EU Transparency Register Id. No: 8900132344-29 ADVICE Response to the Proposal from the European Commission Concerning Fishing Opportunities for 2016 8 December 2015 General comments The NWWAC notes that this is the first TAC proposal affecting demersal stocks subject to the Landing Obligation in the North Western Waters. Unfortunately, the NWWAC is not in a position to provide a complete submission since the proposal for fishing opportunities and effort for 2016 is not yet available for important stocks, for which the landing obligation will be in place from the 1st of January 2016. The NWWAC acknowledges the positive developments that have been made in some areas of fisheries management in the EU and specifically notes, the general increase in the number of stocks with full MSY assessments and quantitative advice, and the general increase in the proportion of assessed stocks that are fished sustainably In the North Western Waters, however, the NWWAC acknowledges that according to the scientific advice there is still progress to be made (e.g. cod in the West of Scotland, Irish and Celtic Seas, sole in the Irish Sea and Eastern Channel, haddock in the Celtic Sea, and seabass in all areas). The NWWAC hopes that the Council discussion will maintain adequate focus on ensuring that agreed fishing opportunities, including quota uplifts, are sufficient to maintain economic viability, as well as achieving MSY in accordance with the CFP objectives. The NWWAC notes that for some stocks TACs were proposed that differ from the scientific advice (especially stocks with no analytical assessment) taking into account criteria that are not considered by ICES. The NWWAC would like to receive further information on the criteria used by the Commission to explain the deviation from the scientific advice, and on how this remains in correspondence with the objectives of the CFP.
The NWWAC supports the Commission s recognition (in their Communication earlier this year) that quota uplifts are needed to reflect the shift from landing limits to total catch limits (for stocks/fisheries subject to the landing obligation) and that these should not increase fishing mortality rates. It is important to note, however, that within these boundaries, sufficient quota uplift will be needed to ensure that fishermen will be able to implement the landing obligation and reach the objectives of both Article 2.1 and 2.2 of the CFP Basic Regulation. To be able to calculate uplifts, reliable and quantifiable discard data for all fleet segments are needed. The NWWAC is therefore disappointed that data quality, coverage and variability are insufficient and cause for concern according to STECF 1. The NWWAC is aware that distribution of TAC uplifts will be arranged by separate Member States but it is not yet clear how this will be done by the NWW Member States. The NWWAC stresses the need for appropriate distribution between fleet segments, and highlights the need to take into account the consequences of quota swaps between segments that fall under the landing obligation and those that do not, and the differences in quota management regimes between Member States and their impact on the fishing mortality. The NWWAC considers that the implementation of the landing obligation will pose a significant challenge for a number of species, such as VIa cod and whiting (when the landing obligation applies to them). Decision makers will have to consider how to make most sensible use of the flexibilities provided for in Article 15 of the CFP in order to help the industry adapt and to ensure the long-term viability of the affected fleets. In this context, the NWWAC advocates that a rapid reaction mechanism to new information, in order to adjust fisheries management measures to unforeseen consequences of the landing obligation (e.g. choke species), is critical to the development of a working model of Art. 15 on the fishing grounds. Specific comments for stocks 1. Nephrops Subarea VII Differential Uptake: each year ICES sets out its advice for the various Nephrops stocks and what level of catches should be allowed. The TAC for this stocks has traditionally been set significantly higher than the catch figures included in the ICES advise but actual landing have been significantly lower due to the differential level of uptake by the various member states with for example Ireland in general utilising all of its quota allocation and other Member States leaving a significant portion of their quota uncaught. Given that the ICES advice for Nephrops in Area 7 would indicate a roll-over of the quota from 2015 to 2016 it is the 1 https://stecf.jrc.ec.europa.eu/documents/43805/1281129/2015-11_stecf+15-17+- +Quota+top+ups_JRC98384.pdf
