Joint Recommendation of the North Western Waters High- Level Group

Transcription

1 Joint Recommendation of the North Western Waters High- Level Group Discard Plan for Demersal Fisheries in the North Western Waters 1. Implementing authority a. Acting in accordance with Article 43(3) of the Treaty on the Functioning of the European Union and taking into account the authority granted by Articles 15.6 and 18.1 of Regulation (EU) No 1380/2013 to the European Commission to adopt discard plans by means of delegated acts, the Member States of the North Western Waters submit a joint recommendation, as per Article 18.3 of Regulation (EU) No 1380/2013, to the European Commission for a specific discard plan for demersal fisheries in the North Western Waters. 2. Objectives of the discard plan a. As a result of the reform of the Common Fisheries Policy (Regulation (EU) No 1380/2013), concluded in 2013 and effective from 1 st January 2014, there is now a provision under Article 18 for Member States to elaborate joint recommendations for regional management measures specific to their fisheries and submit these to the European Commission for adoption via delegated acts. b. The scope of these recommendations is provided for in Article 18 of Regulation (EU) No 1380/2013 by way of reference to Article 15.6 thereof, which outlines the process for adoption of a specific discard plan by the European Commission for a period of no more than three years, to contain any of the specifications referred to in points (a) to (e) of Article c. Under Article 15.6 of Regulation (EU) No 1380/2013, Member States may cooperate, in accordance with Article 18 thereof, in the drawing up of a specific discard plan with a view to the Commission adopting such a plan by means of delegated or implementing acts or via the ordinary Legislative Procedure. d. The adoption of such specific discard plans is considered important to the successful implementation of the landings obligation as specified in the reformed Common Fisheries Policy. e. As such, this discard plan will establish provisions for any of the specifications referred to in points (a) to (e) of Article 15.5 of Regulation (EU) No 1380/2013, including specific descriptions of any exemptions gained. 1

2 f. It is intended that the Commission delegated act giving effect to this discard plan shall remain open to revision and adaptation at any time during its duration of up to three years in order to retain flexibility in addressing the challenges that will be posed by the introduction of the landing obligation for demersal fisheries. In particular, this discard plan shall remain open to the later inclusion of exemptions under high survival and de minimis, and to the inclusion of specific provisions for Minimum Conservation Reference Size (MCRS) to be specified at any time. g. In association with this discards plan, it is anticipated that there may be a requirement for complementary changes in technical measures in order to increase selectivity and reduce as far as possible unwanted catches. Any such measures may be brought forward in a separate recommendation as early as possible. h. In accordance with Article 18.2 of Regulation (EU) No 1380/2013, the North West Waters Group has undertaken regular and detailed engagement with the North Western Waters Advisory Council in the preparation of this plan. The recommendations of the Advisory Council have been fully examined and taken on board, where possible. i. It is considered to be the joint responsibility of the Commission and the Member States concerned to maintain oversight of the implementation of the provisions of this discard plan and to review and amend any element that evidence and/or improved data show is not fit for purpose. 3. Duration a. As per Article 15.6 of Regulation (EU) No 1380/2013, this specific discard plan shall have a duration of no more than three years. 4. Scope a. In accordance with Article 15.1(c) of Regulation (EU) No 1380/2013, the Member States of the North Western Waters Group are committed to a progressive and incremental introduction of the landing obligation over the period 1 January 2016 to 1 January b. This Joint Recommendation is concerned only with the species which define the highly mixed cod, haddock, whiting & saithe fishery; Norway lobster (nephrops) fishery; mixed common sole and plaice fishery; and hake fisheries. 2

3 c. In developing this Joint Recommendation, the North Western Waters Group has taken full account of the agreed recommendations, suggestions and information furnished by the North Western Waters Advisory Council. Those agreed positions, relating to the phasing-in of the landing obligation and the species which will be subject to the landing obligation from the 1 st January 2016, have been accepted by the North Western Waters Group. The North Western Waters Advisory Council agreed that a gradual phasing in of the landing obligation will be critical to allow for adaptation to it and to retain stakeholder support (i.e. the need to avoid a big bang in 2016). The Advisory Council also accepted that a second big bang should be avoided if possible in 2019 i.e. that phased implementation could continue in 2017 and The Member States of the North Western Waters Group also considered the views expressed by different stakeholders within the NWWAC, where those were not the agreed positions of the NWWAC. d. The North Western Waters Group, following the recommendations of the North Western Waters Advisory Council, has identified appropriate species for each relevant fishery to come within the scope of the landing obligation from the 1 st January It is intended to build on this recommendation and that additional species in relevant fisheries will be included on a gradual and progressive basis. Consequently the North Western Waters Group will be submitting further Joint Recommendations for the adaptation of the delegated act giving effect to this discard plan in a timely manner in order to comply with the provisions of the landing obligation. e. Fisheries and the specific landing obligation recommended from the 1 st of January 2016 in respect of the species defining those fisheries are listed in the tables below. f. Vessels subject to a landing obligation determined by threshold criteria only shall be included in a list on the secure EU control website established under Article 114 of Council Regulation (EC) No 1224/2009. Further details are included in Annex I. 3

4 Table 1. Fisheries in ICES Area VIa West of Scotland and Union Waters of Area Vb Fishery Gear Code Fishing gear description Mesh Size Landing Obligation Cod, Haddock, Whiting & Saithe OTB, SSC, OTT, PTB, SDN, SPR, TBN, TBS, TB, SX, SV, OT, PT, TX Trawls & Seines All Where total landings per vessel of all species in 2013 and 2014 consist of more than 10% of the following gadoids; cod, haddock, whiting and saithe combined, the landing obligation shall apply to Haddock. Nephrops OTB, SSC, OTT, PTB, SDN, SPR, FPO, TBN, TB, TBS, SX, SV, FIX, OT, PT, TX Trawls, Seines, Pots, Traps & Creels All Where the total landings per vessel of all species in 2013 and 2014 consist of more than 30% Nephrops, the landing obligation shall apply to Nephrops. Table 2. Fisheries with combined TAC for ICES Areas VI and VII and Union Waters of Area Vb Hake Fishery Gear Code Fishing gear description Mesh Size Landing Obligation Hake Hake Hake OTB, SSC, OTT, PTB, SDN, SPR, TBN, TBS, TB, SX, SV, OT, PT, TX GNS, GN, GND, GNC, GTN, GTR, GEN LL, LLS, LLD, LX, LTL, LHP, LHM Trawls & Seines All Where the total landings per vessel of all species in 2013 and 2014 consist of more than 30% Hake, the landing obligation shall apply to Hake. All Gill Nets All All catches of Hake are subject to the landing obligation. All Long lines All All catches of Hake are subject to the landing obligation. 4

5 Table 3. Fisheries with TAC covering all of ICES Area VII Nephrops Fishery Gear Code Fishing gear description Mesh Size Landing Obligation Nephrops OTB SSC, OTT, PTB, SDN, SPR, FPO, TBN, TB, TBS, SX, SV, FIX, OT, PT, TX Trawls, Seines, Pots, Traps & Creels All Where the total landings per vessel of all species in 2013 and 2014 consist of more than 30% Nephrops, the landing obligation shall apply to Nephrops. Table 4. Fisheries in ICES VIIa Irish Sea Fishery Gear Code Fishing gear Mesh Size Landing Obligation Cod, Haddock, Whiting & Saithe OTB, SSC, OTT, PTB, SDN, SPR, TBN, TBS, TB, SX, SV, OT, PT, TX Trawls & Seines All Where total landings per vessel of all species in 2013 and 2014 consist of more than 10% of the following gadoids; cod, haddock, whiting and saithe combined, the landing obligation shall apply to Haddock. Table 5. Fisheries in ICES VIId - Eastern Channel Fishery Gear Code Fishing gear Mesh Size Landing Obligation Common Sole TBB All Beam trawls All All catches of Common Sole are subject to the landing obligation. Common Sole Common Sole OTT, OTB, TBS, TBN, TB, PTB, OT, PT, TX GNS, GN, GND, GNC, GTN, GTR, GEN Trawls <100mm Where the total landings per vessel of all species in 2013 and 2014 consist of more than 5% Common Sole, the landing obligation shall apply to Common Sole. All Trammel nets & Gill nets 5 All All catches of Common Sole are subject to the landing obligation.

6 Fishery Gear Code Fishing gear Mesh Size Landing Obligation Cod, Haddock, Whiting & Saithe OTB, SSC, OTT, PTB, SDN, SPR, TBN, TBS, TB, SX, SV, OT, PT, TX Trawls and Seines All Where total landings per vessel of all species in 2013 and 2014 consist of more than 25% of the following gadoids; cod, haddock, whiting and saithe combined, the landing obligation shall apply to Whiting. Table 6. Sole Fishery in ICES VIIe Western Channel Fishery Gear Code Fishing gear Mesh Size Landing Obligation Common Sole TBB All Beam trawls All Where the total landings per vessel of all species in 2013 and 2014 consist of more than 10 % Common Sole, the landing obligation shall apply to Common Sole. Table 7. Fisheries in ICES VII (excluding VIIa; VIId and VIIe for Common Sole) Celtic Sea & Western Channel Fishery Gear Code Fishing gear Mesh Size Landing Obligation Common Sole TBB All Beam trawls All Where the total landings per vessel of all species in 2013 and 2014 consist of more than 5 % Common Sole, the landing obligation shall apply to Common Sole. Common Sole GNS, GN, GND, GNC, GTN, GTR, GEN All Trammel nets & Gill nets All All catches of Common Sole are subject to the landing obligation. 6

7 Fishery Gear Code Fishing gear Mesh Size Landing Obligation Cod, Haddock, Whiting & Saithe OTB, SSC, OTT, PTB, SDN, SPR, TBN, TBS, TB, SX, SV, OT, PT, TX Trawls & Seines All Where total landings per vessel of all species in 2013 and 2014 consist of more than 25% of the following gadoids; cod, haddock, whiting and saithe combined, the landing obligation shall apply to Whiting. Note: See Gear Code Acronym Table in Annex II 5. Exemptions a. Fish which has been damaged by predators like fish-eating marine mammals, predatory fish or birds can constitute a risk to humans, pets and other fish by virtue of pathogens and bacteria which might be transmitted by such animals. Consequently, as set out in Article 15.4(d) the landing obligation should not apply to such catches and the fish should be immediately disposed of at sea. b. Having regard to food safety provisions as set out in Regulation (EC) No. 853/2004 of the European Parliament and of the Council as well as in Commission Regulation (EC) No. 1881/2006, catches of fish for which flesh contaminants would exceed the maximum limits set by EU rules for human or animal consumption shall not be kept on board a vessel. Consequently, the landing obligation should not apply to such catches and the fish should be immediately disposed of at sea. c. Situations where the landing obligation shall not apply are specified in Article 15.4 of Regulation (EU) No 1380/2013. This refers to species in respect of which fishing is prohibited, as defined by a Council Regulation, species for which scientific evidence demonstrates high survival rates, and catches falling under the de minimis exemption, as outlined in Article 15.5(c) of Regulation (EU) No 1380/2013. d. The North Western Waters Group recommends that a high survivability exemption should apply in the following case, full details in Annex II:- Norway Lobster (nephrops) caught by Pots, Traps or Creels in ICES Areas VIa and VII The North Western Waters Group is aware that scientific research on other species and fishing methods is ongoing. Additional high survivability exemptions may be recommended when these studies have been completed and evaluated. 7

8 e. The North Western Waters Group is making recommendations for de minimis exemptions as set out herein. The recommendations will be examined and reviewed for 2017 and 2018 with the objective of reducing and, over time, phasing out these provisions where possible. In reviewing the provisions, the NWW Group will take into account experience in the fisheries, progress on the Cod Recovery Plan and the results from scientific and technical trials. The phasing in of additional species under the Landing Obligation may necessitate the inclusion of further recommendations for de minimis exemptions. The NWW Group recommends that before deciding on exemptions for reasons of de minimis STECF be requested to swiftly evaluate these exemptions and give supplementary advice on any further or changed conditions to such exemptions. Full details for each case are set out in Annex IV:- (i) (ii) (iii) (iv) (v) A maximum of 3% for years one (2016), two (2017) and three (2018) for common sole of the total annual catches of this species by vessels using trammel and gill nets to catch common sole in the Channel (ICES Areas VIId, e, f and g) A maximum of 7% for years one (2016) and two (2017), and 6% for year three (2018) for whiting of the total annual catches of this species by vessels using bottom trawls < 100 mm to catch whiting in the Channel (ICES Area VIId and e) A maximum of 7% for years one (2016) and two (2017), and 6% for year three (2018) for whiting of the total annual catches of this species by vessels using bottom trawls 100 mm to catch whiting in the Celtic Sea and the Channel (ICES Areas VIIb-j) A maximum of 7% for years one (2016) and two (2017), and 6% for year three (2018) for whiting of the total annual catches of this species by vessels using bottom trawls < 100mm to catch whiting in the Celtic Sea (ICES Area VII (excluding VIIa, d and e) A maximum of 7% for years one (2016) and two (2017), and 6% for year three (2018) for Norway lobster (nephrops) of the total annual catches of this species by vessels obliged to land Norway lobster (nephrops) in ICES Area VII 8

9 (vi) (vii) A maximum of 7% for years one (2016) and two (2017), and 6% for year three (2018) for Norway lobster (nephrops) of the total annual catches of this species by vessels obliged to land Norway lobster (nephrops) in ICES Area VIa A maximum of 3% for years one (2016), two (2017) and three (2018) ) for common sole of the total annual catches of this species by vessels gear with increased selectivity in the Channel (ICES Areas VIId and e) and the Celtic Sea (VIIf and g) 6. Documentation of catches a. In accordance with Article 15.5(d), specific discard plans can make provisions on documentation of catches. Such provisions should be consistent with the rules outlined in Regulation (EU) no 1224/2009. b. Catches of species subject to catch limits shall be recorded in the appropriate fishing logbook with the correct scientific species name and/or with the appropriate codes in order to quantify the exact catches, in accordance with the Control Regulation. Documentation should be sufficiently rigorous to enable robust scientific assessments to be undertaken and the application of methods of control. c. Catches of species below a minimum conservation reference size should be recorded as a separate entry. d. For any species not subject to the landing obligation, all estimated volumes of discards above 50 kg live-weight equivalent in volume shall be recorded in the electronic/fishing logbook with appropriate codes denoting the species discarded. e. For any species not subject to the landing obligation pursuant to Articles 15.4 and 15.5 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council all estimated discards in volume shall be recorded in the electronic/fishing logbook. The utilisation of the de minimis exemption shall be monitored by the competent authority. The North Western Waters Group may wish to take account of any advice issued by relevant experts groups relating to the documentation of catches in due course. 9

