1 Recovery of sole stocks
in the Western Channel and Bay of Biscay
| (a)
(25262)
5199/04
COM(03) 819
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Draft Council Regulation for the recovery of the sole stocks in the Western Channel and the Bay of Biscay
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| (b)
(25269)
5205/04
SEC(03)1480
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Commission Staff Working Paper on draft Council Regulation establishing measures for the recovery of the sole stocks in the Western Channel and the Bay of Biscay
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| Legal base | (a) Article 37 EC; consultation; QMV
(b) —
|
| Documents originated | 23 December 2003
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| Deposited in Parliament | 19 January 2004
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| Department | Environment, Food and Rural Affairs
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| Basis of consideration | EM of 12 February 2004
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| Previous Committee Report | None, but see footnotes
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| To be discussed in Council | No date set
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| Committee's assessment | Politically important
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| Committee's decision | For debate in European Standing Committee A
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Background
1.1 While the general state of the fish stocks in Community waters
has given rise to concern, a number of stocks have been identified
by the International Council for the Exploration of the Sea (ICES)
as presenting particular problems requiring the establishment
of a recovery plan. The latter include the sole stocks in the
Western Channel and Bay of Biscay, and, although absolute stock
sizes are uncertain because of misreported and undeclared landings,
it has been estimated that each is at an historically low level,
with fishing mortality above that at which the stock could collapse.
Consequently, the Commission has now proposed a draft Council
Regulation (document (a)) aimed at the recovery of the two stocks.
Only that in the Western Channel is of direct interest to UK
vessels.
The current proposal
1.2 In essence, the proposed plans are similar to those already
adopted in the North Sea and elsewhere for cod[1]
and hake,[2] in that they
would seek to limit both catches and fishing effort in order to
bring about a recovery in the stocks over the next five to ten
years. However, they would differ in one significant respect.
Whilst previous plans have set targets based on the biomass of
spawning fish, the uncertainty over the relevant data in these
two instances means that the measures proposed are based on achieving
the necessary reduction in fishing mortality. In particular, if
mortality is above a predetermined level, the total allowable
catch (TAC) will be set so as to achieve an effort reduction in
the following year of 20% for Western sole (and 35% in the Bay
of Biscay). These arrangements would however be subject to the
principle that the largest annual change, in either direction,
in any TAC from one year to the next should not be greater than
15% after the first year of implementation of the plan. More severe
measures could be taken if the stocks do not show signs of proper
recovery: on the other hand, once the stock has been restored
to within safe biological limits, it would be open to the Council
to adopt a different management plan of the kind provided for
more generally under Council Regulation 2371/2002.
1.3 As regards effort, the Commission says
that it is proposing an approach similar to that adopted for cod.
Thus, the overall historical fishing effort of all vessels catching
sole in each of the areas in question over a three year reference
period would be calculated, the reduction required to match the
selected TAC would be determined, and this reduction would be
distributed across Member States in proportion to how much sole
they have landed during the reference period as compared with
total Community landings. Member States would then be free to
distribute these efforts limits (expressed in kilowatt-days) among
their vessels on a fully transferable basis within, but not between,
each geographical area. However, because these sole stocks are
also found in areas covered by the measures being taken for the
recovery of Northern hake, the Commission says that the effort
limitation proposed in the latter case may contribute to sole
recovery. Consequently, it has proposed that the effort management
for sole will include only those vessels fishing for sole which
land more sole than hake, with those landing more hake than sole
being covered by the effort scheme for hake.
1.4 As regards monitoring and control, the
proposal includes details of prior notification, the requirement
to land cod at designated ports, and stowage and transport conditions.
However, to the extent that appropriate technical conservation
measures have not yet been adopted, the need for these will be
assessed, and will, if necessary, be the subject of a separate
proposal.
The Government's view
1.5 In his Explanatory Memorandum of 12 February
2004, the Parliamentary Under-Secretary of State (Commons) at
the Department for Environment, Food and Rural Affairs (Mr Ben
Bradshaw) says that, whilst the Government agrees that action
is needed to improve the sole stock in the Western Channel, and
that the level of misreported and undeclared landings is a matter
for serious concern, the UK has argued that there are reasons
for believing that the stock is not in crisis. He points out
that scientific surveys have shown a relatively stable trend in
catches per unit of effort in recent years, albeit at a low level,
and that there has been a recent increase, believed to be because
of a good year-class entering the fishery. He also suggests that
the age structure of the stock, in terms of the proportion of
fish reaching maturity, is better than other stocks such as North
Sea cod, and the fishing rate is much lower.
1.6 The Minister is also concerned that the proposal
would have a significant impact on UK vessels fishing in the Western
Channel, which typically exploit a range of species, some of which
are limited by Community TACs, and some not. He notes that the
Commission Staff Working Paper (document (b)) identifies plaice,
anglerfish and cuttlefish as important for the fishery, and says
that imposing the cut in fishing effort envisaged in the proposal
would affect vessels' ability to catch not just sole but these
other species as well. The proposal is therefore likely to have
a much greater economic impact than might be anticipated from
a consideration of sole alone, and the UK is also concerned about
the severity of the proposed reduction in fishing mortality.
1.7 The Minister says that the additional costs for
UK vessels are likely to be substantial, and that these will be
considered in the Regulatory Impact Assessment which will be prepared
after the current consultation exercise has been completed. He
adds that the Assessment is expected to be available by June 2004,
but that the Council is likely to take a decision on the proposal
during the current Irish Presidency.
Conclusion
1.8 Given the various reservations expressed by
the Minister, and the likelihood that the Regulatory Impact Assessment
being prepared by the Government may not become available until
shortly before a decision is taken by the Council, we think it
right to recommend that the proposal be debated before then in
European Standing Committee A. In particular, we suggest that
further consideration needs to be given to the apparent difference
between the views taken by the Commission and the UK on the state
of the Western Channel stock, and the potential impact of the
measures proposed not just on sole but on vessels fishing other
stocks in the area concerned.
1 (24515) 9081/03; see HC 63-xxv (2002-03), para 1
(18 June 2003). Back
2
(24692) 10980/03; see HC 63-xxxi (2002-03), para 2 (10 September
2003). Back
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