ICES Special Request Advice Northeast Atlantic and adjacent seas ecoregions Published 15 April 2016

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ICES Special Request Advice Northeast Atlantic and adjacent seas ecoregions Published 15 April 2016 1.6.1.1 of small cetaceans and other marine animals review of national reports under Council Regulation (EC) No. 812/2004 and other information Advice summary Reports by EU Member States on the bycatch of marine mammals, observed in conformity with Council Regulation (EC) No. 812/2004, are summarized. The lack of statutory reports from some major fishing nations compromises ICES ability to assess the overall impact of fisheries on small cetaceans and other marine animals. Estimates of total common dolphin mortality in fisheries in ICES subareas 27.7, 27.8, and 27.9 are provided; these bycatches may be unsustainable. An updated evaluation of the total annual bycatch of harbour porpoises in the Kattegat and Belt Seas indicates that levels are below those assumed to be unsustainable. There are unknown amounts of bias in both of these assessments. estimates for seabirds in a single EU Member State s fisheries indicate catches in excess of 10 000 individuals in Division 27.9.a. ICES continues to advise that any move to integrate monitoring of the bycatch of protected species in all EU waters within the Data Collection Framework will require the very careful consideration of sampling regimes and, as such, monitoring will require significant adjustments from that used for commercial fish bycatch. Request Annex IIA in the Memorandum of Understanding between the EU and ICES requests ICES, under Fisheries-based advisory deliverables, to: provide any new information regarding the impact of fisheries on other components of the ecosystem including small cetaceans and other marine mammals, seabirds and habitats. This should include any new information on the location of habitats sensitive to particular fishing activities. This advice section covers only aspects of impacts on marine mammals, seabirds, and other marine vertebrates. Information relating to habitats is advised separately (Section 1.6.1.2). Elaboration on ICES advice Based on reports provided by EU Member States, a total of 57 cetacean specimens were observed taken as bycatch in 2014. ICES has not raised these observations to assess total mortality this year due to uncertainties in fishing effort data. Estimates of total cetacean bycatch were, however, provided by two individual Member States for 2014: 334 common dolphins Delphinus delphis in a single Member States purse-seine net fishery in Division 27.9.a and four in a single Member States pelagic trawl fishery in Division 27.7.b. Estimate of total harbour porpoise mortality in static nets 2006 2014 in the Kattegat and Belt Seas In 2015, ICES provided estimates of harbour porpoise Phocoena phocoena mortality for subdivisions in the North Atlantic. For the Kattegat and Belt Seas (ICES subdivisions 27.3.a.21, 27.3.b.23, and 27.3.c.22), bycatch rates (pooled over the years 2010 2014) have been updated with 2014 fishing effort as well as observer coverage. The mortality of the harbour porpoise population due to bycatch in 2014 in the Kattegat and Belt Seas was estimated (Table 1.6.1.1.1). These results suggest that < 1% of the harbour porpoise population is being taken in this region. However, fishing effort is likely to be underestimated as effort from smaller vessels is not fully represented in both areas. ICES Advice 2016, Book 1 1

Published 15 April 2016 ICES Advice Table 1.6.1.1.1 Harbour porpoise assessment region Kattegat and Belt Seas subdivisions 27.3.a.21, 27.3.b.23, 27.3.c.22 Estimates of bycatch rates of harbour porpoise in the Kattegat and Belt Seas. Year Static net fishing effort (days at sea) Estimate of bycaught porpoises (Low high) Best estimate of abundance (CV) % mortality using lower bycatch estimate % mortality using higher bycatch estimate 2014 10625 165 263 40475 (0.235) 0.41 0.65 Common dolphin mortality in fisheries in subareas 27.7, 27.8, and 27.9 ICES advises that, based on bycatch rate and total fishing effort, total annual removals of common dolphins Delphinus delphis in European fisheries may exceed the 1.7% limit established by ASCOBANS which has been used in previous ICES advice. However, these estimates of common dolphin mortality are based upon information that is not complete. It is not known if these estimates are biased (nor the direction of any bias), so this advice cannot yet be regarded as definitive. Accepting the biases and unrepresentative sampling by gear type, observed bycatch rates of common dolphins in subareas 27.7 and in 27.8 are highest in pelagic trawl fisheries, but the somewhat lower rates observed in static net fisheries may be equally significant as they would result in similar levels of total bycatch because the effort in static net fisheries is much larger than pelagic trawl fisheries. Furthermore, pelagic trawl fishery data are biased by focusing sampling in those métiers that have shown the highest bycatch rates in the past. Seabird bycatch in Division 27.9.a in 2014 A total of 42 seabird specimens in 21 bycatch events were reported for 13 bird species. estimates (observed bycatch raised by fishing effort) by a single EU Member State for seabirds in Division 27.9.a included 9500 individual yellow-legged gulls Larus michaelis in longlines, 690 individual northern gannets Morus bassanus in bottom trawls, and 3800 northern gannets in longline fisheries in Division 27.9.a. The bycatch estimate of 205 individual Balearic shearwaters Puffinus mauretanicus in purse-seine nets may be significant for this species as it is classified as critically endangered by IUCN. Comparison of bycatch data collected by dedicated observers with data obtained through other monitoring programmes Three different observation schemes in 2014 i) Data Collection Framework (DCF)/log book, ii) dedicated observers focusing on protected species, and iii) remote electronic monitoring (REM) were compared. Over a period of 1120 days of DCF monitoring, six individuals of protected species were caught as bycatch in towed gears. In contrast, during 895 days of dedicated monitoring, 85 individuals of protected species were taken as bycatch, although most of these were in trawls in the Mediterranean Sea. In static nets, 165 days of DCF monitoring saw three individuals of protected species caught as bycatch, 838 days of dedicated monitoring 34 bycaught individuals, and 849 days of REM 35 bycaught individuals. A similar (statistically significant) difference was observed in marine mammal bycatch rates from the UK s dedicated bycatch and DCF programmes from 2005 to 2014. These monitoring programmes are not in the same fisheries or always in precisely the same areas or at the same times; however, the scale of these differences is so large that ICES advises that specifically designed monitoring schemes including dedicated observers or REM are required if good estimates of protected species bycatch are required. 2 ICES Advice 2016, Book 1