10 Annex I: List of Vessels subject to a landing obligation determined by threshold criteria only Tables 1-7 of this Joint Recommendation include landing obligations that will only apply where a vessel has had landings of a particular species or group of species above the relevant percentage threshold in the years 2013 and A Flag Member State shall determine the vessels that meet the threshold criteria designated for a particular fishery and which are, therefore, subject to the landing obligation for that particular fishery. The Flag Member State shall compile lists of all such vessels and the landing obligation(s) applicable to those vessels. Vessels to which the threshold criteria do not apply are not required to be included on the lists. Each Flag Member State shall transmit its lists to the secure EU Control website by 1 January Lists will be updated from time to time by the Flag Member State and any such amendment will have effect as soon as it is listed on the secure EU Control website. A vessel is deemed to be subject to the Landing Obligation if it meets one or more of the definitions set out in Tables 1 to 7. The inclusion of a vessel on a list on the secure EU Control website shall be evidence (unless the contrary is shown) that that vessel is subject to a Landing Obligation determined by threshold criteria only. The exclusion of a vessel from a list on the secure EU Control website shall be evidence (unless the contrary is shown) that the vessel is not subject to a landing obligation determined by threshold criteria only. A vessel not on the list may be subject to one or more of the landing obligations in Tables 1-7 which are not determined by threshold criteria. 10

11 Annex II: Gear Code Acronym Table Gear Code OTB OTT OT PTB PT TBN TBS TX SDN SSC SPR TB SX SV TBB GN GNS GND GNC GTN GTR GEN LLS LLD LL LTL LX LHP LHM FPO FIX Type of gear Bottom Otter Trawl Otter Twin Trawls Otter Trawls (Not Specified) Bottom Pair Trawl Pair Trawls (Not Specified) Nephrops Trawl Shrimp Trawl Other Trawls (Not Specified) Danish Anchor Seine Scottish Seine (Fly Dragging) Scottish Pair Seine (Fly Dragging) Bottom Trawls (Not Specified) Seine Nets (Not Specified) Boat or Vessel Seine Beam Trawl Gillnets (Not Specified) Gillnets Anchored (Set) Gillnets (Drift) Gillnets (Circling) Combined Gillnets-Trammel Nets Trammel Net Gillnets and Entangling Nets (Not Specified) Set Longlines Drifting Longlines Longlines Not Specified Trolling Lines Hooks and Lines (not specified) Handlines and Pole Lines (Hand Operated) Handlines and Pole Lines (Mechanised) Pots Traps (Not Specified) 11

12 Annex III Recommendation for High Survivability Exemption Request under Article 15.4(b) of EU 1380/2013 to exempt from the Landing Obligation Nephrops Norvegicus caught in pots, traps and creels in Areas VIa and VII on the basis of high survival rates. Article 15.4(b) of EU 1380/2013 states that the landing obligation shall not apply to: species for which scientific evidence demonstrates high survival rates, taking into account the characteristics of the gear, of the fishing practices and of the ecosystem; This request recommends that Nephrops caught in pots (pots includes, pots, traps and creels) in Areas VIa and VII should be exempt from the landing obligation on the grounds of high survival. Annex 1 presents the scientific evidence for high survival in pot fisheries for Nephrops. It draws upon several studies that use pot caught Nephrops as a control group in experiments to demonstrate survival rates of between 92-99%. Nephrops caught by pots are frequently used as a control in experiments on survivals in Nephrops trawl fisheries as survival in pot fisheries is generally accepted to be high. Whilst the studies cited in Annex 1 are from Area Vl, pot, fisheries for Nephrops throughout Areas Vl and Vll are similar in their methods and practices and survival rates should therefore be similarly high. The small scale of the pot fisheries in Area Vll would not justify the cost of dedicated survival studies. In Area VIa potting activity is mainly carried out by United Kingdom (UK) vessels and is of particular importance in the inshore waters and sea lochs on the west coast of Scotland. In t of landings were from pot fishing. The value of UK (Scottish) pot caught Nephrops in 2013 was estimated at 17m. In Area VII, potting for Nephrops is of smaller scale but of importance in localised inshore areas of mud habitat. It is carried out by the Irish and UK (Northern Irish) fleets. In 2013 Irish landings of Nephrops caught by pots in Area VII totalled 66 tonnes. The main areas for potting are inshore areas of the west and southwest of Ireland. The value of landing is 2013 was estimated at 0.5m. In 2013, UK (Northern Irish) landings of pot caught Nephrops in Area VII totalled 10 tonnes, and were valued at around 67,000. The main Nephrops pot fishery in UK (Northern Ireland) is located in Strangford Lough on the east coast of County Down. 12

13 Annex 1. Nephrops discard survival in creel fisheries Background Lynda Blackadder, Carlos Mesquita & Helen Dobby Marine Scotland Science (MSS) Marine Laboratory, Aberdeen The latest reform of the Common Fisheries Policy (CFP) identified the reduction of discards and bycatch as a key objective (EC 2013). In combination with catch quotas, a discard ban will be gradually introduced for all regulated species in European waters between 2015 and Exceptions to the landing obligation will be made for species which "according to the best available scientific advice, have a high survival rate when released into the sea under conditions defined for a given fishery" (EC 2013). This paper will discuss Nephrops discard survival in the Scottish creel fishery, provide an overview of previous studies and consider if this fishery meets the exemption criteria. Introduction Nephrops is a marine decapod crustacean, widely distributed across the Northeast Atlantic and Mediterranean Sea where it inhabits burrow complexes constructed on areas of muddy sediment. It is commercially valuable and exploited throughout its range by both trawl and creel fisheries. Total landings of Nephrops by UK vessels into Scotland amounted to just under 18,000 tonnes in 2013 with a first sale value of 61.7 million, making Nephrops the second most valuable species landed into Scotland (Marine Scotland Science (MSS), 2014). Creel fishing for Nephrops is well established in UK (Scotland), particularly in the inshore waters and sea lochs on the west coast of Scotland. Although creel fishing typically accounts for a relatively small proportion of total Scottish landings (~ 10 % in 2013, ICES, 2014), creelcaught Nephrops attract high prices in the live export market and can provide an important source of income for small local boats. To the west of Scotland, creel fishing accounted for 17 % of landings in the North Minch and almost 20 % in the South Minch in 2013 with the ports of Portree (~490 tonnes) and Stornaway (~330 tonnes) receiving the greatest amount of creel-caught landings (Marine Scotland Science (MSS), 2014). Creels and trawls exploit Nephrops populations in different ways, with trawl catches highly dependent on seasonal and daily burrow emergence patterns related to light levels and tide (for example) while creel catch rates are influenced by feeding activity in response to bait and agonistic behaviour (Adey, 2007; Bjordal, 1986). For this reason, creels are more selective for larger Nephrops than trawls, and catches typically exhibit a length composition consisting of a significantly greater proportion of large individuals in comparison to trawl 13

14 catches (Bjordal, 1986; ICES, 2014; Leocadio et al., 2007; Morello et al., 2009; Ziegler, 2006). Discarding related to minimum landing size (MLS) is therefore likely to be at a lower level than in trawl fisheries although market driven size related discarding still occurs (above MLS). Creel-caught Nephrops may also be discarded when they are soft-shelled (due to recent moulting) or damaged during the capture process either by gear, poor handling or increel predation. There is little quantitative information on the level of Nephrops discards from creel fisheries in Scotland, and observer trips on board these vessels are not currently part of the MSS sampling programme. A number of trips were conducted on the West of Scotland during and indicated highly variable creel-caught Nephrops discard rates between 0 and 40 % by number with an average of around 10 % over all trips. However, it is not known whether these values are indicative of current creel discards rates. Discard survival rates The immediate survival rate of discarded Nephrops is highly variable and depends on a number of factors, including the amount of damage incurred during capture and postcapture handling, air temperature and the level of predation by sea-birds, fish and other marine predators during their return to the sea-bed (Chapman, 1981). The type of ground the Nephrops are returned to will affect their longer-term survival, as Nephrops have specific sediment requirements for the construction of burrows. The probability of being returned to suitable habitat will therefore depend upon the fishery practice and the spatial structure of the particular grounds. Mortality of Nephrops due to discarding in the creel fisheries has been considered negligible compared to other sources of mortality (trawl landings and discards, creel landings) and therefore studies on the survival of creel caught Nephrops have mainly been conducted due to their usefulness as a control group in experiments to estimate the mortality of trawlcaught individuals. Wileman et al. (1999) reported on a study in the Gairloch area of the North Minch in which only 3 of the 576 creel caught control individuals (held in pens on the sea bed) died in captivity (which corresponds to a survival rate of > 99 %). Other studies conducted in northern European waters have shown similarly high post-capture survival rates. Harris and Ulmestrand (2004) estimated 92 % survival, based on a control sample of twelve Nephrops caught in baited creels (off the Skagerrak, West Sweden) and maintained in holding tanks for two weeks. An alternative control sample which was exposed to air at 15 C for a 90 min period had a 100 % survival rate. Chapman (1981) estimated the survival at 97 % after individuals caught in creels were transferred to cages on the sea bed on the west coast of Scotland. Similar studies have recently been conducted in more southern European waters. Mehault et al. (2011) estimated a survival of 88 % for creel Nephrops after re-immersion at the Bay of Biscay. A similar experiment (Campos et al., 2010) carried out off the south coast of Portugal showed an 84 % survival rate for creel caught Nephrops that were used as a control 14

15 group for estimating trawl discard mortality. Table 1 gives a comparison of the post-capture survival rates provided in these studies. Studies of trawl-caught Nephrops indicate that damaged individuals have a lower rate of post-capture survival than healthy individuals (Mehault et al. (2011)). However, creel fishing is regarded as a less stressful method of capture than trawling and creel-caught Nephrops generally suffer less physical and physiological damage during the capture process than trawl-caught individuals (Ridgway et al., 2006). A large portion of the creel landed Nephrops are exported live to markets in southern Europe and good post-capture handling techniques are viewed as an important practice that adds value to landings. This practice further minimises the likelihood of damage and increases the chances of survival if discarded. Anecdotal information from the fishery suggests that at certain times of year, a small proportion of individuals may be discarded due to damage incurred during interactions with other animals (both Nephrops and other species such as octopus) within the creel during the capture process. The percentage of animals damaged in this way is unknown and no studies have been conducted on the survival rate of damaged creel-caught individuals. However, Adey (2008), in a study on creel ghost fishing, frequently monitored creels left on the sea bed for up to a year and found no evidence of Nephrops damage due to predation and no Nephrops mortality until the creels had been in place for more than six months. Eye damage due to light exposure had been described in literature (Gaten, 1988; Shelton et al., 1985) but according with Chapman et al. (2000), this type of lesion does not seem to influence the long term survival, growth or reproduction of Nephrops. Prolonged aerial exposure and changes in ambient temperature have also been shown to have physiological, immunological and pathological effects (Ridgeway et al., 2006). Again, the limited time on board the creel boat and quick release into the water column ensures a prompt return to appropriate temperatures. Predation Mortality Additional mortality due to post-release predation is not accounted for in the survival rates given in Table 1. Predation by seabirds was estimated to be 8.6 % of discarded creel-caught animals in Loch Torridon (Adey, 2007) but there seems to be considerable regional variation between areas, depending on the size and behaviour of local populations of seabirds. The same study concluded that there was very little or no mortality of creel-caught discards due seabirds throughout the year in Loch Fyne where seabirds instead follow the local trawl fishery. In some areas of the West of Scotland, fishermen have implemented measures to mitigate discard predation by seabirds by using a device which provide some protection to discarded individuals near the surface. The device consists of a plastic tube or escape pipe on the side of the boat which releases the Nephrops approximately 1 m under the surface and offers 15

16 protection from foraging seabirds when descending to the sea bed. (A Weetman, pers. comm) though MS Science has not evaluated the efficacy of these devices. Longer term survival Longer-term discard survival rate is influenced by the type of ground to which the Nephrops are returned as they have specific sediment requirements for the construction of burrows. The probability of being returned to suitable habitat will therefore depend upon the fishery practice and the spatial structure of the particular grounds. The process of catch sorting differs between Nephrops creel and trawl fisheries. In the trawl fishery, catches may be sorted while steaming between grounds and hence Nephrops may be discarded onto unsuitable habitat. In this situation, Nephrops are unlikely to find a suitable refuge and are at a much higher risk of predation mortality (Harris and Ulmestrand, 2004). In creel fisheries, the catch is sorted during the creel hauling process and discarded Nephrops are returned to the same location from which they were caught, therefore increasing the chances of survival. Experimental work which used creel-caught Nephrops to study the effect of eye-damage on post-release survival and growth suggest high long-term survival rates. Almost 20 % of the originally captured (and tagged) individuals which were released back into the sea (rather than retained in tanks) were recaptured, with some individuals being recaptured and released multiple times during the 7 year study period (Chapman et al., 2000). There was no impact of eye-damage (which occurs when individuals are brought to the surface) on the survival rate. Discussion The Scientific Technical and Economic Committee for Fisheries (STECF) report on the landing obligation highlighted a number of issues relating to the exemption based on high survival (STECF, 2013). It emphasised the importance of international guidance and protocols as to best practices with regards to scientific evidence and also points out that the term high survival is somewhat subjective (STECF, 2013). The high survival rate of creel-caught Nephrops retained in tanks or cages and used as a control group in experiments, suggests that the discard survival of healthy creel-caught Nephrops could be similarly high. Short soak times and good post-capture handling minimises the potential for damage during the capture process, ensuring captured individuals are in good condition (and likely experience high rates of survival). 16

