MOODY MARINE LTD. Public Certification Report for. Danish Blue Shell Mussel Fishery, Limfjord. Client: Vilsund Muslinge Industri

Transcription

1 MOODY MARINE LTD Ref: v5 Assessors: Dolmer,P., Holt,T., Hough, A., Davies, S. Public Certification Report for Danish Blue Shell Mussel Fishery, Limfjord Client: Vilsund Muslinge Industri Certification Body: Moody Marine Ltd Moody International Certification Merlin House Stanier Way Wyvern Business Park Derby. DE21 6BF UK Tel: +44 (0) Fax: +44 (0) Client Contact: Søren Mattessen Vilsund Muslinge Industri A/S Nykøbing, Denmark Tel E-post:

2 Danish Blue Shell Mussel Fishery Certification CONTENTS 1. SUMMARY INTRODUCTION THE FISHERY PROPOSED FOR CERTIFICATION REPORT STRUCTURE AND ASSESSMENT PROCESS STAKEHOLDER MEETINGS ATTENDED OTHER INFORMATION SOURCES GLOSSARY OF ACRONYMS USED IN THE REPORT BACKGROUND TO THE FISHERY BIOLOGY OF THE TARGET SPECIES HISTORY OF THE FISHERY FLEET AND GEAR DESCRIPTION STOCK ASSESSMENT MANAGEMENT UNIT ASSESSMENTS AND STOCK STATUS MANAGEMENT ADVICE FISHERY MANAGEMENT FRAMEWORK FISHING RIGHTS, LICENSING ETC FISHING LOCATIONS ADMINISTRATIVE ARRANGEMENTS AND BOUNDARIES LEGISLATION AND REGULATION ECOSYSTEM CHARACTERISTICS ECOSYSTEM CHARACTERISTICS BY-CATCH AND DISCARDING ECOSYSTEM IMPACTS OTHER FISHERIES AFFECTING TARGET STOCK STANDARD USED...28 PRINCIPLE PRINCIPLE PRINCIPLE BACKGROUND TO THE EVALUATION EVALUATION TEAM PREVIOUS CERTIFICATION EVALUATIONS INSPECTIONS OF THE FISHERY STAKEHOLDER CONSULTATION STAKEHOLDER CONSULTATION STAKEHOLDER ISSUES OBSERVATIONS AND SCORING INTRODUCTION TO SCORING METHODOLOGY LIMIT OF IDENTIFICATION OF LANDINGS FROM THE FISHERY TRACEABILITY AT-SEA PROCESSING POINTS OF LANDING /Moody Marine/Public Certification Report/v5

3 Danish Blue Shell Mussel Fishery Certification 13.4 ELIGIBILITY TO ENTER CHAIN OF CUSTODY ELIGIBILITY DATE ASSESSMENT RESULTS Conditions...36 APPENDICES APPENDIX A: SCORING TABLES APPENDIX B: PEER REVIEW REPORTS...85 APPENDIX C: CLIENT ACTION PLAN...92 CLIENT ACTION PLAN...92 APPENDIX D: STAKEHOLDER COMMENTS APPENDIX E: RESGISTERED COMPANIES/VESSELS APPENDIX F: OBJECTION TO DETERMINATION /Moody Marine/Public Certification Report/v5

4 Danish Blue Shell Mussel Fishery Certification 1. SUMMARY This report contains the assessment of the Vilsund Muslinge Industri Danish Blue Shell Mussel Fishery within the Limfjord, Denmark, against the Marine Stewardship Council s (MSC) Principles and Criteria for sustainable Fishing. The assessment was carried out by a team of two assessors: Dr. Terry Holt and Dr. Per Dolmer with Andrew Hough of Moody Marine as the Lead assessor. Peer Review was undertaken by Jens Kjerulf Petersen and Dr. Andy Brand The evaluation of the fishery against the MSC Principles and Criteria was undertaken following a site visit to the fishery in Nykøbing, Limfjord and relevant stakeholders in Copenhagen. Information gathered during this site visit was then used in conjunction with other available literature to produce a draft report and score the fishery against the MSC Performance Indicators. The draft report and scores of the fishery were then supplied to the client for review before being submitted to peer review. The report was then made available on the MSC website for stakeholder comment for a period of 30 days before being published as a final report on the MSC website in September The main strengths of this fishery are the specific spatial limitations imposed upon the fishery in terms of open and closed areas and the depth limitations within which the fishery can operate. There is also good management within the fishery including a self-imposed minimum landing size to endure stability of the exploited populations. The main weaknesses of this fishery are the impacts of the mussel fishery upon the natural environment. There is a lack of detailed information on long term changes to seabed habitats as a result of mussel fishing, especially with stone/shell seabeds that are likely to be of importance to mussels, and to a lesser extent with boulder reefs. There is also a potential for in-direct effects of the fishery on bird species within designated SPA area of the Limfjord. Moody Marine has determined that this fishery should be certified in accordance to the MSC principles and criteria subject to three conditions which are summarised as follows: Condition 1: Harvest strategy. Concerns were raised that the harvest control tools had not been fully implemented across all the mussel fishery areas. This condition requires the extension of the harvest strategy across the whole fishery. Condition 2: ETP Species. The team discovered a lack of information regarding the extent that the mussel fishery had on food availability for fish eating birds within the SPA. This condition requires further investigation and if necessary appropriate methods for mitigation depending upon results. Condition 3: Changes to Habitat. A condition was raised over concern that the removal of stones and other hard substratum would impact upon the benthic habitat of the fishing areas. Suggested action for the client was appropriate further investigation with implementation of appropriate methods for mitigation /Moody Marine/Final Report/September

