Documents considered by the Committee on 9 February 2011 - European Scrutiny Committee Contents


12   Fisheries: catch quotas and effort limitation for 2011

(32173)

16068/10

COM(10) 658

Draft Council Regulation fixing for 2011 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable to Community waters and, for Community vessels, in waters where catch limitations are required

Legal baseArticle 43(3)TFEU; QMV
DepartmentEnvironment, Food and Rural Affairs
Basis of considerationMinister's letter of 31 January 2011
Previous Committee ReportHC 428-x (2010-11), chapter 6 (8 December 2010)
Discussed in Council13-14 December 2010
Committee's assessmentPolitically important
Committee's decisionCleared

Background

12.1  The Total Allowable Catches (TACs) for particular fish stocks in the following calendar year are based on advice provided by the International Council for the Exploration of the Sea (ICES), and then by the Commission's Scientific, Technical and Economic Committee for Fisheries (STECF). In those cases where particular fisheries are jointly managed with third countries, the EU share then has to be negotiated with the countries concerned; and the relevant TACs for the EU as a whole agreed by the Fisheries Council (and allocated between Member States according to a predetermined key) on the basis of a proposal put forward by the Commission.

12.2  Since these proposals have to be agreed before the start of the calendar year to which they apply, they have habitually presented scrutiny difficulties, in that the need to take into account the scientific advice means that official texts have often been available too late for them to be considered properly beforehand. Thus, as we noted in our Report of 8 December 2010, the current set of proposals for catches in 2011 for the majority of stocks was not put forward by the Commission until 10 November 2010, and, as the annual negotiations with Norway and other third countries were still in progress, many of the quotas in question depended upon the agreement reached on shared TACs and on the balance of fishing opportunities between the interested parties. In the meantime, the Commission pointed out that the scientific advice was that the majority of stocks across the EU continue to be in a poor state, and that catch reductions were therefore required in most, though not all, cases in order to move towards the maximum sustainable yield.

12.3   In the case of species of principal interest to the UK, the resultant catches for those stocks for which quotas have been established were set out in Annex A of our previous Report (which also recorded the views expressed by the Government in its Explanatory Memorandum of 24 November 2010). That Report also went on to note that there had been a three hour general debate on fisheries in Westminster Hall on 2 December 2010,[59] and, against that background, we said that we believed it would premature to clear the document, but that we recognised that the Council would, for good practical reasons, be seeking to adopt the proposals at its meeting on 13-14 December. We therefore said that we would not want to prevent the Government from agreeing to this, if it was otherwise minded to do so, but that we would like to receive as soon as possible after any such agreement had been reached an account of the outcome, with an indication of those areas where significant changes had been made to the Commission's proposals. We added that we would at that stage consider whether to release the document from scrutiny or recommend it for further debate in European Committee.

Minister's letter of 31 January 2011

12.4  We have now received from the Minister for the Natural Environment and Fisheries at the Department for Environment, Food and Rural Affairs (Mr Richard Benyon) a letter of 31 January 2011, summarising the outcome of the Council. After recalling the challenging background arising from the poor scientific outlook for most stocks, and the need to balance conservation against the livelihoods of fishing fleets and their local communities, he reports that the Government was able to secure some "significant" gains for the UK in line with the priorities it had set.

12.5  In particular, he says that:

  • the UK successfully resisted the division of the English Channel plaice fishery, which would have created real problems for UK fishermen, by unreasonably restricting both their fishing opportunities and their flexibility;
  • it also obtained the Commission's commitment to a fundamental and comprehensive review of the EU's Cod Recovery Plan in 2011, which, at the UK's insistence, will look in particular at exploring appropriate incentives to encourage fishermen to participate further in more sustainable fishing activities and developing novel ways of improving the long-term management of EU fish stocks;
  • the results of the recent EU/Norway agreement were endorsed, with a welcome 12% increase in the amount of additional North Sea cod quota available as part of an expanded catch quota scheme, which will allow fishermen to land more of what they catch, in return for more intensive monitoring of their fishing activities and restrictions on discarding: an additional 5% was also subsequently agreed for Western Channel sole to carry out a similar project, and there were also increases in quota for both North Sea whiting (+15%) and herring (+21%), reflecting improved scientific positions, stemming in the former case from additional information provided by the UK;
  • elsewhere, the UK was able to resist the extension of the cod recovery plan to the Celtic Sea, the Commission accepting that this would have been unduly restrictive in a fishery where cod represents only a very small proportion of total catches (and where what is caught is predominantly non-quota species such as squid, cuttlefish and red mullet): there was, however, a welcome commitment to consider a more appropriate management regime next year;
  • in the South West, the UK was able to persuade the Commission that a reduction in fishing effort was not in keeping with the spirit of the Western Channel sole management plan and would pose difficulties, given the 15% TAC increase that had been agreed: as a result, the proposal was dropped;
  • in the Irish Sea, the UK devoted a considerable amount of time to ensuring further thought is given to the potential for a Functional Unit management regime for Nephrops (langoustines) next year, before any decision is reached: consequently, this will not now apply in 2011, and the UK also ensured that the proposed 17% cut in TAC was reduced to 3% to better reflect the latest scientific assessment for the stock, and that the Irish Sea herring TAC was increased by 10%, following submission of more recent scientific advice;
  • in the West of Scotland, fishermen will have 10% more quota for megrim in 2011 and only 2% less for monkfish, which are significant improvements on the Commission's original proposals, reflecting improved science for both stocks;
  • the UK again invoked Hague Preference on both North Sea haddock and whiting to supplement significantly the amounts otherwise available, and so ensure adequate fishing opportunities for these stocks for fishermen in the North East and Scotland: it also counter-invoked on those stocks of interest to the UK (to the west of the British Isles), where Ireland applied its own Hague Preference prerogative, thereby limiting the potential damage.

