8 Conservation of sharks
| (30426) 6158/09 + ADDs 1-3 COM(09) 40
| Commission Communication: Community Action Plan for the Conservation and Management of Sharks
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| Legal base | — |
| Document originated | 5 February 2009
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| Deposited in Parliament | 10 February 2009
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| Department | Environment, Food and Rural Affairs
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| Basis of consideration | EM of 23 February 2009
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| Previous Committee Report | None
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| To be discussed in Council | April 2009
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
8.1 According to the Commission, sharks are biologically a very
vulnerable species because their low reproductive potential and
low capacity for population increase mean that they have a limited
capacity to recover from over-fishing. It therefore says that,
in the light of the increase in catches since the mid-1980s, driven
by demand for shark products particularly in the Asian market,
there is a need for a stable and effective framework for their
management in order to ensure a sustainable level of exploitation.
However, it also notes that, although efforts have been made to
achieve this at an international level, notably through the FAO,
there is as yet no comprehensive management framework at Community
level, despite the importance of shark fisheries for Member States'
fleets. It has therefore sought in this Communication
to set out an Action Plan.
The current document
8.2 The Commission begins by outlining the current
situation. It notes that the Community
shark fisheries encompass the North Atlantic (which is a major
area of activity, but also problematic because the mixed nature
of many fisheries makes it difficult to target action to protect
sharks without severe consequences for other species); the Central
and Southern Atlantic; the Indian Ocean; and the Pacific. As regards
the shark market within the Community,
it comments that dogfish are covered by the common market organisation
of the market for fisheries, and are thus eligible for withdrawal
measures, and that there was also a limited trade in these and
other sharks. It then summarises the relevant legislative framework,
noting that sharks are a living aquatic resource, and thus come
under the Common Fisheries Policy. It points out that there is
already Community
legislation, covering such issues as technical measures, control,
fleet policy and trade policy, which could be effective, and that
sharks are covered specifically by the Council
Regulation fixing every two years fishing opportunities for certain
deep-sea stocks. In addition, Council
Regulation (EC) No 1185/2003 bans the practice of "finning"
(where fins are removed, and the remainder of the shark discarded
at sea): and it notes that the action taken internationally to
regulate trade in sharks and shark products includes the Convention
on International Trade in Endangered Species of Wild Fauna and
Flora (CITES), and the Convention on Migratory Species.
8.3 The remainder of the Communication sets out the
proposed Community Action Plan, which would cover directed commercial,
by-catch commercial, directed recreational, and by-catch recreational
fishing within Community waters, as well as fisheries covered
by partnership agreements with third countries, on the high seas,
or managed by regional fisheries management organisations. The
Plan would build upon the work already undertaken within the FAO,
and would pursue three specific objectives:
- to broaden the knowledge both
on shark fisheries, and shark species and their role in the ecosystem;
- to ensure that directed fisheries for sharks
are sustainable, and that by-catches of sharks resulting from
other fisheries are properly regulated;
- to encourage a coherent approach between internal
and external Community policy for sharks.
8.4 The Commission then sets out a number of guiding
principles and actions. The first is to adopt a strategy based
on sound scientific evidence. It says that, as a general rule
sharks should be managed in the same way as other fisheries, but
that, in view of their specific biological characteristics, a
more cautious approach is called for, based upon the precautionary
principle. It adds that a working group of the International Council
for the Exploration of the Seas (ICES) on sharks will issue stock
assessments through 2007-09 as a basis for future action, but
suggests that, as a growing amount of data is coming to light,
it seems wise to take a gradual approach. It does, however, advocate
strengthening and clarifying the provisions on "finning".
8.5 Secondly, the Commission places considerable
emphasis on regional cooperation, noting that several species
of sharks are wide-ranging and highly migratory, meaning that
responsibility for their management should rest primarily with
regional fisheries organisations. It therefore says that their
work in this area should be strengthened, and new organisations
established in areas where they are not already present.
8.6 Thirdly, the Commission advocates an integrated
framework of actions, structured in accordance with the approach
adopted by the FAO, and including measures to improve data collection
and scientific advice, management and technical measures, and
a further strengthening of control over the shark finning ban.
The Government's view
8.7 In his Explanatory Memorandum
of 23 February 2009, the Minister for the Natural and Marine Environment,
Wildlife and Rural Affairs at the Department for Environment,
Food and Rural Affairs (Mr Huw Irranca-Davies) says that the Government
welcomes the publication of this Plan, and shares the Commission's
commitment to protect vulnerable sharks and to rebuild depleted
stocks. He adds that it is at this stage broadly content with
the thrust of the Plan, but that this is a complex area, and requires
careful assessment, as well as clarification in some cases of
what the Commission intends to achieve, before an agreed UK position
covering the devolved administrations can be formed. However,
the Minister says that the Government's
initial view is to support a tightening up of the measures on
shark finning, which he describes as wasteful; that it agrees
on the need to improve data collection and verification, adding
that it is important to ensure that existing information is put
to best use; that, although the UK does not disagree in principle
with a proposal
for observer coverage of individual vessels, it is necessary to
be clear what the benefits would be, and whether they could be
achieved more cost effectively by other means; that it would need
to be clear that any effort measures in areas sensitive to vulnerable
shark species did not have a disproportionate impact on those
fishermen for whom sharks are only a low-value by-catch species;
and that it would be necessary to ensure that any measures taken
on discards are consistent with wider Commission initiatives in
this area.
8.8 In the meantime, the Minister points out that,
at this stage, Member States will not be asked to agree to the
many measures within the Plan. Instead, they are likely to be
asked to agree Council Conclusions of a general nature, signalling
support for the protection of vulnerable sharks and an intention
to take action, which will be followed by the Commission putting
forward legislative and voluntary proposals at a later date.
Conclusion
8.9 This document provides a timely reminder of
the vulnerability of certain shark stock, and of the need for
the Community (and others) to take concerted action to ensure
that these are exploited at a sustainable level. However, as the
Government has pointed out, Member States will at this stage be
asked simply to signal their general support for the underlying
aim of the Communication, and will not be required to agree detailed
measures, which will be the subject of further proposals in due
course. Consequently, whilst we are drawing the document to the
attention of the House, we are content to clear it.
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