5 Danish Blue Shell Mussel Fishery Certification 2. INTRODUCTION This report sets out the results of the assessment of the Limfjord Blue Shell Mussel Fishery against the Marine Stewardship Council (MSC) Principles and Criteria for Sustainable Fishing. 2.1 The fishery proposed for certification The MSC Guidelines to Certifiers specify that the unit of certification is "The fishery or fish stock (=biologically distinct unit) combined with the fishing method/gear and practice (=vessel(s) pursuing the fish of that stock)." The fishery proposed for certification is therefore defined as: Species: Mussel, Mytilus edulis Geographical Area: Limfjord, Denmark (see Figure 1) Method of Capture: Mussel Dredge Management System: Vilsund Muslinge Industri A/S Client Group: Vessels nominated by VMI In the course of the certification it is possible that further companies/vessels may join the client group. This would be in accordance with the MSC s stated desire to allow fair and equitable access to the certification. Figure 1: Limfjord, Denmark 2.2 Report Structure and Assessment Process 82054/Moody Marine/Final Report/September

6 Danish Blue Shell Mussel Fishery Certification The aims of the assessment are to determine the degree of compliance of the fishery with the MSC Principles and Criteria for Sustainable Fishing, as set out in Section 8. This report sets out: the background to the fishery under assessment and the context within which it operates in relation to the other areas where mussels are fished the qualifications and experience of the team undertaking the assessment the standard used (MSC Principles and Criteria) stakeholder consultation carried out. Stakeholders include all those parties with an interest in the management of the fishery and include fishers, management bodies, scientists and environmental Non-Governmental Organisations (ENGO s) the methodology used to assess ( score ) the fishery against the MSC Standard. a scoring table with the Scoring Indicators adopted by the assessment team and Scoring Guidelines which aid the assessment team in allocating scores to the fishery. The commentary in this table then sets out the position of the fishery in relation to these Scoring Indicators. The intention of the earlier sections of the report is to provide the reader with background information to interpret the scoring commentary in context. Finally, as a result of the scoring, the Certification Recommendation of the assessment team is presented, together with any conditions attached to certification. In draft form, this report has been subject to critical review by appropriate, independent, scientists ( peer review ). The comments of these scientists are appended to this report. Responses are given in the peer review texts and, where amendments are made to the report on the basis of peer review comments; these are also noted in the peer review text. Following peer review, the report is then released for public scrutiny on the MSC website. The report, containing the recommendation of the assessment team, any further stakeholder comments and the peer review comments has been considered by the Moody Marine Governing Board (a body independent of the assessment team). The Governing Board has made the final certification determination on behalf of Moody Marine Ltd. It should be noted that, in response to comments by peer reviewers, stakeholders and the Moody Marine Governing Board, some points of clarification have been added to the final report. Finally, the complete report, containing the Moody Marine Ltd Determination and all amendments, was released for further stakeholder scrutiny. As a result of the final consultation on this report, an Objection against the determination was raised. Ultimately, this objection was withdrawn. The Objection document, Moody Marine response, accompanying documents and decision of the Independent Adjudicator are appended to this document. 2.3 Stakeholder meetings attended Information used in the main assessment has been obtained from interviews and correspondence with stakeholders in the Limfjord dredge fishery, notably: I1. Vilsund Muslinge A/S I2. Mussel Fisherman Association I3. Directorate of Fisheries I4. DTU Aqua 82054/Moody Marine/Final Report/September

7 Danish Blue Shell Mussel Fishery Certification I5. Danmarks Naturfredningsforening I6. WWF- Denmark 2.4 Other information sources Published information and unpublished reports used during the assessment are listed below: Andersen, S. M., Teilmann, J., Harders, P. B., Hansen, E. H., and Hjøllund, D Diet of harbour seals and great cormorants in Limfjord, Denmark: interspecific competition and interaction with fishery. ICES Journal of Marine Science, 64: Anonymous, Plan for fremtidens fiskeri. The Limfjord. Ministry of Food, Agriculture and Fisheries. Reference not seen, quoted in Poulsen et al Dolmer, P Seasonal and spatial variability in growth of Mytilus edulis L. in a brackish sound: comparisons of individual mussel growth and growth of size classes. - Fish. Res. 34: Dolmer, P., Kristensen, T., Christiansen, M. L., Petersen M. F., Kristensen, P. S., and Hoffman, E Short-term impact of blue mussel dredging (Mytilus edulis L.) on a benthic community. Hydrobiologia 465: Dolmer, P., Kristensen, P. S. and Hoffman, E. (1999). Dredging of blue mussels (Mytilus edulis L.) in a Danish sound: stock sizes and fishery effects on mussel population dynamic. Fisheries research 40: Dolmer, P. and Frandsen, R. P Evaluation of the Danish Mussel fishery: suggestions for an ecosystem management approach. Helgolander Marine Research 56: Dolmer, P Algal concentration profiles above mussel beds. Journal of Sea Research 43: Dolmer, P. 2000(b). Feeding activity of Mytilus edulis related to near-bed currents and phytoplankton biomass. Journal of Sea Research 44: Dolmer, P Mussel dredging; impact on epifauna in Limfjorden, Denmark. Journal of Shellfish Research 21(2): Hoffmann, E. and Dolmer, P Effect of closed areas on distribution of fish and epibenthos. ICES Journal of Marine Science, 57: DIFRES Notat om bestandssituationen for blåmuslinger i Limfjorden og forvaltning af muslingfiskeriet.- Report dec Dolmer,P., Christensen, HT., Kristensen, PS., Hoffmann, E., Geitner, K. 2008a. Environmental Impact Assessment of Blue Mussel Fishing in Løgstør Bredning Summary of report to The Ministry of Food, Agriculture and Fisheries /Moody Marine/Final Report/September