ICES Advice Published 15 April 2016 Basis of the advice Background Reports required under Council Regulation (EC) No. 812/2004 for 2014 were received from 13 of the 17 EU Member States affected by the Regulation in that year. No reports for 2014 were provided to the Commission by Germany, Finland, Spain, or Sweden, but Sweden and Germany did supply relevant data to ICES. The quality and scope of the information provided by the reports for 2014 was variable, with several Member States simply repeating the information provided in previous years. It is difficult for ICES to assess the overall impact of fisheries on protected species bycatch if data is not forthcoming from major fishing nations; additional challenges arise from the submission of non-standardized data. Results and conclusions Estimates of total common dolphin mortality in fisheries in subareas 27.7, 27.8, and 27.9 Static net fishing effort is high in these subareas. If trammelnets and set gillnets are combined, then over 100 000 days at sea were reported in 2014 in Subarea 27.7, over 140 000 days in Subarea 27.8, and over 100 000 days in Subarea 27.9. These are underestimates, because Member States have not included all effort from small vessels. Information on bycatch held by ICES is most complete for gillnets and pelagic trawls, though bycatch of cetaceans has been observed in other gears that have not been subjected to regular monitoring. For example, few observations have been undertaken on vessels using bottom trawls, even though common dolphin bycatches are known to occur in this gear. Monitoring under Council Regulation (EC) No. 812/2004 has been extensive and currently over 13 000 days at sea have been monitored by the nations that fish in subareas 27.7, 27.8, and 27.9 (Table 1.6.1.1.2). In Subarea 27.7, the majority of the monitoring is carried out by the fleets of France and the UK. In Subarea 27.8 the majority of monitoring is of the French fleet. It is not clear to what extent any monitoring in Spain has been focused on protected species bycatch, and how much simply reflects DCF data collection which elsewhere is known to under-represent protected species bycatch. Table 1.6.1.1.2 Combined observer monitoring effort totals (days at sea) 2009 2013, number of observed bycatch incidents, and number of individual common dolphins (na = not applicable due to no observation effort) for each major gear type. rates (animals/day at sea) are illustrative and should not be used for extrapolation as they are not necessarily representative of the fleet segments to which they are ascribed. Subarea Gear type métier level 4 Monitored (days at sea) events No. common dolphin rate 27.7 Driftnet 42 0 0 0.0000 27.7 Midwater otter trawl 880 3 6 0.0068 27.7 Midwater pair trawl 3990 331 929 0.2328 27.7 Bottom otter trawl 35 1 3 0.0857 27.7 Pots and traps 0 0 0 na 27.7 Set gillnet 3774 137 251 0.0665 27.7 Trammel nets 815 17 17 0.0208 27.8 Midwater otter trawl 94 9 9 0.0963 27.8 Midwater pair trawl 595 153 1137 1.9122 27.8 Bottom otter trawl 0 0 0 na 27.8 Bottom pair trawl 0 0 0 na 27.8 Pots and traps 0 0 0 na 27.8 Set gillnet 1192 44 50 0.0420 ICES Advice 2016, Book 1 3

