Briefing on discards Definitions of discards

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1 Briefing on discards Prepared by Indrani Lutchman: Stephanie Newman Definitions of discards The FAO defines discards as follows: Discards, or discarded catch, is that portion of the total organic material of animal origin in the catch, which is thrown away, or dumped at sea for whatever reason. It does not include plant materials and post-harvest waste such as offal. The discards may be dead, or alive. (FAO, 2005) In general, discards are considered a waste of resources and contradictory to responsible fisheries, and therefore the term is commonly used pejoratively. However there are exceptions where discarding is consistent with sustainable stock management. For example, berried female crabs and lobsters are frequently returned to the sea still alive when they have been caught in pot fisheries. Likewise, other species may be returned to sea using careful handling procedures to improve their chance of survival (for example, skates and rays can be released from longlines by cutting snoods and removing the hooks). The release of fish by recreational fisheries can also be considered are discarding. Given these instances where discarding is actually a positive practice, the recently released FAO International Guidelines on Bycatch Management and Reduction of Discards (FAO, 2010) makes it clear that in the context of the Guidelines, discards refers to the throwing away or slipping of dead fish and fish that may not survive after live release (ie it concerns what called be termed problematic discards ). There are numerous causes for discarding depending on the fishery, but generally it is because the catch is economically undesirable, or outside of management regulations. Fish is undesirable or non-marketable either when it is entirely non-commercial of no economic value; or when it is commercial, but has low economic value, and therefore it is more profitable to replace it with another species or other individuals of more profitable dimensions (a practice termed highgrading ); or when the fish is commercial but of low quality, possibly as a result of damage from gear. Discards also occur when the catch is outside of management regulations. Termed regulatory discards, this is when fishers are obliged to throw back catch, either because it is outside regulation size, or because the quota has been reached ( over-quota discards ). Discarding is highly fishery specific, so generalisations about the level of discards, the fishing gear used, or the harm to discarded species including escapees, are of limited value. Indeed there a many unknowns regarding quantities of discarded and slipped fish, let alone the rate

2 of mortality of discarded fish. The latter depends on physical injury, stress and trauma, and the interactions between them. Discard policies and measures have been reviewed in list of key countries and RFMOs as per the TOR: Australia New Zealand Norway Iceland Denmark/UK/Sweden NAFO CCAMLR The information is presented in a spread sheet (Attachment 1). In the summary below, we focus on some key measures and the experience of specific countries to highlight examples of best practice. Discard summary There is a vast array of measures applied worldwide that tackle the discarding problem. Generally these measures can be grouped by type, although the specifics of their implementation will depend on the specific nature of the fishery in question (eg the target species, the type or species of bycatch, the gear in use, etc). The typology of measures that arose from the analysis was that measures fell into five broad categories: gear restrictions/ modifications; discard bans/catch quota systems; tradable quota systems; by-catch limits or quotas; and real-time closures. Often these measures are used in conjunction with each other forming a toolbox, and often they do not have the reduction of discards as their sole objective. Tradable quota systems for example, can be employed to adapt fishing capacity to fishing opportunities, or increase economic efficiency, as well as contribute to reducing discarding. Iceland and Norway have a long history of implementing discards bans. Iceland used mesh size restrictions in the early 1970s but with the introduction of the ITQ system in 1984 abolished this measure in favour of a discard ban. This measure is still in place and discarding catch overboard is prohibited and is subject to a penalty according to law. Recent estimations of the level of discarding in Iceland indicate that this amount of discarding by the Icelandic fleet is insignificant (DG Mare,2010). Similar to Iceland, Norway also implements a ban on discards. Today ten species saithe, redfish, Greenland halibut, herring, mackerel, capelin, European smelt, whiting, blue whiting and monkfish have been included in the discard ban regulation. By-catch of cod in other fisheries, for example is covered by the total cod quota. By-catch of cod in the shrimp trawl fishery is minimised by the use of sorting grids and by closing the areas. By-catch of other commercial species in the cod fisheries are landed and counted against the quota for each species. However, the discard ban is part of a larger comprehensive package of measures which includes mesh size restrictions, selectivity rules, restrictions on the use of trawls and