17 References Adey, J. M Aspects of the sustainability of creel fishing for Norway lobster, Nephrops norvegicus (L.), on the west coast of Scotland. PhD D thesis, University of Glasgow. Adey, J. M., Smith, I. P., Atkinson, R. J. A., Tuck, I. D. & Taylor, A. C Ghost fishing of target and non-target species by Norway lobster Nephrops norvegicus creels. Marine Ecology Progress Series, 366: Bjordal, Å., The behaviour of Norway lobster towards baited creels and size selectivity of creels and trawl. Fiskeridirektoratets Skrifter, Havundersøkelser.18: Campos, A., Fonseca, P., Mendes B., Pilar-Fonseca, T., Castro, M., Leocadio, A., Survival of Norway lobster (Nephrops norvegicus) escaping from trawl cod-ends. FCT Contract nº PDCT/MAR/59366/2004, Final Report. Chapman, C.J Discarding and tailing Nephrops at sea. Scottish Fisheries Bulletin. 46: Chapman, C. J., Shelton, P. M. J., Shanks, A. M. & Gaten, E, Survival and growth of the Norway lobster Nephrops norvegicus in relation to light-induced eye damage. Marine Biology. 136: Charuau A., Morizur Y., Rivoalen J.J., Survival of discarded Nephrops norvegicus in the Bay of Biscay and in the Celtic Sea, ICES-CM-1982/B:13. EC (2013) Amendement proposal for a regulation of the European Parliament and of the Council on the European Maritime and Fisheries Fund. Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Brussels, COM(2013) 245 final. Gaten, E Light-induced damage to the dioptric apparatus of Nephrops norvegicus (L.) and the quantitative assessment of the damage. Marine Behaviour and Physiology. 13: Harris, R. R. and Ulmestrand, M Discarding Norway lobster (Nephrops norvegicus L. ) through low salinity layers - mortality and damage seen in simulation experiments. ICES Journal of Marine Science. 61: ICES Report of the Working Group for the Celtic Seas Ecoregion (WGCSE), May 2014, Copenhagen, Denmark. ICES CM 2014/ACOM:12. Leocadio, A.M., Whitmarsh, D., Castro, M Comparing Trawl and Creel Fishing for Norway Lobster (Nephrops norvegicus): Biological and Economic Considerations. PLoS ONE 7(7): e doi: /journal.pone

18 Marine Scotland Science Fisheries Information Network. Internal database. Query ran 17/12/2014. Méhault, S., Morandeau, F., Fifas, S Discarded Nephrops survival after trawling. Working document for ICES Nephrops working group. IFREMER Report of project PRESPO, pp. 15. Morello, E., Antolini, B., Gramitto, M., Atkinson, R., Froglia, C The fishery for Nephrops norvegicus (Linnaeus, 1758) in the central Adriatic Sea (Italy): Preliminary observations comparing bottom trawl and baited creels. Fisheries Research. 95: Ridgway, I., Taylor, A., Atkinson, R., Chang, E., Neil, D Impact of the capture method and trawl duration on the health status of the Norway lobster, Nephrops norvegicus. Journal of Experimental Marine Biology and Ecology. 339: Sangster, G.I., Breen, M., Bova, D.J., Kynoch, R., O Neill, F.G., Lowry, N., Moth-Poulsen, T., Hansen, U.J., Ulmestrand, M., Valentinsson, D., Hallback, H., Soldal, A.V., and Hoddevik, B Nephrops survival after escape and discard from commercial fishing gear. Presented at ICES FTFB Working Group, Hamburg, Germany April, 1997, ICES CM 1997 CM/B. Scientific, Technical and Economic Committee for Fisheries (STECF) Landing obligation in EU fisheries (STECF-13-23). Graham, N. and Doerner, H. editors. Luxembourg: Publications Office of the European Union. EUR EN, Shelton, P.M.J., Gaten, E., Chapman, C.J Light and retinal damage in Nephrops norvegicus (L.). Proceedings of the Royal Society of London (Series B) 226: Wileman, D. A., Sangster, G. I., Breen, M., Ulmestrand, M., Soldal, A. V. & Harris, R. R., Roundfish and Nephrops survival after escape from commercial fishing gear. Final report to European Commission, Brussels, FAIR-CT Ziegler, F., Environmental Life Cycle Assessment of Norway lobster (Nephrops norvegicus) caught along the Swedish west coast by creels, conventional trawls and speciesselective trawls. A data report. SIK report 746, SIK, Göteborg, 36 pp (available from SIK library: hr@sik.se). 18

19 Table 1. Summary of creel-caught Nephrops survival rates from control groups in trawl discard survival studies. Location % Survival Sample size Study Period Reference Southern Portugal days Campos et al. (2010) West of Scotland 97 NA 8-9 days Chapman (1981) Skagerrak, Sweden weeks Harris & Ulmestrand (2004) Bay of Biscay days Mehault et al. (2011) North Minch (West of Scotland) > days Wileman et al. (1999) 19

20 Annex IV Recommendations for De minimis Exemptions (i) De minimis exemption request for the vessels using nets to catch sole in the Channel and Celtic Sea (ICES areas VIId, e, f and g). In the frame of the landing obligation for the demersal fisheries in the North Western Waters, a de minimis exemption of 3% is requested for sole (Solea solea) for the vessels using net gears (gear codes GNS, GN, GND, GNC, GTN, GTR) in the Channel (VIId and e) and the Celtc Sea (f and g) for This exemption could be modified and completed by new elements in the near future according to the species subject to the landing obligation in this fishery in 2017 and I. Definition of the species and the stock Sole (VIId) 1 : For 2015, ICES advises on the basis of the MSY approach but cannot quantify the resulting catches. The implied landings should be no more than t. Discards are known to take place but are not fully quantified (in the order of 10%). The spawning-stock biomass (SBB) has fluctuated without trend and is above MSY B trigger since Fishing mortality has always been above F MSY, and has been above F pa since Recruitment has been fluctuating without trend. Recruitment in 2012 and 2013 are the lowest of the time series. F MSY is above targeted, B trigger is above trigger, B pa and Blim show full reproductive capacity, F pa and F lim show increased risk. Sole (VIIe) 2 : For 2015, ICES advises on the basis of the MSY approach that catches in 2015 should be no more than 851 tonnes. All catches are assumed to be landed (discards are considered to be negligible, i.e < 5%). The fishing mortality has fluctuated around F MSY since the early 1990s and is estimated to have been below F MSY since SSB has been around MSY B trigger for about two decades, increased from 2009 to 2012, and has declined thereafter as a result of weaker recruitment. Recruitment has been fluctuating without an overall trend, but the 2010 to 2012 year classes are estimated to be below average. F MSY is appropriate, B trigger is above trigger, B pa and B lim show full reproductive capacity, F pa and F lim are undefined. Sole (VII f and g): For 2015, ICES advises on the basis of the MSY approach that catches should be no more than 652 t. All catches are assumed to be landed. The spawning-stock biomass has been above MSY Btrigger since 2001, but is declining. Since 2010, fishing

21 mortality has been increasing and is now at Flim. Recruitment has been fluctuating around average. No specific management objectives are known to ICES. Sole is a flatfish for which some studies have shown interesting survivability rate. STECF report on landing obligation lists the survival studies known for sole, with no study dealing with the survival of the sole in a net fishery. Nevertheless, some studies in Canada and USA show interesting survival rate for some flatfishes (Pleuronectidae) caught by gillnets (Benoit and Hurlbut, 2010; Smith and Scharf, 2011). The ongoing project ENSURE on the survival of the discards should give some results on the survival of the sole caught and released by trammel nets by the beginning of 2017 (Annex 1). II Definition of the management unit 1) Characteristics of the fishery and its activity The NWW Discard Atlas (Catchpole and Ribeiro Santos, 2014), which focus on the Celtic Sea (including VIIe, but excluding VIId) indicates that the main gill (GN1) and trammel (GT1) nets effort are from the French and English fisheries. The GN1 effort is widely spread in the Celtic sea, but most the effort is close to the English and French shore (Figure 2.1-6). Both fleets mainly target demersal species including hake and pollack (Pollachius pollachius). The French fleet also targets for crustacean species (Spider crab and common crab). Also a Spanish small fleet (only 2 vessels) target hake operated in Divisions VII j and VIIk. A pilot survey in 2006 showed a discard rate < 5%, so discards sampling programme was not focussed on gillnets. There is an important Irish gillnet fishery targeting cod in VIIe between January and March. Much of this fishery is operated by vessels under 12m. The trammel net effort (GT1) is less wide spread than the gillnet fishery and most of the effort is carried out close to the Brittany coast. The targets species for this fishery are sole, anglerfish and crustaceans (Spider crab and common crab; Catchpole and Ribeiro Santos, 2014). The North Sea Discard Atlas (Quirijns and Pastoors, 2014) described the trammel net fisheries (GT1) as operated by a number of countries and are particularly important in more coastal waters, for example off the English North Sea and Channel coasts for sole (Fig 2). The main gillnet activity (GN1) is from a Danish fishery targeted mainly at cod and plaice in the North Sea (Quirijns and Pastoors, 2014). 3 Scientific, Technical and Economic Committee for Fisheries (STECF) Landing Obligations in EU Fisheries - part 4 (STECF-14-19) Publications Office of the European Union, Luxembourg, EUR EN, JRC 93045, 96 pp. 21

22 GN1 GT1 Fig 1. Distribution of Celtic Sea international fishing effort of gill (top) and trammel (bottom) nets fisheries, in fishing hours, between 2010 and Source: STECF, 2013 Gillnets (GN1) Trammelnets (GT1) Fig 2. Distribution of North Sea, Skagerrak and Eastern Channel international fishing effort (EU) in hours fishing by ICES statistical rectangle. Figures shown for gillnets GN1 and trammel nets GT1 Note: a) that within each plot the darker the shading, the higher the effort; b) that the scales are different between the plots and so the plots should not be used to infer relative magnitude of effort between gears, but rather for examining distribution of effort (Quirijns and Pastoors, 2014) 22

23 All the vessels using nets gears in the Channel are likely to catch (and discard) undersized sole. The net fishery is subject to different European and national license systems (AEP, ANP), including one for sole (AEP) in the Western Channel, without limited entry. [Example of the French net fishery:] Approximately 175 French vessels are concerned by the net fishery and distributed in 43 French harbours according to the 2014 ObsMer report (Cornou et al. 2014). The activity of this fishery is mainly dedicated to the sole, with some fishing trips targeting other demersal fishes, rays or crustaceans. The size of the vessels ranges from 4 to 18 m, with an average of 12 m. The main mesh-size used range from 90 to 100 mm (2014 ObsMer report; Cornou et al. 2014). The nets are set during daily fishing trips, and the total length of nets set ranges from 2 km to 20 km (3-4 km in average) according to the size and the activity of the boat, and the season. Fishing operations occur in depth ranging from 5 to 50 m, with soak time lasting between 4 and 24 hours. In the North East of the Channel, a large part of the fleet also operates in the North Sea (Fig 3 and 4). In the Eastern Channel, a French national fishing authorization system has been set in 2015 for the net fishery targeting sole (> 300 kg / year; cf part III). Fig 3. Spatial distribution of the fishing operations sampled (red circle) and the total fishing effort (rectangle) in number of days-at-sea operated by the net fishery in the North Sea and the Eastern Channel (2014 ObsMer report; Cornou et al. 2014). 23

24 Fig 4. Spatial distribution of the fishing operations sampled (red circle) and the total fishing effort (rectangle) in number of days-at-sea operated by the net fishery (vessels < 15 m) in the Western Channel and Western Brittany (2014 ObsMer report; Cornou et al. 2014). UK Gill and Trammel Net fisheries During 2013 there were 497 vessels that landed sole into ports along the Channel (7d and e). The majority (466) of these vessels were under 10m inshore vessels. The remaining 31 vessels were greater that 10m in length. The total landings of sole for these vessels amounted to 439 tonnes. In the western channel 183 of the under 10m vessels landed less than 300kg of sole. The total number of operators using nets along the Channel is 812. During 2013 there were 255 UK vessels that operating GT and GN gears in VII f and g. Of these 67 vessels landed sole into UK ports. 53 of these vessels were under 10m in length and 14 over 10m in length. Total landings from this fleet came in at 3,380 tonnes with 3 tonnes of sole. This is very much a non-target sole fishery the phasing of the landing obligation means that these vessels will be subject to the landing obligation and they will face exactly the same challenges as those operating in the Channel in avoiding any juvenile sole. 24

25 2) Composition of the catches, landings and discards. According to the NWW Discard Atlas, the trammel nets (GT1) has the highest overall discard rate, but highly variable among species. Anglerfish and sole had discard rates of 15% and 0%, respectively, whereas other species such as whiting, cod, ling and hake had high discard rates, ranging from 46% to 63%. The reported data from this fishery is scarce and the discard estimates should be interpreted with care. Gillnets (GN1) are mostly operated by the French fleet and are the gear with the lowest discard rates. Most of the species have discard rates ranging from 0% and 7%, except for cod with 20% of discard rate of the average total catches. The high discard rate for cod might be related with the quota restrictions (Catchpole and Ribeiro Santos, 2014). For sole, the NWW Discard Atlas underlines that it is a high market value species with low discard rates between 2010 and 2012, with an average discard rate of 3%. This indicates the ability of fishermen to avoid unwanted sole catches (Catchpole and Ribeiro Santos, 2014). The average discard rate for sole in the Celtic Sea (including the Western Channel) is indeed very low (3%), even though only a small part of the catch comes from the Channel net fishery. The same discard rate (3%) is observed during this period in the Eastern Channel (all gear included) according to the Discard Atlas for the North Sea. [Example of the French net fishery:] The proportion of sole in the catches of the French netters targeting sole in the Channel is high (~35%), with a really low proposition of the sole catches being discarded: 2.1% (VIId and IVc) and 0.3% (VIIe) for dedicated netters; 9.7% for non-dedicated netters, but only 3% of sole in their catches (Table 1). The proportion of sole that is in the catches of all UK netters operating in the Channel is approximately 8% (439 tonnes out of 5,398). The proportion of sole that is in the catches of UK netters operating in the Celtic Sea is approximately 1%. 25

26 Table 1. Proportion of the catch discarded by species, for the French fleet using net in the Channel, according to 2013 French data (2014 ObsMer report; Cornou et al. 2014). ObsMer Métiers 2014 Nets targeting sole in Eastern Channel and the North Sea Proportion in the catches (%) Proportion of the catches discarded (%) 36.3 [ ] 2.1 [ ] 91.6 Proportion of undersize in the discards in weight (%) Nets targeting flatfish in Western Channel and Western Brittany operated by vessels smaller than 15 m 32.7 [ ] 0.3 [ ] 18.9 Nets targeting other species than sole in Eastern Channel and the North Sea 2.9 [ ] 9.7 [ ] The cause of discards for sole is predominantly related to the minimal landing size (Fig 5 and 6). Fig 5. Length structure (in number) of sole landings and discards of French netters targeting demersal species in the Eastern Channel and the south of the North Sea in % of the individuals of the 2.1% discarded are undersized (2014 ObsMer report; Cornou et al. 2014). 26

