DG MARE Lot 2: Retrospective and prospective evaluation on the common fisheries policy, excluding its international dimension Ref.

Ref. Ares(2014)1501526-12/05/2014 DG MARE Lot 2: Retrospective and prospective evaluation on the common fisheries policy, excluding its international dimension Ref. No MARE/2011/01 Specific Contract No. 5: STUDY IN SUPPORT OF THE REVIEW OF THE EU REGIME ON THE SMALL-SCALE DRIFTNET FISHERIES Appendix 4.7: Portugal Case Study Report May 8 th, 2014

Project no: ZF1455_S06 Issue ref: FinalV002 Date of issue: 08/05/2014 Prepared by: SM Checked/Approved by: RM Evaluation of driftnet fisheries Portugal Case study report Page i

Contents 0 Introduction...1 0.1 Case Study Consultations...1 1 Previous driftnet fleets...1 1.1 Fleet trends...1 2 Current driftnet fleets...4 2.1 Fleet structure...4 2.1.1 Fishery characteristics...4 2.1.2 Social and economic characteristics...10 2.1.3 Sustainability of fisheries...11 2.2 National implementation of EU regulatory regime and relevant National Legislation...12 2.2.1 National legislation...12 2.2.2 National Monitoring, Control and Surveillance of driftnet fleets...12 2.2.3 Costs of Monitoring, Control and Enforcement...13 Literature cited...14 Annex 1 Stakeholders originally contacted with online questionnaire...15 Annex 2: Stakeholders Consulted...15 Evaluation of driftnet fisheries Portugal Case study report Page ii

Tables Table 1: Summary of the marine driftnet fleets in Portugal...1 Table 2 Breakdown of Stakeholder Consultations...2 Table 3: Evolution of vessel registered in Portugal with GND as main gear operating in marine waters all size of vessels EU Fleet Register...2 Table 4: Evolution of vessel registered in Portugal with GND as secondary gear operating in marine waters all size of vessels EU Fleet Register...2 Table 5: Evolution of vessel registered in Portugal with GND (marine and freshwater) all size of vessels Information from Direção-Geral de Recursos Naturais...3 Table 6: Common characteristics of the fishing gear used in the Tejo fishery...6 Table 7: Common characteristics of the fishing gear used in the Northeast Sardine fishery...8 Table 8: Characteristics of the fishing gear used in the inland fisheries...9 Figures Figure 1: Locations in Portugal using drift nets...4 Evaluation of driftnet fisheries Portugal Case study report Page iii

Acronyms AER DCF DFN EC EEZ FIFG FPO GND GNS GTN ICES LOA MCS NGO OTB OTM PA PE PES PP PVA RFMO STECF TACs VMS Annual Economic Report Data Collection Framework Drift and/or fixed netters (European Commission Gear Code) European Commission Exclusive Economic Zone Financial Instrument for Fisheries Guidance Pots and Traps Driftnets Set gillnets (anchored) Gillnets-trammel nets International Council for the Exploration of the Sea Length overall Monitoring, Control and Surveillance Non-Governmental Organisation Bottom Otter trawls Pelagic trawls Polyamide Polyethylene Polyester Polypropylene Polyvinyl alcohol Regional fisheries management organisations Scientific, Technical and Economic Committee for Fisheries Total allowable catches Vessel Monitoring System Evaluation of driftnet fisheries Portugal Case study report Page iv

Evaluation of driftnet fisheries Portugal Case study report Page v

0 Introduction Over the vessels registered in Portugal, there are only 138 vessels that are having the gear code for driftnet (GND) as primary or secondary gear. According to the various consultations held in Portugal, the number of vessels using driftnet has continuously been decreasing over the last decade. Marine drift netting takes place in two main fisheries in Portugal, the River Tejo fishery for bass and bream, and the Northeast coastal fishery for sardine. Both are seasonal small scale fisheries employing vessels of 7 meters (sometimes slightly larger in the north), with crews of 2 or 3 persons. Drift nets are used in the specific fisheries and locations in Portugal: Table 1: Summary of the marine driftnet fleets in Portugal Location Targeted species No. vessels No. fishers Greater Lisbon Region Rio Tejo Estuary Seabass, seabream, meagre banded sea bream 50 150 North Region Anjeiras Sardines 19 115 Vila Chã Sardines 6 18 Povoa de Varzim - Vila Conde Sardines 12 36 Viana do Castelo Sardines 25 75 TOTAL 112 394 Source: data obtained during interviews with fishermen representatives In total therefore some 112 vessels undertake this fishing activity in marine waters, with about 394 fishermen engaged on a seasonal basis. Drift netting contributes about 33% of the annual income in the Northern sardine fishery and 30% in the Tejo region. In terms of regional dependencies, drift netting contributes significantly to the incomes of 8.2% of the fishers registered in the Lisbon region, and 8.6% in the Northern region. Nationally, out of a total of 13,824, an estimated 394 fishers are engaged in driftnet fishing methods. The technique therefore makes a material contribution to the livelihoods of about 2.8% of Portuguese fishers. There are also 482 vessels registered to deploy driftnet in inland waters (mainly rivers), targeting lampreys and shads. In general it was reported that the use of driftnets has declined significantly in recent years, largely due to increased regulation of this gear and the additional effort required to meet the conditions of use. 0.1 Case Study Consultations Initial information on driftnet fisheries in Portugal was provided by the response of the DGRM (Direção-Geral de Recursos Naturais, Segurança e Serviços Marítimos) to the online questionnaire. Information gathered at this initial stage revealed that contemporary driftnet fishing in Portugal was concentrated in the Northern part of Portugal and in rivers (See Section 3). Consultations were arranged with fishermen organisations situated in the area were driftnet were reported to be used. Annex 2 provides details of all consultations carried out. These included fishers and fishermen organisation involved in current fleets. Several local control agencies were also consulted, to ascertain the local usage (or absence) of driftnet. Consultations took the form of semistructured interviews and were mostly conducted on a one on one basis, except for one focus group Evaluation of driftnet fisheries Portugal Case study report Page 1