8 Danish Blue Shell Mussel Fishery Certification Dolmer,P., Christensen, HT., Kristensen, PS., Hoffmann, E., Geitner, K. 2008b. Environmental Impact Assessment of Blue Mussel Fishing in Lovns Bredning Summary of report to The Ministry of Food, Agriculture and Fisheries. 3 DTU on-line GIS viewer for Mussel fishery & related zones and activities. Kaiser, MJ., Spencer, BE The effects of beam-trawl disturbance on infaunal communities in different habitats. J. Anim. Ecol. 65: Kitnaes, K Danish experiences: Implementation of the Natura 2000 network. Powerpoint presentation. Lart, W. J. editor. (2003). Evaluation and improvement of shellfish dredge design and fishing effort in relation to technical conservation measures and environmental impact: ECODREDGE CT Sea Fish Industry Authority, CR Limfjordsovervågningen NOVANA Marin overvågning Vandmiljø i Limfjorden Maar, M., Nielsen TG., Petersen JK Depletion of plankton in a raft culture of Mytilus galloprovincialis in Ria de Vigo, NW Spain. II. Zooplankton. Aquatic Biology 4: Møhlenberg, F, Regulating mechanisms of phytoplankton growth and biomass in a shallow estuary. Ophelia 42, MSC Fisheries Assessment methodology and Guidance to Certification Bodies. Default Assessment tree, Performance Indicators and Scoring Guideposts. Version July Poulsen, B. Holm, P and MacKenzie, B.R A long-term ( ) perspective on impacts of fishing and environmental variability on fisheries for herring, eel, and whitefish in the Limfjord, Denmark Fisheries Research Volume 87, Issues 2-3, November 2007, /Moody Marine/Final Report/September

9 Danish Blue Shell Mussel Fishery Certification 3 GLOSSARY OF ACRONYMS USED IN THE REPORT CAMF CFP DHI DMU NERI DSNC DTU Aqua EEZ EFF EIA ETP EU IA ICZM MFPA MFLF MLS MoE MSC PI SG SPICOSA SUSTAINEX TAC VMI VMS WFD WWII Central Association of Mussel Fishermen Common Fisheries Policy Danish Hydraulic Institute Danmarks Miljoundersogelser National Environmental Research Institute Danish Society for Nature Conservation Danish Technical University European Economic Zone European Fisheries Fund Environmental Impact Assessment Endangered, Threatened and Protected Species European Union Impact Assessment Integrated Coastal Zone Management Mussel Fishermen and Producers Association Ministry of Food, Land and Fisheries Minimum landing size Ministry of Environment Marine Stewardship Council Performance Indicator Scoring Guideline Science and Policy Integration for Coastal System Analysis National Danish project focusing on the Impact of mussel dredging Total Allowable Catch Vilsund Muslinge Industri Vessel Monitoring System Water Framework Directive World War II 82054/Moody Marine/Final Report/September

10 Danish Blue Shell Mussel Fishery Certification 4 BACKGROUND TO THE FISHERY 4.1 Biology of the Target Species The blue mussel, Mytilus edulis (Bivalvia: Mytilidae) is a sessile bivalve attached to the substratum by a byssus. Mussels can withstand wide variation in salinity, desiccation, temperature and oxygen concentration, resulting in the ability to occupy a large variety of microhabitats. Mussels can be found on any substratum providing a secure anchorage such as rocks, stones, gravel, shingle, dead shells, and even mud and sand. In soft bottom areas as the Limfjord, the mussels form stabilised mussel beds of interconnected mussels and dead shells. Mussel beds are often dominant in terms of biomass, and form a key component of many marine communities. These beds support their own diverse communities as the mussel matrix, composed of layers of mussels with accumulated sediments and debris provides numerous microhabitats and an organically enriched environment. The blue mussel Mytilus edulis is a filter-feeding bivalve filtering primary on micro-algae and debris, but at lower rates also on zooplankton (Maar et al 2008). The tidal range in Limfjorden is low (~0.2 m) and the water circulation is forced by the predominantly eastern-directed wind. This low energy system is eutrophic, receiving nutrients from surrounding areas and the primary production is high, locally exceeding 1000 mg C m -2 day -1 in summer. In periods with low wind forcing, the mixing of the water column is reduced. First, as no microalgae are transported down to the benthic mussels, the bottom water is depleted of food and the mussels stop filter feeding (Møhlenberg 1995). Second, the combination of a high algal biomass and a low mixing rate of the water column may induce oxygen depletion and mass mortality of benthic animals, especially in the more enclosed parts of the area. Mussels follow a reproductive strategy of producing a very large number of gametes and hence planktonic larvae, of which a small proportion survive to settle and establish on the seabed. Mussels can adapt their reproductive strategy depending on environmental conditions; hence the reproductive cycle depends on the population s geographical situation. Blue mussels release gametes (approx. 3 million eggs) into the surrounding water where fertilisation takes place. After fertilisation occurs, the fertilised zygotes undergo several metamorphoses before settlement (Figure 2). Mussels settle after the sixth larval stage. The planktonic life of Mytilus edulis varies from 2-4 weeks depending on temperature, food supply and availability of suitable settlement substratum; hence it can take 10 and more weeks between the fertilisation and the settlement of the mussel. The larvae tend to settle in Limfjorden directly on availably substrata. The maximum settlement period is in June July, although a cohort of larvae and settlement are often observed in September. The growth rate of mussels varies greatly and is dependent largely on the availability of food. Suspended mussels suspended are reported to grow 9% daily, whereas the rate of those in mussel beds is much lower due to food competition and limitations of the transport rates of food to the bottom. The growth rate of mussels in the Limfjord is as high as observed in the Wadden Sea and the mussels grow from settlement to the minimum legal catch size of 4.5 cm during approximately 2.5 years (Dolmer 1998). The quality of the mussels, measured as the ratio between the cooked weight of the meat and the total weight of the mussel, range from approximately 10 to 30 % with a mean value of 17.2 % /Moody Marine/Final Report/September

