36 Fishing opportunities for 2011
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9888/10
COM(10) 241
| Commission Communication: Consultation on fishing opportunities for 2011
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| Legal base | —
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| Document originated | 17 May 2010
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| Deposited in Parliament | 25 May 2010
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| Department | Environment, Food and Rural Affairs
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| Basis of consideration | EM of 2 June 2010 and Minister's letter of 15 July 2010
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| Previous Committee Report | None
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| To be discussed in Council | See para 36.8 below
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
36.1 The Council sets for each calendar year the total allowable
catches (TACs) which may be taken by EU vessels in the major fisheries
in its waters, these being divided between Member States according
to a pre-determined key. Because of the need for the Commission's
proposals to be based on the latest scientific advice, this has
often meant they have not been available until very near the time
when decisions need to be taken, which in turn has presented problems
both for decision-makers in Brussels and for proper Parliamentary
scrutiny. The Commission has therefore sought of late to put forward
in the middle of the year a general assessment of the position
and of its intentions as a basis for consultation with the industry
and Member States, and the current document seeks to do this for
fishing opportunities in 2011.
The current document
36.2 The Commission says that its approach follows seven guiding
principles:
- setting fishing opportunities at a level which ensures sustainable
exploitation of resources in environmental, economic and social
terms;
- limiting changes in catches from one year to
another as far as practicable, in order to provide a stable and
predictable framework for fishermen;
- respecting the EU's international commitments,
notably those at the World Summit on Sustainable Development (WSSD),
to rebuild stocks so as to reach their maximum productivity by
2015;
- ensuring the implementation of long-term plans;
- reducing fishing of over-exploited stocks, and
re-building those which are depleted;
- basing proposals on scientific advice, usually
provided by the International Council for the Exploration of the
Sea (ICES); and
- application of the precautionary approach.
36.3 The Commission notes that, if the aim of reaching
maximum sustainable yields by 2015 is to be met, many of the long-term
plans having this as their objective now need to be implemented,
and that it will be making appropriate proposals: it also says
that, where no such plans have yet been proposed, it would be
right to move towards the maximum sustainable yield by reducing
fishing mortality in four equal steps, starting in 2011.
36.4 It then assesses the state of the EU's fishing
resources, commenting that the number of stocks known not to be
over-fished has increased from two in 2005 to 11 in 2010, with
good progress having been made in areas such as the North Sea;
that the number of stocks subject to advice to stop fishing has
decreased from 20 to 14; that the number of stocks outside safe
biological limits, but not subject to advice to stop fishing,
has diminished from 30 in 2003 to 22 in 2010; and that, whilst
TACs have still been set at much higher levels than those advised
by scientists, this excess has decreased from 47% to 34% in 2010.
On the other hand, it says that there are more stocks, not least
in the west of Scotland and the Celtic and Irish Seas, where scientists
have not provided advice because of concerns over data quality
or other reasons. It also highlights the fact that the absence
of an agreement on migratory pelagic stocks for 2010 implies catches
of mackerel nearly 40% higher than the sustainable catch which
would have been set if the long-term plan agreed in 2009 by the
EU, Norway and Faroes had applied, and suggests that, although
this stock is currently at a high level, there is a risk of rapid
depletion if good management is not restored. Overall, it suggests
that, whilst there are signs of improvement, success is far from
guaranteed, and that efforts to eliminate over-fishing have to
be maintained.
36.5 On the setting of fishing opportunities, the
Commission notes the continuing need to restrict catches and effort,
and suggests that a reinforced move towards an approach based
on maximum sustainable yields should help to reduce the gap between
the scientific advice and the actual TAC, with there also being
a need for adaptations in fishing effort in a number of long-term
plans. It adds that such plans remain at the core of its policy,
and that, although no new ones came into force in 2009, it intends
to propose measures for west of Scotland haddock and Celtic Sea
herring in 2010, when work will also continue on bringing more
stocks under long-term management. It also addresses the rules
for setting TACs where no long-term plans are in force, where
there are currently 11 different approaches according to the scientific
assessment of the state of the stock. It suggests that, where
a stock is over-fished but within safe biological limits, the
permitted change in TAC from one year to another should be increased
from 15% to 25%, whilst in the case of stocks where no scientific
advice is available (or the state of the stock is not known precisely)
it says that TACS "should be adjusted towards recent real
catch levels".