meeting (1 association president and 3 fishers). Additional contacts were taken with relevant NGOs and researchers which were consulted by telephone interviews. Table 2 Breakdown of Stakeholder Consultations Stakeholder Type Research Control & Management Producer Organisation/ Fisher Association Fisher/ Exfisher NGO/ Other Total No. of 2 5 11 *3 2 20 Organisations Consulted No. of Consultations 2 5 11 0 2 20 with Individuals No. of Focus Group Consultations (Nos. involved) 0 0 0 1(3) 0 1 (3) *Represents the no. of fishers consulted during Focus group conversation organised with fisher associations Page 2 Evaluation of driftnet fisheries Portugal Case study report

1 Previous driftnet fleets 1.1 Fleet trends According to the information provided by the Portuguese National Administration 1, no driftnet fishery has been stopped due to the implementation of the driftnet regime. It has been indicated that driftnet fisheries may have caught Annex VIII species during the 1990s but that no specific fishery was developed at the Portuguese level. This information is coherent with the observations made during an STECF meeting held in 1995 2. Estuarine driftnet fisheries seem to have declined in recent years. The Portuguese National Administration indicated that the information reported by the fleet register (summarised in table 3 and table 4 next page) may not be completely accurate due to the fact that only two gears may be recorded on the register, while Portuguese vessels may request to be registered for more gears. Moreover, it has been highlighted that the fleet register would only have information for vessel fishing under maritime jurisdiction, when freshwater fishermen may also use drift trammel nets in rivers (table 5) Overall, the information held by the fleet register indicates that the vast majority of vessels registered as using driftnets are operating in the northern part of Portugal between the Spanish border and Porto, (NUTS 3 area Minho-Lima -PT111-, Cávado -PT112- and Grande Porto - PT114). Information provided by the Direção de Serviços de Recursos highlights also the fact that more vessels are registered in rivers for the use of driftnets, targeting mainly shads and lampreys (table 5). 482 vessels were registered as potential driftnet users in various rivers in 2013, mainly the Ria de Aveiro, but also in the Rio Cávado, Rio Douro, Rio Lima and Rio Mondego. 1 Direção-Geral de Recursos Naturais - Direção de Serviços de Recursos 2 Commission Staff Working paper SEC(95)549 - STECF subgroup on drift-net fisheries for tuna and tuna-like species, 1-3 February, 1995, Brussels Evaluation of driftnet fisheries Portugal Case study report Page 1

