligation. An

exemption of 7% will help the fishermen to adapt their fishing activity because improving

selectivity as required by the new CFP is no trivial;

- Selectivity efforts for this fishery must be addressed under the new angle of the landing

obligation, in a regulatory context that should be deeply modified in the coming years.

The EODE project as well as H2020 Discardless will give precious information on the way

the landing obligation can be dealt by the fishermen.

- De minimis exemptions can provide the flexibility to the fishermen to adapt their

behaviour to such new regulation frame, particularly during the first years of the landing

obligation implementation.

A de minimis exemption of 7% is requested for whiting for the fishery using bottom trawls

< 100 mm (OTB, OTT, PTB, DNS, XXX).

43

Reference

Brabant J.C., Delpech J.P., Dufour J.L., Garren F., 2001. Essais d’un chalut avec fenêtre à

mailles carrées en mer du Nord. Rapport de contrat. Boulogne-sur-Mer, CRPMEM Nord-

Pas-de-Calais/Picardie : 1-20

Buisman, E., Van Oostenbrugge, H., & Beukers, R. 2013. Economische effecten van een

aanlandplicht voor de Nederlandse visserij.LEI-rapport 2013-062. ISBN/EAN : 978-90-8615-

657-3. 48 pp.

Catchpole, T., S. Elliott, D. Peach, S. Mangi (2014). Final Report: The English Discard Ban

Trial, Cefas report, pp65.

Catchpole, T., Ribeiro Santos, A. 2014. Discard Atlas of the North Western Waters Demersal

Fisheries. CEFAS, England, 118 pp.

Condie, H. M., Catchpole, T. L., & Grant, A. (2013a). The short-term impacts of implementing

catchs quotas and a discard ban on English North Sea otter trawlers. ICES Journal of

Marine Science, doi:10.1093/icesjms/fst187. pp. 1-11.

Condie, H. M., Grant, A., & Catchpole, T. L. (2013b). Does banning discards in an otter

trawler fischery create incentives for more selective fishing? Fisheries Research (148), pp.

137 - 146.

Cornou Anne-Sophie, Dimeet Joel, Tetard Alain, Gaudou Olivier, Quinio-Scavinner Marion,

Fauconnet Laurence, Dube Benoit, Rochet Marie-Joelle (2014). Observations à bord des

navires de pêche professionnelle. Bilan de l'échantillonnage 2013.

http://dx.doi.org/10.13155/35856

44

Leonardi S., Rubin A., Meillat M., Coppin F., Delpech J-P., Morandeau F., Larnaud P., 2009.

Selecmer – Amélioration de la sélectivité des chalutiers – Pêcheries multispécifiques

Manche – Mer du Nord, 66+62pp.

Mortreux S., Minet J.P., Brabant J.C., 2001. Sauvegarde des juvéniles de plie et de morue

dans le détroit du Pas-de-Calais. Rapport de synthèse – TMSI/TP N°01-019 : 1-62.

Poseidon Aquatic Resource Management Ltd. (2013). A case study review of the potential

economic implications of the proposed CFP landings obligation. 55 pp.

Viera A., Meillat M., Coppin F., Delpech J-P., Morandeau F., Le Garrec A., Gamblin C. 2010.

Amélioration de la sélectivité des chalutiers artisanaux et hauturiers travaillant en

Manche –Mer du Nord de façon à limiter les captures de Cabillaud. Deux rapports :

http://wwz.ifremer.fr/manchemerdunord/Unite-Halieutique/Halieutique-Boulogne-sur-

Mer/Axes-de-recherche/Dynamique-des-pecheries/Projets-de-recherche-

associes/SELECCAB

Weiller Y., Reecht Y., Vermard Y., Coppin F., Delpech J-P., Morandeau F., 2014. SELECFISH –

Amélioration de la sélectivité des chalutiers artisanaux travaillant en Manche - Mer du

Nord afin de limiter leurs rejets, 82 + 44pp.

45

Annex 1: Sélectivité des chaluts de fond langoustiniers et démersaux : Etat des lieux et

perspectives

Annex 2: Analyse de l'impact économique de la mise en place de l'obligation de débarquement

pour les chalutiers de fond : amélioration de la sélectivité, traitement des captures indésirées.

46

(iii) De minimis exemption request for the vessels using bottom trawls ≥ 100 mm in the

Celtic Sea and the Channel (ICES areas VIIb-j).

In the context of the landing obligation for the demersal fisheries in the North Western

Waters, a de minimis exemption of 7% is requested for the whiting (Merlangius merlangus)

for the fishery using bottom trawl gears with a mesh size equal or larger to 100 mm (gear

codes : OTB, SSC, OTT, PTB, SDN, SPR, TBN, TBS, TB, SX, SV ) to target gadoids in the Celtic

Sea (VIIbcfghij) and the Channel (VIIde) for 2016. This exemption could be modified and

completed by new elements in the near future according to the species subject to the

landing obligation in this fishery in 2017 and 2018.

I. Definition of the species and the stocks

The exemption covered the Celtic Sea and the Channel as the fishery in question operates in

both sub-regions.

Whiting (7b, c e-k)16: For 2015, ICES advises based on the MSY approach that catches in

2015 should be no more than 18 501 tonnes. If discard rates do not change from the

average of the last three years this implies landings of no more than 14 230 tonnes. Discard

rate is estimated ≈ 17% in 2013 (2.5kt / 14.3kt). The stock status shows a stock harvested

sustainably. SBB increased from 2008 and has been decreasing since 2011, but remains well

above MSY Btrigger. Fishing mortality has shown a declining trend since 2007 and has been

below the FMSY proxy since 2011. Recruitment between 2010 and 2012 was below average

whereas the 2013 year class is estimated to be the second highest in the series. MSY is

reached, and the stock is within safe biological limits.

Whiting (4 - 7d)17: For 2015, ICES advises on the basis of the EU–Norway management plan

that total catches should be no more than 28 317 tons. If rates of discards and industrial

bycatch do not change from the average of the last three years (2011–2013), this implies

human consumption landings of no more than 17 190 tons (13 678 tonnes in the North Sea

and 3512 tonnes in Division VIId). Management for Division VIId should be separated from

the rest of Subarea VII. The stock statuses show a stock for which FMSY, Btrigger and safe

biological limits are undefined. The spawning-stock biomass (SBB) has declined in recent

years and is close to the minimum value of the time-series, while fishing mortality has been

declining over most of the time-series. The average level of recruitment has been low since

2003.

16

http://www.ices.dk/sites/pub/Publication%20Reports/Advice/2014/2014/whg-7e-k.pdf 17

http://www.ices.dk/sites/pub/Publication%20Reports/Advice/2014/2014/whg-47d.pdf

47

II Definition of the management unit

1) Characteristics of the fishery and its activity

The NWW Discard Atlas (Catchpole and Ribeiro Santos, 2014) reports that "the TR1 fishery is

the predominant fishery in the Celtic Sea (including VIIe, excluding VIId), with the highest

fishing effort, accounting for 23% of the total effort (STECF 2013). It has a widespread

distribution in the whole area, but most of the effort is exerted in ICES VII e, g and h (Fig 1).

The countries that contributed with most effort were France, Spain, Ireland and UK

(England). The TR1 fishery is characterized to be a mixed fishery, mainly targeting ‘gadoid’

species, such as haddock (Melanogrammus aeglefinus), cod (Gadus morhua) and whiting

(Merlangus merlangus) as well as anglerfishes and megrims. There is an important TR1

mixed fishery in ICES VIIj-k, mainly operated by Irish and Spanish vessels and targeting

anglerfishes (Lophius spp), megrims (Lepidorhombus whiffiagonis), hake (Merluccius

merluccius), haddock and whiting."