Annex A contains a table listing the final position on a fuller range of stocks of interest to the UK, with the initial Commission proposal (where different) being shown in italics.

12.6  In relation to other aspects of the negotiations, the Minister says that it is clear that 2011 will be a particularly challenging year for the effort regime in the Irish Sea, North Sea and West of Scotland, and that the UK will need to deliver 15% cuts in effort for the main gears in North Sea cod recovery zone and a 25% cut in West of Scotland and Irish Sea, in line with provisions of the management plan. As highlighted above, this management plan will be subject to review during the year. Having said that, the Minister suggests that, taken as a whole, this was a very good result for all parts of the UK — and one which shows that the UK is committed not only to the long-term sustainability of the stocks in question, but also the economic viability of its fleet. He believes this was a successful Council during which the UK was able to make gains in a number of important areas, with a package offering a fair deal in which UK fishermen gain vital quota increases while enabling action to protect stocks and cut waste. He says that he now looks forward to working with the fishing industry in 2011 on the implementation of the provisions agreed.

Conclusion

12.7  Whilst it is clear that the underlying weaknesses of the Common Fisheries Policy remain, there does seem to be a general recognition within the fishing industry that the UK achieved, at the December 2010 Fisheries Council, as good an outcome as could have been expected, given the Commission's original proposals and the scientific advice on the state of the majority of the stocks in question. Consequently, although we will undoubtedly wish to return to some of the wider issues in the context of the legislative proposals which the Commission is expected to put forward later this year following its Green Paper[60] on the reform of the CFP, we are content to clear the current document on the basis of this further Report to the House.

Annex: Total Allowable Catches in 2011
TACs in 2011 (tonnes)
2010
UK quota

2011
% change

North Sea
Cod33,552 13,06726,279

tbc

-10

tbc

Haddock35,794 22,69834,057

tbc

-5

tbc

Saithe107,044 8,43593,318

tbc

-13

tbc

Whiting12,897 7,39114,832

tbc

+15

tbc

Sole14,100 60213,600* -3.5
Plaice 63,825 16,95173,400

tbc

+15

tbc

Hake1,935 3481,935

tbc

0

tbc

Monkfish11,345 9,2339,643* -15
Annex: TACs in 2011 (tonnes)
2010
UK quota

2011
% change
Megrim1,757 1,6901,845

1,757

+5

0

Nephrops24,688 21,38423,454

22,580

-5

-8.5

Eastern Channel
Cod1,955 1811,564

tbc

-20

tbc

Plaice4,274 1,2434,665

4,018

+9

-9

Sole4,219 8114,852

4,156

+15

-1.5

Western Channel
Cod4,023 2934,023

3,420

0

-15

Haddock11,579 1,15813,316

11,579

+15

0

Whiting14,407 1,46316,568

14,407

+15

0

Hake30,900 5,55330,900* 0
Sole (English Channel) 618363 710*+15
Sole (Bristol channel) 993279 1,241*+25
Sole (Western approaches) 49883 423*-15
Plaice (Bristol Channel) 45163 410*-9
Plaice (Western approaches) 21814 185*-15
Monkfish32,292 5,80732,292

27,448

0

-15

Megrim18,300 2,62418,300

15,555

0

-15

Irish Sea
Cod674 194506

337

-25

-50

Haddock1,424 6811,317

1,210

-8

-15

Whiting157 61118* -25
Plaice1,627 4911,627* 0
Sole402 83390

320

-3

-20

Nephrops22,432 7,35821,759* -3
West of Scotland
Cod 240 145180

120

-25

-50

Annex: TACs in 2011 (tonnes)
2010
UK quota

2011
% change
Whiting431 246323

216

-25

-50

Haddock2,673 2,0812,005* -25
Monkfish5,567 1,7135,456

3,748

-2

-25

Megrim3,079 9663,387

3,079

+10

0

Nephrops16,057 15,67713,681* -15
Pelagic stocks
North Sea herring164,300 24,223200,000

tbc

+22

tbc

Irish Sea herring4,800 3,5505,240

4,800

+10

0

Clyde herring720 720To be set
West of Scotland herring 24,24014,356 22,481*-8
Mackerel295,366 172,268258,684

tbc

-12

tbc

Tbc: Agreement to be reached with third countries.

*No change made to original Commission proposal.




59   HC Deb, 2 December 2010, cols 341WH-386WH. Back

60   (30556) 8977/09: see HC 19-xviii (2008-09), chapter 2 (3 June 2009). Back


 
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