Table 3: Evolution of vessel registered in Portugal with GND as main gear operating in marine waters all size of vessels EU Fleet Register NUTS3 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 MINHO-LIMA (PT111) CÁVADO (PT112) GRANDE PORTO (PT114) BAIXO VOUGA (PT161) BAIXO MONDEGO (PT162) OESTE (PT16B) GRANDE LISBOA (PT171) PENINSULA DE SETÚBAL (PT172) ALENTEJO LITORAL (PT181) ALGARVE (PT150) 20 20 15 13 13 11 10 10 10 9 7 3 3 3 3 3 3 3 13 10 11 10 7 6 6 5 5 5 6 6 6 6 6 6 5 5 37 36 32 26 24 21 17 16 14 15 14 16 17 15 14 13 13 14 0 0 0 0 0 0 0 0 0 1 1 1 1 1 1 1 1 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1 1 1 1 1 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 2 2 2 2 2 2 2 2 2 2 2 2 1 1 1 1 1 0 0 0 0 0 0 0 0 0 0 0 0 1 1 1 1 1 1 7 6 6 6 5 5 4 4 5 4 4 3 3 3 3 3 3 3 Source: EU fleet register http://ec.europa.eu/fisheries/fleet/index.cfm Table 4: Evolution of vessel registered in Portugal with GND as secondary gear operating in marine waters all size of vessels EU Fleet Register NUTS3 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 MINHO-LIMA (PT111) CÁVADO (PT112) GRANDE PORTO (PT114) BAIXO VOUGA (PT161) BAIXO MONDEGO (PT162) OESTE (PT16B) GRANDE LISBOA (PT171) PENINSULA DE SETÚBAL (PT172) ALENTEJO LITORAL (PT181) ALGARVE (PT150) 19 17 16 16 13 13 13 13 12 14 19 20 20 23 24 22 24 23 28 27 26 25 22 20 20 22 25 25 23 24 25 28 30 30 31 30 44 43 40 33 32 29 20 22 25 36 38 45 44 48 47 47 46 46 0 0 0 0 0 0 1 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1 0 0 0 0 0 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 2 2 2 2 2 2 2 2 3 4 4 6 6 6 8 8 8 7 1 1 1 0 0 0 0 0 0 1 1 1 0 0 0 0 0 0 8 7 7 5 5 5 5 5 4 4 4 4 4 4 2 2 2 2 Source: EU fleet register http://ec.europa.eu/fisheries/fleet/index.cfm Page 2 Evaluation of driftnet fisheries Portugal Case study report

Table 5: Evolution of vessel registered in Portugal with GND (marine and freshwater) all size of vessels Information from Direção-Geral de Recursos Naturais Area 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 Oceanic waters 174 165 154 145 123 130 123 122 120 115 103 101 Ria Aveiro 274 276 278 292 287 294 289 288 287 287 296 280 Rio Cávado 31 31 30 27 14 18 14 15 16 15 11 8 Rio Douro 70 72 83 77 62 75 78 83 83 83 83 83 Rio Lima 64 66 71 66 55 61 53 55 59 58 53 55 Rio Mondego 94 96 83 68 75 74 65 58 59 63 61 55 Rio Sado 1 1 1 1 1 1 1 1 1 1 1 1 Rio Tejo 60 69 65 61 59 54 59 56 50 54 52 49 Source: Portuguese fisheries administration (Direção de Serviços de Recursos) Evaluation of driftnet fisheries Portugal Case study report Page 3

2 Current driftnet fleets 2.1 Fleet structure Nowadays, drift gill nets are primarily used on small vessels, boats from 7 to 8 meters, with approximately 4 tons of displacement and powered by anything up to and including 60bhp. This fishing technique is mainly used in fishery for high value demersal species the estuary of the Rio Tejo (River Tagus) (Square E0/06 on Figure 1) and at four locations, by the inshore traditional fleet for targeting sardines, in the north of the country (Anjeiras, Vila Chã, Povoa de Varzim - Vila Conde and Viana do Castelo - Squares E1/11 and E1/12 on Figure 1). There are also driftnet activities in several rivers, where shad and lamprey species are targeted. Source: based on interviews with Portuguese fisheries administration (Direção de Serviços de Recursos) and with fishermen representatives Figure 1: Locations in Portugal using drift nets The interviews with the Capitanias identified that no other driftnet fisheries take place in the marine or estuarine waters of Portugal. The use of driftnets in the lower reaches of the Rio Guadiana which forms the border between Spain and Portugal, was reported to have ceased several years ago. 2.1.1 Fishery characteristics Most information presented in this section has been obtained from fishermen and fishermen representatives during our field study. 2.1.1.1 Rio Tejo Fishery Around 50 vessels periodically take driftnet licenses for fishing in the estuary of the Rio Tejo. They operate from several locations around the area such as Aeiras, Vila Franca, Aleandra, Alcochete, Montijo, Samoca and Trafaria. The vessels using this gear are in the region of 7 meters LOA, with fibre glass hulls, and with outboard motors up to 60 hp. Length of 7 meters is the size limit for the Tejo River as set out in the Portaria 569/90. Crew size is 2 or 3, including vessel owner. The Portaria 569/90 defines the special fishing regime for the Tejo Estuary. It permits two types of enmeshing gears to be used, single panel gill nets and three juxtaposed panel (trammel) nets. Single panel gill nets may be used as drift nets under the same licence. Three panel nets (trammel nets) cannot be used as drift nets. The operator is required to define in advance in the license application which nets will be used and dimensions. Page 4 Evaluation of driftnet fisheries Portugal Case study report

