13 Conservation of fisheries resources
through technical measures
| (29738)
10476/08
+ ADDs 1-2
COM(08) 324
| Draft Council Regulation concerning the conservation of fisheries resources through technical measures
|
| Legal base | Article 37EC; consultation; QMV
|
| Document originated | 4 June 2008
|
| Deposited in Parliament | 12 June 2008
|
| Department | Environment, Food and Rural Affairs
|
| Basis of consideration | EM of 3 July 2008 and SEM of 15 December 2008
|
| Previous Committee Report | None
|
| To be discussed in Council | No date set
|
| Committee's assessment | Politically important
|
| Committee's decision | Cleared
|
Background
13.1 Although limitations on total allowable catches (TACs) tend
to attract most attention, the conservation aspects of the Common
Fisheries Policy (CFP) contain a number of other important elements,
notably so-called technical measures, which restrict where and
when fishing may take place, and the type of gear used, and which
also place restrictions on the minimum size of fish which may
be landed. The current measures were first established in Council
Regulation (EC) No 850/98, but, according to the Commission, the
rules are very detailed and complex, and have since been subject
to various additions and amendments, making the requirements even
more difficult to understand clearly.
The current proposal
13.2 It has therefore sought in this proposal to replace a number
of existing measures, including Council Regulation (EC) No 850/98,
and so establish a new and simpler regulatory framework. In particular,
the proposal would:
- establish common, permanent measures applicable to all areas,
such as minimum landing sizes, fishing gear specifications, measures
to reduce discards, measures to protect the environment, on-board
operations, and specific measures for certain species;
- provide for specific local measures to be adopted
by the Commission, through the comitology process, relating to
particular areas or fisheries covered by the North Sea, North
Western Waters, South Western Waters and Pelagic Regional Advisory
Councils (RACs):[71]
these would include the establishment of the minimum and maximum
percentages of the target species retained on board; the range
of mesh sizes permissible for each target species; provisions
for the reduction or elimination of discards and the improvement
of fishing gear selectivity; measures for restricting fishing
activities in specific periods and/or areas; and other technical
measures to protect marine habitats or fishery resources; and
- permit a Member State to take national measures
applying to waters under its sovereignty or to fishing vessels
flying its flag, which reduce or eliminate discards.[72]
13.3 At the same time, the common measures would
incorporate a number of amendments to the corresponding measures
contained in Council Regulation (EC) No. 850/98. Thus, they would:
- retain minimum landing sizes,
but reduce from 36 to 16 the number of species to which they apply,
and remove specified exemptions for a number of species;
- introduce a new rule, that fishermen should only
carry on board gear of one mesh size range during any single fishing
voyage;
- introduce a new restriction on the use of beam
trawls with a mesh size between 80mm and 120mm;
- introduce new measures to reduce discards, requiring
a vessel to move to a different position at least 5 miles away
if the quantity of undersized fish exceeds 10% of the catch in
any one haul, or to a new position at least 10 miles away if the
minimum/maximum percentages of target species caught in any one
haul do not comply with those laid down in the Regulation;
- extend the prohibitions on unconventional (destructive)
fishing methods to include, not just catching, but retention on
board, transhipment, storage, landing, sale, display or offer
for sale, and the use of any kind of projectile;
- replace a requirement for the Commission to confirm
within 10 days any emergency conservation measure adopted by a
Member State with the imposition of a 10 day limit on the duration
of any such measure;
- require proposals submitted by Member States
and RACs for the reduction or elimination of discards to be considered
by the Commission within 3 months, and enable Member States to
take action in their waters if delay would lead to irreparable
damage; and
- introduce a new provision requiring the Commission
to submit, every five years, a report on the implementation of
the Regulation, including an assessment of the technical measures
taken.
The proposal would, however, transfer to the detailed
RAC Regulation various provisions relating to towed gear; to beam
trawls; to restrictions on fishing activities in the 12 mile zone
around the UK and Ireland; and to catch composition (where the
number of species to which these apply would be reduced from 51
to 10).
The Government's view
13.4 We first received from the then Minister for
Marine, Landscape and Rural Affairs at the Department for Environment,
Food and Rural Affairs (Mr Jonathan Shaw) an Explanatory Memorandum
of 3 July 2008, but, as this indicated that an Impact Assessment
would be prepared and circulated following consultation with the
UK industry and other interested parties, we decided to await
the further light which this might shed on the implications of
a very complex and detailed set of technical proposals.