27 Fig 6. Length structure (in number) of sole landings and discards for French netters smaller than 15 m targeting demersal species in the Western Channel (and VIIh) in % of the individuals of the 0.3% sole discarded are undersized (2014 ObsMer report; Cornou et al. 2014). 3) Sorting and handling of the catches [Example of the French net fishery:] Catches of commercial sole are directly unmeshed during the haul of the nets, and sorted and stored once the net is hauled in the boat, or stock onboard and sort at the harbour. The undersized sole are release as soon as they are unmeshed. III Current management measures of the fleet The regulation (CE) N 850/98 obliges the use of a minimal mesh size of 90 mm and a catch composition rule of 70%. The minimal landing size of the sole is 24 cm. For the sole in the Western Channel, a management plan has been agreed by the EU in 2007 (Council Regulation (EC) No. 509/2007). Following the recovery of the stock in 2011 the plan has moved into the management plan phase where it aims to keep F at the target value of Fishing days by vessels and by years have been implemented. [Example of the French net fishery:] For the Sole in the Eastern Channel (VIId), a regulation has been set in 2015 in France, leading to 1) the establishment of a national fishing authorization (for vessels fishing more 27

28 than 300kg annually) accompanied by a effort capacity cap (ANP); 2) the obligation to have a VMS equipment for vessels owning an ANP to facilitate monitoring of the effort; 3) an effort regime in fishing days for netters and beam trawlers (with a reduction of 10% in 2015); 4) a limitation of the length of nets (1km per linear meter ship without prejudice to more stringent regional rules); 5) four zones to protect nurseries of sole within the 3 miles with prohibition of towed gear. The majority of the UK netters are allocated monthly catch limits by the Marine Management organisation which states the permitted levels of catches that they are entitled to make). IV Recent works on selectivity measures As mentioned above in the discard atlases, the negligible discard rate (3%) of the net fishery indicates the ability of fishermen to avoid unwanted sole catches. Improving the selectivity of static gear is then difficult. Few studies have looked at the improvement of the selectivity for sole netters, the ones done in the late 1990s showing commercial losses according to the increase of the mesh size (IFREMER, 1997). In 2014, a workshop has been organized in the frame of the selectivity project "REDRESSE" in the Bay Biscay (Annex 3), involving commercial fishermen and scientists from IFREMER. No efficient selective measures could be identified during this workshop to reduce unwanted catches, especially for sole for which unwanted catches are really low (1 to 3% of discard of undersized sole for netters of Bay of Biscay using 100 mm mesh size trammel nets (Cornou et al. 2014)). For sole, reducing the length of the nets or the soaking time will not change the percentage of undersize caught by fishing operation, as these parameters are not involved in the cause of this discard. In REDRESSE, works have been then focused on the publication of guidance for good practice (limitation of the length of the nets and of the soak times, etc.), which is expected during V Conclusion According to the fact that: - Discard of sole are really low (< 3%, mostly undersized, for the dedicated fishery), i.e. the selectivity is already really high for this species in the net fishery; - Selectivity improvement by regulatory measures to avoid the undersize will be hard to achieve without economic impacts on the revenue of the boats; 28

29 - The consumption of the sole quotas is high for some areas, and the quota uplifts remain uncertain for the stocks for which "discards are negligible"; - The landings of undersized sole will represent low amounts of catches distributed in multiple little harbours all along the coast, which severely limit the possible non-human consumption outlets. - Even if social acceptance is not an argument expected for the exemption request, the obligation to land small amounts of undersized soles known to have a survival rate above zero will be really difficult to accept for commercial fishermen, leading to a risk of severe non-compliance by the commercial fishermen in front of the landing obligation for this species and by extension for the other species; - De minimis exemptions can provide the flexibility to the fishermen to adapt their behaviour to such new regulation frame, particularly during the first years of the landing obligation implementation. A de minimis exemption of 3% is requested for the sole caught in the net fishery in the Channel. 29

30 References Catchpole, T., Ribeiro Santos, A Discard Atlas of the North Western Waters Demersal Fisheries. CEFAS, England, 118 pp. Cornou Anne-Sophie, Dimeet Joel, Tetard Alain, Gaudou Olivier, Quinio-Scavinner Marion, Fauconnet Laurence, Dube Benoit, Rochet Marie-Joelle (2014). Observations à bord des navires de pêche professionnelle. Bilan de l'échantillonnage Equipes Ressources Halieutiques et Technologie des Pêches du Centre IFREMER de Boulogne/Mer (1997). Comparaison des captures de soles au filet trémail pour les maillages 84, 90 et 100 mm dans le détroit du Pas-de-Calais. Rapport IFREMER, 45pp. Quirijns F., Pastoors, M Discard Atlas of North Sea fisheries, IMARES Wageningen UR, 84 pp. Rochet M.-J., Arregi, L., Fonseca, T., Pereira, J., Pérez, N., Ruiz, J., and Valeiras J Demersal discard atlas for the South Western Waters. 121 p. Scientific, Technical and Economic Committee for Fisheries (STECF) Landing Obligations in EU Fisheries - part 4 (STECF-14-19) Publications Office of the European Union, Luxembourg, EUR EN, JRC 93045, 96 pp. 30

31 Annex 1: ENSURE (EvaluatioN de la SURvie des REjets Evaluation of discards survival) Département Ressources Biologiques et Environnement Laboratoire de Biologie et Technologie Halieutiques Lorient. The landing obligation is one of the main issues dealt by the new Common Fisheries Policy. Article 15 indicates that all species under TAC have to be landed; however the species for which high survival rate can be demonstrated scientifically may be exempted. In such context, the ENSURE project aims at 1) identifying the species that present a potential of survival after discard, 2) determining the optimal condition of survival and 3) describing the state of discarded individuals. These objectives will be reached from observations on board of commercial vessels: the vitality of discarded individuals will be assessed as well as their reflex impairments. The experimentations carried out will enable to determine the maximum duration of emersion that can be stand without compromising the survival. Once the lethal levels will be defined, the proportion of individuals discarded according to their vitality and reflex status will be estimated. In the meantime, individuals discarded alive will be tagged. Based on the significant explanatory variables and observations made on-board, technical and operational improvements will be proposed to ensure the best survival rates. The expected results should feed the discard plans relative to the three métiers addressed by the ENSURE project: bottom trawl targeting mixed fish species in the bay of Biscay and English Chanel, twin trawl targeting Nephrops in the bay of Biscay and trammel nets targeting sole in the English Channel. The project was launched in June 2014 and will run until end beginning of

32 Annex 2: REDRESSE project AGLIA 6, rue A. Rio Lorient Portable : Fax : rimaud.aglia@orange.fr REDRESSE is a selectivity project which has been launched in 2014 for four gears used in the Bay of Biscay (bottom and pelagic trawls, Danish seine, and nets), which involved scientists from IFREMER and commercial fishermen from all along the French coast. The REDRESSE project's objective is to develop and test strategies to further reduce unwanted catches from fleets in the Bay of Biscay by experimenting with different solutions on board commercial fishing vessels (the use of selective devices, strategy changes, and spatial and temporal measurements, etc.). The idea is to find technical solutions able to improve the selective practices already in place and to reduce discards by minimising the impact on commercial catches in order to maintain the economic sustainability of fishing businesses. Presentation of the project: 32

33 (ii) De minimis exemption request for the vessels using bottom trawls < 100 mm (TR2) in the Channel (ICES area VIIde). In the context of the landing obligation for the demersal fisheries in the North Western Waters, a de minimis exemption of 7% is requested for the whiting (Merlangius merlangus) for the trawler fishery using TR2 gear (OTB, OTT, PTB, SDN, XXX) to target gadoids in the Channel (VIIde) for This exemption could be modified and completed by new elements in the near future according to the species subject to the landing obligation in this fishery in 2017 and I. Definition of the species and the stock Whiting (4-7d) 4 : For 2015, ICES advises on the basis of the EU Norway management plan that total catches should be no more than tons. If rates of discards and industrial bycatch do not change from the average of the last three years ( ), this implies human consumption landings of no more than tons ( tonnes in the North Sea and 3512 tonnes in Division VIId). Management for Division VIId should be separated from the rest of Subarea VII. The stock statuses show a stock for which F MSY, B trigger and safe biological limits are undefined. The spawning-stock biomass (SBB) has declined in recent years and is close to the minimum value of the time-series, while fishing mortality has been declining over most of the time-series. The average level of recruitment has been low since Whiting (7b, c e-k) 5 : For 2015, ICES advises based on the MSY approach that catches in 2015 should be no more than tonnes. If discard rates do not change from the average of the last three years this implies landings of no more than tonnes. Discard rate is estimated 17% in 2013 (2.5kt / 14.3kt). The stock status shows a stock harvested sustainably. SBB increased from 2008 and has been decreasing since 2011, but remains well above MSY B trigger. Fishing mortality has shown a declining trend since 2007 and has been below the F MSY proxy since Recruitment between 2010 and 2012 was below average whereas the 2013 year class is estimated to be the second highest in the series. MSY is reached, and the stock is within safe biological limits

34 II Definition of the management unit 1) Characteristics of the fishery and its activity For the Western Channel, the NWW Discard Atlas (Catchpole and Ribeiro Santos, 2014) reports that the trawlers with a codend mesh size range mm is the fishery with second highest effort in Celtic Sea (including Western Channel), accounting for 18% of the total effort. The main fishing areas are localized in ICES VIIe, close to the English and French shores (Figure 2.1-3) and in VIIg, close to the Irish shore. However, the TR2 effort is likely to be more widespread and higher than showed in the Figure The TR2 fishery in the Western Channel is mainly characterized by a mixed fishery targeting anglerfish, gadoid species and non-quota species (cuttlefish and squid), taking place in VIIe close to the English and French shore. According with the STECF data (2013), most of the TR2 effort is mainly operated by English and French vessels (Catchpole and Ribeiro Santos, 2014). Fig 1. Distribution of Celtic Sea international fishing effort of TR2 fishery, in fishing hours, between 2010 and Source: STECF, 2013 For the Eastern Channel, the NS Discard atlas described the use of TR2 fishery as more widespread than the TR1 gear (Fig 1.) and associated mainly with three fisheries, one of which is a mixed fishery taking place in the more southerly parts of the North Sea and centred on the eastern Channel in which whiting and non-quota species are important constituents. This is predominantly a French fishery. 34

35 TR2 Fig 1. Distribution of North Sea, Skagerrak and Eastern Channel international fishing effort (EU) in hours fishing by ICES statistical rectangle for TR2. Note: a) that within each plot the darker the shading, the higher the effort; b) that the scales are different between the plots and so the plots should not be used to infer relative magnitude of effort between gears, but rather for examining distribution of effort (Quirijns and Pastoors, 2014) The example of the French fishery shows that the vessels concerned by this fishery use mainly bottom otter-trawl, but can also use otter twin trawls and Danish seine. The meshsize used range from 70 to 90 mm (mainly 80 mm ; 2014 ObsMer report, Cornou et al., 2014) to fit the Cod Plan,. The fishing operations occur in depth ranging from 20 to 70 m, and last between 45min and 4 hours. Fishing trips duration are variable, from 12h to 7 days (3 days in average), depending on the size of the boats, the species targeted, the seasons, the weather forecast or even the harbour. In the North East of the Channel, a large part of the TR2 fleet also operates in the North Sea, regularly during the same fishing trips (Fig 1, 2, 3 and 4). The main target species of this mixed fishery in the Channel are non-quota species (cephalopods; Scallops, red mullet), whiting, anglerfish, megrim and also sole in some areas. These species are often spatially and temporally associated. Between 9 and 13 species constitute 80% of the catches in the VIIde (Cornou et al., 2014). During a same fishing trip, a boat can operate several métiers targeting different species, including pelagic species with pelagic gears. The UK fleet operating in the Channel (using the associated gear codes) is made up of 261 vessels. 35

36 2) Composition of the catches, landings and discards. According to the NWW Discard Atlas, TR2 are the main gear for the Nephrops fishery. The Nephrops fishery in the Celtic Sea is relatively small when compared with other areas, such as the Irish or the North Sea. This fishery has higher discard rates than the TR1, and the main discarded species are roundfish species: cod (49%), haddock (47%), plaice (38%) and whiting (33%). Spanish TR2 fishery has the same discard pattern of the other countries, with discard rates for haddock (92), hake (65%) ling (62%) (Table 3.1-9). The drivers to discard these species are quota restrictions and undersized fish. Nephrops discards estimates were only available for 2012, and although the discards of this species are known to be low, STECF data showed high discard rates, mainly derived from the Irish TR2 fleet. These estimations were classified as erroneous and removed from the tables presented in this atlas (Catchpole and Ribeiro Santos, 2014). For the French fishery, the main cause of discards for whiting in the Channel (and the North Sea) in the TR2 fishery is the minimum landing size (70% of the whiting discards in weight; Fig 5 and 6). A small portion of discards of whiting is due to market constraints (~20 %). Fig 5. Length structure of whiting landings and discards of French bottom trawlers equal or larger than 18 m and targeting demersal species in the Eastern Channel and the south of the North Sea in 2013 (Cornou et al. 2014). 77% of the whiting discard (in number) were undersized 36

37 Fig 6. Length structure of whiting landings and discards for French bottom trawlers smaller than 18 m and targeting demersal species in the West of the Eastern Channel and the south of the North Sea in 2013 (Cornou et al. 2014). 3) Sorting and handling of the catches Sorting and handling of the catches are variable according to the size of the boats. For the smallest ones (< 12 m), the sorting is generally done at the back of the vessel and the catches are stored directly on the desk in fish boxes. For medium vessels (12-18 m), catches are often sort at the back of the deck and stored in a refrigerated hold. The largest vessels (> 18 m) have often a conveyor to help the sorting of the catches. Sorting time depends on the quantity of catches, and is on average 30 min. Unwanted catches are discarded during the sorting process. Due to the age of the boats (> 20 years in average) and the costs of the adaptation, modification and improvement of the handling process are often difficult despite several attempts. III Current management measures of the fleet For the TR2 fleet, the cod management plan (regulation n 1342/2008) introduces 1) an European Fishing Authorisation; 2) a capacity ceiling and 3) an effort regime by gear category that, depending on CPUE, can penalize the increase of mesh size for TR2 to TR1 and globally limits flexibility for the fleets to change gear even if cod is only a bycatch. TR2 fleets are furthermore impacted by catch composition rule (technical measure regulation n 850/98 and regulation n 2056/2001) that will be partly removed by the omnibus regulation. Most of the TR2 fishery also operating in the North Sea keeps its regulatory square mesh panel when operating in the Channel, especially to avoid juveniles of pelagic species (horse mackerel amongst others). 37