The minimum mesh size allowed for these nets in the Tejo is 60mm. Maximum length of net permitted is 50m and the maximum height is 3m. The maximum number of nets permitted per trip is 15 single panel nets (as set out in Portaria 569/90). In practice the nets are typically made out of a single 40 metre panel. The net is suspended by oval floats (orange/pink/ yellow) around 10cm size. The nets are made up with a lead weighted cable in situ. A few still use small lead weights attached to the mesh every 4 meshes. The nets are identified with tags (a legal requirement which is closely observed since there are heavy penalties for those who do not comply). No acoustic prevention measures are used in the Tejo. Depth of fishing rarely goes over 3 or 4 meters. The fishery is a day fishery which takes place in the mouth of the estuary, with trip lengths of a few hours only. With regard to time scales, the net is normally prepared on land and takes no more than 15-30 minutes to set. The nets are set either at dusk or dawn and according to tides (depending on the season and location), with a soak time varying between 1 and 6 hours depending on the success of the trip. The fishery targets a variety of high value species for approximately 6 months out of the year during December to June. The main targets are seabream Sparus aurata (during March to June), sea bass Dicentrarchus labrax (December to April), and corvina Argyrosomus Regius (March to June). White seabream Diplodus sargus is also targeted by a few operators. Single sheet drift gillnet fishing is reported to be falling into disuse; drift trammel fishing is the popular choice mainly because it delivers better catches. In the Tejo by-catch is not usually a big issue; species can be targeted easily by choice of season and location. Fish is sold via auction by Docapescas 3 on landing, and consumed in fresh form on the national market. At other times of the year, the operators will target, conger, cuttlefish, bream, eels and bass, but using other fishing gears, typically fixed gears and/or line fishing (the vessels are classed as polyvalent ). Fishers in this fishery are represented by the Sindicato Livre De Pescadores E Profissões Afins (Free Union of Fishermen and Associated Professions). 3 Docapesca - Portos e Lotas SA is a state-owned company under the Ministry of Agriculture, Sea, Environment and Physical Planning. Pursuant to Decree-law 107/90 of 27 March, it provides the public service on mainland Portugal of organising the first sale of fish and supports the fishing and fishing ports sector. This means that Docapesca operates landing sites and auctions in several locations on mainland Portugal. Its headquarters are in Lisbon and it has six branches: Norte, Matosinhos, Centro Norte, Centro, Centro Sul and Sul. Evaluation of driftnet fisheries Portugal Case study report Page 5

Table 6: Common characteristics of the fishing gear used in the Tejo fishery Tejo fishery for bream, bass, and meagre A. Total net length (m) : 40 meters B. Net height (m) : 3 meters C. Length of individual net panels (if diff. from A): Number of panels: 1 Configuration of panels: parallel/continuous D. Type, number, and colour of floats used: Orange, pink, yellow. 10 cm E. Type and number of weights used: Lead cable in situ in net, intermittent 40g weights F. Depth of net top: 4 meters Hanging ratio: Gear markers used: Yes. Vessels name and type of fishing. Panel 1 Mesh size (mm) : 60mm Twine thickness (mm): n/a Net material: PA/ PES/ PE/ n/a PP/ PVA/ UNK Are acoustic deterrents/pingers used: Y/N, No If yes give details: Maximum operational distance from coast (km): Estuarine Maximum depth of operation (m): Time of day nets set? 6am 11am 11am - 2pm 2pm - 6pm 6pm - 6am Dusk and Dawn Approximate time taken to set nets (hh:mm): 30 min Approximate soak time (hh:mm): 4 hours No. of nets set at the same time: Maximum 15 permitted Source: Information gathered during meeting with fishermen for the area of the Rio Tejo 4m 2.1.1.2 Northeast Sardine fishery Drift nets are a traditional method for catching sardine in the seasonal fishery along the coast of Portugal. However in most locations it has fallen into disuse, and has been replaced by encircling gears. Drift netting for sardine is now only used in the coastal small scale fisheries in the North East of the country, between Porto and the Spanish border, where there are a number of fishing communities targeting sardine on a seasonal basis. The main locations identified by the study where drift netting for sardine takes place are at Anjeiras and Vila Chã (two villages immediately north of the major fishing port of Matosinhos), the adjacent towns of Povoa de Varzim and Vila Conde, a few km to the north of these villages and at Viana do Castelo (at the mouth of the Rio Lima). Some drift netting activity for sardine was also reported, but not confirmed, at Vila Praia de Ancora, near to the Spanish border, at the mouth of the Rio Minho. In all of these locations the sardine fishery operates seasonally, in the summer months (April to September). Outside the sardine fishing period the vessels will operate with bottom set gill nets, sombreira (shrimp), bottom trammel nets, long lines, and traps. The technique of drift netting for sardine is reported to be falling into disuse because of the difficulty of managing nets in anything more than moderate weather making the process very time consuming if the nets get twisted. Fishing usually takes place at dawn and dusk, about 1-3 miles from the coast, although vessels sometimes go as far as 6 miles out if they have to. There is a small bycatch of pout, mackerel, and sea bream. Page 6 Evaluation of driftnet fisheries Portugal Case study report