opinion of industry members that the Commission s proposal would follow this objective and propose a rollover of the 2015 TAC to 2016. The Other Interest Group members note that, ICES advised catches of 19,660 t across all functional units in VII (except FU 18 plus rectangles outside FUs, for which only landings advice of 235 t was given). This represents a total of 19,895 t, whereas the TAC for 2015 was 21619 t, i.e. higher than the 2016 advice. It is the opinion of NGO members that a quota rollover is not in line with the scientific advice but that the TAC proposal should follow the ICES advice. The NWWAC has produced and circulated separate advice on the topic of management of the FU16 stock in the Porcupine Bank. 2. Haddock in Division VIIa The NWWAC considers it critical that the TAC for haddock in the Irish Sea appropriately accounts for the introduction of the landing obligation for this stock. ICES advise that total catches should be decreased by 9% compared to the TAC in 2015. If discard rates stay the same and the stock was not under the landing obligation, this would correspond to a TAC reduction of 59%. However, since haddock will be subject to the landing obligation for most vessels in the mixed gadoid fishery, a quota uplift to account for this change should be allocated to vessels subject to the obligation, based on the best available discard information. Further, it has been reported to the AC that there has been a larger than expected stock of haddock in this area since May 2015 and that relevant scientific institutes have been made aware of this occurrence. As bycatch of haddock cannot be avoided, the NWWAC considers that if this increase in stocks size is scientifically underpinned, the catch TAC for vessels fishing under the landing obligation in 2016 should be adjusted proportionally. The NWWAC notes that other vessels operating in this area that are not subject to the landing obligation will also have a bycatch of haddock but will not be required to land it. To account for this, it is the opinion of the NWWAC that the uplift for haddock should be proportionally allocated to those vessels operating under the landing obligation in order to avoid increasing fishing mortality. 3. Haddock Subdivisions VIIb-k Based on the MSY approach, the ICES advice for Haddock in VIIb-k is for landings of no more than 6,078 tonnes, which represents a reduction of 27% on the 2015 quota. On a number of occasions this year, the issue of the basis for the 2016 ICES advice has been raised by the AC with the Commission. Under the Memorandum of Understanding entered into between the Commission and ICES for the 2016 ICES advice, ICES were requested to give advice on the basis of MSY. On closer examination of the ICES advice it is apparent that this stock has been
fished above F MSY throughout the time series, and that the SSB is above the MSY B trigger reference point. While there was a commitment given in the CFP to attaining MSY by 2015, this included the caveat where possible, which allowed certain species a longer time period to achieve MSY (with 2020 as the latest possible date). The industry members of the NWWAC consider it unfortunate that ICES were not requested to provide advice on adopting a phased approach to achieving MSY for stocks such as Haddock and are of the opinion that ICES should be requested to provide landings advice on the basis of achieving MSY on a stepped basis by 2020 and that such advice be used to propose the TAC for 2016. The other interest group members of the NWWAC note that the requirement to achieve F MSY was by 2015, and if the Commission and Council decide to postpone the achievement of MSY by this date then this should be supported by socio-economic evidence and accompanied by a plan for how MSY will be achieved by 2020 at the latest supported by scientific advice. 4. Cod in Subdivisions VIIe-k The ICES advice for Cod in VIIe-k is for landings of 3,569 tonnes, which represents a reduction in the overall TAC of approximately 30%. This reduction is primarily due to a strong upward revision of F and a strong downward revision of SSB in recent years according to this year s assessment. Additionally, a new value for F MSY was set for this stock, and because the stock size for 2016 is below the present value for MSY B trigger, in line with ICES harvest control rule, catch advice was given that corresponded to an F lower than F MSY to allow the stock to recover. It should be noted, however, that the ICES advice also acknowledges that the stock size is expected to increase in 2017, at or below current fishing rates, due to the strong 2013 year class reaching maturity. In addition, due to the revised MSY value it would appear now that Cod in VIIe-k has never been fished at F MSY and our comments in relation to the timelines and phasing for achieving F MSY as set out above in relation to Haddock, therefore, will be equally applicable for this stock when it comes under the landing obligation. The industry members of the NWWAC consider that ICES should be requested to provide landings advice on the basis of achieving MSY on a stepped basis by 2020 and that this advice is used to propose the TAC for 2016. The other interest group members of the NWWAC note that the requirement to meet MSY was by 2015, and if the Commission and Council decide to postpone the achievement of MSY by this date then this should be supported by socio-economic evidence and accompanied by a plan for how MSY will be achieved by 2020 at the latest, supported by scientific advice.