38 For the whiting in 4-7d, a management plan was agreed by EU and Norway in 2014 based on an adjusted target F of ICES evaluated this harvest control rule (ICES, 2013d) and considered it as precautionary Minimal landing size of whiting is 27 cm in the Channel. IV Recent works on selectivity measures Several studies have been conducted since the 2000s on the selectivity measures for the TR2 fishery in the Channel and the North Sea (SELECAB 6, SELECFISH 7, SELECMER 8, FMC-NS 9, SAUPLIMOR; See Annex 1 (Vogel et al. 2015) for more details). Square mesh cylinder, articulated rigid grid and semi rigid grid have notably been tested to improve the overall selectivity of this fishery, including demersal and pelagic species. These exercises were really difficult because of the mix nature of this fishery. Indeed, results were always mixed, the decreasing of discards for one or more species (which do not save any money) leading to severe economic impacts on the others species caught (Table 2). For example, a decrease of 56% of the discards with articulated rigid grid and square mesh cylinder is accompanied by a commercial loss about 36% (vessels 18m). Moreover, some of the selective devices tested were particularly difficult to install and handle by the crew (articulate grid). No selective devices were then regulatory adopted by the TR2 fishery in the Channel, even if most of the TR2 fishery operating in the North Sea keeps its regulatory square mesh panel when operating in the Channel. 6 ; ; ;

39 Table 2 Examples of selective measures studied since the beginning of the 2000s Bottom trawlers < 18 m using TR2 Bottom trawlers 18 m using TR2 Unwanted catches Wanted catches (commercial catches) Unwanted catches Wanted catches (commercial catches) Square mesh cylinder (80 mm ; 2 m long) -59 % of whiting -29 % à -35 % flatfishes Minimal loss for whiting and cuttlefish; -14 % of squids; - 8 % to -22% of flatfishes -22 % of discards (all species) -16 % revenue (all species) Semi rigid grid (23 mm) + Square mesh panel (60 mm ; 1 m long) -21 % of discards (all species) -31 % revenue (all species) -56 % of discards (all species) -36 % revenue (all species) Articulated rigid grid. (30 mm) + Square mesh cylinder (80 mm ; 2 m long) -78 % of discards (all species) -35 % revenue (all species) Articulated rigid grid (30 mm) _ -67 % of whiting -49 % of plaice -49 % of whiting -18 % of plaice The application of the landing obligation will certainly lead to a new reflexion on the use of the selective devices previously tested, notably according to the species that the vessels will have to land. The losses of commercial catches will have to be compared to the costs of the handling of the unwanted catches / ability to continue to fish for a vessel fill range of quota species. This comparison is extremely difficult to project on the light of the change in the regulation that will occur January 1 st, 2016, in the context of the landing obligation and absence of clarity on how additional species will be added to the landing obligation in coming years. This aspect is a part of what led to develop the French project EODE 10. This study is currently ongoing in the North Sea and the Eastern Channel with the objectives to look at the adaptation of the fishing strategy of two TR2 vessels (< and > 18 m) in front of the landing obligation, and the impact of the LO onboard and inland. During the trials (2 weeks per month between October 2014 and September 2015), the vessels are in the situation of full or half-full landing obligation, and have to adapt their behaviour according to the species they want to avoid. The selective devices previously tested in the selectivity

40 studies are at their disposition. Moreover, the vessels will test new selective devices: T90 codend trawl (80-90 mm), which shows interesting results for gadoids in the Celtic Sea; but also a 90 mm and 100 mm trawl, which are actually repulsive because of the loss of effort in the frame of the Cod plan. Preliminary results should be available by the end of Finally, a new French selective study is under development by some Regional Fishing Committees in collaboration with Producers Organisations for the TR1 and the TR2 fisheries in the Western and the Eastern Channel. The beginning of this study is hoped for the fourth trimester of 2015, and will involve boats of different sizes (< and > 18 m), for preliminary results planned in the beginning of V Disproportionate costs of handling unwanted catches Few studies have previously studied what will be the economic impact of a landing obligation, especially regarding what the CFP called the "disproportionate costs" (Buisman et al. 2013, Condie et al. 2013a and b, Poseidon, 2013; See Annex 2 (Macher et al., 2015 ) for more details). It is important to notice that several scientific projects (EODE, CELSELEC, REDRESSE 11, local studies in the Channel for France) are currently ongoing for the mixed fishery, which will try to assess the economic impacts of the landing obligation at vessel and fleet levels. European "H2020" research projects (DiscardLess 12 ; MINOUW 13 ) should also bring some elements on these subjects in several years. Apart from that, general observations can emphasize the fact that the landing obligation will result in many additional costs for the fishers (as underlined by the Commission staff working paper, ), but also for Fishing Producers and harbour operators. These costs will prove most certainly disproportionate compared to the valorisation which could be made of the unwanted catches to be landed. - The TR2 fishery in the Channel is a mixed fishery financially depending on several species (gadoids, cephalopods, pelagic species, which are often spatially and temporally associated related), operating long fishing trips (~3 days in average, up to 7 days) at considerable distance from home harbours (more than 1000 km return); - The sorting and storing of the unwanted catches will increase the time of the labour by fishing operation, thus increasing the cost when the value of the catches sorted decrease, with economic impacts on the whole fishing trip;

41 - Vessels have a legally limited capacity of storage, which may be affected by the need to store unwanted catches at the expense of targeted and commercial catches; - Companies which can enhance the economic value of unwanted catches are still rare for many MS, resulting in additional costs related to the logistics of collecting these unwanted catches. Their onshore processing will be even more problematic, because landings of unwanted catches will not be regular in terms of quantity and quality and very scattered along landing points ; - Development of new market for unwanted catches will take several years before being economically effective; it will not be reasonably possible before January 1 st, 2016 Several of these aspects have been identified amongst others in the English Discard Ban Trial (Catchpole et al. 2014). In the United Kingdom a recent report produced by Seafish examined the potential for using discard fish 15. The feasibility study surveyed nine main outlets in the UK interested in utilising discards as raw materials to process into animal, pet and aqua feed; compost and organic fertilizer; frozen bait; and other products such as renewable energy generation. Most outlets stated they accepted raw material in all formats including whole fish, trimmings, ensiled or fresh, and that the majority already had sufficient processing capacity to receive discards. They also suggested that fishmeal processors would be willing to pay ~ 125 per tonne of material supplied. Ensiling and digestion would cost between 30 and 64 per tonne excluding onshore transport costs. Only two processors indicated that they may be willing to develop local solutions e.g. plants as most suggested they had sufficient processing capacity at current sites to handle potential discards. Estimates of discard quantities from English fleets, based on data from scientific observers, showed that most of the commercial outlets were not located close to the main landing ports where the discards would be likely come ashore but that infrastructure could be developed over time. In the short term however there were uncertainties about the quantities of discards that may be available. The report also highlighted the costs that vessels may face in bringing unwanted material ashore and accessing these disposal routes. The costs per vessel metier vary significantly but also the design of each vessel would be critical

42 In addition to the findings of the report, discussion between industry and UK government have noted that the gradual phasing in of the landing obligation over a period of years prevents fishermen / bulk use processors from developing the necessary cost efficiencies into any management system. This means that the act of disposal, mainly due to the storage and transport costs, remains prohibitively expensive in the short term and that those potentially willing to invest wanted to wait before committing investment. Hereafter are some examples of economic elements to take in account in the potential costs associated to the landing obligation (data from French Fisher Organisations). Profits based on price of fish for meal : from 20 /ton to 60 /ton ; Distance from landing ports to the factory : from 2 to more than 500 km; Cost of transport : 0,30 /ton/km or 280 /ton; Cost of icing of 10 to 50 /ton Cost of storage: ~ 40 /ton/day ; VI Conclusion According to the fact that: - The TR2 fishery using bottom trawls < 100 mm in the Channel is a mixed fishery financially depending on several species, operating long fishing trips (~3 days in average, up to 7 days) at considerable distance from home harbours (up km km); - A substantial proportion of the current whiting catch is discarded. Reducing the unwanted catch may take several years in the context of the landing obligation. An exemption of 7% will help the fishermen to adapt their fishing activity because improving selectivity as required by the new CFP is no trivial; - Selectivity efforts for this fishery must be addressed under the new angle of the landing obligation, in a regulatory context that should be deeply modified in the coming years. The EODE project as well as H2020 Discardless will give precious information on the way the landing obligation can be dealt by the fishermen. - De minimis exemptions can provide the flexibility to the fishermen to adapt their behaviour to such new regulation frame, particularly during the first years of the landing obligation implementation. A de minimis exemption of 7% is requested for whiting for the fishery using bottom trawls < 100 mm (OTB, OTT, PTB, DNS, XXX). 42

43 Reference Brabant J.C., Delpech J.P., Dufour J.L., Garren F., Essais d un chalut avec fenêtre à mailles carrées en mer du Nord. Rapport de contrat. Boulogne-sur-Mer, CRPMEM Nord- Pas-de-Calais/Picardie : 1-20 Buisman, E., Van Oostenbrugge, H., & Beukers, R Economische effecten van een aanlandplicht voor de Nederlandse visserij.lei-rapport ISBN/EAN : pp. Catchpole, T., S. Elliott, D. Peach, S. Mangi (2014). Final Report: The English Discard Ban Trial, Cefas report, pp65. Catchpole, T., Ribeiro Santos, A Discard Atlas of the North Western Waters Demersal Fisheries. CEFAS, England, 118 pp. Condie, H. M., Catchpole, T. L., & Grant, A. (2013a). The short-term impacts of implementing catchs quotas and a discard ban on English North Sea otter trawlers. ICES Journal of Marine Science, doi: /icesjms/fst187. pp Condie, H. M., Grant, A., & Catchpole, T. L. (2013b). Does banning discards in an otter trawler fischery create incentives for more selective fishing? Fisheries Research (148), pp Cornou Anne-Sophie, Dimeet Joel, Tetard Alain, Gaudou Olivier, Quinio-Scavinner Marion, Fauconnet Laurence, Dube Benoit, Rochet Marie-Joelle (2014). Observations à bord des navires de pêche professionnelle. Bilan de l'échantillonnage

44 Leonardi S., Rubin A., Meillat M., Coppin F., Delpech J-P., Morandeau F., Larnaud P., Selecmer Amélioration de la sélectivité des chalutiers Pêcheries multispécifiques Manche Mer du Nord, 66+62pp. Mortreux S., Minet J.P., Brabant J.C., Sauvegarde des juvéniles de plie et de morue dans le détroit du Pas-de-Calais. Rapport de synthèse TMSI/TP N : Poseidon Aquatic Resource Management Ltd. (2013). A case study review of the potential economic implications of the proposed CFP landings obligation. 55 pp. Viera A., Meillat M., Coppin F., Delpech J-P., Morandeau F., Le Garrec A., Gamblin C Amélioration de la sélectivité des chalutiers artisanaux et hauturiers travaillant en Manche Mer du Nord de façon à limiter les captures de Cabillaud. Deux rapports : Mer/Axes-de-recherche/Dynamique-des-pecheries/Projets-de-rechercheassocies/SELECCAB Weiller Y., Reecht Y., Vermard Y., Coppin F., Delpech J-P., Morandeau F., SELECFISH Amélioration de la sélectivité des chalutiers artisanaux travaillant en Manche - Mer du Nord afin de limiter leurs rejets, pp. 44

45 Annex 1: Sélectivité des chaluts de fond langoustiniers et démersaux : Etat des lieux et perspectives Annex 2: Analyse de l'impact économique de la mise en place de l'obligation de débarquement pour les chalutiers de fond : amélioration de la sélectivité, traitement des captures indésirées. 45

46 (iii) De minimis exemption request for the vessels using bottom trawls 100 mm in the Celtic Sea and the Channel (ICES areas VIIb-j). In the context of the landing obligation for the demersal fisheries in the North Western Waters, a de minimis exemption of 7% is requested for the whiting (Merlangius merlangus) for the fishery using bottom trawl gears with a mesh size equal or larger to 100 mm (gear codes : OTB, SSC, OTT, PTB, SDN, SPR, TBN, TBS, TB, SX, SV ) to target gadoids in the Celtic Sea (VIIbcfghij) and the Channel (VIIde) for This exemption could be modified and completed by new elements in the near future according to the species subject to the landing obligation in this fishery in 2017 and I. Definition of the species and the stocks The exemption covered the Celtic Sea and the Channel as the fishery in question operates in both sub-regions. Whiting (7b, c e-k) 16 : For 2015, ICES advises based on the MSY approach that catches in 2015 should be no more than tonnes. If discard rates do not change from the average of the last three years this implies landings of no more than tonnes. Discard rate is estimated 17% in 2013 (2.5kt / 14.3kt). The stock status shows a stock harvested sustainably. SBB increased from 2008 and has been decreasing since 2011, but remains well above MSY B trigger. Fishing mortality has shown a declining trend since 2007 and has been below the F MSY proxy since Recruitment between 2010 and 2012 was below average whereas the 2013 year class is estimated to be the second highest in the series. MSY is reached, and the stock is within safe biological limits. Whiting (4-7d) 17 : For 2015, ICES advises on the basis of the EU Norway management plan that total catches should be no more than tons. If rates of discards and industrial bycatch do not change from the average of the last three years ( ), this implies human consumption landings of no more than tons ( tonnes in the North Sea and 3512 tonnes in Division VIId). Management for Division VIId should be separated from the rest of Subarea VII. The stock statuses show a stock for which F MSY, B trigger and safe biological limits are undefined. The spawning-stock biomass (SBB) has declined in recent years and is close to the minimum value of the time-series, while fishing mortality has been declining over most of the time-series. The average level of recruitment has been low since