11 Danish Blue Shell Mussel Fishery Certification 4.3 History of the Fishery Figure 2: Reproductive cycle of Mytilus edulis (source: unknown) The blue mussel (Mytilus edulis) is an important resource in the Danish fisheries and the most important fishing area for mussels is the Limfjord. The mussel fishery in the Limfjord can be dated back to the start of last century. At that time, the mussels were primary fished for use as bait in longline fisheries. During WWII the fishery landings increased to tonnes for a couple of years as the mussels were exported canned to the German army. After the WWII the landing decreased to < tonnes y-1 during the 1950s and 1960s. Since the late 1970s the landings of mussels have increased from approximately tonnes y-1 to more than tonnes in the (Figure 3). Over the last five years landings have been reduced to approximately tonnes, due to low stocks and voluntary quotas. An analysis of fishery data from 1993 to 1995 demonstrated that the fishery removed 15 % of the mussel stock annually, ranging from 0 to 31 % of the stocks in different area (Dolmer et al., 1999). Furthermore, it was observed that the mussel biomass was inversely correlated to the fishery intensity in years without oxygen depletion, whereas no correlation was observed in years with oxygen depletion. Approximately half the area of the sound is open to mussel dredging and onn average15 % of the stock in the open area is exploited annually. An estimate of the total area annually affected by mussel dredging indicate that less than 5 % of the Limfjord is annually exploited (Dolmer and Frandsen 2002). Estimates from the local environmental authorities show that % of the entire sound annually suffers from oxygen deficiency (< 2mg l -1 ), indicating that also other anthropogenic and natural factors may cause changes in the ecosystem (Limfjordsovervågningen 2005). More than 90% of the landings are exported as single frozen mussels or canned commodities and Denmark is one of the most important producers of processed mussels in Europe /Moody Marine/Final Report/September

12 Danish Blue Shell Mussel Fishery Certification 120,000 landing (tons) 100,000 80,000 60,000 40,000 20, Year år Figure 3: Catches of mussels in the Limfjord in the period (source: diagram provided by DTUAqua, Denmark for assessment team). 4.4 Fleet and Gear Description 51 vessels have a license to dredge blue mussels in the Limfjord. The size, draught, and motor power is regulated by the legislation (section 6.4) in order to control effort and dredging in shallow water depths. The mussels are fished by one or two dredges on each vessel (Figure 4). The dredge is the dutch type of mussel dredge. The 2 metre wide iron frame has a maximum weight of 100 kg. On the frame is attached a 2-3 metre long bag. The bottom part of the bag is a made up of a chain link matrix and the upper part of the bag is made of nylon mesh. Many of the fishermen use a grille of iron bars placed over the mouth of the dredge to prevent any large substratum material such as boulders from entering the bag. Figure 4: The mouth of a 2m mussel dredge (shown from beneath) used in the Limfjord fishery /Moody Marine/Final Report/September

13 Danish Blue Shell Mussel Fishery Certification 5 STOCK ASSESSMENT 5.1 Management Unit In relation to food safety the Limfjord is divided into 42 production areas (Figure 5) where status in relation to algal toxins and microbiology has to be documented before fishing is allowed by the authorities (this is discussed further in Section 6.2 below). Figure 5: Designated mussels fishing management areas in Limfjord (numbered 1-42) (Source: DTU on-line GIS viewer for Mussel fishery & related zones and activities. In relation to nature conservation the Natura 2000 directive was implemented in the Danish legislation in 2008 and several areas in Limfjorden are appointed as a Special Protected Area for birds SPA and/or Special Area of Conservation SAC (see Section 7). The mussel fishery is regulated by EU Natura 2000 legislation in these areas. Furthermore, national legislation has designated areas as closed for fisheries, e.g. areas with a water depth <3m or, in some cases, >3 metres and areas of special interest (see section 6 for further details). Stock assessments of blue mussels in The Limfjord are based on experimental dredging in production area 5-39 (see Figure 5 for areas), in the parts of these areas which are not closed by national regulation and at water depths > 3 metres. In 2008, the survey also included national closures, if they were a part of a Natura 2000 areas partly open to mussel dredging. The stock size of blue mussels is estimated by annual experimental dredging undertaken on between stations randomly distributed across the management areas of the Limfjord. Table 1 below displays the number which have been surveyed annually during ( stations sampled 82054/Moody Marine/Final Report/September