Fig 1. Distribution of Celtic Sea international fishing effort of TR1 fishery, in fishing hours, between 2010 and

2012. Source: STECF, 2013

The example of the French fishery shows that the vessels concerned are distributed in

approximately 45 harbours, from Bayonne (extreme south of the French Atlantic coast) to

Boulogne (extreme North of the French Channel coast) with the main ports located in

Brittany (Le Guilvinec, Paimpol, St Brieuc).. The size of the vessels ranges from 18 m to 38 m,

with an average of 24 m. The vessels of this fishery use mainly bottom otter-trawl, but can

also use otter twin trawls and paired trawls. The mesh-size used is 100 mm (2014 ObsMer

report; Cornou et al. 2014), with a square mash panel of 120 mm in the codend since 2015

(100 mm before). The fishing operations occur in depth ranging from 80 to 250 m. They last

between 2 and 4 hours. Fishing trips duration are variable depending of the seasons and of

the weather forecast, from 5 to 15 days (~13 days in average, compared to 4-9 days for Irish

fishery). During a same fishing trip, a boat can operate several métiers targeting gadoids

(haddock, cod, whiting), Nephrops, anglerfish, megrim, but also non-quota species as

cephalopods. These species are often spatially and temporally associated.

48

The UK TR1 fishery (114 vessels work the Channel and 37 in the Celtic Sea) shows that the

vessels concerned are registered throughout the whole of the Channel , from Newlyn

(extreme west) to Ramsgate (extreme East coast) with the main ports by way of vessel

numbers located in Newlyn, Plymouth and Brixton. The size of the vessels ranges from

under 10 m to approx. 30 m. The vessels of this fishery use mainly bottom otter-trawl, but

can also use otter twin trawls and paired trawls. The mesh-size used is typically 100 mm and

above with a square mash panel of 120 mm in the codend since 2015 (100 mm before). The

fishing operations have a similar pattern to those of French vessels and are variable

depending on the vessel, the seasons and of the weather forecast. During a same fishing

trip, a vessel is likely to also catch anglerfish, megrim, other gadoids but also significant

quantities of highly valuable non-quota species as cephalopods. These species are often

spatially and temporally associated with vessels considering themselves to be part of an

ultra-mixed fishery rather than having a single species focus.

2) Composition of the catches, landings and discards.

The NWW discard indicates that "the main discarded species by TR1 are haddock, cod18 and

whiting with 44%, 27% and 20% of discard rate of the average total catches between 2010

and 2012, respectively (Catchpole and Ribeiro Santos, 2014)".

The NWW discard atlas show that the whiting represents approximately 15% of the 10 main

species landings of the TR1 fisheries by year (average 2010 - 2012; Table 1). It considers that

20% of the whiting catches are discarded in average, which may vary according to the MS

(28% (CI [15; 42]) of the whiting caught were discarded in the French fleet in 2013 (Cornou

et al. 2014)). Discards of whiting in this fishery are mainly due to because of market

constraints and minimal legal size.

18

The discard rate for cod increased between 2010 and 2012 resultant of the quota restrictions in the mixed fisheries and recruitment variability (Catchpole and Ribeiro Santos, 2014).

49

Table 1. Celtic Sea (ICES Divisions VII b, c, e, f, g, h, j, k) demersal fisheries: landings (t) and discards

(t) per gear, species and year; table sorted in descending order on the average catch 2010-2012, top

10 species per gear. Only for average total catch equal or greater than 20 t.

III Current technical measures applying to the fleet

Since the beginning of the 2000’s, vessels use 100 mm diamond mesh size in codend, in

order to respect catch composition rules. In order to protect juvenile of whiting, but also

haddock and cod, the fleet implement a 100 mm square mesh panel in 2012 (Reg (CE)

n°737/201219). In 2015, mesh size of the square mesh panel was increased to 120 mm in

VIIfgj (applicable to the French fleet since 2015 January, 1st20 and to be extend to all fleet by

a European regulation during 2015), and it is expected a reduction of discard of about 25%

of all Gadoids21. Minimal landing size of whiting is 27 cm.

At MS level, fishing capacity for the French fleet using bottom trawls ≥ 100 mm is limited by

two national authorisation regimes (in KW): one to access the area VIIfg22 and the other to

land more than 15 tonnes of monkfish by year23.

19

COMMISSION IMPLEMENTING REGULATION (EU) No 737/2012 of 14 August 2012 on the protection of certain stocks in the Celtic Sea 20

Arrêté du 4 novembre 2014 portant définition de mesures techniques dans les zones CIEM VII f, VII g et à une partie de la zone CIEM VII j (au nord de 50° nord et à l’est de 11° ouest) 21

CSTEP, 2014. European Commission Request for services - Celtic Sea

. Plenary meeting (PLEN 14-03). Working document 22

Arrêté du 22 juillet 2009 portant création d’une licence nationale dans la zone Cabillaud mer Celtique (zones CIEM VII f et VII g)

23 Arrêté du 22 juillet 2009 réglementant la pêche professionnelle de la baudroie en zone CIEM VII

50

IV Recent works on selectivity measures

Numerous efforts on selectivity has been recently done by the fishery concerned by this

exemption request these last years.

Square mesh panel 120 mm (Annex 1)

In October 2011, the North Western Waters Regional Advisory Council (NWWRAC) issued

advice that the current technical measures in the Celtic Sea should be improved to reduce

discards, especially of haddock and whiting, by requiring the use of an appropriately

positioned square-meshed panel of a specified size depending on the gear type and engine

power of the vessel.

In this context, STECF have undertaken an ad-hoc contract to examine the impact of

potential recruitment events in the Celtic Sea and to consider the impact on cod, haddock

and whiting catches that would result from particular selectivity changes based on current

Union and national measures and also taking account recent recommendations from the

industry of strengthening these measures. In background documents24 preparing the STECF

Plenary meeting 14-03, two scenarios were analysed : A) 120mm square mesh panel for TR1

and TR2 in all areas ; B) 120mm cod-end for vessels not targeting Nephrops (this was

interpreted as the TR1 fleet). Amongst other findings, the proposed technical measures are

expected to lead to a reduction in discards. Because ICES gives catch advice for haddock and

whiting, a reduction in the proportion of discards implies an increase in the landings advice.

For whiting, the current proportion of discards is 23%, which is expected to be reduced to

17% for both scenarios. This would result in increased landings of 6%. These increases in

landings advice should compensate some of the cost of the reduction in CPUE due to the

introduction of technical measures. One of the main conclusions of STECF Plenary meeting

14-03 was that "Increasing the mesh size in this 9-12m panel to 120 mm for all TR1 fisheries

over the entire fishing area (both east and west of 8 degrees West) would reduce to some

extent the “choke” effect of the haddock stock for the fishery but the most effective

proposed measure would be the use of 120mm diamond cod end (DMC120mm). A fairly

basic analysis of the financial implications of the various options was carried out and losses

implied by the reduced landings were considered fairly moderate (10% or less for the most

selective measure)."

24

https://stecf.jrc.ec.europa.eu/plen1403

51

Following the STECF advice, the French ministry of Ecology, Sustainable Development and

Energy adopted in November 4th, 2014, a ministerial ruling25 ordering the change of the

mesh size of the regulatory square mesh panel from 100 m to 120 mm for the French TR1

and TR2 fishery. Moreover, the use of the 120 SMP in Irish TR1 and TR2 fisheries was

incentivised by means of quota uplifts from September 2014.

A statement from December fishery council indicates that this improvement in the

selectivity must be extended to all fleet in 2015. The impact of this regulation at the fleet

level will be known in 2016; no results are yet available.

On-going French Selectivity Experiments : CELSELEC

A French study to improve selectivity for trawlers in Celtic Sea is running since June 2014

(CELSELEC; Annex X). Selective devices are tested by vessel in commercial conditions for 12

months. Eight vessels targeting benthic species, gadoids or Nephrops in Celtic Sea and

Western Channel are involved in the scientific program. According to a protocol from

Ifremer, observers sample catches on board at a frequency of one trip by trimester for each

vessel. The use of twin trawls allows a direct comparison in the catches composition

between a standard and the trawl equipped with the selective device.