13.5 We have now received from the present Minister
(Mr Irranca-Davies) a Supplementary Explanatory Memorandum of
15 December 2008, enclosing the promised Impact Assessment. The
latter points out that the proposals would affect the whole Community
fleet, including 6,763 vessels and some 12,730 fishermen in the
UK. Others affected would include recreational anglers; Community
vessels (and Member State nationals) in non-Community waters;
imported fishery products caught outside the areas otherwise covered,
or by third country vessels fishing in Community waters; and enforcement
bodies (such as the Marine and Fisheries Agency and Sea Fisheries
Committees). The Assessment endorses the need both to simplify
the various measures (and so ensure their more effective operation
and application), and to provide RACs and the industry itself
with the ability to contribute actively to the development of
technical rules. It says that the Government therefore agrees
with the approach taken by the Commission in distinguishing between
measures applicable to all sea areas in the framework Regulation,
and those which would apply regionally in separate RAC Regulations:
and it regards this proposal as a major opportunity to put into
effect commitments to simplify the CFP. In addition, the Assessment
comments that the proposals are broadly consistent with DEFRA's
Fisheries Vision, to which it says the Commission has given a
very positive reception.
13.6 As regards the more detailed aspects of the
proposal, the Government:
- supports the reduction in the
number of species subject to minimum landing sizes, which it regards
as consistent with the simplification agenda: at the same time,
it recognises that these measures are a fundamentally important
aspect of fisheries management, acting as a disincentive to target
juvenile fish, and reducing the likelihood of large-scale discarding,
and it believes that there is a case for retaining minimum landing
sizes for a number of shellfish species (such as lobster) and
for anglerfish, haddock and plaice;
- supports the proposal to reduce the number of
species subject to catch composition rules, subject to the continuing
inclusion of species, such as sole and plaice, which are subject
to management plans;
- supports the move to consolidate gear construction
measures into a single document, which a skipper in a particular
fishery or area can easily consult, adding that changes to gear
regulations not supported by the industry can be difficult to
enforce;
- supports the "one net" rules, subject
to investigating the case for permitting more than one net in
certain circumstances (for example, where whitefish and herring
or mackerel are targeted during the same trip);
- supports in principle the proposal to reduce
discards by requiring vessels to move to another area when maximum
by-catches are exceeded, provided whatever is agreed is consistent
with the Commission's wider discard initiative, pointing out that
the UK is currently operating a system which provides additional
fishing days to those who adhere to closures to avoid significant
concentrations of cod and are willing to change to gear which
catches fewer young fish or to introduce fishing plans which commit
to significant reductions in cod discards: it does, however, point
out that the proposal raises a number of practical issues which
need to be resolved;
- welcomes the greater flexibility given to Member
States to introduce emergency measures, though it would prefer
these to be permitted for up to 21 days;
- supports the adoption through separate Commission
Regulations of more detailed rules on a regional RAC basis, which
it describes as a significant change giving the Commission greater
discretion, but as one where the potential benefits of increased
flexibility outweigh any risks in ceding greater discretion to
the Commission: it does, however, wish to remove a reference to
such a Regulation applying to unspecified "other technical
measures", which is regards giving the Commission a potentially
very wide power.
Conclusion
13.7 This proposal is to be welcomed, in that
it does appear to be a genuine attempt to simplify the detailed
and complex rules applying in this important area, where the provisions
are currently spread over a number of different Regulations, and
have thus created difficulties for both fishermen and enforcement
authorities. In particular, it seeks to draw a distinction between
common measures applicable to all areas (which would be laid down
in the Regulation itself), and those specific to areas covered
by certain of the Regional Advisory Committees (and which would
be the subject of measures to be adopted by the Commission under
comitology procedures).
13.8 We note that, although the Government will
be seeking clarification and/or amendment of a number of detailed
points, it is content both with the broad thrust of the proposal,
and with much of its detailed provisions. Consequently, although
we are drawing the proposal to the attention of the House, we
do not think it raises issues which require further consideration,
and nor do we believe it is necessary to hold it under scrutiny.
We are therefore clearing it.
71 The Commission has published four supplementary
draft regional Commission Regulations, which contain the detailed
rules which would apply in each of these RAC areas. Back
72
It would also be open to an RAC to propose measures relating to
discards. Back
|