14 Danish Blue Shell Mussel Fishery Certification annually during this time period). At each station one dredge track of approximately 100 m 2 is collected. The catch is then recalculated to record the exact mussel biomass using a formula based upon a study of efficiency of the mussel dredge as a function of biomass. Table 1: Number of stations sampled in stock assessments in the Limfjord (NB no sampling occurred in 2002 and 2005). Year N Assessments and stock status The Limfjord is the most important waters for mussel fishing in Denmark. Since 1993, DTU Aqua has estimated the stock of mussels in the fjord every year except in 2002 and 2005 (Figure 6). In the period the study of the stock was carried out in the spring, however, from 2000 the studies have been conducted in the late summer months. During years when the Limfjord experiences high levels of oxygen depletion during the summer months the estimated stock of mussels will be significantly lower from 2000, whereas in years when there is no oxygen depletion growth over the summer leads to an increased autumn biomass estimate compared to a corresponding spring estimate. This makes it difficult to compare population sizes from the 1990s with stock sizes after DTU Aqua stock assessment monitoring does not include areas with water depths less than 3 metres (as these areas are closed to the fishery), but the counties around the Limfjord have estimated the mussel stocks lying in water depths less than 3 metres in total represent 325,000 tonnes (average ) (Data from County of Viborg). Biomass biomasse(tons) (tonnes) 900, , , , , , , , , Year Figure 6: Mussel Stock sizes in the Limfjord west of Løgstør in areas deeper than 3 metres, which were open to fishing in Stocks in Nissum Bredning (management areas 1-4) are not included in the estimate (diagram provided by DTUAqua, Denmark for assessment team). år 5.3 Management advice Mussel fishing in the Limfjord is regulated by national executive Order No. 155 of 07/03/2000 and No 840 of 20/07/2006. In addition to these statutory provisions the fishing industry contributes to the regulation of the fishing activities through self-management. This management is planned from the 82054/Moody Marine/Final Report/September

15 Danish Blue Shell Mussel Fishery Certification parameters that may affect the mussel population, such as risk of oxygen depletion, population size, population range, and mussel size. Thus the Central Association of Mussel Fishermen (CAMF) of the Limfjord, which is the mussel fishermen's organization, introduced a voluntary agreement to halve the weekly quotas of the mussel fishery in Halving the weekly quota explains the significant drop in the total catches from the Limfjord (Figure 3). CAMF may also self-manage the mussel fisheries so that in areas with a high prevalence of spat or low meat percentage (<14%) the samples required for the monitoring of algae toxins (and the opening of the area to the fishery) are deliberately not taken so that these areas will remain closed. CAMF also conducts self-management of the allocation of fishing activities in vulnerable areas to minimize visual impact in relation to other users of the Limfjord. As a consequence of the extended progress of self-management, the scientific management advice has until 2008 primary addressed long-term changes in mussel stocks. In 2004, a commission appointed by the Danish Ministry of Food, Agriculture and Fisheries concluded that the fishery for blue mussels in the Limfjord would be non-sustainable, if the downwards trend in stock sizes continued. The fishermen s voluntary halving of their weekly quotas in 2005 ensured that the catches reflect the productivity of the mussel population (Figure 3). In 2006 it was concluded that the fishery was sustainable in relation to stocks due to the reduced landings (DIFRES 2006) In 2008 the Natura 2000 EU-directives (Habitat and Bird directives) were implemented in the legislation of the fishery, stating that permissions to fish mussels in the Natura 2000 was given based on a specific Environmental Impact Analysis (EIA). In 2008 the permissions for mussel dredging in Løgstør and Lovns Broads were given based upon TACs and two EIA s elaborated by DTU Aqua (Dolmer et al, 2008 a and b). The EIA evaluated a management plan proposed by the Fisherman s Association. The management plan included the TAC, restrictions of the fishery to areas with a biomass of mussels > 1.5 kgm-2, and regulation in relation to e.g. eelgrass, substrate. The management plans were developed as an iterative process, where DTU Aqua performed a preevaluation of a draft version of the management plan. These plans were then modified by the Fisherman s Association, and DTU Aqua evaluated the final management plan /Moody Marine/Final Report/September