Three main selective devices are being tested:

T90 mesh in codend : netting turned to 90 degrees

25

Arrêté du 4 novembre 2014 portant définition de mesures techniques dans les zones CIEM VII f, VII g et à une partie de la zone CIEM VII j (au nord de 50° nord et à l’est de 11° ouest)

10

Gorget

Vue latérale « chalut sélectif T90 »

(équivalence : de l’ordre de 13 mailles T90 pour 10 mailles losange en longueur)

Rallonge 130 mailles en T90 fil simple 5mm

Jauge 100mm

Fond de cul 65 mailles

en T90 double 4mm Jauge 100mm

Panneau à mailles carrées

réglementaire

9m du raban de cul (au maximum)

130 mailles tournées en T90

(simple 5mm)

33 mailles libres

en T90

33 mailles libres

en T90

Vue de dessus

54 mailles carrées en longueur

4 mailles T90 en largeur

65 mailles tournées en T90 (double 4mm)

25 mailles carrées

en largeur

52

100 mm square mesh cylinder

Sorting grid for anglerfish

The study is not finished yet. Nevertheless, preliminary results show an important

improvement of the selectivity, especially for the T90 for which discards are reduced by 65%

in average. Escapement seems very high for haddock juveniles, whiting, horse mackerel, and

boarfish (Fig 2). The final results are waited between the end of 2015 and the beginning of

2016.

15

Fiche technique : cylindre à mailles carrées 60mm de côté en PE 4mm

Projet Sélectivité Mer Celtique 2014

Armement LA HOULE : navire LE JUSANT (898456) (chaluts jumeaux) Le cylindre en mailles carrées est une extension du panneau à mailles carrées réglementaire dans les zones Ciem VII F G et H (voir réglementation ci-dessous). Position du cylindre à mailles carrées : Le cylindre est monté dans la rallonge du chalut (partie droite). Le cylindre sera positionné dans la partie antérieure du panneau à mailles carrées. Le cylindre à mailles carrées : Il s'agit du regroupement de deux panneaux à mailles carrées de 60 mm de côté en PE 4mm

dessus et dessous, qui forment un cylindre, reliés par une bande latérale de chaque côté

réalisée par la couture de 6 mailles au minimum. Ce cylindre comprend 50 mailles en

longueur et 50 côtés de mailles au périmètre hors mailles de couture. Le maillage est en

mailles carrées avec un fil de 4 mm de diamètre au maximum.

Le taux d'assemblage entre les mailles losanges et les côtés de mailles du cylindre est de une maille carrée pour deux mailles losanges.

Vue latérale

Cylindre à mailles carrées de 60mm de côté

diamètre de fil 4mm

Panneau à mailles carrées

réglementaire

Situé à 9 mètres du raban de cul au maximum

100 mailles simples PE 4 mm

50 mailles doubles PE 4mm

50cm

15,5 m environ

20

Grille à lotte En demi-ellipse

Projet Sélectivité Mer Celtique 2014

Navires BARA MANN (642970), LA PEROUSE (922678), AN TRISKELL II (730412) et MEN BRIAL (555235) – Navires équipés de chaluts jumeaux.

Position de la grille à lottes : La grille à lottes sera positionnée juste avant le panneau à mailles carrées réglementaire. Une nappe anti-retour en petit maillage permettra aux petites lottes qui auront traversé la grille de ne pas retourner dans le chalut.

Vue latérale « chalut avec grille à lottes »

Gorget

Rallonge 100 mailles 100mm

Situé à 9 m maximum du raban de cul

(9m au maximum)

Panneau à mailles carrées

réglementaire

Fond de cul 50 mailles 100mm

Grille à lottes angle 45°

Nappe anti-retour

22

Schéma grille à lottes type 2

53

Fig 2. Preliminary comparison of whiting discards in weight between standard and T90

trawl trials.

Ongoing Irish Selectivity Experiments : BIM trials

BIM in Ireland have been conducting trials with 120mm SMP and 120mm cod-ends in 2014

in the Celtic Sea. Further trials are planned in 2015 to investigate the optimum placement of

the SMP in relation to the cod-end with the specific objective of minimising the catches of

small whiting and haddock.

Selectivity should efficiently improve these next years thanks to the numerous efforts

recently done by the TR1 fishery in the Celtic Sea and in the Channel. These efforts

underline the will to reduce their unwanted catches. Nevertheless, time will be needed to

evaluate the effective results of the selective measure recently adopted (SMP 120 mm) and

the ones which will probably follow the selectivity projects at the fleet level.

V Disproportionate costs of handling unwanted catches

Few studies have previously studied what will be the economic impact of a landing

obligation, especially regarding what the CFP called the "disproportionate costs" (Buisman

et al. 2013, Condie et al. 2013a and b, Poseidon, 2013; See Annex 2 (Macher et al., 2015 ) for

more details). It is important to notice that several scientific projects (EODE26, CELSELEC,

26

http://www.comite-peches.fr/wp-content/uploads/Plaquette_EODE.pdf

WHGD

isca

rds (

Kg)

0

5

10

15

20

25

Standard T90

54

REDRESSE27, local studies in the Channel) are currently ongoing for the mixed fishery in

France, which will try to assess the economic impacts of the landing obligation at vessel and

fleet levels. European "H2020" research projects (DiscardLess28; MINOUW29) should also

bring some elements on these subjects in several years.

Apart from that, general observations can emphasize the fact that the landing obligation will

result in many additional costs for the fishers (as underlined by the Commission staff

working paper, 201130), but also for Producers Organisations and harbour operators. These

costs will prove most certainly disproportionate compared to the valorisation which could

be made of the unwanted catches to be landed.

1. The fishery using bottom trawls ≥ 100 mm in the Celtic Sea and the Channel is a

mixed fishery financially depending on several species (whiting, haddock, cod,

anglerfishes, megrims, Nephrops, cephalopods, which are often spatially and

temporally associated related). French vessels have long fishing trips (~13 days in

average for the French fleet) at considerable distance from home harbours (up to

2 000 km return). Irish vessels tend to have trip durations around 4-9 days mainly;

2. The sorting and storing of the unwanted catches will increase the time of the labour

by fishing operation, thus increasing the cost when the value of the catches sorted

decrease, with economic impacts on the whole fishing trip;

3. Vessels have a legally limited capacity of storage, which may be affected by the

need to store unwanted catches at the expense of targeted and commercial catches;

4. Companies which can enhance the economic value of unwanted catches are still

rare in France and Ireland, resulting in additional costs related to the logistics of

collecting these unwanted catches. Their onshore processing will be even more

problematic, because landings of unwanted catches will not be regular in terms of

quantity and quality and very scattered along landing points ;

5. Development of new market for unwanted catches will take several years before

being economically effective; it will not be reasonably possible before January 1st,

2016

27

http://www.aglia.org/sites/aglia.org/files/projets-pdf/La%20s%C3%A9lectivit%C3%A9%20en%20action.pdf 28

http://wwz.ifremer.fr/emh/content/download/83625/1046566/file/DiscardLess.pdf 29

http://www.helsinki.fi/science/fem/projects.html#minouw 30

http://ec.europa.eu/fisheries/reform/sec_2011_891_en.pdf

55

Several of these aspects have been identified amongst others in the English Discard Ban Trial

(Catchpole et al. 2014).

In the United Kingdom a recent report produced by Seafish examined the potential for using

discard fish31. The feasibility study surveyed nine main outlets in the UK interested in

utilising discards as raw materials to process into animal, pet and aqua feed; compost and

organic fertilizer; frozen bait; and other products such as renewable energy generation.

Most outlets stated they accepted raw material in all formats including whole fish,

trimmings, ensiled or fresh, and that the majority already had sufficient processing capacity

to receive discards. They also suggested that fishmeal processors would be willing to pay

~£125 per tonne of material supplied. Ensiling and digestion would cost between £30 and

£64 per tonne excluding onshore transport costs. Only two processors indicated that they

may be willing to develop local solutions e.g. plants as most suggested they had sufficient

processing capacity at current sites to handle potential discards.

Estimates of discard quantities from English fleets, based on data from scientific observers,

showed that most of the commercial outlets were not located close to the main landing

ports where the discards would be likely come ashore but that infrastructure could be

developed over time. In the short term however there were uncertainties about the

quantities of discards that may be available.

The report also highlighted the costs that vessels may face in bringing unwanted material

ashore and accessing these disposal routes. The costs per vessel metier vary significantly but

also the design of each vessel would be critical.