Anjeiras, Vila Châ, Povoa de Varzim e Vila Conde Anjeiras and Vila Chá are two small coastal fishing villages located respectively 10 and 15km north of the city of Porto, in northern Portugal. Here there are 25 or 26 vessels operating with driftnets. Povoa de Varzim and Vila Conde lie only 2 km apart and are in turn only 5km north of Vila Châ. Here 12 vessels are currently operating using driftnets. These four locations are very close to each other and use identical fishing methods. Fishers in these locations operate traditionally from 24 June (St. John s day) to the first week of September. Crew size is 2 or 3, including vessel owner. Vessel size is 7 to 7.5 meters (4 tons displacement) powered by a 40bhp outboard engine (although a second engine is often carried as a spare). The driftnets used are made of nylon and have a mesh size varying from 35mm to 40mm (the size restrictions set by the Portaria 1102H/2000). Larger mesh sizes (over 100) are only permitted for sardine caught by fixed nets. Total net length is 300 to 500 meters, with between 4 and 7 (70 metre) panels. Portaria 1102H/2000 allows drift nets for sardine to be of maximum length 500m. The nets are suspended every 6 meters with orange buoys. Net height is 12 meters and it is usually set a depth of 2-3 meters. Fishing takes place at dawn or dusk. Nets can be set quickly (usually about 15 minutes). Soak time is up to 6 hours, but it can be shorter if the catches are good. No acoustic deterrents are used but the gears are identified with markers as required by regulation. Fishers in this region are represented by Apropesca (Association of Artisanal Fishing), based in Povoa do Varzim. All fish is landed in Anjeiras, Vila Chá, and in Povoa de Varzim. Viana do Castelo Viana do Castelo is located approximately 60km north of Porto and sits on the mouth of the River Lima. There are 25 vessels operating from this location which use gill drift nets specifically targeting sardines between the months of April to September. The vessels themselves are crewed by 2 to 3 fishermen (owner and 1 or 2 hands) and are between 6 and 8 meters long, ranging from 1.5 to 3 tons of displacement. They are powered by either a 50bhp or two 25bhp outboard engines. The nets are 100 meters long each and it is usual to use an average of 4 nets per trip. The height varies between three measurements (8.4m, 5.6m, and 2.8m) depending on number of panels inserted. Mesh size is in the range 35-40mm, in line with Portaria 1102H/2000. Buoys are made out of Styrofoam and are weighed down with 40g lead weights (averaging 500 per net). Net is made of 3mm nylon mesh and the depth of fishing is variable dependent on location. Fishing usually takes place at a maximum of 3 miles from the coast, during dawn and dusk. It takes around 15 minutes to set the nets (4 panels fished together each of 100m, giving a cumulative net length of 400m) with soak time varying dependent on conditions. Fish is landed in Viana de Castelo. Evaluation of driftnet fisheries Portugal Case study report Page 7

Table 7: Common characteristics of the fishing gear used in the Northeast Sardine fishery North Portugal coastal fishery for sardine A. Total net length (m) : 400 to 600 meters B. Net height (m) : 8.4, 5.6 or 2.8 meters C. Length of individual net panels (if diff. from A): 70 meters Number of panels: 4 to 8 Configuration of panels: parallel/continuous D. Type, number, and colour of floats used: 20cm Styrofoam, brown and orange every 6 meters E. Type and number of weights used: 40g weights x 500. Or already in situ when purchased net F. Depth of net top: 2-3 meters Hanging ratio: Gear markers used: Yes, vessel name and type of fishing Panel 1 Mesh size (mm) : 35mm to 60mm Twine thickness (mm): 3mm Net material: PA/ PES/ PE/ Nylon PP/ PVA/ UNK Are acoustic deterrents/pingers used: Y/N, No If yes give details: Maximum operational distance from coast (km): 6 miles Maximum depth of operation (m): Time of day nets set? 6am 11am 11am - 2pm 2pm - 6pm Variable 6pm - 6am Dusk and Dawn Approximate time taken to set nets (hh:mm): 15min Approximate soak time (hh:mm): 4 hours No. of nets set at the same time: 15 Source: Information gathered during meeting with fishermen for the area of the Rio Tejo Page 8 Evaluation of driftnet fisheries Portugal Case study report

