Documents considered by the Committee on 19 November 2014 - European Scrutiny Committee Contents


2 Fisheries: catch quotas and effort limitation for 2015

Committee's assessment Politically important
Committee's decisionWaiver to be granted if Government arranges the usual general debate on fisheries (see paragraph 2.4 below); Document remains under scrutiny
Document detailsCatch opportunities in 2015 for EU vessels for fish stocks in EU and non-EU waters
Legal baseArticle 43(3) TFEU; QMV
DepartmentEnvironment, Food and Rural Affairs
Document numbers(36469), 14590/14 + ADDs 1-3, COM(14) 670

Summary and Committee's conclusions

2.1 The EU Total Allowable Catches (TACs) for particular fish stocks need to be agreed by the Council before the start of the calendar year to which they apply, but the requirement to take into account scientific advice means that official texts have often been available too late to be scrutinised properly before their adoption. This has been a particular problem for those stocks (including a number of importance to the UK in the North Sea) which are jointly managed with third countries, notably Norway, since the EU share has to be negotiated with them.

2.2 Even though no figures are yet available for jointly managed stocks, or those subject to management by regional fisheries organisations, the Commission has sought in this draft Council Regulation to set TACs for 2015, as well as effort (days at sea) limits for certain stocks, with the proposals reflecting scientific advice, the EU's commitment to restore stocks to levels which will achieve maximum sustainable yields, and meeting the Common Fisheries Policy (CFP) objectives of ensuring that EU fisheries are ecologically, economically and socially sustainable. The hope is that the proposals will be agreed by the Fisheries Council on 15-16 December, when the Government's objectives will be to obtain the best possible outcome for the UK consistent with following scientific advice, achieving maximum sustainable yields by 2015, where possible, and no later than 2020, and minimising discards. It says that an Impact Assessment is being prepared, which will also summarize the UK's negotiating position and priorities, but, in the meantime, it has commented on various aspects of the proposals, including effort restrictions, the treatment of stocks where data is limited, and the Fully Documented Fisheries scheme (under which all catches are landed and counted against quota in order to avoid discards).

2.3 As noted, the relevant negotiations in the Fisheries Council will take place on 15-16 December, and, although this document contains proposals on a significant number of stocks, it excludes a number of great importance to the UK which are managed jointly with Norway. The Minister has not indicated when the latter are likely to be available, but we assume this will not be much in advance of the Council.

2.4 In view of this, and the desirability — which we recognise — of establishing the TACs in question before the start of 2015, the best we can do at this stage is to report the current position to the House, and to ensure that as many Members as possible have a chance to raise points with the Government before any decision is taken. In recent years, this has been achieved by the Government arranging a general debate on fisheries on the Floor of the House (or, occasionally, in Westminster Hall), and we hope that it will again be possible for such a debate to be held this year, well in advance of the December Council.

2.5 If that debate takes place, we would be prepared to grant a waiver under paragraph 3(b) of the Scrutiny Reserve Resolution, in advance of the Council. However, we also think it right to hold the proposals under scrutiny, pending any further information which the Government can provide, particularly on those stocks subject to joint management.

Full details of the document: Draft Council Regulation fixing for 2015 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union vessels, in certain non-Union waters and repealing Council Regulation (EU) No. 779/2014: (36469), 14590/14, COM(14) 670.

Background

2.6 The EU Total Allowable Catches (TACs) for particular fish stocks in the following calendar year are based on scientific advice, and then have to be agreed by the Fisheries Council following a proposal from the Commission. Since agreement is ideally needed before the start of the calendar year to which the proposal applies, this has habitually presented scrutiny difficulties, in that the requirement to take into account the scientific advice means that official texts have often been available too late to be considered properly beforehand: and this has been a particular problem for those stocks (including a number of importance to the UK in the North Sea) which are jointly managed with third countries, notably Norway, since the EU share has to be negotiated with them.

The current proposal

2.7 Even though no figures are yet available for jointly managed stocks, or those subject to management by regional fisheries organisations, the Commission has sought as far as is possible in this draft Council Regulation to set the relevant fishing opportunities for 2015, and, in addition to establishing annual catch limits, it deals with effort (days at sea) limits for the management of certain stocks.