In addition to the findings of the report, discussion between industry and UK government

have noted that the gradual phasing in of the landing obligation over a period of years

prevents fishermen / bulk use processors from developing the necessary cost efficiencies

into any management system. This means that the act of disposal, mainly due to the storage

and transport costs, remains prohibitively expensive in the short term and that those

potentially willing to invest wanted to wait before committing investment.

Hereafter are some examples of economic elements to take in account in the potential costs

associated to the landing obligation (data from French Producers Organisations).

Profits based on price of fish for meal: from 20€/ton to 60€/ton ;

Distance from landing ports to the factory: from 2 to 450 km;

Cost of transport: from 0,30 to 0.50 €/ton/km, or 280€/ton;

Cost of icing: ~ 10€/ton

Cost of storage: ~ 40 €/ton/day; …

31

http://www.seafish.org/media/publications/SR661_Utilising_Discards_bulk_uses.pdf

56

VI Conclusion

According to the facts that:

- The fishery using bottom trawls ≥ 100 mm in the Celtic Sea and the Channel is a mixed

fishery financially depending on several species, operating long fishing trips at

considerable distance from home harbours;

- A substantial proportion of the current whiting catch is discarded. Reducing the

unwanted catch may take several years in the context of the landing obligation. An

exemption of 7% will help the fishermen to adapt their fishing activity because improving

selectivity as required by the new CFP is no trivial;

- Efforts to increase selectivity in the fishery are ongoing. The 120 mm square mesh size

panel has recently been introduced by Ireland and France and the results of further

experiments will be available soon (CELSELEC, BIM trials). The concrete results at the

scale of the fleet will be known in the coming years, even if the total elimination of

discards by selectivity measures remains optimistic;

- De minimis exemptions can provide the flexibility to the fishermen to adapt their

behaviour to such new regulation frame, particularly during the first years of the landing

obligation implementation.

A de minimis exemption of 7% for whiting is requested for the fishery using bottom trawl

gears with a mesh size equal or larger to 100 mm (gear codes : OTB, SSC, OTT, PTB, SDN,

SPR, TBN, TBS, TB, SX, SV ) in Celtic Sea and Channel.

57

References:

Arrêté du 4 novembre 2014 portant définition de mesures techniques dans les zones CIEM

VII f, VII g et à une partie de la zone CIEM VII j (au nord de 50° nord et à l’est de 11° ouest)

Buisman, E., Van Oostenbrugge, H., & Beukers, R. 2013. Economische effecten van een

aanlandplicht voor de Nederlandse visserij.LEI-rapport 2013-062. ISBN/EAN : 978-90-8615-

657-3. 48 pp.

Catchpole, T., Ribeiro Santos, A. 2014. Discard Atlas of the North Western Waters Demersal

Fisheries. CEFAS, England, 118 pp.

Catchpole, T., Mangi, S. 2012. Utilising discards not destined for human consumption in bulk uses. CEFAS, England, 51pp. Commission staff working paper. 2011 Impact assessment accompanying Commission

proposal for a Regulation of the European Parliament and of the Council on the Common

Fisheries Policy [repealing Regulation (EC) N° 2371/2002].

Condie, H. M., Catchpole, T. L., & Grant, A. (2013a). The short-term impacts of implementing

catchs quotas and a discard ban on English North Sea otter trawlers. ICES Journal of

Marine Science, doi:10.1093/icesjms/fst187. pp. 1-11.

Condie, H. M., Grant, A., & Catchpole, T. L. (2013b). Does banning discards in an otter

trawler fischery create incentives for more selective fishing? Fisheries Research (148), pp.

137 - 146.

Cornou Anne-Sophie, Dimeet Joel, Tetard Alain, Gaudou Olivier, Quinio-Scavinner Marion,

Fauconnet Laurence, Dube Benoit, Rochet Marie-Joelle (2015). Observations à bord des

navires de pêche professionnelle. Bilan de l'échantillonnage 2013.

http://dx.doi.org/10.13155/35856

Poseidon Aquatic Resource Management Ltd. (2013). A case study review of the potential

economic implications of the proposed CFP landings obligation. 55 pp.

58

Scientific, Technical and Economic Committee for Fisheries (STECF) – 47th Plenary Meeting

Report (PLEN-14-03). 2014. Publications Office of the European Union, Luxembourg, EUR

26944 EN, JRC 93037, 138 pp.

Scientific, Technical and Economic Committee for Fisheries (STECF) – European Commission

Request for services - Celtic Sea, XXX, 30 pp.

59

Annex 1: Square mesh panel 120 mm

Working document to STECF SG13-01 meeting

In October 2011, the North Western Waters Regional Advisory Council (NWWRAC) issued

advice that the current technical measures in the Celtic Sea should be improved to reduce

discards, especially of haddock and whiting, by requiring the use of an appropriately

positioned square-meshed panel of a specified size depending on the gear type and engine

power of the vessel. This advice was implemented in regulation EU Number 737/2012. The

European Commission has requested the STECF Plenary meeting 13-01 (8-12th of april

2013) to do get preliminary information of the efficiency of the square mesh panel

implemented in the Celtic Sea fisheries.

The conclusion of the STECF Plenary meeting 13-01 were that for both haddock and whiting,

the number of small fish in the catches (and discards) have been substantially reduced in the

second semester of 2012 in comparison to the previous years. However it was difficult to

draw firm conclusions on the full effect of the square mesh panel in this reduction. The

comparison with the EVHOE data was a first attempt to discriminate this change from the

change linked to the magnitude of the recruitment. But other factors have to be taken into

account to properly explain if the observed change in 2012 such as changes in fishing

strategy (fishing areas, vessels, fishing gears). More investigations are therefore needed and

more data needs to be available before concluding on the actual efficiency of the square

mesh panel.

During its Plenary meeting 14-03 (10-14 November 2014), STECF have undertaken an ad-hoc

contract to examine the impact of potential recruitment events in the Celtic Sea and to

consider the impact on cod, haddock and whiting catches that would result from particular

selectivity changes based on current Union and national measures and also taking account

recent recommendations from the industry of strengthening these measures. In this context

STECF are asked to consider the effectiveness of measures under Regulation (EU) 737/2012

and the proposal from the European Association of Producer Organisation's (EAPO) which

contains specific measures to increase the 120mm square mesh panel for the TR1 and TR2

fleet operating in areas west of 8 degrees. In addition, there are also national proposals to

apply the proposed increased increase in panel mesh size across the entire Celtic Sea.

Namely, EAPO proposals stipulate that French vessels would fit a square mesh panel of

increased mesh size in the entire area where regulation 737/2012 applies. However, this

remains to be adopted via national measures. STECF are also asked to consider the

implications of this measure.

60

STECF conclusions of its Plenary meeting 14-03 are presented hereafter

These different analyses provide a coherent picture of the situation of the Celtic Sea gadoid

fisheries in 2015 that can be broadly summarised as follows:

· The three gadoid stocks (cod, whiting and haddock) are largely associated across most of

the fishing area, and the possibilities for spatial decoupling are limited; therefore,

decoupling must primarily be envisaged through selectivity improvements.

· Fishing mortality is currently highest for haddock with regard to FMSY target, and the

required F reductions for this stock (-55%) make it the most limiting stock for the fishery in

2015 under current selectivity patterns;

· The Commission has proposed an equivalent 55% reduction of F2015 for cod, in order to

limit the risks of overquota catches of haddock in the mixed fishery. This would imply a

fishing mortality for cod well below FMSY, and significant amount of foregone yield.

Improved escapement of haddock (all ages) could reduce this “choke” effect to some

extent, and warrant the exploitation of the cod stock closer to its FMSY target.

· This situation of unbalance in the fishing opportunities for the various stocks is being

worsened by the perspective of large incoming recruitment. Anecdotal evidence is pointing

out towards a recruitment pulse in the 2013 year class of both cod and haddock, much

higher than the average recruitment levels currently assumed in the ICES advice. This year

class has already recruited in the haddock fishery at age 0 in 2013, and is now recruiting in

the cod fishery at age 1 in 2014. For both stocks, this year class will make a significant

contribution to the catches in 2015. Under the low TACs currently proposed for 2015, high

levels of discarding can be anticipated. High discarding may limit the future contribution of

these large year-classes to the SSB of both stocks.