2.1.1.3 Inland fisheries In 2013, 482 vessels were registered for the use of driftnet in inland waters. According to the Portuguese legislation 4, drift nets may be used to target lampreys or shad in various rivers: Ria de Aveiro, but also the Lima River, the Mondego River, the Douro River and the Cávado River. Vessel may only deploy drift trammel net for targeting these two groups of species. Some key dimensions of the nets are limited by the regulation, such as the maximal length (50m for the shad net and 80m for the lamprey net) and the minimal mesh size that may be used for the inner panel (100mm for the shad net and 70 mm for the Lamprey net) Table 8: Characteristics of the fishing gear used in the inland fisheries Allis shad / Twaite Sea Lamprey shad A. Total net length (m) : 50 (max) 80 (max) B. Net height (m) : 1.5 (max) 3 (max) C. Length of individual net panels (if diff. from A): Number of panels: 3 3 Configuration of panels: parallel/continuous parallel parallel D. Type, number, and colour of floats used: E. Type and number of weights used: F. Depth of net top: Surface Surface Hanging ratio: Gear markers used: Panel 1 and 3 Mesh size (mm) : Variable Variable Twine thickness (mm): Net material: PA/ PES/ PE/ PP/ PVA/ UNK Panel 1 Mesh size (mm) : Twine thickness (mm): 100 (min) 70 (min) Net material: PA/ PES/ PE/ PP/ PVA/ UNK Are acoustic deterrents/pingers used: Y/N, No No If yes give details: Maximum operational distance from coast (km): River River Maximum depth of operation (m): River bed River bed Time of day nets set? 6am 11am X X 11am - 2pm X X 2pm - 6pm X X 6pm - 6am Approximate time taken to set nets (hh:mm): Approximate soak time (hh:mm): No. of nets set at the same time: 1 1 Source: Information gathered from the various regulations regulating inland fisheries 4 Portaria n.o 17-A/99 de 12 de Janeiro Evaluation of driftnet fisheries Portugal Case study report Page 9

2.1.1.4 Social and economic characteristics 2.1.1.5 Rio Tejo Fishery All of the drift net vessels identified are small, with a maximum size of 7 meters. Crew sizes are never greater than 3, and frequently vessels operate with 2 persons, typically the owner of the vessels plus one or two family members. In the Tejo fishery, the 50 or so driftnet vessels provide employment for an estimated 150 fishers. No new licenses are issued to use drift gill nets in the Tejo. Licenses are not transferable to other vessels or to new owners, so the number is gradually declining. The only way that this is bypassed is through inheritance of family members (an exception allowed by Portaria 569/90). According to the 2010 Fishery Statistics 5, there were approximately 1,841 matriculated fishers in the Greater Lisbon (NUTSII) region (including 142 freshwater/non-marine fishers). The driftnet fishery therefore makes a significant contribution to about 8.2% of the fishery sector employment in this region. According to fishermen representatives, the driftnetting activity represents an estimated 30% of annual income of the vessels which practice this métier. It is noted that the target species are all high value species which command premium prices on the market. The catches are sold by auction, and are purchased by catering and retail outlets for fresh consumption. In Portugal all catches are by law marketed via the auction system managed by Docapesca, the parastatal fish marketing operation. Sale outside the auction is prohibited. 2.1.1.6 Northeast Sardine fishery As in the Tejo fishery, all of the drift net vessels identified are small, with a maximum size of 8 meters. Crew sizes are never greater than 3, and frequently vessels operate with 2 persons, typically the owner of the vessels plus one or two family members. In Anjeiras, 19 vessels provide employment for 57 fishermen. In Vila Châ there are an estimated 18 fishers, in Povoa de Varzim and Vila Conde an estimated 36, and in Viana de Castelo, some 75. Overall in the region it is estimated that 186 fishermen are dependent to a partial but significant extent on fishing activities using drift net gears. It is estimated that the seasonal sardine fishery using driftnets provides about 33% of the income of the vessels. However, the crew composition is not fixed, since crews are rotated according to availability. Therefore more individuals are engaged in the sardine driftnet fishery. Using the example of Anjeiras, where a total of 119 persons were registered as embarking on the driftnet vessels during the 2013 season, it would suggest that in the NE region a total of 388 persons could derive some income from the fishery. According to the 2010 Fishery Statistics 6, there were approximately 4,530 fishers in the North regions (NUTSII). The driftnet fishery therefore makes a contribution to the income of about 8.6% of the fishery sector employment in this region. 2.1.1.7 Inland fisheries Inland vessels are 5 meters long and are operated by only one fisherman on average 7. It is reported that lampreys are mainly sold to dealers, while shads are mainly sold to restaurants and consumers. 5 Estatísticas da Pesca 2010, Edicion 2011, Instituto Nacional de Estatísticas e Direcção Geral das Pescas e Acuicultura, 2011. www.ine.pt 6 Estatísticas da pesca 2010, Edicion 2011, Instituto Nacional de Estatísticas e Direcção Geral das Pescas e Acuicultura, 2011. www.ine.pt 7 Ernst & Young, AND International and Eurofish. 2006. EU intervention in inland fisheries. EU wide report final version. Framework contract N FISH/2006/09 (Lot N 3) Studies linked to the implementation of the European Fisheries Fund. Page 10 Evaluation of driftnet fisheries Portugal Case study report