16 Danish Blue Shell Mussel Fishery Certification 6 FISHERY MANAGEMENT FRAMEWORK 6.1 Fishing rights, licensing etc Fishing licenses for the mussel fishery are issued by the Danish Ministry of Food Agriculture and Fisheries. There are presently 51 licenses and no plans to increase this number. Licenses must be reapplied for annually but apart from this there is no formal limit to the length of time they can be held. Licenses are associated with an individual rather than a boat. As of late February 2009 the selling of licences was under discussion so that licenses could be split so that an individual (and hence a boat) may, for example, have 1.5 licenses. However, there will be no increase in total number of licenses beyond 51 and this has not yet been implemented 6.2 Fishing locations As discussed above in Section 5.1 the Limfjord is divided into 42 zones for the purpose of mussel fishery management. The VMI mussel fishery under certification operates within Zones 5-39 (see Figure 5 for zonations of the Limfjord). There are limitations on fishing locations (see Figure 7); principally: Mussel fishing is completely prohibited within the eastern part of area 12; southern part of areas 21; areas 23 and 24; northern parts of areas 32, 33, 34, 38, 39; and all of area 40. No mussel fishing is allowed in areas of less than 2m, or in some places 3m, depth of water. There are buffer zones of 200m around cables and pipelines. No mussel fishing may occur to the north-west of areas 1 and 2. Additional areas, while not subject to statutory bans, have not been opened to fishing for many years, if at all, for a variety of reasons. Areas 1, 2, 3 and 4 and 41 because of a lack of fishable resources; and area 42 largely because of objections from the local harbour authority, although the mussel fishermen believe there are good resources in the area. Additionally, areas 1-4, parts of 5-8, part of 14, area 20-21, parts of 31, and areas 32-34, and is appointed as six Natura 2000 areas, and mussel dredging is restricted in these areas according to the EU-directives, and fishing activity can only be permitted following a EIA process. In 2008 the EIA s were conducted on blue mussel dredging in two Natura 2000 areas (area and 32-39), and the four other Natura 2000 areas were closed to blue mussel dredging /Moody Marine/Final Report/September

17 Danish Blue Shell Mussel Fishery Certification Figure 7: Major areas where mussel fishing is banned in Limfjord, because of depth (2 or 3 m as appropriate) (Highlighted in Green) or as a permanent ban (Highlighted in Blue). Note that areas 1,2,3,4, 40, 41 and 42 have not been opened to mussel fishing for many years although there is no statutory ban except in 40. Numerous small no fishing areas, such as 500m buffer zones around bathing beaches, holiday home areas or harbours, and 100m around research transects, are omitted. (Source: DTU on-line GIS viewer for Mussel fishery & related zones and activities Administrative Arrangements and Boundaries Government Management National regulations directly related to the fishery, include limits on boats size and power, draught of vessel, size and type of gear, annual overall catch quotas in Natura 2000 areas, and legal daily and weekly catch limits, and minimum size limits for mussels, which are set by the Danish Ministry of Food Agriculture and Fisheries, who also issue and check fishing licenses. Scientific advice is provided from a variety of organisations but primarily from the National Institute for Fisheries Research at the Danish Technical University (DTU), otherwise known as DTU Aqua. Many of the staff within this unit were formerly based at a research institute within the Ministry of Food Agriculture and Fisheries. Although the overall responsibility for managing the six Natura 2000 areas lies with the Danish Ministry of the Environment and the Agency for Spatial and Environmental Planning the fisheries management within these areas is the responsibility of the Ministry of Food Agriculture and Fisheries 82054/Moody Marine/Final Report/September

18 Danish Blue Shell Mussel Fishery Certification (Kitnaes, 2007) Self-Management The Mussel Fisherman and Producers Association (MFPA) has a considerable input to the management of the fishery. All boats being certified within this assessment are members of the MFPA. The MFPA has introduced lower weekly quotas than are required according to the regulations, in addition to closure of zones which are yielding mussels of low meat content (less than 14%), and the regulation of spatial distribution of fishing vessels within important recreative areas. The MFPA is funded by levies on tonnes landed from the fishermen and slightly higher levies from the processing industry. There are a number of small local fishermen s groups representing all fishermen (oysters, mussels, crabs and lobsters, herring) who also have input to the MFPA. Opening of areas is normally requested by the MFPA following numerous small test dredge tows carried out by the commercial mussel dredgers of typically two minutes or so to look at the density, size and quality of the mussels. In order for the fishery in any production area to be opened samples of the mussels and water from that area must be tested for algal biotoxins and bacterial contamination. These must be taken and checked the week before the fishery starts and then weekly during the fishery. If the test fisheries indicate low meat-content or high density of spat no opening samples are taken. The MFPA also deal with mussel relaying and moving which, as defined by the Limfjord mussel industry, are two different activities: Moving is a deliberate act of dredging small mussels (typically approx. 3cm) from areas where they are particularly abundant and spreading them on the seabed at relatively low density (3 kg per m 2 ) in defined areas where they can be grown on to marketable size. Mussels are moved from areas with high mortality due to oxygen depletion or high mussel densities and low growth rates. The Ministry of Food Agriculture and Fisheries must approve the movement of mussels based upon the fisheries plan (which is prepared by the Fishermen via the Mussel Fishermen and Producers Association, MFPA) which itself is subject to EIA by DTU Aqua. Moved mussels may only be laid in designated areas within areas 9 and 10 (see Figure 5). Relaying involves taking undersized mussels that were caught during normal commercial mussel dredging < 4.5 cm shell length and again spreading them at relatively low densities in defined areas. They are normally spread at around 5 kg per m 2 to reflect the fact that there will usually be a higher proportion of dead shell and other material within them than is the case with the moved mussels. Relaid mussels may only be laid within designated parts of area 15 and are normally relaid within 24 hours. Investigations have found a greater than 95% survival. Moving (including both obtaining and laying down the juvenile mussels) and relaying may only be carried out from the MFPAs dedicated mussel dredger, the crew of which are experienced in these activities. Harvesting of the mussels once they have reached a suitable size may be carried out by any of the licensed boats within the fishery. The processor VMI provides information on gross tonnages (weighed, as opposed to the gross tonnage estimates the fishermen provide in their logbooks), size, proportion undersized and amounts relaid, meat yield, stones, shell and main by-catch within a few days. This information is compiled by vessel, date and fishing area and is provided to both the boat owners and the Ministry. Based on the results of biomass estimates from DTU Aqua s annual survey, test dredging by the MFPA, plus information on yields and sizes etc from the processors, the MFPA comes up with a weekly plan that divides up the quotas in the anticipated areas between the members boats /Moody Marine/Final Report/September