· This situation will also create additional difficulties for the implementation of the landings

obligation in 2016.

· Consequently, the scientific advice for 2015 should be updated as soon as the latest survey

data are available, accounting for increased recruitment but assuming unchanged selectivity

61

patterns. The report of the ad-hoc contract has already provided catch options for a range

of possible recruitment scenarios, paving the way for a rapid update process.

· The gear currently used by TR1 fleets includes a 100mm SMP located 9-12 m ahead of the

codend, which itself has a minimum mesh size of 100mm. Increasing the mesh size in this 9-

12m panel to 120 mm for all TR1 fisheries over the entire fishing area (both east and west of

8 degrees West) would reduce to some extent the “choke” effect of the haddock stock for

the fishery but the most effective proposed measure would be the use of 120mm diamond

cod end (DMC120mm). A fairly basic analysis of the financial implications of the various

options was carried out and losses implied by the reduced landings were considered fairly

moderate (10% or less for the most selective measure).

· The additional gear trials undertaken by the UK provides additional information on a range

of alternative measures intended to improve selectivity of the fishery. According to these

trials, when accounting for the loss of marketable fish, and the changes in selectivity

towards haddock, the design incorporating a 100mm square-mesh panel in the code-end

(BACOMA) was the most effective design tested in the UK trials. A square mesh panel of

mesh size of 155mm in a position that is effective for releasing haddock near to the cod-end

resulted in the considerable loss of marketable fish.

· STECF notes that these results are not directly comparable to the selectivity simulations

presented in the ad-hoc contract. It would require translating the catch comparison data

provided into alternative selectivity ogives, and including them into the catch forecast

simulation, to allow for a full comparison. It was not possible to do this additional

comparison during STECF. Therefore, it is not possible to compare the effects of the 100

SMP in the cod end (BACOMA) presented in the UK trial with those of the 120mm diamond

cod end from the ad-hoc study.

· Major changes in selectivity will impact FMSY, and it might be necessary to update

reference points to avoid unintended increase of fishing mortality on the older ages if F on

the younger F decreases.

62

Annex 2: Analyse de l'impact économique de la mise en place de l'obligation de débarquement

pour les chalutiers de fond : amélioration de la sélectivité, traitement des captures indésirées

(Macher et al. 2015). PDF

63

(iv) De Minimis proposal for TR2 vessels targeting mixed demersal finfish in the Celtic

Sea

1. Request

A request for the maximum de-minimis exemption for Whiting caught in ICES Area VIIb-k

otter trawl fisheries based on technical difficulty in improving selectivity of whiting below

the MCRS (Minimum Conservation Reference Size) is sought. This is due to potential losses

on other target species in a highly complex multi-species fishery. Improvements in

selectivity using existing means such as increases in mesh size are considered unachievable

without significant economic impact. The percentage should be subject to review and

monitoring on an ongoing basis.

2. Introduction

The Irish TR2 fleet operating in the Celtic Sea can be broadly split into vessels primarily

targeting Nephrops and those targeting a broad mix of finfish species. TR2 vessels belonging

to the Nephrops metier are defined as those where Nephrops landings contribute greater

than or equal to 30% of the overall catch. This metier will be obliged to land all Nephrops

catches from 2016 onwards.

Based on landings from 2012 to 2014, overall 146 vessels are engaged in the TR2 fisheries in

the Celtic Sea. Of these, 88 vessels belong to the TR2 Nephrops metier, with the remaining

58 belonging to the TR2 mixed finfish metier (>25% gadoids). In addition up to 18 vessels

have been shown to have ≥ 30% Nephrops and ≥25% gadoids, meaning that these vessels

will be obliged to land all catches of Nephrops and whiting.

Currently, mesh sizes less than 100mm may be used provided that (i) Nephrops landings are

greater or equal to 30%/35% of the overall landings or (ii) provided that the catch

composition comprises of more than 70% of common sole, plaice, megrim, whiting, brill,

white Pollack, lemon sole, dogfish, witch, John dory, queen scallop, monkfish, rays, turbot

and grenadiers. The Irish TR2 mixed finifish metier target these species to varying degrees

(whilst maintaining the overall 70% threshold) and a number of other species including

Nephrops (<30%). There were 34 UK vessels operating TR2 gears in the Celtic Sea in 2013

landing a similarly broad range of commercial finfish species.

64

Figure 2-1 Relative contribution by weight and revenue of key TAC species for the Irish TR2 fleet operating in the Celtic Sea.

65

Figure 2-2. Comparison of the relative importance of Nephrops by weight (upper figure) and by value (lower panel) to Irish vessels operating in the Celtic Sea (2012-2014)

It is noted that for the majority of the TR2 fleet, Nephrops forms a very important

component of the overall revenue. Figure 2-2 shows that while Nephrops contributes a

moderate contribution overall landings (upper figure), albeit with a high degree of

variability, given the high unit value of Nephrops (ca. €5,000/tonne) relative to fish (ca.

€2,500/tonne) this species makes up a disproportionate amount of the overall revenue

(lower figure), this shows that for vessels where Nephrops catches constitute 25 and 35% of

the overall landing in weight, the significance of these landings in terms of revenue is much

66

higher representing 50-60% of the overall revenue associated with demersal fleets (all

gears) operating in the Celtic Sea.

Technical difficulties in improving selectivity

As noted by STECF (EWG 13-16), “the conditionality stipulated in article 15.2.c.ii:

“improvements in selectivity are considered to be very difficult” might firstly be interpreted

as a technical restriction in that the gears cannot be improved to become more selective.

EWG 13-16 considered that on purely technical grounds there were numerous ways in which

gears or spatial distribution of fishing could be used to avoid unwanted fish.

The basic problem for fishermen in relation to selectivity, however, is that any change in

fishing practices is likely to lead to a change in their economic performance, either by leading

to lower revenues and or increased costs. This is particularly the case when applying more

selective fishing gear to avoid by-catch. In several cases this may not only reduce unwanted

catches, but it may also reduce wanted by-catch. So it is more likely to be the economic

implications of improving selectivity (lower revenues and/or higher costs) rather than a

technical issue that leads to ‘difficulty’.”

EWG 13-16 considered “that the ‘current revenue to break even revenue ratio’ was

potentially an, betappropriate indicator to use in this scenario. The ratio shows how close

the current revenue of a vessel or fleet is to the revenue required for the to break even from

an economic point of view. If the ratio is greater than 1, then enough income is generated to

cover operational costs and therefore break-even. If the ratio is less than 1, insufficient

income is generated to cover operational costs and therefore the vessel or fleet is in a loss

making situation indicating that the segment is unprofitable. If the ratio is negative, variable

costs alone exceed current revenue, indicating that the more revenue is generated, the

greater the losses will be.”

A general lack of metier specific economic data as well as a lack of selectivity data for a

number of key species landed in the fishery makes the application of the proposed method

problematic. However, it can be anticipated that in order to reduce catches of whiting

<MCSR there will be some reductions in landings of a number of species (particularly

Nephrops, sole, lemon sole and megrim).

While size selection of whiting can be improved through a range of technical measures, it is

unlikely that these will fully eliminate catches of whiting <MCRS particularly in mixed species

fisheries. There are a number of technical measures that can be applied in the TR2

Nephrops fishery including square mesh panels, SELTRA trawls, Swedish grids and increases

in mesh size (ICES, 2004). However, these have limitations, particularly for small whiting.

Swedish grids for example are effective for the exclusion of “larger” fish (ca. >25cm) but the

bar spacing typically used to allow for the passage of Nephrops (35mm) also allow permit

“small” fish to pass through the bars (Valentinson et al¸2008). While square mesh panels

67

have been shown to effectively reduce the retention of small fish, they are not fully effective

and this has been shown to be seasonally dependent (O’Neill et al, 2004).