The Government's view
36.6 In his Explanatory Memorandum of 2 June 2010,
the Minister for Natural Environment and Fisheries at the Department
for Environment, Food & Rural Affairs (Mr Richard Benyon)
says that the improvement
in the scientific prognosis for some stocks is encouraging and
reflects efforts to reduce exploitation rates in fisheries over
recent years. However, he says that the UK shares concerns that
a number of stocks continue to be outside safe biological limits
and agrees that efforts need to be made to reduce exploitation
levels. In particular, he is concerned at the increasing number
of stocks for which scientific advice or full analytical stock
assessments are not available, which he suggests hampers the management
of the fisheries for long-term sustainability, and he also believes
that efforts need to be made to take account of all sources of
information on the state of stocks, including that collected and
provided by the fishing industry.
36.7 More specifically, the Minister says:
- that the move towards fishing
rates based upon maximum sustainable yields is to be welcomed,
that the Government is committed to meeting its international
obligations under the WSSD, and that it is encouraged that ICES
is this year providing scientific advice on this basis for the
first time (though he highlights the need for full consideration
of the economic impact on fishing communities);
- that long-term management plans have clearly
contributed to the success of measures to reduce exploitation
levels in the North Sea, and that the UK will continue to work
with the Commission and other Member States towards the development
of further plans, adding that a clear framework for the setting
and allocation of fishing opportunities is essential;
- that the Government shares the Commission's concerns
over the lack of agreement with coastal states on mackerel, particularly
given the economic importance of the stock to the UK, and will
continue to press for a solution to this issue in the coming weeks;
- that further reductions in effort under the cod
recovery plan can be expected to result in a reduction in 'days
at sea' for vessels fishing West of Scotland, in the Irish Sea
and in the North Sea, and that, since the UK industry has made
considerable efforts to increase the sustainability of its fishing
practices, the Government will continue to argue that the management
of fishing effort should reflect the need to reward fishermen
for these undertakings; and
- that the Government supports the need for a more
satisfactory approach to the setting of TACs in the absence of
scientific advice, and will continue to work with the Commission
in finding a solution, though it does not believe that reducing
TACs to average landings in the absence of advice (the 'use it
or lose it' approach) is consistent with advice not to increase
effort, and considers that such a policy not only encourages fishermen
to see the TAC as a target, not a limit, but fails to recognise
that catches fluctuate for a number of reasons independent of
the state of the stock.
36.8 In the coming months, the Government says that
it will undertake extensive consultation with stakeholders on
both this document and in reaction to the scientific advice released
in the second half of the year, in order to inform the UK position
for the autumn negotiations on the TACs for 2011 on the Commission's
formal legislative proposals, which are expected at the end of
October 2010. He observes that, although this Communication is
not itself a formal legislative proposal, and the agreement of
Member States on its content is not being sought, the Council
will have an opportunity on 29 June to discuss the framework set
out in it, and that the UK Government and organisations will also
be able to submit written comments.
Minister's letter of 15 July 2010
36.9 The Minister concluded by saying that scientific
advice on the most significant commercial demersal species was
due to be issued by ICES on 30 June, and he has since sent us
a letter of 15 July, summarising the main points. He says that
for many (though not all) of the fisheries covered, the situation
is similar to last year, with stocks below recommended levels
and reduced or poor entry levels of young fish. As a result, there
are a significant number of key UK stocks where further cuts are
advocated, including North Sea cod (20% cut in TAC, and 15% cut
in effort), haddock (5% cut in TAC), whiting (15% cut in TAC)
and saithe (13% cut in TAC); Irish Sea cod (25% cut in both TAC
and effort), haddock (15% cut in TAC), whiting and sole (20% cut
in TAC); and West of Scotland cod (25% cut in TAC and effort),
haddock (25% or more cut in TAC) and whiting.
Conclusion
36.10 As we have indicated, the Commission has
in recent years produced reports of this kind in order to help
prepare the ground for subsequent discussions on the level of
TACs and fishing effort for the subsequent calendar year, and,
although these have not always warranted a substantive Report
to the House, there are two reasons why we believe such a Report
would be appropriate in the current case. First, the Commission's
analysis suggests that there have in certain cases been some improvement
in the state of the stock as a result of the action taken. Against
this, however, it is clear from the advice since provided by ICES
that, despite such progress, further quite significant cuts could
well be proposed in TACs and effort levels for a number of stocks
of importance to the UK.
36.11 Since the Commission intends to bring forward
legislative proposals in the autumn, we do not believe it would
be sensible at this stage to recommend that further consideration
should be given by the House to this document given that it is
the subject of a widespread consultation, and that it is likely
to be overtaken by events before any such consideration could
take place. Nevertheless in clearing it, we think it right to
draw it to the attention of the House.
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