28Fisheries Discard Plans
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Committee’s assessment |
Politically important |
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Cleared from scrutiny; further information requested; drawn to the attention of the Environment, Food and Rural Affairs Committee |
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Document details |
(a) Commission Delegated Regulation of 20 October 2017 establishing a discard plan for certain demersal and deep sea fisheries in North-Western waters for the year 2018; (b) Commission Delegated Regulation of 20 October 2017 establishing a discard plan for certain demersal fisheries in the North Sea and in Union waters of ICES division IIa for the year 2018 |
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Legal base |
Regulation (EU) 1380/2013 |
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Department |
Environment, Food and Rural Affairs |
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Document Numbers |
(a) (39160), 13591/17 + ADD 1, C(17) 6990; (b) (39176), 13730/17 + ADD 1, C(17) 6997 |
Summary and Committee’s conclusions
28.1As part of the 2013 reform of the Common Fisheries Policy (CFP) it was agreed to phase in a landing obligation on stocks subject to quotas in order to end the practice of discarding fish. Implementation of the discard ban was foreseen through either regional multiannual plans or a series of regional discard plans drawn up by the Member States concerned as “joint recommendations”. This is an example of the regionalised approach to decision-making under the reformed CFP, whereby rules are more tailored to the needs of the specific sea area than was previously the case.
28.2These two documents concern the discard plans for the demersal355 and deep sea fisheries of the North Sea (North Sea, Norwegian Sea and Kattegat and Skagerrak) and North Western Waters (West of Scotland, Irish Sea, English Channel and Celtic Sea) for 2018. The demersal landing obligation in both areas is subject to a phased introduction between 1 January 2016 and 1 January 2019.
28.3The discard plans set out:
- the precise geographical areas covered, the species involved and the fishing gears that are employed;
- scientifically justified exemptions to the landing obligation based on high survival rates when fish that have been caught are returned to the sea post-capture; and
- a small number of scientifically justified de minimis exemptions to the landing obligation, where landing unwanted fish would have resulted in a disproportionate cost for the businesses affected or where further selectivity was not possible in the short term.
28.4While presented as Commission Regulations, they are based on the Joint Recommendations prepared by the concerned Member States. Further details are set out below.
28.5The Minister for Agriculture, Fisheries and Food (George Eustice) notes that, during the reform of the CFP, the UK led the calls for the introduction of a landing obligation and for increased regionalised decision making. He notes that the concerned Member States demonstrated in discussions on both of these plans an appetite to tailor the rules to best fit the needs of the fisheries concerned. While Member States aimed to be as progressive as possible, certain fisheries will not be included until 2019, thus providing industry with more time to adapt and to develop scientific evidence to apply exemptions.
28.6It is welcome to see the regional approach to decision-making being applied within the implementation of the landing obligation. An important element of the EU’s regionalisation process is the involvement of stakeholders—from the fishing industry and environmental organisations—through the various Advisory Councils.
28.7We note the Minister’s satisfaction with the process from the perspective of Member State collaboration. He explains that there was also engagement between the UK administrations and UK industry and environmental NGOs, although he appears to emphasise the particular influence of industry, noting that the UK was able “to represent industry effectively and tailor the recommendations appropriately”. We ask the Minister to set out how a full range of stakeholders were engaged. Was engagement through the Advisory Councils at all or was it largely through bilateral channels? How much input did the respective Advisory Councils make into the process?
28.8In the light of the Minister’s satisfaction with the process, we ask the Minister to set out his view for the future of regional cooperation post-Brexit. Stakeholders are currently able both to engage directly with the UK Government and devolved administrations and to feed in views to the Commission and others on draft plans through their engagement in the relevant Advisory Councils. How will UK stakeholders’ options for engagement be at least maintained at current levels post-Brexit? Has the Minister sensed any appetite for continued UK engagement in the Advisory Councils?
28.9On the detail, we are aware that a particular concern relating to the implementation of the landings obligation has been the phenomenon of “choke species” whereby insufficient quota for one species in a mixed fishery prevents the fishing of species for which quota is held. To what extent does the agreed discard plan address this issue?