3 other gears, seasonal closures and by-catch rules (Norwegian Ministry of Fisheries and Coastal Affairs, 2009). In Australia, two legal instruments, the Fisheries Management Act 1991 and the Environment Protection and Biodiversity Act 1999 (EPBC Act), aim to ensure that the fishing and the impacts of by-catch and discarding is minimal. Under the Fisheries Act 1991, all fisheries have to develop by-catch action plans (BAPs) which include measures to mitigate by-catch and minimize discarding to zero. Mitigation measures, temporal and spatial measures and by-catch limits, specifically for the fisheries around Heard and MacDonald Islands and Macquarie Island. also implements a series of specific discard prevention measures, under the Fisheries Act (1995). These include by-catch limits, closed areas to protect juvenile fish, and improved gear selectivity to reduce the by-catch on non-target fisheries. There is also so a system of quota flexibility in place for the North Atlantic pelagic longline fishery. Such quota flexibility, between fishers and fleets including between bluefin tuna fleets and pelagic longline vessels, is likely to reduce discarding based on assessment of a similar Canadian fishery, but the success of the measure is also dependent on effective monitoring systems (MRAG, 2007). In the snapper fishery in the US for example, preliminary data shows that wasteful discards are down by at least 50 percent, the fishing season has tripled, and the value of the fish at market has increased. One of the best examples in the US is the incentives plan agreement (IPA) in the US adopted by the North Pacific Council in 2009 which aims to manage the chinook salmon by-catch in the bering Sea Pollock fishery. This combines a limit on the amount of chinnok salmon that may be caught and this is also linked to performance standards. Another key country which features in review of by-catch and discard management is New Zealand. New Zealand s main fisheries are managed under the quota management system which is based on the ITQ system, where ITQs can be bought and sold. There are annual catch entitlements (ACE) which are annually leasable and are traded separately from the ITQs. The 1990 Act contains a provision which bans discarding for QMS species except under specific circumstances: Some species can be returned to the sea as their survival rate is expected to be high these discards are not recorded against the ACE; For some species which are of commercial importance, there are minimum legal sizes under which fish, whether dead or alive have to be discarded and Observers or fisheries officers can also authorise the discarding of any fish. However these fish would have to be reported and counted against the ACE. In New Zealand, there are heavy penalties for illegal discarding including a substantial fine but also if a fisher has more than 2 offenses, they can be banned from fishing for up to 3 years.

4 In addition to this measure, there is a voluntary code of conduct developed by the hoki Fisheries Management Company (in 2001) which includes a move on rule to mitigate high levels of by-catch or discards, that is, if a proportion of small fish exceeds 10% of the capture, the fishing vessels has to move from the trawl area for at least the next five days by at least five miles and for those fish days fish in deeper waters. Observers must be on board and reports on areas of high by-catch must be communicated. The impact of this voluntary code has been a reduction in the level of juvenile fish discarded in the hoki fishery (MRAG, 2007). In Europe, the European Commission has been exploring various options to address the discard problem particularly in the mixed fisheries. So far, there is agreement on the measures although the Commission has proposed a discard ban in the new draft CFP regulation. One example of a system which is being promoted as the way forward is the catch quota management. This scheme currently implemented by Denmark, the UK and Sweden is based on the system that all catches of the regulated species including any discards, count against the vessel s quota for that species. It is based on the premise that this will incentivize the fisher to use and develop innovative selective fishing methods. Vessels managed by CQM are given an additional quota to reflect that all catches are counted against their quota and to incentivize their participation in the scheme. Currently, vessels participation in CQM is voluntary. Their participation in the scheme is conditioned by a full documentation by CCTV cameras, recording sensors and data storing. The logic of CQM is that a fishery must stop when the catch quota is exhausted (Schou, 2011)