47 II Definition of the management unit 1) Characteristics of the fishery and its activity The NWW Discard Atlas (Catchpole and Ribeiro Santos, 2014) reports that "the TR1 fishery is the predominant fishery in the Celtic Sea (including VIIe, excluding VIId), with the highest fishing effort, accounting for 23% of the total effort (STECF 2013). It has a widespread distribution in the whole area, but most of the effort is exerted in ICES VII e, g and h (Fig 1). The countries that contributed with most effort were France, Spain, Ireland and UK (England). The TR1 fishery is characterized to be a mixed fishery, mainly targeting gadoid species, such as haddock (Melanogrammus aeglefinus), cod (Gadus morhua) and whiting (Merlangus merlangus) as well as anglerfishes and megrims. There is an important TR1 mixed fishery in ICES VIIj-k, mainly operated by Irish and Spanish vessels and targeting anglerfishes (Lophius spp), megrims (Lepidorhombus whiffiagonis), hake (Merluccius merluccius), haddock and whiting." Fig 1. Distribution of Celtic Sea international fishing effort of TR1 fishery, in fishing hours, between 2010 and Source: STECF, 2013 The example of the French fishery shows that the vessels concerned are distributed in approximately 45 harbours, from Bayonne (extreme south of the French Atlantic coast) to Boulogne (extreme North of the French Channel coast) with the main ports located in Brittany (Le Guilvinec, Paimpol, St Brieuc).. The size of the vessels ranges from 18 m to 38 m, with an average of 24 m. The vessels of this fishery use mainly bottom otter-trawl, but can also use otter twin trawls and paired trawls. The mesh-size used is 100 mm (2014 ObsMer report; Cornou et al. 2014), with a square mash panel of 120 mm in the codend since 2015 (100 mm before). The fishing operations occur in depth ranging from 80 to 250 m. They last between 2 and 4 hours. Fishing trips duration are variable depending of the seasons and of the weather forecast, from 5 to 15 days (~13 days in average, compared to 4-9 days for Irish fishery). During a same fishing trip, a boat can operate several métiers targeting gadoids (haddock, cod, whiting), Nephrops, anglerfish, megrim, but also non-quota species as cephalopods. These species are often spatially and temporally associated. 47

48 The UK TR1 fishery (114 vessels work the Channel and 37 in the Celtic Sea) shows that the vessels concerned are registered throughout the whole of the Channel, from Newlyn (extreme west) to Ramsgate (extreme East coast) with the main ports by way of vessel numbers located in Newlyn, Plymouth and Brixton. The size of the vessels ranges from under 10 m to approx. 30 m. The vessels of this fishery use mainly bottom otter-trawl, but can also use otter twin trawls and paired trawls. The mesh-size used is typically 100 mm and above with a square mash panel of 120 mm in the codend since 2015 (100 mm before). The fishing operations have a similar pattern to those of French vessels and are variable depending on the vessel, the seasons and of the weather forecast. During a same fishing trip, a vessel is likely to also catch anglerfish, megrim, other gadoids but also significant quantities of highly valuable non-quota species as cephalopods. These species are often spatially and temporally associated with vessels considering themselves to be part of an ultra-mixed fishery rather than having a single species focus. 2) Composition of the catches, landings and discards. The NWW discard indicates that "the main discarded species by TR1 are haddock, cod 18 and whiting with 44%, 27% and 20% of discard rate of the average total catches between 2010 and 2012, respectively (Catchpole and Ribeiro Santos, 2014)". The NWW discard atlas show that the whiting represents approximately 15% of the 10 main species landings of the TR1 fisheries by year (average ; Table 1). It considers that 20% of the whiting catches are discarded in average, which may vary according to the MS (28% (CI [15; 42]) of the whiting caught were discarded in the French fleet in 2013 (Cornou et al. 2014)). Discards of whiting in this fishery are mainly due to because of market constraints and minimal legal size. 18 The discard rate for cod increased between 2010 and 2012 resultant of the quota restrictions in the mixed fisheries and recruitment variability (Catchpole and Ribeiro Santos, 2014). 48

49 Table 1. Celtic Sea (ICES Divisions VII b, c, e, f, g, h, j, k) demersal fisheries: landings (t) and discards (t) per gear, species and year; table sorted in descending order on the average catch , top 10 species per gear. Only for average total catch equal or greater than 20 t. III Current technical measures applying to the fleet Since the beginning of the 2000 s, vessels use 100 mm diamond mesh size in codend, in order to respect catch composition rules. In order to protect juvenile of whiting, but also haddock and cod, the fleet implement a 100 mm square mesh panel in 2012 (Reg (CE) n 737/ ). In 2015, mesh size of the square mesh panel was increased to 120 mm in VIIfgj (applicable to the French fleet since 2015 January, 1st 20 and to be extend to all fleet by a European regulation during 2015), and it is expected a reduction of discard of about 25% of all Gadoids 21. Minimal landing size of whiting is 27 cm. At MS level, fishing capacity for the French fleet using bottom trawls 100 mm is limited by two national authorisation regimes (in KW): one to access the area VIIfg 22 and the other to land more than 15 tonnes of monkfish by year COMMISSION IMPLEMENTING REGULATION (EU) No 737/2012 of 14 August 2012 on the protection of certain stocks in the Celtic Sea 20 Arrêté du 4 novembre 2014 portant définition de mesures techniques dans les zones CIEM VII f, VII g et à une partie de la zone CIEM VII j (au nord de 50 nord et à l est de 11 ouest) 21 CSTEP, European Commission Request for services - Celtic Sea. Plenary meeting (PLEN 14-03). Working document 22 Arrêté du 22 juillet 2009 portant création d une licence nationale dans la zone Cabillaud mer Celtique (zones CIEM VII f et VII g) 23 Arrêté du 22 juillet 2009 réglementant la pêche professionnelle de la baudroie en zone CIEM VII 49

50 IV Recent works on selectivity measures Numerous efforts on selectivity has been recently done by the fishery concerned by this exemption request these last years. Square mesh panel 120 mm (Annex 1) In October 2011, the North Western Waters Regional Advisory Council (NWWRAC) issued advice that the current technical measures in the Celtic Sea should be improved to reduce discards, especially of haddock and whiting, by requiring the use of an appropriately positioned square-meshed panel of a specified size depending on the gear type and engine power of the vessel. In this context, STECF have undertaken an ad-hoc contract to examine the impact of potential recruitment events in the Celtic Sea and to consider the impact on cod, haddock and whiting catches that would result from particular selectivity changes based on current Union and national measures and also taking account recent recommendations from the industry of strengthening these measures. In background documents 24 preparing the STECF Plenary meeting 14-03, two scenarios were analysed : A) 120mm square mesh panel for TR1 and TR2 in all areas ; B) 120mm cod-end for vessels not targeting Nephrops (this was interpreted as the TR1 fleet). Amongst other findings, the proposed technical measures are expected to lead to a reduction in discards. Because ICES gives catch advice for haddock and whiting, a reduction in the proportion of discards implies an increase in the landings advice. For whiting, the current proportion of discards is 23%, which is expected to be reduced to 17% for both scenarios. This would result in increased landings of 6%. These increases in landings advice should compensate some of the cost of the reduction in CPUE due to the introduction of technical measures. One of the main conclusions of STECF Plenary meeting was that "Increasing the mesh size in this 9-12m panel to 120 mm for all TR1 fisheries over the entire fishing area (both east and west of 8 degrees West) would reduce to some extent the choke effect of the haddock stock for the fishery but the most effective proposed measure would be the use of 120mm diamond cod end (DMC120mm). A fairly basic analysis of the financial implications of the various options was carried out and losses implied by the reduced landings were considered fairly moderate (10% or less for the most selective measure)."

51 Following the STECF advice, the French ministry of Ecology, Sustainable Development and Energy adopted in November 4 th, 2014, a ministerial ruling 25 ordering the change of the mesh size of the regulatory square mesh panel from 100 m to 120 mm for the French TR1 and TR2 fishery. Moreover, the use of the 120 SMP in Irish TR1 and TR2 fisheries was incentivised by means of quota uplifts from September A statement from December fishery council indicates that this improvement in the selectivity must be extended to all fleet in The impact of this regulation at the fleet level will be known in 2016; no results are yet available. On-going French Selectivity Experiments : CELSELEC A French study to improve selectivity for trawlers in Celtic Sea is running since June 2014 (CELSELEC; Annex X). Selective devices are tested by vessel in commercial conditions for 12 months. Eight vessels targeting benthic species, gadoids or Nephrops in Celtic Sea and Western Channel are involved in the scientific program. According to a protocol from Ifremer, observers sample catches on board at a frequency of one trip by trimester for each vessel. The use of twin trawls allows a direct comparison in the catches composition between a standard and the trawl equipped with the selective device. Three main selective devices are being tested: T90 mesh in codend : netting turned to 90 degrees 25 Arrêté du 4 novembre 2014 portant définition de mesures techniques dans les zones CIEM VII f, VII g et à une partie de la zone CIEM VII j (au nord de 50 nord et à l est de 11 ouest) 51

52 100 mm square mesh cylinder Sorting grid for anglerfish The study is not finished yet. Nevertheless, preliminary results show an important improvement of the selectivity, especially for the T90 for which discards are reduced by 65% in average. Escapement seems very high for haddock juveniles, whiting, horse mackerel, and boarfish (Fig 2). The final results are waited between the end of 2015 and the beginning of

53 Fig 2. Preliminary comparison of whiting discards in weight between standard and T90 trawl trials. Ongoing Irish Selectivity Experiments : BIM trials BIM in Ireland have been conducting trials with 120mm SMP and 120mm cod-ends in 2014 in the Celtic Sea. Further trials are planned in 2015 to investigate the optimum placement of the SMP in relation to the cod-end with the specific objective of minimising the catches of small whiting and haddock. Selectivity should efficiently improve these next years thanks to the numerous efforts recently done by the TR1 fishery in the Celtic Sea and in the Channel. These efforts underline the will to reduce their unwanted catches. Nevertheless, time will be needed to evaluate the effective results of the selective measure recently adopted (SMP 120 mm) and the ones which will probably follow the selectivity projects at the fleet level. V Disproportionate costs of handling unwanted catches Few studies have previously studied what will be the economic impact of a landing obligation, especially regarding what the CFP called the "disproportionate costs" (Buisman et al. 2013, Condie et al. 2013a and b, Poseidon, 2013; See Annex 2 (Macher et al., 2015 ) for more details). It is important to notice that several scientific projects (EODE 26, CELSELEC,

54 REDRESSE 27, local studies in the Channel) are currently ongoing for the mixed fishery in France, which will try to assess the economic impacts of the landing obligation at vessel and fleet levels. European "H2020" research projects (DiscardLess 28 ; MINOUW 29 ) should also bring some elements on these subjects in several years. Apart from that, general observations can emphasize the fact that the landing obligation will result in many additional costs for the fishers (as underlined by the Commission staff working paper, ), but also for Producers Organisations and harbour operators. These costs will prove most certainly disproportionate compared to the valorisation which could be made of the unwanted catches to be landed. 1. The fishery using bottom trawls 100 mm in the Celtic Sea and the Channel is a mixed fishery financially depending on several species (whiting, haddock, cod, anglerfishes, megrims, Nephrops, cephalopods, which are often spatially and temporally associated related). French vessels have long fishing trips (~13 days in average for the French fleet) at considerable distance from home harbours (up to km return). Irish vessels tend to have trip durations around 4-9 days mainly; 2. The sorting and storing of the unwanted catches will increase the time of the labour by fishing operation, thus increasing the cost when the value of the catches sorted decrease, with economic impacts on the whole fishing trip; 3. Vessels have a legally limited capacity of storage, which may be affected by the need to store unwanted catches at the expense of targeted and commercial catches; 4. Companies which can enhance the economic value of unwanted catches are still rare in France and Ireland, resulting in additional costs related to the logistics of collecting these unwanted catches. Their onshore processing will be even more problematic, because landings of unwanted catches will not be regular in terms of quantity and quality and very scattered along landing points ; 5. Development of new market for unwanted catches will take several years before being economically effective; it will not be reasonably possible before January 1 st,

55 Several of these aspects have been identified amongst others in the English Discard Ban Trial (Catchpole et al. 2014). In the United Kingdom a recent report produced by Seafish examined the potential for using discard fish 31. The feasibility study surveyed nine main outlets in the UK interested in utilising discards as raw materials to process into animal, pet and aqua feed; compost and organic fertilizer; frozen bait; and other products such as renewable energy generation. Most outlets stated they accepted raw material in all formats including whole fish, trimmings, ensiled or fresh, and that the majority already had sufficient processing capacity to receive discards. They also suggested that fishmeal processors would be willing to pay ~ 125 per tonne of material supplied. Ensiling and digestion would cost between 30 and 64 per tonne excluding onshore transport costs. Only two processors indicated that they may be willing to develop local solutions e.g. plants as most suggested they had sufficient processing capacity at current sites to handle potential discards. Estimates of discard quantities from English fleets, based on data from scientific observers, showed that most of the commercial outlets were not located close to the main landing ports where the discards would be likely come ashore but that infrastructure could be developed over time. In the short term however there were uncertainties about the quantities of discards that may be available. The report also highlighted the costs that vessels may face in bringing unwanted material ashore and accessing these disposal routes. The costs per vessel metier vary significantly but also the design of each vessel would be critical. In addition to the findings of the report, discussion between industry and UK government have noted that the gradual phasing in of the landing obligation over a period of years prevents fishermen / bulk use processors from developing the necessary cost efficiencies into any management system. This means that the act of disposal, mainly due to the storage and transport costs, remains prohibitively expensive in the short term and that those potentially willing to invest wanted to wait before committing investment. Hereafter are some examples of economic elements to take in account in the potential costs associated to the landing obligation (data from French Producers Organisations). Profits based on price of fish for meal: from 20 /ton to 60 /ton ; Distance from landing ports to the factory: from 2 to 450 km; Cost of transport: from 0,30 to 0.50 /ton/km, or 280 /ton; Cost of icing: ~ 10 /ton Cost of storage: ~ 40 /ton/day;

56 VI Conclusion According to the facts that: - The fishery using bottom trawls 100 mm in the Celtic Sea and the Channel is a mixed fishery financially depending on several species, operating long fishing trips at considerable distance from home harbours; - A substantial proportion of the current whiting catch is discarded. Reducing the unwanted catch may take several years in the context of the landing obligation. An exemption of 7% will help the fishermen to adapt their fishing activity because improving selectivity as required by the new CFP is no trivial; - Efforts to increase selectivity in the fishery are ongoing. The 120 mm square mesh size panel has recently been introduced by Ireland and France and the results of further experiments will be available soon (CELSELEC, BIM trials). The concrete results at the scale of the fleet will be known in the coming years, even if the total elimination of discards by selectivity measures remains optimistic; - De minimis exemptions can provide the flexibility to the fishermen to adapt their behaviour to such new regulation frame, particularly during the first years of the landing obligation implementation. A de minimis exemption of 7% for whiting is requested for the fishery using bottom trawl gears with a mesh size equal or larger to 100 mm (gear codes : OTB, SSC, OTT, PTB, SDN, SPR, TBN, TBS, TB, SX, SV ) in Celtic Sea and Channel. 56