28.10We are content to release the documents from scrutiny. We look forward to a response to the issues highlighted within two working weeks. We are drawing the documents to the attention of the Environment, Food and Rural Affairs Committee in the light of that Committee’s inquiry into the future of UK fisheries.
Full details of the documents
(a) Commission Delegated Regulation of 20 October 2017 establishing a discard plan for certain demersal and deep sea fisheries in North-Western waters for the year 2018: (39160), 13591/17 + ADD 1, C(17) 6990; (b) Commission Delegated Regulation of 20 October 2017 establishing a discard plan for certain demersal fisheries in the North Sea and in Union waters of ICES division IIa for the year 2018: (39176), 13730/17 + ADD 1, C(17) 6997.
Background and Content
28.11A key objective of the new Common Fisheries Policy (CFP)356 is the progressive elimination of discards in all EU fisheries. There is a series of provisions designed to facilitate the implementation of the landing obligation. Member States have the flexibility to increase quota by 10% if necessary. Certain other flexibility mechanisms, allowing exemptions for highly survivable species (those that can survive after being caught and then returned to the sea) and for a small percentage in identified circumstances, need to be agreed through either multiannual plans or discard plans.
28.12The respective Joint Recommendations were developed by the concerned Member States in consultation with stakeholders through the relevant Advisory Councils.357 They were then evaluated by the Commission and will come into effect on 1 January 2018.
North Western Waters
28.13The exemptions for highly survivable species include: sole under specific circumstances; and Norway lobster caught in pots, traps or creels in the Irish Sea, Celtic Sea and West of Scotland.
28.14There are various “de minimis” exemptions allowing a small proportion of catches of common sole, Norway lobster and whiting to be discarded under certain conditions. For example, vessels using bottom trawls and seines with a mesh size of less than 100mm in the English Channel will be allowed to discard up to 3% of the total annual whiting catch.
North Sea
28.15The landing obligation is being extended to more fisheries from 1 January 2018 and will now also include cod, whiting and saithe caught by all types of fishing gear. While discards of cod will still be permitted in the Skagerrak, a number of specific technical measures will apply in that area.
28.16The exemptions for highly survivable species include: Norway lobster under some specific circumstances, such as catches in the Firth of Forth and Moray Firth with bottom trawls with a mesh size of at least 80mm equipped with a netgrid selectivity device; common sole under very limited circumstances; and cod, haddock, whiting, plaice, sole, hake and saithe caught accidentally as bycatch in pots and fyke nets.
28.17There are various “de minimis” exemptions allowing a small proportion of catches of sole, Norway lobster, haddock, whiting, northern prawn, cod, saithe, plaice and hake to be discarded under certain conditions. For example, vessels using trammel nets and gill nets in the North Sea will be allowed to discard up to 3% of the total annual common sole catch.
The Minister’s Explanatory Memoranda of 10 November 2017
28.18The Minister explains that, during the reform of the CFP, the UK led the calls for the introduction of a landing obligation and for increased regionalised decision making. He adds that the content of these plans is based on the joint recommendations that were developed and agreed by the respective regional groups. Member States in both groups demonstrated an appetite to tailor the rules to best fit the needs of the fisheries concerned.
28.19Ministers and officials from across the UK’s fishing administrations also worked with UK industry and environmental NGOs to identify their concerns and inform the UK position. This, says the Minister, enabled the UK to represent industry effectively and tailor the recommendations appropriately.
28.20For both sea areas, Member States aimed to be as progressive as possible, explains the Minister, but certain fisheries have not been introduced for 2018 and will instead be introduced in 2019, when the landing obligation will be fully implemented for all species subject to catch limits. This, he argues, will provide more time for industry to adapt to the rules and to develop further scientific evidence to apply exemptions.
Previous Committee Reports
None.
355 The demersal species concerned are largely flatfish (such as sole, plaice and flounder) and whitefish (such as cod, hake, haddock and whiting). Norway lobster (scampi) are also included.
356 Regulation 1380/2013 of 11 December 2013 on the Common Fisheries Policy.
357 The Advisory Councils include representatives of the fishing industry, recreational anglers and environmental organisations.
1 December 2017