19 Danish Blue Shell Mussel Fishery Certification 6.4 Legislation and Regulation Unlike many other countries, Denmark has defined a dividing line (the mean low water line) between the sea and the land when dealing with management. The sea is managed by several ministries, while coastal land areas are managed by local government. Denmark has therefore not formally adopted a clear definition of the coastal zone or a defined integrated coastal zone management system (ICZM). However, the ICZM principles have been applied through a system of laws and regulations, coordination among sectors and a high degree of public participation, which has developed over several years. The Protection of Nature Act (1992) can be applied within the entire fisheries zone and EEZ. According to the Planning Act from 2000 it is imposed on the county councils to elaborate and implement plans for the quality and use of coastal waters. These plans are, in part, based on the concept of environmental quality objectives as described in guidelines on water quality planning from the Environmental Protection Agency (1983). According to these guidelines, all bays and fjords and other coastal areas out to a depth of 6 m or at least within 1 NM from the shore are to be considered part of the counties responsibility regarding environmental protection and water quality. Concerning the exploitation of natural resources and raw materials and the use of the seabed for construction of any form, these matters are regulated according to a number of different laws. Normally an Environmental Impact Assessment in accordance with the EU-directive has to be carried out by the applicant. With respect to the management of marine fisheries, a coastal zone extending 3 NM from the low water line is defined in the Sea Fisheries Act. Within this zone the Sea Fisheries Act has laid down restrictions mostly on the use of different fishing gears. However, since Denmark is part of the European Union the fishery is managed within the Framework of the Common Fisheries Policy (CFP). The Danish Commission of Commercial Fisheries with members from the Ministry of Food, Agriculture and Fisheries, The Fishermen s Organizations and the PO s manage the national fisheries. There is no distinction between coastal and high sea fisheries; all fisheries follow the same regulations with a few exceptions. The EU Water Framework Directive was accepted by the Danish Parliament in December 2003 and the work to implement the directive continues on schedule. Denmark has been divided into 12 water districts and the responsible local authorities (counties) have been nominated. This new directive is not expected to increase the number of monitoring programmes in the coastal zone since such programmes have been running for the last 20 years. At present it is not clear to what degree the implementation of the Water Framework Directive will affect fishing and aquaculture in the coastal waters in Denmark. The fishery is closed during July and August. This is due to the elevated temperatures causing problems with transport of the mussels and also oxygen depletion. It is usually also closed for the period between Christmas and the end of February through self-management of the fishery. Fishing is also forbidden on Sundays as well as between the hours of sunrise and sunset and this is enforced through legislation. There is also legislation covering the maximum length, power and draft of the boats. Boats are limited to 175 hp and 12m length, with the exception of four larger boats for historical reasons. The boats are not allowed to install gear that sort the catch onboard the vessel. Gear (see Figure 4) is limited to dredges of up to 2m width and 100 kg frame weight, but there is no legal limit on number of dredges (though it is always 1 or 2 and any more would probably be impossible given the limitations on size of boats). There are no regulations on belly rings or mesh size /Moody Marine/Final Report/September

20 Danish Blue Shell Mussel Fishery Certification Limits on fishing localities are discussed in section 6.2 above and harvest controls are described below in section 6.5. For those industries included in the relay-scheme (<30% bycatch of mussels below legal size) the minimum legal size for mussels is 45 mm (4.5cm). For those industries not included in the scheme the minimum size is 50 mm (<10% bycatch of mussels below legal size for landings). 6.5 Harvest controls There are no overall catch limits for the Limfjord with the exception of the two large Natura 2000 sites. The majority of catches come from a relatively small number of fishing areas within these two sites, and they have quotas associated with them of 6,000 and 23,000 tonnes for the year Sep June There are legal daily landing quotas (presently gross landings of 85 tonnes per week per boat), reduced from 110 tonnes per week in the 1990 s. However, the MFPA have set their own weekly landing limit of 45 tonnes gross per boat since the summer of 2000, and this is the figure also used in the fishing plan for the Natura 2000 areas that are being prepared from season 2008/2009. Whilst there appears to be no wish to increase this, the MFPA are reluctant to have this quota enshrined in the regulations, however. There are limits on the amount of undersized mussels that can be landed. The limit is 30% of the gross tonnage if the mussels are to be relaid (moved) or 10% if not. For normal commercial mussel fishing, when three landings of sub-sized mussels occurs from one area the area will by regulation be closed for 3 months to allow the mussels to grow larger. Often the MFPA will close an area when two undersized landings have occurred so that the closure can be shorter than would otherwise be the case. There are also controls in place that are designed to ensure food safety. Primarily, from the point of view of the fishery, these relate to weekly opening of the areas. All areas are by definition closed unless approved as open on the basis of evidence that algal toxin levels and bacterial levels etc are satisfactory. The fishermen, via the MFA, request area openings and, in the case of Natura 2000 sites from onwards, create a fishing plan as described in section 6.3 above. 6.6 Monitoring, Control and Surveillance Logbooks Logbooks are compulsory for all boats under EU and Danish regulation. Compulsory information provided from the logbooks includes estimated gross landings by area and time. Logbook information is submitted to the Ministry of Fisheries. The exact GPS position of fishing is required within the Food safety regulations and in the two Natura 2000 areas GPS positions must be recorded every half hour to comply with the fishing plans for these areas. Only four of the fishing vessels have Vessel Monitoring Systems (VMS) at present, however the authorities do not place much emphasis on the use of VMS due to the ability to monitor the position of vessels from shoreline locations. Inspections The vessels have to inform the fishery inspectors about landing harbour no later than 1 hour before landings to allow for ad hoc inspections of catch. Observance of permanent or temporal closures for the mussel dredging is also inspected from land. As the fishing ground is surrounded by land activities can be easily observed from cars (Fisheries directorate pers comm.). In previous years the inspection cars were equipped with radar, so observations could be done during night time, though this is no longer the case /Moody Marine/Final Report/September