Species selective gears introduced in the Irish Sea Nephrops fishery (SELTRA trawl, 300mm

square mesh panel, inclined separator trawls and Swedish Grids) have been shown to

effectively reduce by-catches of cod and haddock, but despite their wide scale use across

the fishery, discards of whiting remain very high (ca. 90%) it is considered that due to the

small size of whiting (ca. <20cm) that these fish are unable to use the active escape

behaviour required due to exhaustion and tiring associated with herding and general

catching process associated with towed demersal gears (Breen et al, 2004). With the

currently available tools, it is likely that increases in minimum mesh size or alterations in

mesh geometry (e.g. square mesh cod-ends) will offer the most effective mechanism to

reduce catches of whiting <MCRS. However, this is likely to lead to reductions in catches of

marketable fish and Nephrops.

Given the general paucity in selectivity and metier specific economic data noted above, two

plausible scenarios are presented below which show the potential loss in revenue of (i) a

20% reduction in landings of Nephrops (Figure 2-3) and; (ii) a 10% reduction in landings of

Nephrops, sole, megrim and whiting (Figure 2-4). It is not possible at this stage to predict

the responses of the TR2 fleet to the Landing Obligation and how these may result in an

adjustment of the current species specific exploitation pattern, but it is unlikely that such

adjustments will evolve quickly enough to meet the joint objectives of minimising unwanted

catches of whiting and Nephrops whilst maintaining revenues at levels where individual

businesses remain viable without some level of permissible discarding. This will be even

more challenging for vessels that are obliged to retain and land catches of both Nephrops

and whiting as this will require multiple adaptations.

Figure 2-3 Reduction in revenue associated with a 20% reduction in Nephrops landings

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Figure 2-4 Reduction in revenue associated with a 10% reduction in landings of sole, whiting, Nephrops and megrim.

The recent trends in net profits for both the IRE DTS 12-18m and IRE DTS 18-24m fleet

segments have been moderate to poor in recent years (Figure 2-5 & Figure 2-6). It is

therefore anticipated, given the scenarios presented above that any substantive reductions

in landings will compound this weak performance even further and therefore presenting a

situation that selectivity will be very difficult to achieve in the short term from an economic

perspective.

Figure 2-5 Recent terns in economic indicators for the IRE DTS 18-24m fleet segement

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Figure 2-6 Recent terns in economic indicators for the IRE DTS 12-18m fleet segement

Draft data for the 2015 Annual Economic Report shows that profitability in the 12-18m and

the 18-24m DTS fleet segments have been “weak” or “reasonable” respectively. Initial

analysis of the2014 economic data, to be reported in 2016, shows that the situation has

deteriorated despite ongoing low fuel costs.

Combined, these vessel length categories are associated with 62% of the overall Irish

landings in the Celtic Sea (aggregate 2012-2014) and are therefore economically highly

significant in relation to the overall Irish demersal fisheries Figure 2-7).

Figure 2-7. Economic significance of the IRE DTS 12-18m and IRE DTS 18-24m fleet segment relative to all landings associated with demersal gears.

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Additional losses of marketable catches associated with substantive improvements in

selectivity to reduce catches of whiting or Nephrops <MCRS will exacerbate this weak

economic position further and is therefore likely to result in current revenue to break even

revenue ratio falling below 1 for individual businesses.

3. Conclusion Given the high level of diversity and a reliance on species such as Nephrops and other

species for which a smaller mesh size is warranted e.g. common and lemon sole, megrim. In

practice this means that it is not possible to currently identify methods (e.g. increases in

mesh size) that would reduce the capture of whiting below the current minimum size

without having potentially negative impacts on the retention of high value species such as

Nephrops. Further development of measures that are appropriate for highly-mixed fisheries

is required. De minimis levels will be reviewed in light of adaptations to reduced unwanted

catches of both Nephrops and whiting in the Celtic SeaTR2 fishery.

References

Breen, M., Dyson, J., O’Neill, F. G., Jones, E., and Haigh, M. Swimming endurance of haddock

(Melanogrammus aeglefinus L.) at prolonged and sustained swimming speeds, and its role in

their capture by towed fishing ears. d ICES Journal of Marine Science, 61:

1071e1079

Fryer, R. J., O'Neill, F. G. and Edridge, A. (2014), A meta-analysis of haddock size-selection

data. Fish and Fisheries

ICES. 2004. The Nephrops fisheries of the Northeast Atlantic and Mediterranean – A review

and assessment of fishing gear design. ICES Cooperative Research Report, No. 270. 40 pp.

D. Valentinsson and M. Ulmestrand (2008), Species-selective Nephrops trawling: Swedish

grid experiments, Fisheries Research, Volume 90, Issues 1–3

71

(v) Presentation of evidence in support of a 7% De minimis for Nephrops in Western

Waters (ICES area VII) – Technical and economic difficulties in reducing unwanted

Nephrops catches.

(i) Introduction

Under Article 15(4)(c) of EU Regulation 2013 No.1380 the landing obligation shall not apply

to catches falling under a de-minimis exemption. Article 15(5)(c) states that de-minimis

exemptions of up to 5% of total annual catches of all species subject to the landing

obligation shall apply:

i. where scientific evidence indicates that increases in selectivity are very difficult to

achieve; or:

ii. to avoid disproportionate costs of handling unwanted catches.

This paper presents the case for a de-minimis exemption in relation to small Nephrops

below the MCRS caught in the Nephrops fishery in ICES Area Vll.

Typically, discard rates of for Nephrops in ICES area VII range from 20 to 30% depending on

functional unit and overall market preferences. Clearly, this is undesirable and reducing

discards would provide stock benefits by reducing fishing mortality and also reduce on-

board sorting which is generally labour intensive. Macher et al, show that a better

exploitation pattern would benefit fisheries that have high level of discards. Reducing non-

commercial Nephrops discards leads to positive net present values of rent with better value

realized from the production potential and limited short-term losses for the fishing units.

However, achieving such improvement in practice is problematic. Here we present a case

for a de minimis exemption on the basis that “scientific evidence indicates that increases in

selectivity are very difficult to achieve” and following on from the STECF (EWG 13-16)

interpretation of this article, that in practice, we demonstrate that significant improvements

are not possible with the currently available tools without incurring significant losses of

marketable catch.

(ii) Improving size selection in Nephrops trawls

While size selection of Nephrops is an important topic, this area of research has received

comparatively little attention in recent years. To date, the majority of selectivity research

has focussed on reducing finfish by-catch rather than improving size selectivity, for example

under the pan European EU project NECESSITY, as well as national initiatives to reduce cod

by-catch for effort by-back/exemptions. A range of scientific studies have examined

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selectivity for Nephrops in Nephrops trawls, mainly by increasing the diamond mesh size.

These have found that increases in selectivity are difficult to achieve or if achieved result in

significant losses of marketable larger Nephrops as well as smaller Nephrops. (Briggs, 1984;

Polet and Redant, 1986)

ICES (2007) note that the selection of Nephrops is not consistent, with some hauls showing

a typical ‘S’-shaped or logistic curve of proportion retained against carapace length while

others show little or no indication that retention is a function of length i.e. a constant

proportion captured over the whole range of lengths. Unlike finfish, Nephrops tend not to

swim actively towards meshes and may be more dependent on passive escape. Escape can

be impeded by their shape and appendages, which can hook onto meshes or other animals

in the trawl.

The Scientific Technical and economic Committee for Fisheries report of 2008 (SGMOS-08-

01) reviewed several scientific publications on reducing Nephrops discards. They stated

that “some gear trials comparing different diamond-net mesh sizes have demonstrated that

an increase in mesh size does not generally affect the selection range for Nephrops, but can

reduce retention across the length range. Consequently, there is little difference in the catch

composition, only in catch numbers.”

When mesh size becomes large enough to release small Nephrops, larger Nephrops are also

lost resulting in significant economic loss. The ICES workshop on Nephrops selectivity

(WKNEPHSEL, 2007) undertook a met-analysis of all the available selectivity data and found

that for traditional diamond mesh cod-ends, increasing cod-end mesh size resulted in a very

slight increase in L50 indicating that selectivity (i.e. selection range) is very flat.