5 Country/j urisdicatio n Relevant law/rule Specified discard allowed and any record keeping required Examples of fisheries currently managed under these laws Norway Ban on discards of commercial important species Vessels over 24m are required to carry VMS. Vessels are inspected at sea and their catch is checked against log books. Ban on discards applies to cod, haddock, saithe, redfish, Greenland halibut, monkfish, whiting, blue whiting, herring, mackerel, capelin, European smelt, shrimp, snow crab. Norway Minimum catching size Cod, haddock, saithe Norway Minimum mesh sizes Min. mesh sizes in trawls, Danish seine and gillnet, sorting grid with minum bar spacing in groundfish trawl (NE Arctic cod). Cod, haddock, saithe, Norway pout Norway Requirement to change fishing grounds if the catch composition contravenes regulations, temporary closure of grounds If bycatch limits or permitted proportions of juvenile fish are exceeded then must move on to other grounds. Applies in Barents Sea, Norwegian Sea and North Sea. Cod, haddock, saithe Norway Bycatch quotas Bycatch quotas of commercial species are set aside before the fishery is opened Norway Closed areas In the Norwegian economic zone, the Patch Bank was closed permanently in 2002 (Norway pout) Cod, haddock, saithe, redfish, Norway pout Norway pout New Zealand Quota Management System under the Fisheries Act 1996 Section 72 of Fisheries Act html?search=sw_096be8ed806e1c32_highgrading&p=1 The QMS is an ITQ system: Commercial species subject to QMS above the legal size limit may not be dumped. Exceptions to this are species listed in Schedule 6 html?search=sw_096be8ed806e1c32_highgrading&p=1). Undersized fish must be discarded. No provision for recording the fish or aquatic life New Zealand currently has 100 species subject to QMS.

6 discarded. New Zealand on the Ross Sea move-on rule and closure of fishery To reduce the highlevels of by catch in the macurid fishery A number of other demersal (bottom-dwelling) fish are caught as by-catch of the fishery. These include Whitson's grenadier, blue antimora, moray cod, icefish, and skate. Plans. Closed areas/ restricted openings Areas closed to fleet sector when undersized fish catches, catches of any over species, or catches of a closed species reaches a specific threshold level; observer coverage in fisheries where bycatch of the target species (cod) is problematic, in order to implement timely closures (Strategy for Atlantic cod recovery); observer coverge in targetted fishery where catch ofsmall fish is likely to be high (Strategy for Atlantic cod recovery); test fisheries to assess bycatch before opening them. Areas also closed to protect swordfish brooding stock, and reduce bycatch of bluefin tuna (North Atlantic Pelagic Longline) Atlantic groundfish stocks, North atlantic Pelagic Longline Plans. Gear restrictions Trawl net size limits; trawl net escape panel obligatory for bottom trawl nets and mid water trawl nets used in the Pacific hake fishery; Nordmore separator grate mandatory in shrimp fishery. North Pacific groundfish, Pacific hake, Northern shrimp, Striped shrimp Abandoned gillnets reporting and labelling program Atlantic groundfish stocks Proper handling and live release of species at risk caught as bycatch North Atlantic Pelagic Longline (targets swordfish and tuna species; bycatch of sensitive species, eg marlins, all turtle species)