2.8 A table showing the TACs proposed for the stocks of principal interest to the UK is in the Annex below. According to the Commission, these reflect both the scientific advice, and the EU's commitment — first articulated following the 2002 Johannesburg World Summit on Sustainable Development, and now incorporated in the reformed Common Fisheries Policy (CFP) — to bring the stocks to levels which will achieve maximum sustainable yields by 2015 (or 2020 at the latest), and are consistent with the objectives of the CFP in ensuring that EU fisheries are ecologically, economically and socially sustainable. In cases where the necessary data are limited, it has adopted a precautionary approach, involving a TAC reduction of 20%, and, where appropriate, the TACs set are in line with the multi-annual management plans which have been adopted for a number of key stocks. (The TACs for jointly managed stocks are at this stage currently marked as "pm" (pro memoria), in anticipation of specific proposals when the relevant discussions have been concluded, whilst other such entries apply to stocks where the scientific advice is not yet available.)

The Government's view

2.9 In his Explanatory Memorandum of 12 November 2014, the Parliamentary Under-Secretary for Natural Environment and Fisheries (George Eustice) says that it is hoped that the proposals will be agreed by the Fisheries Council on 15-16 December, when the Government's objectives will be to obtain the best possible outcome for the UK consistent with following scientific advice, achieving maximum sustainable yields by 2015, where possible, and no later than 2020, and minimising discards.

2.10 He then comments as follows on various aspects of the proposals:

Maximum Sustainable Yield (MSY)

The UK supports the objective of establishing fishing rates at MSY by 2015 wherever possible, but considers that there is a case for some exceptions, notably where there is a need to avoid discards of by-catch in mixed fisheries. It has already signalled two important such exceptions (relating to North Sea cod and Celtic Sea haddock), where further scientific work due this month is expected in both cases to support different TACs from those initially advised.

The Government is currently considering options for UK stocks, and will be looking to finalise its position in the light of a detailed analysis of the Commission's proposals, taking account of views from scientists, the fishing industry and NGOs. However, for North Sea stocks which are jointly managed by the EU and third countries, the outcome will depend on what the Commission is willing and able to negotiate with Norway.

Effort (days at sea) restrictions

Although these are currently marked as 'pm' in the proposal, the Commission is expected to propose reductions of 20% for most of the cod fisheries covered by the Cod Recovery Plan. The UK will again resist this, arguing — as it did last year — that there should be reliance on the arrangements in Council Regulation (EU) No. 1243/2012.[10]

Data limited stocks

Where the quality of data for a stock is limited, significant efforts have been made in recent years to develop and undertake assessments which can best use what is available. The UK has welcomed these moves, which the Minister says have helped to prevent arbitrary precautionary TAC proposals from the Commission. He also notes that steps were taken at the Council in December 2012 to try and simplify the decision-making process for these stocks, with fixed fishing opportunities being set in some cases for five years.

This was subject to the proviso that the position would be reviewed if there were indications of significant decreases in the health of the stocks in question, and, where appropriate, the UK will push for data limited stocks to be managed on that basis, agreeing a TAC rollover until 2017. Beyond that, the UK recognises the difficulty which some sections of the industry have had with stocks such as skates and rays, and the Minister says that, where appropriate, it will work to limit the automatic precautionary TAC reduction (usually around 20%) proposed by the Commission for these cases by taking into account all available information to inform a case by case consideration, rather than accepting a blanket precautionary approach.

Fully Documented Fisheries (FDF)

This approach is intended to test a catch-quota system where all catches are landed and counted against quota in order to avoid discards. The current proposal does not make any changes, and the UK will aim to ensure the continuation of its Catch Quota schemes at current levels. Also, it is running this year further trials in the North Sea and in South West England, and intends to develop these for 2015, so as to further improve knowledge and help the fishing businesses involved adapt to the landing obligation ahead of implementation. However, the Government will not be looking to extend the scope of these schemes to cover additional species, or increase the level of catch quota received.

Coastal state negotiations on mackerel, blue whiting and herring

The Government says that these stocks — mainly marked as 'pm' in the current proposal — are of great importance to the UK, and that it hopes that these negotiations can be successfully concluded this year to allow fishing activity to take place uninterrupted in the New Year.

Mackerel

The Government had hoped that Iceland would be in a position to join the agreement between the EU, Norway and Faroe Islands from March 2014, but it has not been possible to reach such an agreement this year. Consequently, the negotiations under way seek to continue with the three party agreement without any undue delay.

Blue Whiting

This stock provides an important catching opportunity for the UK pelagic fleet, and is also important as part of the EU quota used to exchange fishing possibilities in the annual negotiations with Norway. The UK supports the Commission in arguing for the TAC in 2015 to be set in line with the best available science, a precautionary approach and minimising risk to the stock.