57 References: Arrêté du 4 novembre 2014 portant définition de mesures techniques dans les zones CIEM VII f, VII g et à une partie de la zone CIEM VII j (au nord de 50 nord et à l est de 11 ouest) Buisman, E., Van Oostenbrugge, H., & Beukers, R Economische effecten van een aanlandplicht voor de Nederlandse visserij.lei-rapport ISBN/EAN : pp. Catchpole, T., Ribeiro Santos, A Discard Atlas of the North Western Waters Demersal Fisheries. CEFAS, England, 118 pp. Catchpole, T., Mangi, S Utilising discards not destined for human consumption in bulk uses. CEFAS, England, 51pp. Commission staff working paper Impact assessment accompanying Commission proposal for a Regulation of the European Parliament and of the Council on the Common Fisheries Policy [repealing Regulation (EC) N 2371/2002]. Condie, H. M., Catchpole, T. L., & Grant, A. (2013a). The short-term impacts of implementing catchs quotas and a discard ban on English North Sea otter trawlers. ICES Journal of Marine Science, doi: /icesjms/fst187. pp Condie, H. M., Grant, A., & Catchpole, T. L. (2013b). Does banning discards in an otter trawler fischery create incentives for more selective fishing? Fisheries Research (148), pp Cornou Anne-Sophie, Dimeet Joel, Tetard Alain, Gaudou Olivier, Quinio-Scavinner Marion, Fauconnet Laurence, Dube Benoit, Rochet Marie-Joelle (2015). Observations à bord des navires de pêche professionnelle. Bilan de l'échantillonnage Poseidon Aquatic Resource Management Ltd. (2013). A case study review of the potential economic implications of the proposed CFP landings obligation. 55 pp. 57

58 Scientific, Technical and Economic Committee for Fisheries (STECF) 47th Plenary Meeting Report (PLEN-14-03) Publications Office of the European Union, Luxembourg, EUR EN, JRC 93037, 138 pp. Scientific, Technical and Economic Committee for Fisheries (STECF) European Commission Request for services - Celtic Sea, XXX, 30 pp. 58

59 Annex 1: Square mesh panel 120 mm Working document to STECF SG13-01 meeting In October 2011, the North Western Waters Regional Advisory Council (NWWRAC) issued advice that the current technical measures in the Celtic Sea should be improved to reduce discards, especially of haddock and whiting, by requiring the use of an appropriately positioned square-meshed panel of a specified size depending on the gear type and engine power of the vessel. This advice was implemented in regulation EU Number 737/2012. The European Commission has requested the STECF Plenary meeting (8-12th of april 2013) to do get preliminary information of the efficiency of the square mesh panel implemented in the Celtic Sea fisheries. The conclusion of the STECF Plenary meeting were that for both haddock and whiting, the number of small fish in the catches (and discards) have been substantially reduced in the second semester of 2012 in comparison to the previous years. However it was difficult to draw firm conclusions on the full effect of the square mesh panel in this reduction. The comparison with the EVHOE data was a first attempt to discriminate this change from the change linked to the magnitude of the recruitment. But other factors have to be taken into account to properly explain if the observed change in 2012 such as changes in fishing strategy (fishing areas, vessels, fishing gears). More investigations are therefore needed and more data needs to be available before concluding on the actual efficiency of the square mesh panel. During its Plenary meeting (10-14 November 2014), STECF have undertaken an ad-hoc contract to examine the impact of potential recruitment events in the Celtic Sea and to consider the impact on cod, haddock and whiting catches that would result from particular selectivity changes based on current Union and national measures and also taking account recent recommendations from the industry of strengthening these measures. In this context STECF are asked to consider the effectiveness of measures under Regulation (EU) 737/2012 and the proposal from the European Association of Producer Organisation's (EAPO) which contains specific measures to increase the 120mm square mesh panel for the TR1 and TR2 fleet operating in areas west of 8 degrees. In addition, there are also national proposals to apply the proposed increased increase in panel mesh size across the entire Celtic Sea. Namely, EAPO proposals stipulate that French vessels would fit a square mesh panel of increased mesh size in the entire area where regulation 737/2012 applies. However, this remains to be adopted via national measures. STECF are also asked to consider the implications of this measure. 59

60 STECF conclusions of its Plenary meeting are presented hereafter These different analyses provide a coherent picture of the situation of the Celtic Sea gadoid fisheries in 2015 that can be broadly summarised as follows: The three gadoid stocks (cod, whiting and haddock) are largely associated across most of the fishing area, and the possibilities for spatial decoupling are limited; therefore, decoupling must primarily be envisaged through selectivity improvements. Fishing mortality is currently highest for haddock with regard to FMSY target, and the required F reductions for this stock (-55%) make it the most limiting stock for the fishery in 2015 under current selectivity patterns; The Commission has proposed an equivalent 55% reduction of F2015 for cod, in order to limit the risks of overquota catches of haddock in the mixed fishery. This would imply a fishing mortality for cod well below FMSY, and significant amount of foregone yield. Improved escapement of haddock (all ages) could reduce this choke effect to some extent, and warrant the exploitation of the cod stock closer to its FMSY target. This situation of unbalance in the fishing opportunities for the various stocks is being worsened by the perspective of large incoming recruitment. Anecdotal evidence is pointing out towards a recruitment pulse in the 2013 year class of both cod and haddock, much higher than the average recruitment levels currently assumed in the ICES advice. This year class has already recruited in the haddock fishery at age 0 in 2013, and is now recruiting in the cod fishery at age 1 in For both stocks, this year class will make a significant contribution to the catches in Under the low TACs currently proposed for 2015, high levels of discarding can be anticipated. High discarding may limit the future contribution of these large year-classes to the SSB of both stocks. This situation will also create additional difficulties for the implementation of the landings obligation in Consequently, the scientific advice for 2015 should be updated as soon as the latest survey data are available, accounting for increased recruitment but assuming unchanged selectivity 60

61 patterns. The report of the ad-hoc contract has already provided catch options for a range of possible recruitment scenarios, paving the way for a rapid update process. The gear currently used by TR1 fleets includes a 100mm SMP located 9-12 m ahead of the codend, which itself has a minimum mesh size of 100mm. Increasing the mesh size in this 9-12m panel to 120 mm for all TR1 fisheries over the entire fishing area (both east and west of 8 degrees West) would reduce to some extent the choke effect of the haddock stock for the fishery but the most effective proposed measure would be the use of 120mm diamond cod end (DMC120mm). A fairly basic analysis of the financial implications of the various options was carried out and losses implied by the reduced landings were considered fairly moderate (10% or less for the most selective measure). The additional gear trials undertaken by the UK provides additional information on a range of alternative measures intended to improve selectivity of the fishery. According to these trials, when accounting for the loss of marketable fish, and the changes in selectivity towards haddock, the design incorporating a 100mm square-mesh panel in the code-end (BACOMA) was the most effective design tested in the UK trials. A square mesh panel of mesh size of 155mm in a position that is effective for releasing haddock near to the cod-end resulted in the considerable loss of marketable fish. STECF notes that these results are not directly comparable to the selectivity simulations presented in the ad-hoc contract. It would require translating the catch comparison data provided into alternative selectivity ogives, and including them into the catch forecast simulation, to allow for a full comparison. It was not possible to do this additional comparison during STECF. Therefore, it is not possible to compare the effects of the 100 SMP in the cod end (BACOMA) presented in the UK trial with those of the 120mm diamond cod end from the ad-hoc study. Major changes in selectivity will impact FMSY, and it might be necessary to update reference points to avoid unintended increase of fishing mortality on the older ages if F on the younger F decreases. 61

62 Annex 2: Analyse de l'impact économique de la mise en place de l'obligation de débarquement pour les chalutiers de fond : amélioration de la sélectivité, traitement des captures indésirées (Macher et al. 2015). PDF 62

63 (iv) De Minimis proposal for TR2 vessels targeting mixed demersal finfish in the Celtic Sea 1. Request A request for the maximum de-minimis exemption for Whiting caught in ICES Area VIIb-k otter trawl fisheries based on technical difficulty in improving selectivity of whiting below the MCRS (Minimum Conservation Reference Size) is sought. This is due to potential losses on other target species in a highly complex multi-species fishery. Improvements in selectivity using existing means such as increases in mesh size are considered unachievable without significant economic impact. The percentage should be subject to review and monitoring on an ongoing basis. 2. Introduction The Irish TR2 fleet operating in the Celtic Sea can be broadly split into vessels primarily targeting Nephrops and those targeting a broad mix of finfish species. TR2 vessels belonging to the Nephrops metier are defined as those where Nephrops landings contribute greater than or equal to 30% of the overall catch. This metier will be obliged to land all Nephrops catches from 2016 onwards. Based on landings from 2012 to 2014, overall 146 vessels are engaged in the TR2 fisheries in the Celtic Sea. Of these, 88 vessels belong to the TR2 Nephrops metier, with the remaining 58 belonging to the TR2 mixed finfish metier (>25% gadoids). In addition up to 18 vessels have been shown to have 30% Nephrops and 25% gadoids, meaning that these vessels will be obliged to land all catches of Nephrops and whiting. Currently, mesh sizes less than 100mm may be used provided that (i) Nephrops landings are greater or equal to 30%/35% of the overall landings or (ii) provided that the catch composition comprises of more than 70% of common sole, plaice, megrim, whiting, brill, white Pollack, lemon sole, dogfish, witch, John dory, queen scallop, monkfish, rays, turbot and grenadiers. The Irish TR2 mixed finifish metier target these species to varying degrees (whilst maintaining the overall 70% threshold) and a number of other species including Nephrops (<30%). There were 34 UK vessels operating TR2 gears in the Celtic Sea in 2013 landing a similarly broad range of commercial finfish species. 63

64 Figure 2-1 Relative contribution by weight and revenue of key TAC species for the Irish TR2 fleet operating in the Celtic Sea. 64

65 Figure 2-2. Comparison of the relative importance of Nephrops by weight (upper figure) and by value (lower panel) to Irish vessels operating in the Celtic Sea ( ) It is noted that for the majority of the TR2 fleet, Nephrops forms a very important component of the overall revenue. Figure 2-2 shows that while Nephrops contributes a moderate contribution overall landings (upper figure), albeit with a high degree of variability, given the high unit value of Nephrops (ca. 5,000/tonne) relative to fish (ca. 2,500/tonne) this species makes up a disproportionate amount of the overall revenue (lower figure), this shows that for vessels where Nephrops catches constitute 25 and 35% of the overall landing in weight, the significance of these landings in terms of revenue is much 65

66 higher representing 50-60% of the overall revenue associated with demersal fleets (all gears) operating in the Celtic Sea. Technical difficulties in improving selectivity As noted by STECF (EWG 13-16), the conditionality stipulated in article 15.2.c.ii: improvements in selectivity are considered to be very difficult might firstly be interpreted as a technical restriction in that the gears cannot be improved to become more selective. EWG considered that on purely technical grounds there were numerous ways in which gears or spatial distribution of fishing could be used to avoid unwanted fish. The basic problem for fishermen in relation to selectivity, however, is that any change in fishing practices is likely to lead to a change in their economic performance, either by leading to lower revenues and or increased costs. This is particularly the case when applying more selective fishing gear to avoid by-catch. In several cases this may not only reduce unwanted catches, but it may also reduce wanted by-catch. So it is more likely to be the economic implications of improving selectivity (lower revenues and/or higher costs) rather than a technical issue that leads to difficulty. EWG considered that the current revenue to break even revenue ratio was potentially an, betappropriate indicator to use in this scenario. The ratio shows how close the current revenue of a vessel or fleet is to the revenue required for the to break even from an economic point of view. If the ratio is greater than 1, then enough income is generated to cover operational costs and therefore break-even. If the ratio is less than 1, insufficient income is generated to cover operational costs and therefore the vessel or fleet is in a loss making situation indicating that the segment is unprofitable. If the ratio is negative, variable costs alone exceed current revenue, indicating that the more revenue is generated, the greater the losses will be. A general lack of metier specific economic data as well as a lack of selectivity data for a number of key species landed in the fishery makes the application of the proposed method problematic. However, it can be anticipated that in order to reduce catches of whiting <MCSR there will be some reductions in landings of a number of species (particularly Nephrops, sole, lemon sole and megrim). While size selection of whiting can be improved through a range of technical measures, it is unlikely that these will fully eliminate catches of whiting <MCRS particularly in mixed species fisheries. There are a number of technical measures that can be applied in the TR2 Nephrops fishery including square mesh panels, SELTRA trawls, Swedish grids and increases in mesh size (ICES, 2004). However, these have limitations, particularly for small whiting. Swedish grids for example are effective for the exclusion of larger fish (ca. >25cm) but the bar spacing typically used to allow for the passage of Nephrops (35mm) also allow permit small fish to pass through the bars (Valentinson et al 2008). While square mesh panels 66

67 have been shown to effectively reduce the retention of small fish, they are not fully effective and this has been shown to be seasonally dependent (O Neill et al, 2004). Species selective gears introduced in the Irish Sea Nephrops fishery (SELTRA trawl, 300mm square mesh panel, inclined separator trawls and Swedish Grids) have been shown to effectively reduce by-catches of cod and haddock, but despite their wide scale use across the fishery, discards of whiting remain very high (ca. 90%) it is considered that due to the small size of whiting (ca. <20cm) that these fish are unable to use the active escape behaviour required due to exhaustion and tiring associated with herding and general catching process associated with towed demersal gears (Breen et al, 2004). With the currently available tools, it is likely that increases in minimum mesh size or alterations in mesh geometry (e.g. square mesh cod-ends) will offer the most effective mechanism to reduce catches of whiting <MCRS. However, this is likely to lead to reductions in catches of marketable fish and Nephrops. Given the general paucity in selectivity and metier specific economic data noted above, two plausible scenarios are presented below which show the potential loss in revenue of (i) a 20% reduction in landings of Nephrops (Figure 2-3) and; (ii) a 10% reduction in landings of Nephrops, sole, megrim and whiting (Figure 2-4). It is not possible at this stage to predict the responses of the TR2 fleet to the Landing Obligation and how these may result in an adjustment of the current species specific exploitation pattern, but it is unlikely that such adjustments will evolve quickly enough to meet the joint objectives of minimising unwanted catches of whiting and Nephrops whilst maintaining revenues at levels where individual businesses remain viable without some level of permissible discarding. This will be even more challenging for vessels that are obliged to retain and land catches of both Nephrops and whiting as this will require multiple adaptations. Figure 2-3 Reduction in revenue associated with a 20% reduction in Nephrops landings 67