2.1.2 Sustainability of fisheries 2.1.2.1 Rio Tejo Fishery This fishery is targeting species that are not evaluated and are not reported to be overexploited (seabream, sea bass, meagre). Limited bycatch have been reported and it was not possible to identify interactions with cetacean with driftnet fisheries. In Portugal, interactions with cetacean are estimated for the polyvalent vessels which are partly using driftnets 8, although bycatch estimates were not reported in 2011 due to difficulties in calculating fishing effort for this particular segment. A recent report highlighted that the polyvalent fishery was less subject to cetacean bycatch than the purse seine fishery, but without identifying precise levels of interaction or specific gears from the polyvalent fleet that would cause more damages 9. 2.1.2.2 Northeast Sardine fishery This fishery targets a sardine stock (sardine VIIIc and IXa) for which no reference points have been established. Fishing mortality has increased and biomass decreased in most recent years. In 2012 Portugal and Spain agreed to implement a management plan to bring the stock back to sustainable levels. This plan is considered provisionally precautionary by ICES. As for the Rio Tejo fishery, there is no specific report of bycatch of cetacean other than the data available for the whole polyvalent fleet (see previous section). 2.1.2.3 Inland fisheries There is very limited information on the stock status of lamprey and shad species in Portuguese rivers. 8 Annual report on the implementation of Council Regulation (EC) No 812/2004 (2011). 9 Vingada J., A. Marçalo, M. Ferreira, C. Eira, A. Henriques, J. Miodonski, N. Oliveira, D. Marujo, A. Almeida, N. Barros, I. Oliveira, S. Monteiro, H. Araújo, J. Santos. 2012. Capítulo I: Interações entre as espéciesralvo e as pescas. Anexo ao relatório intercalar do projecto LIFE MarPro PT/NAT/00038. Katara I., D. Feijó, T. Bento, I. Figueiredo, M. Correia, A.C. Fernandes, D. Silva, A.L. Ferreira, P. Fernandes, P. Abreu, N. Prista, L. Wise, M. Azevedo, A. Silva.+2012. Capítulo II: IPMA contribution to the A.3 MARPRO report on the interactions between target species and fisheries. Anexo ao relatório intercalar do projecto LIFE MarPro PT/NAT/00038. Evaluation of driftnet fisheries Portugal Case study report Page 11

2.2 National implementation of EU regulatory regime and relevant National Legislation 2.2.1 National legislation National legislation has been enacted in Portugal relating specifically to drift nets (redes de emalhar de deriva) in Portugal. As noted before, there was no fishery targeting highly migratory fish on a regular basis, although some fishermen may have on occasion set nets (see section 1.1). In order to avoid any misinterpretation, the Portuguese administration published several regulations restricting the use of driftnets to target small pelagic fish only. Legal measures DIÁRIO DA REPÚBLICA I SÉRIE-B No. 270 22 de Novembro de 2000 Portaria nº 1102-H/2000 Amendments Nº Portaria nº 386/2001, Portaria nº 759/2007 Portaria nº 983/2009 Portaria nº 594/2010, Portaria n.º 569/1990 and 85/2011 Ministério da Agricultura do Desenvolvimento Rural e das Pescas 2011-02-25 Summary of main requirements Only single gill nets with a mesh size of between 35mm and 40mm are allowed for the purpose of drift nets. Vessels up to 9 meters must fish at least ¼ mile from shore. Vessels over 9 meters must be at least 1 mile from coast up to a limit of 200 miles Maximum net length is 500 meters Maximum net height is 10 meters The use of drift gill nets is prohibited around the region of Madeira Amendments concern the use of fixed trammel nets (not drift nets) Legislation concerning fishing in the Tagus river. Defines permitted fishing zones Sets the fishing techniques allowed on the Tejo River and rules concerning them (net identification, species/mesh size etc.) Drift and fixed gill nets are allowed in the Estuary All fishing gears must be clearly identified (vessel and technique) No net can have any part of it connected to dry land or any other permanent structure It is illegal to conduct drift netting in low visibility Only those with license to use fixed gillnets are allowed to drift them. Amendment 85/2011 revisits and changes legislation concerning traps and bivalve capture. Within this amendment article 19º concerning drift gill nets has been revoked. 2.2.2 National Monitoring, Control and Surveillance of driftnet fleets It has been mentioned that all catch had to be sold under auctions, which allow better controllability at landing point, notably regarding the landing of Annex VIII species. It is however striking that it was not possible to obtain landing data associated with the information of the gear used, indicating that there might be reporting issues of the actual gear used by the polyvalent vessels. There do not seem to be any particular procedure in place for driftnet monitoring during controls at sea. Page 12 Evaluation of driftnet fisheries Portugal Case study report

2.2.3 Costs of Monitoring, Control and Enforcement It was not possible to identify specific costs of monitoring and control related to the implementation of the driftnet regime. Evaluation of driftnet fisheries Portugal Case study report Page 13