Figure ii-1 Relationship between L50 and mesh size for Nephrops from the meta-analysis of Nephrops selectivity data undertaken dueing WKNEPHSEL (2007)

Figure ii-1 shows that for a diamond mesh cod-end the length at 50% capture in diamond

mesh cod-ends does not change significantly between 55mm and 95mm. In practice this

means that while increases in diamond mesh size may offer some limited scope to reduce

Nephrops discards, the lack of steepness of the selection curve means that any substantive

73

increase in mesh size, which would be required to reduce discards in any significant way,

will also result in a significant loss of legal-sized catch. This is illustrated in the example

below.

Figure ii-2 Predicted selection ogives for mesh sizes 70 to 100mm using the parameters derived from the WKNEPHSEL model.

To illustrate the above points we apply the selectivities associated with four different

diamond mesh sizes [70, 80, 90 and 100mm] (Figure ii-2) derived from the WKNEPHSEL

(2007) selectivity model and apply these to a Nephrops population obtained from survey

data.

Figure ii-3. Nephrops population from the Irish UWTV beam trawl stations from 2002 to 2012.

The population (Figure ii-3) is from the Aran grounds (FU17, ICES area VII) which have been

obtained from the small mesh beam trawl survey used as part of the annual survey (2002 –

2014) UWTV survey. This then allows us to assess the potential changes in catches of

Nephrops above and below the current MLS of 20mm.

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Figure ii-4 Predicted impact on retention of Nephrops for four different mesh sizes (70, 80, 90 and 100).

Figure ii-4 shows that when mesh size is increased from 70 (blue line) to 80mm (red line), it

would result in little or no change in the number of small (~ 10 – 20mm) Nephrops retained,

but would also result in greater losses of larger Nephrops , particularly those between 25

and 33mm. As mesh size is increased, the losses of Nephrops >MLS become more and more

substantial.

Mesh Size 70mm 80mm 90mm 100mm

Catch in Number 11864 11217 10456 9582

Catch/Population (Num) 74% 70% 65% 60%

Catch >MLS 11248 10613 9864 9002

Discards <MLS 616 604 592 580

% Reduction <MLS ( from 70mm) 2% 4% 6%

% Reduction >MLS (from 70mm) 6% 12% 20%

% Reduction <MLS (from 80mm) 2% 4%

% Reduction >MLS (from 80mm) 7% 15%

Table ii-1 Predicted impacts on catches of Nephrops above and below MLS (20mm) associated with increases in mesh size of 90 and 100mm for the existing 70mm or 80mm currently used. NB 70mm is typically used by single rig vessels and 80mm by multi-rig vessels

Table ii-1shows the predicted changes in the retention of Nephrops above and below MLS

associated with the range of mesh sizes. Vessels tend to use either 70mm or 70-79mm

depending on the fishery and gear type (single or multiple gears). This shows that increasing

mesh size has a disproportionate impact on the numbers of Nephrops >MLS in comparison

to Nephrops less than MLS. For example, increasing mesh the mesh size to 100mm from

70mm is predicted to result in a 20% loss of marketable Nephrops, while only reducing the

retention of Nephrops below MLS of only 6%. Increasing the mesh size from 80 to 100mm

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would result in only a 4% reduction in Nephrops <MLS while resulting in a 15% reduction in

Nephrops >MLS.

It is also important to note that the relative difference between losses of marketable

Nephrops with reductions in Nephrops below MLS increases with increasing mesh size.

(iii) Socio-economic impact

As noted above, any substantial changes in mesh size to significantly reduce the levels of

undersize Nephrosp caught would likely result in substantial losses of marketable Nephrops

in all fisheries in ICES area VII. A particular concern in the Irish Sea is that the average size of

Nephrops is lower than elsewhere. This may be due to the higher density of Nephrops

found there than in other Functional Units (FU), in particular the high densities observed in

FU 15. Studies in the Irish Sea (Briggs et al, 1999) showed that catch rates of Nephrops of all

sizes of Nephrops below 30mm carapace reduced when increasing mesh size from 70 to

80mm. Therefore marketable Nephrops between 20 and 29mm will be lost as mesh size

increases.

In many cases, the catching and processing sectors have developed their businesses to

adapt to smaller Nephrops. Most nephrops landed by the UK (Northern Irish) fishing fleet

are tailed and used as the basis of breaded scampi products. Larger tails are used in whole

tail scampi whilst a substantial market and technology has been developed for a reformed

tail scampi product utilising smaller tails.

As these businesses are heavily dependent on prawns in the size range 20-29 mm carapace

length, significant losses will result from increasing mesh size to try to reduce Nephrops that

are below 20mm carapace length.

(iv) Conclusion

While it may be technically possible to reduce the catches of unwanted Nephrops, from an

economic perspective this is not viable, as the currently available tools, if applied would

certainly result in business falling below economic break-even which has been suggested by

STECF as an appropriate metric to determine whether a given solution is technically very

difficult or not (in line with the basic regulation). While it would be desirable to follow the

opinion of STECF through determining the economic impact i.e. use of the Break Even

Revenue Indicator to ascertain whether such losses would be economically sustainable or

not, given that economic data is aggregated at the resolution of gear and vessel length i.e.

no consideration of the target species, it is not possible to undertake such an analysis.

However, given that current technical approaches are unlikely to result in substantial

reductions in catches of Nephrops <MLS without incurring losses (ca. 4 times) of marketable

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Nephrops, it is argued that potential increases in selectivity, using currently available tools,

to reduce unwanted catches to any substantial degree would be economically unviable for

the fleet.

While there are a number of examples of technical devices that have been or are being

developed, further work is required, in particular research into the optimal mesh size for

square mesh cod-ends has been given priority by the Irish Sea Fisheries Board (BIM) as well

as investigations into other devices such as flexible grids which have been previously tested

in the Bay of Biscay. It is worth noting that the majority of research surrounding Nephrops

trawl fisheries has focussed on reducing finfish by-catch rather than improving size

selectivity. While moderate increases in mesh size or mesh orientation (e.g. square mesh

codends) may offer some scope to reduce Nephrops discards, they are unlikely to result in

rates being reduced to very low levels. Given that improvements in selectivity in the short

term are likely to be difficult to achieve without losses of marketable Nephrops there is a

justifiable case for a de minimis exemption of 7% of the Area VII TAC for 2016. This figure

can and will be reviewed as necessary.

R.P. Briggs et al “The consequences of an increase in mesh size in the Irish Sea Nephrops fishery: an experimental approach”, Fisheries Research 40(1). 1999 pp. 43-53 Scientific, Technical and Economic Committee for Fisheries -Report of the SGMOS-08-01 Working Group on the reduction of discarding practices. Claire Macher, Olivier Guyader, Catherine Talidec, Michel Bertignac, A cost–benefit analysis of improving trawl selectivity in the case of discards: The Nephrops norvegicus fishery in the Bay of Biscay, Fisheries Research, Volume 92, Issue 1, July 2008, Pages 76-89. ICES (2007)Report of the Workshop on Nephrops Selection (WKNEPHSEL) ICES Fisheries Technology Committee. ICES CM 2007/FTC:01 REF. ACFM Scientific, Technical and Economic Committee for Fisheries (STECF) – Landing obligation in EU fisheries (STECF-13-23). 2013. Publications Office of the European Union, Luxembourg, EUR 26330 EN, JRC 86112, 115 pp.

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(vi) Application for a ‘De Minimis’ exemption for undersized Nephrops in the West of Scotland Fishery

Request A request for the maximum de-minimis exemption for Nephrops Norvegicus caught in ICES Area VIa otter trawl fisheries based on disproportionate costs associated with disposing of catches below the MCRS (Minimum Conservation Reference Size). The percentage should be subject to review and monitoring on an ongoing basis. Introduction 117 United Kingdom (Scottish based) vessels target Nephrops norvegicus in the west of Scotland trawl fishery fishing in Functional Units 11, 12 and 13. The vessels range in size from < 10 metres in length to 24 metres in length and use mesh sizes from ≥80 - ≤110mm. The most recent ICES advice indicates that Nephrops stocks in all three functional units are harvested sustainably. Abundance Levels are above Bmsy (B Trigger) and Harvest Ratios are below Fmsy.