5. Skates and Rays For the past number of years the situation regarding Data Limited Stocks stocks such as Skates and Rays has been highlighted. There have been considerable efforts expended both nationally and at an EU level to improve the data available in relation to these stocks with the result that in its most recent advice for this stock published in 2014, ICES stated that, in 2013, over 93% of skate and ray landings were reported on an individual species level. In this advice, ICES states that management of skates and rays under a combined TAC is not an effective management method and therefore does not provide advice for this generic skate assemblage. Moreover, ICES note the following: Management measures such as closed areas/seasons or effort restrictions may better protect skate stocks than TAC management. In particular, measures to protect spawning/nursery grounds and larger, mature females would be beneficial. Notwithstanding this statement the Commission has proposed a 20% reduction in the TAC quota for skates and rays for 2016, as already proposed in 2015. For the past number of years there have been consistent year-on-year TAC reductions applied to these stocks on the basis of their data limited classification. If the proposed quota for 2016 is implemented, the TAC for this stock will have decreased by over 45% since 2011. The industry members of the NWWAC consider that the Commission proposal to implement another routine cut to the TAC is contrary to the advice issued by ICES on how to best to manage skates and rays and for this reason, should not be implemented but reviewed as unwarranted. The other interest group members of the NWWAC note that some species in the skates and rays assemblage are in a very poor state. If the assemblage continues to be managed under a grouped TAC then an overall decrease will be necessary to try and recover these species as required by the MSY and precautionary approaches. 6. Pollack (Pollachius pollachius) in subareas VI-VII The NWWAC acknowledges that this stock is considered a Data Limited Stock, and while it is an extremely valuable fishery to those smaller inshore vessels that rely on it, its overall economic value renders it difficult, if not impossible, to justify the spending required to elevate its categorisation to Category 1 on the ICES classification. The TAC for this stock has traditionally been set significantly higher than the catch figures included in the ICES advice but actual landings have been significantly lower due to the different levels of uptake by the various Member States with, for example, Ireland normally utilising all of its quota allocation, while other Member States leave a significant portion of their quota uncaught. If the ICES advice in relation to this stock is examined in further detail it sets out that commercial catches have been stable for over two decades and recommends the same landings figure for 2016 that is has recommended since 2012. The industry members of the NWWAC are therefore disappointed to note that in its proposal the Commission has, yet
again, included a 20% reduction for this stock, despite it being from an ICES perspective Same Advice as Last Year since 2012 and therefore it is recommended that the 2015 TAC should be rolled over to 2016. The other interest group members of the NWWAC note that the ICES advice has been that, since 2013, landings should be 4,200 t (2013 was the first year with quantitative advice). The TAC has been maintained significantly higher than this, at 13,892 t, since 2011. While landings in 2011 were comparable to the advised TAC (4,666 t in 2011), preliminary landing figures for 2014 indicate landings 1,000 t above the advised TAC (5,255 t landed compared to 4,200 t advised TAC). This indicates the need for landings to be constrained by a decrease in the TAC to match scientific advice. Therefore, the other interest group members advocate that the TAC is set in line with scientific advice and that Member States work together to swap or trade quota, as required, to meet national fleets needs. 7. Cod in Subdivision VIa ICES continues to advise that there should be no directed fisheries for Cod in VIa and the Commission proposal notes that discard rates are still above 70% primarily due to the fact that the majority of these discards are attributable to the 1.5% by-catch limit currently in place. The NWWAC notes that despite several years of the cod management plan, there is no discernible recovery in the stock, with scientific research 2 now suggesting that seal predation may be a primary factor in preventing the recovery of the cod stock from taking place. The NWWAC considers that cod is likely to be a major choke species upon the implementation of the landing obligation and as a result alternative management approaches are needed to enable fisheries for other more commercially important species in the West of Scotland to continue. Several alternative approaches are currently being considered in the MAREFRAME West of Scotland case study and the NWWAC as a partner in this project requests that the Commission and Member States take note of the outputs of this study as and when they become available. 8. Whiting in Subdivision VIa The ICES advice remains that no directed fishery should take place. Fishing mortality is low and recruitment improving but the stock is considered to be below reproductive capacity. In an effort to improve the management of this stock, the NWWAC suggests that a temporal and spatial approach could be used in addition to TAC constraints, and efforts should continue to improve the quality of surveys. 9. Sole a) Subdivision VIIa A Belgian fisheries-science partnership wishes to continue its work to find an explanation for the differences between the scientific assessment for this stock and the fishermen s 2 Grey seal predation impairs recovery of an over-exploited fish stock - Cook - 2015 - Journal of Applied Ecology - Wiley Online Library
experience of abundance. A zero TAC as proposed by the Commission to the Council would endanger the continuation of this useful exercise. Furthermore, setting a zero TAC would result in the discarding of sole in the mixed demersal fishery in the Irish Sea. A Belgian technical measure, which applies to all Belgian vessels in the Irish Sea was tested in VIId and positively evaluated by STECF as leading to the avoidance of undersized sole. Taking all these elements into account and the fact that the ICES assessment for 2016 establishes that a TAC similar to that of 2015 would not result in a negative evolution of the stock criteria, the industry members of the NWWAC recommends that the TAC for sole in VIIa remains at the same level as in 2015 b) Subdivision VIId The NWWAC will produce and circulate separate advice on the topic of management of this stock. c) Subdivision VIIfg Combining the issues of sole in VIIa, sole in VIId and also sole in VIIfg; According to fishermen there is an ample abundance of this stock and a management strategy aiming for F MSY in 2020 should be taken into consideration since this would contribute to safeguarding a minimum level of economic sustainability for the sole fishery in this area. The industry members of the NWWAC consider that such a strategy is appropriate if it is in accordance with the precautionary principle. -- END --