21 Danish Blue Shell Mussel Fishery Certification Landings and related data Information on mussel landings estimated by the fisherman for each day for each boat, and the exact net weight after cleaning of the mussels (removal of stones, shells, undersized mussels), is provided by the processors to both the fishermen and the Ministry, normally within a period of 24 hours. This information is cross-checked against logbook data by the Ministry, normally within 48 hours. No significant discrepancies have been found in recent years. Data are also recorded with regard to the meat yield of mussels and the amounts of undersized mussels which are re-laid. Bycatch quantity of the catch is recorded in the landings data as is the amount of substratum e.g. boulders which is recorded in weight (kilograms). Infringements Infringements were common until around 2003/2004 but have reduced considerably, at this time the most common infringements were fishing within closed areas and taking undersized mussels. In the last year there have been no reports of infringements by the vessels undergoing certification (Fisheries Directorate). 6.7 Consultation and Dispute Resolution The Minister of Food, Agriculture and fisheries has established a permanent mussel production Committee. This committee includes representatives from the Ministries (Fishery, Environment), mussel producers, and relevant universities and research organisations & NGOs). The assignment is to give advice to the Ministry in relation to management and development of mussel production in Denmark. The Committee then in practice acts as an external reviewer of advice to the Ministry of Food, Agriculture and Fisheries. The MFPA is legally required to sample for algal toxins in fishing areas (for food safety). This responsibility is used for dispute resolution in relation to disagreement in opening and closings of areas which have low meat content, low biomass or poor water quality. Disputes at a higher level are dealt with by the Ministry of Food, Land and Fisheries/Fisheries Directorate. 6.8 Research A close cooperation exists between Danish research institutes, universities, and managers from the authorities responsible for the resource management of the Limfjord and stakeholders such as commercial and recreational fishermen s organisations. Organisations such as DTU Aqua, DMU NERI and DHI undertake scientific research in relation to the mussel fishery and provide advice to the Danish government. Ongoing research and development projects for the Limfjord mussel fishery include a project on development of a lighter mussel dredge. In 2005 a light oyster dredge was implemented in the oyster fishery based on a research project. Another project focuses on development of a streamlined concept for EIA, that is efficient and complies with the Natura The EU-project SPICOSA focuses on ICZM and the management of mussel production within the Limfjord. There is presently a research project DEGREE under an EU programme looking at the design of oyster dredges with the aim of designing a less damaging dredge. There has been considerable success with this dredge, based on raising the body of the dredge onto runners, and allowing cleaning of the catch through specially designed mesh so that small sized material drops back onto the seabed. Presently the dredge-design is premature as the runners and the steel frame of the dredge are 82054/Moody Marine/Final Report/September

22 Danish Blue Shell Mussel Fishery Certification acknowledged to be too dangerous for general use at rough sea. It is possible that re-design of the equipment / methods used to bring in the dredges may correct this. Development of new, sustainable mussel production methods have been and are on the agenda. In 2008, a project finished that had investigated efficiency of production of mussels in bottom culture. The project analysed the production in experimental bottom plots with moved mussels, and the survival of mussels for relay. Two recent EU projects (Essence and Mabene ) dealt with the interactions between the benthic communities and the pelagic environment, with particular emphasis on grazing aspects of mussel communities and on ecosystem modelling, again with the focus on mussels. A recent national project SUSTAINEX focused on impact of mussel dredging, recruitment processes of blue mussels, bentho-pelagic coupling, all of which are integrated into an ecosystem model. A GIS project GIS-Limfjord was initiated in 2004 using GIS data from both land and sea as a tool in fisheries management within the Limfjord. Interactive maps encompassing fishery areas, mussel landings, no-fishing areas, conservation designations, other sea users and more are available on-line at In 1996 a social study on The fight for the Limfjord Lifestyles, environmental values and policies was completed analysing community use of the fjord. The report analysed patterns of use in the fjord, and the conflicts and possible consequences of different policies for the local communities. Among the outcomes of this and later initiatives were increased focus on oyster fishing and mussel aquaculture. Several recent research projects deal with sustainable aquaculture of blue mussels and flat oyster coordinated by the Danish Shellfish Centre. There are also long term monitoring programmes in place in the area, for example of mussel and eelgrass distribution over twenty years in an area not fished for twenty years. Numerous studies have been carried out looking at the effects of mussel dredging on the seabed structure (long and short term studies) and on the effects on biodiversity, especially on epibiota /Moody Marine/Final Report/September