Figure 1: Nephrops functional units in VIa (ICES 5.3.20 2014)

Average landings from the previous five years are 11,607t worth £39.5m and compromising over 50% of the landings by value to the west coast ports of Campbelltown, Mallaig, Oban, Portree and Stornoway. Quota allocations for Area VI Nephrops are not currently regarded as a problem as the TAC in recent years has not been fully utilised. Currently discards from this fishery are mainly animals below the current MLS (70 mm in overall length, 20 mm for carapace length and 37 mm for tail length); or damaged animals.

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Disproportionate Costs The volume of under-sized Nephrops which will be landed and the costs associated will not be known until the Landings Obligation is fully underway. Catches of under-sized Nephrops are concentrated in a few areas of the west coast fishery, particularly the Clyde. For 2016 at least the undersized catch will have to be disposed of as there is little alternative use for undersized Nephrops - fishmeal is not an option for Nephrops. This reduces the ability for vessels to recoup some of the disposal costs. There are 149 ports on the west coast of Scotland with 16 being particularly important. Currently no ports have any facilities for disposing of undersized Nephrops, therefore all discards will have to be transported to another location. This will create costs which the vessels will have to absorb. This will become a more acute problem when ferries have to be factored into the equation, as they will be for island fishermen. The nearest potential site for disposing of under-sized Nephrops in Scotland is in Invergordon in the North-West, at a considerable distance from key west coast ports (284 miles from Portpatrick, 219 miles from Campbelltown 128 miles from Mallaig and 112 miles plus a ferry journey from Stornoway). The site at Invergordon would use a process of anaerobic digestion to dispose of the Nephrops. There are no other regional options currently available for disposal given that from 2016 it will not be possible to dispose of Nephrops into landfill sites. It is possible to incinerate Nephrops but the facilities willing to do this in Scotland are very limited due to the nature of the product. There is a facility in Liverpool (England) which can handle Nephrops incineration. However, the transportation costs associated with this are significant and prohibitive. As an example, Liverpool is 367miles from Mallaig. The largest part of the disposal costs appears to be relatively fixed as it will involve onshore storage of the catch while waiting for transport and then transportation to a disposal site, plus the actual disposal. Processors have informed us that environmental health protocols would not allow them to store or transport product which is not for human consumption in close proximity with product meant for human consumption, so current Nephrops storage or transport arrangements could not be used. The quoted costs for disposal in Invergordon are £50/tonne for disposal. There would also be a £550 per trip cost to transport the material to the disposal site and a recurring £100/month for storage. At a 5% discard rate each vessel would have to dispose of 0.5t/month. Even allowing for a proportionate reduction in the disposal costs they would still incur additional costs of £675/month or £8,100/year per vessel. This would represent 34% of the average net profit for vessels in the fishery which is considered to be disproportionate. In the longer term the facilities and infrastructure to handle undersized catches could be established, with increased scope for economies of scale. However these facilities currently do not exist and Nephrops are a particularly difficult species to dispose of as they cannot be

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rendered down into fishmeal. The cost of transporting them to sites for disposal is as demonstrated significant and the direct impact on vessel profits would be disproportionate. Additional costs will be incurred through a reduction in productivity because extra time will be needed to sort the catch under the landing obligation. Currently there is little or no handling of discarded Nephrops. They are either pushed over the side from the sorting table or run straight off the conveyor on those vessels that have one fitted. All Nephrops will now have to be selected along with the rest of the catch and in those cases where the size between animals above MCRS and those below is marginal they will need to be measured to ensure compliance with the regulation.

Future Work is ongoing to reduce catches of under-sized Nephrops, but this will take time to produce results, though it seems unlikely the undersized catches can be completely eliminated. The Scottish Fishermen’s Federation Gear Sub group supported by the Scottish Industry Discards Initiative is taking a fresh look at selectivity across the fishery, in an attempt to reach maximum selectivity whilst maintaining an economically viable fleet. Additional work is also being carried out into raising the value of Nephrops which are sold, in order to provide a larger cushion against the costs of disposal of any unsold Nephrops. We are also considering the feasibility of developing onshore facilities for Nephrops disposal and there are ongoing projects both in the United Kingdom and in other Member States examining survivability benchmarks in the otter trawl fishery. However, these projects are only just getting underway and will not have answers to deal with undersize nephrops in time for the commencement of the landings obligation from 1st January 2016. Disposal and selectivity, while at the same time factoring in economic viability, will be the focus of these projects. Therefore in the interim period a de-minimis exemption of the amounts requested is necessary to allow the fleet time to adapt to this new regime and for additional information to be generated through the range of trials.

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(vii) De minimis exemption for fishing vessels using a gear with increased selectivity in a

directed fisheries for sole in the Channel (VIIde) and the Celtic Sea (VIIfg) and to

avoid disproportionate costs

For the sole fishery using TBB 80-119 mm gear in areas VIIde and VIIfg a de minimis

exemption is recommended as per Article 15(5)(c) of Regulation (EU) no 1380/2013.

When in the spirit of the landing obligation and in an attempt to reduce the occurrence of

unwanted catches of sole, vessel owners choose to deploy a gear with an increased

selectivity, a de minimis exemption of 3% will apply of total sole catches with the TBB gear

80-119mm in 2016, 2017 and 2018.

For the fishing sector concerned, the sole fishery is the mainstay of its income. Taking into

account that further increases in selectivity are very difficult to achieve without losing

further marketable fish, it is necessary to ensure the economic viability of the fishing

industry and to avoid disproportionate costs with the implementation of the landing

obligation.

In the spirit of the landing obligation a de minimis exemption of 3% for 2016, 2017 and 2018

is sought for undersized sole for fishing vessels using a gear for which it has been

demonstrated that it has an increased selectivity effect and to avoid disproportionate costs.

Introduction of new technical measure to increase selectivity

A catch comparison experiment conducted by the Belgian Institute for Agricultural and

Fisheries Research (ILVO) demonstrated that the capture of sole, particularly undersized

sole, was reduced significantly (see annex [y]). The introduction of a large mesh trawl

reduced total sole catch by 19,7%, and reduced undersized sole (<24 cm) by 40,3%. There

was also an important loss of 16% of marketable sole. Increasing the mesh size of the

extension in a beam trawl was shown to be an effective and simple method to reduce the

capture of sole, especially sub-legal sized fish.

STECF made an assessment of this management measure during the plenary meeting of 13-

17 April 2015 and concluded that the ‘suggested modification of the trawl extension can

potentially result in a reduction in the catch of small fish without dramatically affecting the

catch of fish above the MLS’. STECF made the following generic conclusions: ‘for sole stocks

in areas VIIa*, VIId and VIIfg, any measure likely to reduce mortality on young ages, may

have a positive effect on stock biomass in the short-term and on yield in the medium-term.’

The loss of 16% of marketable sole has a significant effect on the profitability of the fishing

activity and for a lot of vessels this can already make the difference between earning or

losing money. At this stage, it would be very difficult to increase further the selectivity,

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without increasing further the losses of marketable fish. This latter would mean a

disproportionate cost.

* de minimis exemption is not applicable to this area.

Conclusion

Technical adjustments can limit the unwanted catches to a certain extent but not fully. To

facilitate a smooth introduction of the landing obligation and to stimulate the flatfish

fisheries to deploy more selective trawled gears in the Channel (VIIde) and the Celtic Sea

(VIIfg), a de minimis exemption of 3% is recommended for undersized sole in 2016, 2017

and 2018.

The use of selective gears such as a large mesh extension in a beam trawl is in line with the

spirit of the landing obligation. However, the utilisation of more selective gears means a

considerable loss of economic income in an initial period. The proposed threshold will hence

limit the economic impact of the landing obligation on the industry when using a more

selective gear and encourage it to use these years for the development of even more

selective gear to keep unwanted catches within unavoidable levels.

Annex [y]:

Evaluation of a large mesh extension in a Belgian beam trawl to reduce the capture of sole (Solea

solea)

201502-Bayse-Evaluation_of_a_large_mesh_extension_in_a_Belgian_beam_trawl_to_reduce_the_capture_of_sole.pdf