68 Figure 2-4 Reduction in revenue associated with a 10% reduction in landings of sole, whiting, Nephrops and megrim. The recent trends in net profits for both the IRE DTS 12-18m and IRE DTS 18-24m fleet segments have been moderate to poor in recent years (Figure 2-5 & Figure 2-6). It is therefore anticipated, given the scenarios presented above that any substantive reductions in landings will compound this weak performance even further and therefore presenting a situation that selectivity will be very difficult to achieve in the short term from an economic perspective. Figure 2-5 Recent terns in economic indicators for the IRE DTS 18-24m fleet segement 68

69 Figure 2-6 Recent terns in economic indicators for the IRE DTS 12-18m fleet segement Draft data for the 2015 Annual Economic Report shows that profitability in the 12-18m and the 18-24m DTS fleet segments have been weak or reasonable respectively. Initial analysis of the2014 economic data, to be reported in 2016, shows that the situation has deteriorated despite ongoing low fuel costs. Combined, these vessel length categories are associated with 62% of the overall Irish landings in the Celtic Sea (aggregate ) and are therefore economically highly significant in relation to the overall Irish demersal fisheries Figure 2-7). Figure 2-7. Economic significance of the IRE DTS 12-18m and IRE DTS 18-24m fleet segment relative to all landings associated with demersal gears. 69

70 Additional losses of marketable catches associated with substantive improvements in selectivity to reduce catches of whiting or Nephrops <MCRS will exacerbate this weak economic position further and is therefore likely to result in current revenue to break even revenue ratio falling below 1 for individual businesses. 3. Conclusion Given the high level of diversity and a reliance on species such as Nephrops and other species for which a smaller mesh size is warranted e.g. common and lemon sole, megrim. In practice this means that it is not possible to currently identify methods (e.g. increases in mesh size) that would reduce the capture of whiting below the current minimum size without having potentially negative impacts on the retention of high value species such as Nephrops. Further development of measures that are appropriate for highly-mixed fisheries is required. De minimis levels will be reviewed in light of adaptations to reduced unwanted catches of both Nephrops and whiting in the Celtic SeaTR2 fishery. References Breen, M., Dyson, J., O Neill, F. G., Jones, E., and Haigh, M. Swimming endurance of haddock (Melanogrammus aeglefinus L.) at prolonged and sustained swimming speeds, and its role in their capture by towed fishing ears. d ICES Journal of Marine Science, 61: 1071e1079 Fryer, R. J., O'Neill, F. G. and Edridge, A. (2014), A meta-analysis of haddock size-selection data. Fish and Fisheries ICES The Nephrops fisheries of the Northeast Atlantic and Mediterranean A review and assessment of fishing gear design. ICES Cooperative Research Report, No pp. D. Valentinsson and M. Ulmestrand (2008), Species-selective Nephrops trawling: Swedish grid experiments, Fisheries Research, Volume 90, Issues

71 (v) Presentation of evidence in support of a 7% De minimis for Nephrops in Western Waters (ICES area VII) Technical and economic difficulties in reducing unwanted Nephrops catches. (i) Introduction Under Article 15(4)(c) of EU Regulation 2013 No.1380 the landing obligation shall not apply to catches falling under a de-minimis exemption. Article 15(5)(c) states that de-minimis exemptions of up to 5% of total annual catches of all species subject to the landing obligation shall apply: i. where scientific evidence indicates that increases in selectivity are very difficult to achieve; or: ii. to avoid disproportionate costs of handling unwanted catches. This paper presents the case for a de-minimis exemption in relation to small Nephrops below the MCRS caught in the Nephrops fishery in ICES Area Vll. Typically, discard rates of for Nephrops in ICES area VII range from 20 to 30% depending on functional unit and overall market preferences. Clearly, this is undesirable and reducing discards would provide stock benefits by reducing fishing mortality and also reduce onboard sorting which is generally labour intensive. Macher et al, show that a better exploitation pattern would benefit fisheries that have high level of discards. Reducing noncommercial Nephrops discards leads to positive net present values of rent with better value realized from the production potential and limited short-term losses for the fishing units. However, achieving such improvement in practice is problematic. Here we present a case for a de minimis exemption on the basis that scientific evidence indicates that increases in selectivity are very difficult to achieve and following on from the STECF (EWG 13-16) interpretation of this article, that in practice, we demonstrate that significant improvements are not possible with the currently available tools without incurring significant losses of marketable catch. (ii) Improving size selection in Nephrops trawls While size selection of Nephrops is an important topic, this area of research has received comparatively little attention in recent years. To date, the majority of selectivity research has focussed on reducing finfish by-catch rather than improving size selectivity, for example under the pan European EU project NECESSITY, as well as national initiatives to reduce cod by-catch for effort by-back/exemptions. A range of scientific studies have examined 71

72 selectivity for Nephrops in Nephrops trawls, mainly by increasing the diamond mesh size. These have found that increases in selectivity are difficult to achieve or if achieved result in significant losses of marketable larger Nephrops as well as smaller Nephrops. (Briggs, 1984; Polet and Redant, 1986) ICES (2007) note that the selection of Nephrops is not consistent, with some hauls showing a typical S -shaped or logistic curve of proportion retained against carapace length while others show little or no indication that retention is a function of length i.e. a constant proportion captured over the whole range of lengths. Unlike finfish, Nephrops tend not to swim actively towards meshes and may be more dependent on passive escape. Escape can be impeded by their shape and appendages, which can hook onto meshes or other animals in the trawl. The Scientific Technical and economic Committee for Fisheries report of 2008 (SGMOS-08-01) reviewed several scientific publications on reducing Nephrops discards. They stated that some gear trials comparing different diamond-net mesh sizes have demonstrated that an increase in mesh size does not generally affect the selection range for Nephrops, but can reduce retention across the length range. Consequently, there is little difference in the catch composition, only in catch numbers. When mesh size becomes large enough to release small Nephrops, larger Nephrops are also lost resulting in significant economic loss. The ICES workshop on Nephrops selectivity (WKNEPHSEL, 2007) undertook a met-analysis of all the available selectivity data and found that for traditional diamond mesh cod-ends, increasing cod-end mesh size resulted in a very slight increase in L50 indicating that selectivity (i.e. selection range) is very flat. Figure ii-1 Relationship between L50 and mesh size for Nephrops from the meta-analysis of Nephrops selectivity data undertaken dueing WKNEPHSEL (2007) Figure ii-1 shows that for a diamond mesh cod-end the length at 50% capture in diamond mesh cod-ends does not change significantly between 55mm and 95mm. In practice this means that while increases in diamond mesh size may offer some limited scope to reduce Nephrops discards, the lack of steepness of the selection curve means that any substantive 72

73 increase in mesh size, which would be required to reduce discards in any significant way, will also result in a significant loss of legal-sized catch. This is illustrated in the example below. Figure ii-2 Predicted selection ogives for mesh sizes 70 to 100mm using the parameters derived from the WKNEPHSEL model. To illustrate the above points we apply the selectivities associated with four different diamond mesh sizes [70, 80, 90 and 100mm] (Figure ii-2) derived from the WKNEPHSEL (2007) selectivity model and apply these to a Nephrops population obtained from survey data. Figure ii-3. Nephrops population from the Irish UWTV beam trawl stations from 2002 to The population (Figure ii-3) is from the Aran grounds (FU17, ICES area VII) which have been obtained from the small mesh beam trawl survey used as part of the annual survey ( ) UWTV survey. This then allows us to assess the potential changes in catches of Nephrops above and below the current MLS of 20mm. 73

74 Figure ii-4 Predicted impact on retention of Nephrops for four different mesh sizes (70, 80, 90 and 100). Figure ii-4 shows that when mesh size is increased from 70 (blue line) to 80mm (red line), it would result in little or no change in the number of small (~ 10 20mm) Nephrops retained, but would also result in greater losses of larger Nephrops, particularly those between 25 and 33mm. As mesh size is increased, the losses of Nephrops >MLS become more and more substantial. Mesh Size 70mm 80mm 90mm 100mm Catch in Number Catch/Population (Num) 74% 70% 65% 60% Catch >MLS Discards <MLS % Reduction <MLS ( from 70mm) 2% 4% 6% % Reduction >MLS (from 70mm) 6% 12% 20% % Reduction <MLS (from 80mm) 2% 4% % Reduction >MLS (from 80mm) 7% 15% Table ii-1 Predicted impacts on catches of Nephrops above and below MLS (20mm) associated with increases in mesh size of 90 and 100mm for the existing 70mm or 80mm currently used. NB 70mm is typically used by single rig vessels and 80mm by multi-rig vessels Table ii-1shows the predicted changes in the retention of Nephrops above and below MLS associated with the range of mesh sizes. Vessels tend to use either 70mm or 70-79mm depending on the fishery and gear type (single or multiple gears). This shows that increasing mesh size has a disproportionate impact on the numbers of Nephrops >MLS in comparison to Nephrops less than MLS. For example, increasing mesh the mesh size to 100mm from 70mm is predicted to result in a 20% loss of marketable Nephrops, while only reducing the retention of Nephrops below MLS of only 6%. Increasing the mesh size from 80 to 100mm 74

75 would result in only a 4% reduction in Nephrops <MLS while resulting in a 15% reduction in Nephrops >MLS. It is also important to note that the relative difference between losses of marketable Nephrops with reductions in Nephrops below MLS increases with increasing mesh size. (iii) Socio-economic impact As noted above, any substantial changes in mesh size to significantly reduce the levels of undersize Nephrosp caught would likely result in substantial losses of marketable Nephrops in all fisheries in ICES area VII. A particular concern in the Irish Sea is that the average size of Nephrops is lower than elsewhere. This may be due to the higher density of Nephrops found there than in other Functional Units (FU), in particular the high densities observed in FU 15. Studies in the Irish Sea (Briggs et al, 1999) showed that catch rates of Nephrops of all sizes of Nephrops below 30mm carapace reduced when increasing mesh size from 70 to 80mm. Therefore marketable Nephrops between 20 and 29mm will be lost as mesh size increases. In many cases, the catching and processing sectors have developed their businesses to adapt to smaller Nephrops. Most nephrops landed by the UK (Northern Irish) fishing fleet are tailed and used as the basis of breaded scampi products. Larger tails are used in whole tail scampi whilst a substantial market and technology has been developed for a reformed tail scampi product utilising smaller tails. As these businesses are heavily dependent on prawns in the size range mm carapace length, significant losses will result from increasing mesh size to try to reduce Nephrops that are below 20mm carapace length. (iv) Conclusion While it may be technically possible to reduce the catches of unwanted Nephrops, from an economic perspective this is not viable, as the currently available tools, if applied would certainly result in business falling below economic break-even which has been suggested by STECF as an appropriate metric to determine whether a given solution is technically very difficult or not (in line with the basic regulation). While it would be desirable to follow the opinion of STECF through determining the economic impact i.e. use of the Break Even Revenue Indicator to ascertain whether such losses would be economically sustainable or not, given that economic data is aggregated at the resolution of gear and vessel length i.e. no consideration of the target species, it is not possible to undertake such an analysis. However, given that current technical approaches are unlikely to result in substantial reductions in catches of Nephrops <MLS without incurring losses (ca. 4 times) of marketable 75

76 Nephrops, it is argued that potential increases in selectivity, using currently available tools, to reduce unwanted catches to any substantial degree would be economically unviable for the fleet. While there are a number of examples of technical devices that have been or are being developed, further work is required, in particular research into the optimal mesh size for square mesh cod-ends has been given priority by the Irish Sea Fisheries Board (BIM) as well as investigations into other devices such as flexible grids which have been previously tested in the Bay of Biscay. It is worth noting that the majority of research surrounding Nephrops trawl fisheries has focussed on reducing finfish by-catch rather than improving size selectivity. While moderate increases in mesh size or mesh orientation (e.g. square mesh codends) may offer some scope to reduce Nephrops discards, they are unlikely to result in rates being reduced to very low levels. Given that improvements in selectivity in the short term are likely to be difficult to achieve without losses of marketable Nephrops there is a justifiable case for a de minimis exemption of 7% of the Area VII TAC for This figure can and will be reviewed as necessary. R.P. Briggs et al The consequences of an increase in mesh size in the Irish Sea Nephrops fishery: an experimental approach, Fisheries Research 40(1) pp Scientific, Technical and Economic Committee for Fisheries -Report of the SGMOS Working Group on the reduction of discarding practices. Claire Macher, Olivier Guyader, Catherine Talidec, Michel Bertignac, A cost benefit analysis of improving trawl selectivity in the case of discards: The Nephrops norvegicus fishery in the Bay of Biscay, Fisheries Research, Volume 92, Issue 1, July 2008, Pages ICES (2007)Report of the Workshop on Nephrops Selection (WKNEPHSEL) ICES Fisheries Technology Committee. ICES CM 2007/FTC:01 REF. ACFM Scientific, Technical and Economic Committee for Fisheries (STECF) Landing obligation in EU fisheries (STECF-13-23) Publications Office of the European Union, Luxembourg, EUR EN, JRC 86112, 115 pp. 76

77 (vi) Application for a De Minimis exemption for undersized Nephrops in the West of Scotland Fishery Request A request for the maximum de-minimis exemption for Nephrops Norvegicus caught in ICES Area VIa otter trawl fisheries based on disproportionate costs associated with disposing of catches below the MCRS (Minimum Conservation Reference Size). The percentage should be subject to review and monitoring on an ongoing basis. Introduction 117 United Kingdom (Scottish based) vessels target Nephrops norvegicus in the west of Scotland trawl fishery fishing in Functional Units 11, 12 and 13. The vessels range in size from < 10 metres in length to 24 metres in length and use mesh sizes from mm. The most recent ICES advice indicates that Nephrops stocks in all three functional units are harvested sustainably. Abundance Levels are above Bmsy (B Trigger) and Harvest Ratios are below Fmsy. Figure 1: Nephrops functional units in VIa (ICES ) Average landings from the previous five years are 11,607t worth 39.5m and compromising over 50% of the landings by value to the west coast ports of Campbelltown, Mallaig, Oban, Portree and Stornoway. Quota allocations for Area VI Nephrops are not currently regarded as a problem as the TAC in recent years has not been fully utilised. Currently discards from this fishery are mainly animals below the current MLS (70 mm in overall length, 20 mm for carapace length and 37 mm for tail length); or damaged animals. 77