Published 15 April 2016 ICES Advice Subarea Gear type métier level 4 Monitored (days at sea) events No. common dolphin rate 27.8 Trammel nets 710 0 0 0.0000 27.9 Midwater pair trawl 1 0 0 0.0000 27.9 Bottom otter trawl 734 2 2 0.0027 27.9 Bottom pair trawl 0 0 0 na 27.9 Pots and traps 0 0 0 na 27.9 Purse-seine 537 44 102 0.1899 27.9 Set gillnet 347 3 3 0.0087 27.9 Set longlines 0 0 0 na Total 13746 744 2509 Using abundance estimates for common dolphins for the three subareas and a limit of 1.7% of anthropogenic removals, the total bycatch that should not be exceeded is also calculated (Table 1.6.1.1.3). Table 1.6.1.1.3 Abundance estimates for common dolphins in subareas 27.7, 27.8, and 27.9. Division Mean density 27.7 0.05 27.8 0.05 27.9 0.09 Abundance (CV) 84390 (0.25) 114836 (0.28) 59306 (0.24) 1.7% of estimate of best available abundance 1434 1952 1008 Extra information Protected species other than cetaceans observed under Council Regulation (EC) No. 812/2004 in 2014 Information on the bycatch of protected species other than cetaceans (and seabirds in Division 27.9.a) was provided by eight Member States under Council Regulation 812/2004. The species/groups involved in 2014 were grey seals Halichoerus grypus and harbour seals Phoca vitulina, loggerhead turtles Caretta caretta, seabirds, and protected fish species. France Reports for both 2013 and 2014 were available. In 2013, 660 days at sea were observed for towed and static gears and a bycatch of one harbour seal was observed in Division 27.7.g. In 2014, 808 days at sea were observed for towed and static gears: two harbour (Divisions 27.4.b and 27.7.h) and two grey seals (Division 27.7.h) were observed as bycatch. Germany A bycatch of 13 grey seals was observed in 42 hauls (out of a total of 131 hauls) by pelagic trawlers larger than 15 m in Division 27.7.b. 4 ICES Advice 2016, Book 1

ICES Advice Published 15 April 2016 Ireland Three grey seals were caught as bycatch in large mesh tangle- and trammelnets off the south coast during 13 days of observation. No bycatch was observed in 100 days in pelagic trawl fisheries. Italy Seven loggerhead turtles, 49 twait shads Alosa fallax, and 23 elasmobranchs (of three species) were observed as bycatch. Data collection was poor in comparison to previous years, with only 92 days at sea and 324 hauls (0.9% of fishing effort) observed in Division 37.2.1. No monitoring was carried out in divisions 37.1.3 and 37.2.2. The Netherlands Two bluefin tuna Thunnus thynnus and one grey seal were caught in pelagic fishery in two events in Division 27.6.a during 93 days of observation. Three grey seals were caught in three events in Division 27.7.b in 53 days of pelagic fishery observation. Three basking sharks Cetorhinus maximus were caught in three incidents in May/June in 104 days of observation in Division 27.4.a. Poland No bycatch was observed in 134 days (65 days on vessels using towed gears and 69 days on vessels using static gears). UK An estimate of 417 grey seals caught as bycatch (largely in tangle- and trammelnet fisheries) is similar to estimates from previous years. In 21 days of dedicated monitoring of demersal longlines in Division 27.6.a, 114 seabirds (predominantly northern fulmars Fulmarus glacialis) were caught as bycatch. A further six seabirds were recorded as bycatch during nine days of dedicated observation in demersal longlines in Division 27.4.a. No seabird bycatch was recorded during nine days of monitoring of longline fisheries in Division 27.7.j. Recreational fisheries Qualitative information on potential impacts on protected species from bycatch in recreational gillnet fisheries was provided by Belgium and the Netherlands (both in Division 27.4.c). Thirteen harbour porpoises that washed ashore in Belgium had drowned in fishing gear in 2014; some of these individuals are suspected to have been caught in recreational gillnets set from the beach. Recreational gillnet fishing with nets set from the beach is allowed in the Netherlands under certain conditions. Harbour porpoise bycatch in these fisheries was recorded in 2011 and in 2014, although the 2014 incident appeared to be in nets set illegally. It is unknown if these incidents occur more frequently. There is no formal monitoring of these fisheries. Mitigation Seal bycatch in Swedish pot fisheries can be reduced by equipping pot entrances with seal exclusion devices; these devices do not affect the pot s catching efficiency. ICES Advice 2016, Book 1 5

Published 15 April 2016 ICES Advice The Spanish Mediterranean surface longline fishery targeting swordfish Xiphias gladius has adopted (2008 onwards) changes in bait (from squid to mackerel) and fishing depth (from the surface to over 140 m). of loggerhead turtles has been reduced by over 95% whereas swordfish catch has been maintained or has increased (less catch but bigger individuals). Sources and references ICES. 2016. Report of the Working Group on of Protected Species (WGBYC), 1 5 February 2016, Copenhagen, Denmark. ICES CM 2016/ACOM:27. 74 pp. 6 ICES Advice 2016, Book 1