3 Literature cited Annual report on the implementation of Council Regulation (EC) No 812/2004 (2011). Commission Staff Working paper SEC (95)549 - STECF subgroup on drift-net fisheries for tuna and tuna-like species, 1-3 February, 1995, Brussels Ernst & Young, AND International and Eurofish. 2006. EU intervention in inland fisheries. EU wide report final version. Framework contract N FISH/2006/09 (Lot N 3) Studies linked to the implementation of the European Fisheries Fund. Available: http://ec.europa.eu/fisheries/documentation/studies/inland_fisheries_en.pdf Estatísticas da Pesca 2010, Edicion 2011, Instituto Nacional de Estatísticas e Direcção Geral das Pescas e Acuicultura, 2011. www.ine.pt Estatísticas da pesca 2010, Edicion 2011, Instituto Nacional de Estatísticas e Direcção Geral das Pescas e Acuicultura, 2011. www.ine.pt Katara I., D. Feijó, T. Bento, I. Figueiredo, M. Correia, A.C. Fernandes, D. Silva, A.L. Ferreira, P. Fernandes, P. Abreu, N. Prista, L. Wise, M. Azevedo, A. Silva.+2012. Capítulo II: IPMA contribution to the A.3 MARPRO report on the interactions between target species and fisheries. Anexo ao relatório intercalar do projecto LIFE MarPro PT/NAT/00038. Vingada J., A. Marçalo, M. Ferreira, C. Eira, A. Henriques, J. Miodonski, N. Oliveira, D. Marujo, A. Almeida, N. Barros, I. Oliveira, S. Monteiro, H. Araújo, J. Santos. 2012. Capítulo I: Interações entre as espéciesralvo e as pescas. Anexo ao relatório intercalar do projecto LIFE MarPro PT/NAT/00038. Page 14 Evaluation of driftnet fisheries Portugal Case study report

Annex 1 Stakeholders originally contacted with online questionnaire Organisation Organisation Type &/or Role DGRM National administration - Management Date Online Response Received Yes/No; Questionnaire Sent Questionnaire completed 05/06/2013 Y - Questionnaire completed Annex 2: Stakeholders Consulted Organisation Organisation Type Type of consultation Email/ Telephone/ Meeting DGRM National administration - Management Capitanias do Porto Local administration - Control Capitania de Peniche Local administration - Control Capitania de Nazare Local administration - Control Capitania de Matosinhos Sindicato Livre dos Pescadores e Profissões Afins APROPESCA - Organização Prod. Pesca Artesanal VIANAPESCA - Coop. Prod. Peixe de Viana do Castelo ASSOCIAÇÃO MÚTUA DOS ARMADORES DE PESCA DE ANGEIRAS MAPA SETUBALPESCA - Associação Pesca Artesanal AAPLCZO - Associação dos Armadores da Pesca Local, Costeira e Largo da Zona Oeste AAPCS - Associação de Armadores da Pesca do Centro e Sul Local administration - Control E-mail + telephone fleet statistics, specific regulations, control, past driftnet fisheries Telephone information on local activity of driftnet Telephone information on local activity of driftnet Telephone information on local activity of driftnet Telephone information on local activity of driftnet Fishermen association E-mail + Telephone + Meeting Rio Tejo fishery Fishermen association E-mail + Telephone + Meeting Sardine fishery Fishermen association E-mail + Telephone + Meeting Sardine fishery Fishermen association E-mail + Telephone + Meeting with president and 3 fishermen Sardine fishery Fishermen association Telephone information on local activity of driftnet Fishermen association E-mail + Telephone + Meeting Rio Tejo fishery Fishermen association Telephone information on local activity of driftnet Date of Consultation (initial contact) 07-06-2013 28-08-2013 28-08-2013 28-08-2013 29-08-2013 29-08-2013 27-08-2013 06-09-2013 04-09-2013 29-08-2013 30-08-2013 30-08-2013 Evaluation of driftnet fisheries Portugal Case study report Page 15

Organisation Organisation Type Type of consultation Email/ Telephone/ Meeting DARPESCAS - Associação de Pescadores e Armadores do Rio Lima- Viana do Castelo AAPRSVA- Associação de Armadores e pescadores do porto de Vila Real de Santo Antonio ANAP- Associação do Norte de Armadores de Pesca da Sardinha AVCP- Associação Vila Chã Pesca Fishermen association Telephone information on local activity of driftnet Fishermen association Telephone information on local activity of driftnet Fishermen association Telephone information on local activity of driftnet Fishermen association E-mail + Telephone + Meeting sardine fishery PONG Pesca NGO E-mail driftnet interactions with protected species and regulations LPN Natureza NGO E-mail - driftnet interactions with protected species and regulations CESAM (Centro de estudos do ambiente e do Mar) Science E-mail + Telephone research on driftnet use and interactions IPMA Science E-mail + Telephone research on driftnet use and interactions Date of Consultation (initial contact) 27-08-2013 27-08-2013 03-09-2013 04-09-2013 03-07-2013 26-06-2013 17-05-2013 28-06-2013 Page 16 Evaluation of driftnet fisheries Portugal Case study report