7 Plans. Live release requirement Plans. Gear restrictions Shift to circle hooks from J-hooks to reduce mortality of live released species North Atlantic Pelagic Longline (targets swordfish and tuna species; bycatch of sensitive species, eg marlins, all turtle species) Plans. Quota flexibility Quota flexibility (QF) between fishers and fleets, including between bluefin tuna fleets and pelagic longline vessels North Atlantic Pelagic Longline (targets swordfish and tuna species; bycatch of sensitive species, eg marlins, all turtle species) CCAMLR CCAMLR Conservations Measures 33-01; 33-02; By-catch rules for specific fisheries in Statistical Division ; Limitation on by catch in new and exploratory fishery. There are also conservation measures on prohiition of specific fisheries and conservation measures for quotas for toothfish fisheries with move on rule. New and exploratory fisheries; Denmark, UK and Sweden Council Regulation (EC) No 219/2010 of 15 March 2010 Catch Quota Management All catches of the regulated species including any discards, count against the vessel s quota for that species. This will incentivize the fisher to use and innovate selective fishing methods. Vessels managed by CQM are given an additional quota to reflect that all catches are counted against their quota and to incentivize their participation in the scheme. Vessels participation in CQM is voluntary. Their participation in the scheme is conditioned by a full documentation by CCTV cameras, recording sensors and data storing. The logic of CQM is that a fishery must stop when the catch quota is exhausted. For fisheries managed by Australia around Macquarie Islands, by-catch limits are used. For fisheries around Heard and MacDonald Islands, by-catch limits also used as well as the new and exploratory fisheries which are managed for which by-catch limits are agreed by CCAMLR. March 2010 the Council adopted the CQM facility on a limited scale for cod in the North Sea and Skagerrak. Denmark,UK and Sweden quickly followed up with trials on CQM. Since summer 2010 vessels from England, Scotland, Denmark and Sweden have been fishing on a CQM-license in the North Sea, Skagerrak, Kattegat andthe Baltic

8 USA Individual Fishing Quota (IFQ) system Regulators allocate a portion of the catch to each fisherman as a secure fishing privilege. Fishermen then have the flexibility to buy and sell shares with other boats, and catch their allotment any time during the year when weather and market conditions are right. In turn, they comply with strict high-tech, real-time accountability requirements that closely track fish and fishing activities. Another example in the US ins the Incentive Pan Agreement which the North Pacific Council (2009) has implemented which where fishers sign up to a an innovative scheme to manage the discards of chinook salmon in the Bering Sea pollock fishery. Under this agreement, a limit on the amount of chinook salmon which can be caught as a by-catch is set. This is also based on performance standards. red snapper fishery in the Gulf of Mexico

9 Australia The Australian Fisheries Management Authority (AFMA) implemented a 3 year Bycatch and Discard Program in early Under the Program each fishery has to develop and institute a Bycatch Action Plan (BAP). Core Australian fisheries management regulations: Fisheries Management Act 1991, and Fisheries Management Regulations 1992 Example: The Southern and Eastern Scalefish and Shark Fishery (SESSF) is managed in accordance with the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 (the Management Plan). Management of the fishery is mainly through Total Allowable Catch (TAC) limits. A TAC is set for each quota species and certain non-quota species (to cover incidental catch), and is the total catch by all concession holders that may be taken during that fishing year. ITQs are implemented for Oreos, Deepwater Sharks, Ribaldo and Alfonsino. Other management arrangements used in the SESSF include trip limits, incidental catch limits, size limits, prohibited take, gear restrictions, and spatial and temporal closures. In addition, industry implements voluntary measures in cooperation with AFMA such as voluntary closures, voluntary gear restrictions and industry Codes of Conduct. There is a provision for 'overcatch' and 'undercatch' flexibility, so quota can be carried over to the next year, or taken away from next year's quota. There is an obligation to record in daily fishing logbook as you would normally record catch (and inform an observer if when onboard) any interactions with cetaceans, threatened species, listed migratory species, listed marine species, and listed threatened ecological communities. For fisheries managed by Australia around Macquarie Islands, by-catch limits are used. For fisheries around Heard and MacDonald Islands, bycatch limits also used as well as the new and exploratory fisheries which are managed for which by-catch limits are agreed by CCAMLR. Bycatch Action Plans apply to all domestic fisheries. The Southern and Eastern Scalefish and Shark Fishery (SESSF) is a multi-sector, multispecies fishery that covers almost half of the Australian Fishing Zone (AFZ). By-cach limits around Heard and MacDonald Islands for