Atlanto-Scandian herring

The Minister believes that discussions on this stock are closely linked with those on blue whiting, and he says that the UK will continue to urge that no share in the herring stock should be given up unless and until there is at least a corresponding increase in the EU share of blue whiting, where there is a good case for this.

Bass

Sea bass is a late maturing and slow growing species, and the Minister notes that it is a non-quota stock in commercial fisheries, is a popular and economically important fish for recreational sea angling, and has a high market value competing with farmed bass. However, he says that it is clear from the latest scientific advice that European bass levels are unacceptably low, and that action must be taken at EU level to reverse the decline, the scientific advice being that catches in the Irish Sea, Celtic Sea, English Channel, and southern North Sea for both commercial and recreational fisheries for 2015 should be no more than 1155 tonnes (an 80% reduction on what was caught in 2013). Also, the Commission has requested advice from various of the Advisory Councils on the appropriate short term measures to apply in 2015, and the on development of a long term management plan.

The Minister adds that the UK has been pushing for EU-wide conservation measures to ensure that bass stocks recover and become sustainable, and that all interested Member States (including the UK) have agreed the need for urgent management measures to conserve stocks in the Celtic Sea, English Channel, Irish Sea and North Sea. These reflect the approach advocated by the UK in that, instead of setting a TAC, protection would be given to areas where bass spawn, with the socio-economic impact of measures being taken into account.

He notes that the Commission has now proposed a one fish daily bag limit for the recreational sector, and effort and catch limits (at levels to be set) for the commercial sector, which would apply to pelagic trawlers using particular gear in the western Channel from January to April inclusive. He says that this will not protect all major spawning areas, and requires further negotiation if an effective, balanced package of interim measures is to be achieved for both sectors in 2015, with it also being necessary beyond that to develop a management plan to ensure the recovery of the stock.

2.11 The Minister says that an Impact Assessment is being prepared, which will also summarize the UK's negotiation and priorities, and will be set out in a Supplementary Explanatory Memorandum.

Previous Committee Reports

None.

Annex: EU TACs and UK quotas in 2015 (tonnes)
2014
2015
UK quota
Change %
North Sea
Cod
23,073p.m
Haddock
32,079p.m
Saithe
36,917p.m
Whiting
15,233p.m
Sole
11,89010,973 470-8
Plaice
104,117p.m
Hake
2,8742,755 496-4
Monkfish
7,833p.m
Megrim
2,0832,083 2,0060
Dab and flounder
18,43414,747 1,270-20
Lemon sole
6,3916,391 3,9040
Ling
2,428p.m
Turbot and brill
4,6424,642 7170
Nephrops
15,49917,699 15,329+14
Northern prawn
2,446p.m
Skate and rays
1,2561,005 650-20
Sprat
135,000p.m
Eastern Channel
Cod
1,620p.m
Plaice
5,3224,597 1,337-14
Sole
4,8381,931 371-60
Sprat
5,1505,150 2,7020
Western Channel
Cod
6,8482,471 195-64
Haddock
9,4795,605 561-40
Whiting
20,668p.m
Hake
45,89643,995 7,907-4
Pollack
13,49510,796 1,882-20
Sole (English Channel)
832851 501+2
Sole (Bristol channel)
1,001652 183-35
Sole (Western approaches)
382382 640
Plaice (Bristol Channel)
461420 98-9
Plaice (Western approaches)
135135 170
Monkfish
33,51629,536 5,311-12
Megrim
17,38513,814 1,980-20
Skate and rays
8.0326,426 1,661-20
Irish Sea
Cod
228182 78-20
Haddock
1,181945 453-20
Whiting
8080 420
Plaice
1,220976 499-20
Sole
9590 200
Nephrops
20,989p.m
West of Scotland
Cod
00 00
Whiting
292234 135-20
Haddock
3,988p.m
Monkfish
4,432p.m
Plaice
658658 4000
Megrim
4,074p.m
Nephrops
15,287p.m
Saithe
7,545p.m
Pelagic stocks
North Sea herring
282,022p.m
Eastern Channel herring
51,704p.m
Irish Sea herring
5,2514,854 3,590-8
West of Scotland herring
28,06722,690 13,711-20
Blue whiting
185,525p.m
Mackerel
791,906p.m
Norwegian waters
Herring
27,244p.m
Cod
20,524p.m
Haddock
1,200p.m
Faroese waters
Cod and haddock
950p.m
Saithe
3,000p.m



10   The formal adoption of this proposal has been delayed because of a legal challenge mounted by the European Parliament and Commission against the Council having adopted the Regulation, without involving the Parliament. Back


 
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