EN    EN  COMMISSION OF THE E UROPEAN COMMUNITIES 
Brussels, 5.2.2007 
COM(2007) 39 final 
  
COMMUNICATION FROM THE COMMISSI ON TO THE CO UNCIL AND THE 
EUROPEAN PARLIAMENT 
on improving fishing capacity and effort indicators under the common fisheries policy 
 
EN 2   EN COMMUNICATION FROM THE COMMISSI ON TO THE CO UNCIL AND THE 
EUROPEAN PARLIAMENT 
on improving fishing capacity and effort indicators under the common fisheries policy 
Table of contents 
1. Objective of this Communication ................................................................................ 3 
2. Definition of fishing capac ity and fishing effort.......................................................... 3 
2.1. Fishing capacity .......................................................................................................... .3  
2.2. Fishing effort............................................................................................................ .... 3 
3. Quantification of fishing capacity................................................................................ 4 3.1. Fishing capacity indicators ba sed on vessel characteristics......................................... 4 
3.1.1. Tonnage of a fishing vessel.......................................................................................... 4 3.1.2. Power of a fishing vessel.............................................................................................. 5  
3.1.3. Other fishing capacity indicators based on vessel characteristics................................ 6 
3.2. Fishing capacity indicators  based on fishing gear........................................................ 6 
3.2.1. Fishing gear type and size. Efficiency and selectivity ................................................. 6 
3.2.2. Fishing capacity indicators for trawls .......................................................................... 7 3.2.3. Fishing capacity indicators for longlines ..................................................................... 7 3.2.4. Fishing capacity indicators for seines .......................................................................... 7 3.2.5. Fishing capacity indicators for pots ............................................................................. 7 3.2.6. Fishing capacity indicators fo r gillnets and trammel nets............................................ 7 
3.2.7. Control and enforcement.............................................................................................. 7 4. Technological progress ................................................................................................ 8 5. Fishing activity............................................................................................................ .9  
5.1. Definition of fishing activity........................................................................................ 9 5.2. Recording and monitoring of activity; logbook........................................................... 9 6. The way forward ........................................................................................................ 10 7. Conclusions................................................................................................................ 1 1 
 
EN 3   EN 1. OBJECTIVE OF THIS COMMUNICATION  
The adjustment of the capacity of the fleets to their available fish ing opportunities and the 
limitation of fishing effort where it is required for the conservation of fish stocks are key 
management instruments of the Common Fisheries Policy. 
The aim of this Communication is to open a de bate on the most appr opriate way to quantify 
fishing capacity and fishing effort in the framework of the Common Fisheries Policy. 
2. DEFINITION OF FISHING CAPACITY AND FISHING EFFORT  
2.1. Fishing capacity 
Fishing capacity is defined as the ability of  a vessel or group of vessels to catch fish1. There 
are two approaches to the quantification of capacity. 
The economic approach equates the capacity of a vessel or group of ve ssels to the maximum 
output , or maximum amount of fish than can potentially be caught  over a certain period of 
time, provided that the vessels ar e fully utilised and the stocks  remain in a healthy condition. 
The other approach, generally adopted for fish eries management, bases the quantification of 
fishing capacity on the ‘potential’ for fleets to constitute an input  to the fishery in terms of 
generation of fishing mortality. This quantific ation of the maximum potential input may be 
based on vessel or fishing gear characteristics. These vessel or gear characteristics may also 
be referred to as fishing capacity parameters. 
In the framework of the Common Fisheries Policy, fishing capacity has so far been quantified 
on the basis of vessel characteristics. This approach dates back to  the first multiannual 
guidance programmes adopted in the early 1980’s. The fishing cap acity indicators chosen at 
the time were vessel tonnage and engine power , and these have been included in the basic 
regulation of the Common Fisheries Policy2, which also provides for the possibility to define 
fishing capacity in terms of the amou nt and/or the size of fishing gear. 
2.2. Fishing effort 
Community law defines fishing effort for a vessel as the product of its capacity and its 
activity. For a group of vessels, the fishing effort is  defined as the sum of the fishing effort of 
each vessel.  
Fishing effort may be thought of as an energy input, where capacity represents the power and 
activity represents the time during which the power is used. This is particularly straightforward when capacity is defined as vessel power (see 3.1.2). 
                                                
 
1 Gréboval D. (ed.) Managing fishing capacity: selected papers on underlying concepts and issues. FAO 
Fisheries Technical Paper. No. 386. Rome, FAO. 1999. 
2 Article 3 of Council Regulation (EC) No 2371/2002 of 20 Decem ber 2002 on the conservation and 
sustainable exploitation of fisheries resources under the Common Fisheries Policy. 
 
EN 4   EN 3. QUANTIFICATION OF FISHING CAPACITY  
3.1. Fishing capacity indicators based on vessel characteristics 
It is common practice to quantif y capacity on the basis of vessel characteristics. This approach 
is simple and relatively easy to enforce, at l east in respect of tonnage. Tonnage and power are 
the two most commonly used indicators,  although there ar e alternatives.  
3.1.1.  Tonnage of a fishing vessel 
The tonnage of vessel is a functi on of all or part of its encl osed volume. There are various 
systems to calculate the tonnage  of a vessel and they differ essentially in respect of the 
volumes taken into account for the calculation. 
In the early days of the CFP, Member States applied different standa rds to measure tonnage. 
Only vessels over 24 m in length that made in ternational trips were measured by means of a 
common system across the Community, since th ey were subject to the London Convention3. 
In 1994, the Council adopted the current tonnage definition that  applies to all Community 
fishing vessels4. For vessels of 15 m or more in overa ll length, tonnage is calculated as a 
function of the total enclosed volume as defi ned by the London Convention, while for vessels 
of less than 15 m the total enclosed volume is replaced by an estimate of the hull’s volume (a 
function of length, breadth and depth). 
Since the end of 2003, all Community fishing vessels have been measured in accordance with 
a common definition of tonnage. This is an important achievement for the CFP. However, from time to time fishermen request that certa in spaces within the vessel should be exempted 
from the calculation of tonnage or  even from the entry-exit regime
5. In the Commission’s 
view, this would represent a backwards step  that would undermine the current capacity 
management measures. In the past, tonnage was measured in different ways in the Member 
States, but common to all of them was the fact that certain spaces were not taken into account 
in the calculation. This made th e system complicated and encour aged the mis-declaration of 
the use of spaces in order to be able to replace an old vessel by a bigger one. 
Experience shows that the current definition of  tonnage is satisfactory and there are no plans 
to fundamentally change it. 
This being said, small improvements in the application of the Community tonnage 
measurement standard could still be made, such as defining the precision required in 
calculating GT or the way to calculate volume in particular circumstances, as in the case of catamaran vessels of less than 15 m in length.  
                                                
 
3 International Convention on Tonnage Measurement of Ships signed in London in 1969.  
4 Council Regulation (EEC) No 2930/86 defining the characteristics of fishing vessels. Council 
Regulation (EC) No 3259/94 of 22 December 1994 amending Regulation (EEC) No 2930/86 defining the characteristics of fishing vessels. Commission Decision of 20 March 1995 concerning the 
implementation of the Annex to Council Regulation (ECC) No 2930/86 defining the characteristics of 
fishing vessels. 
5 In accordance with the entry-exit regime established by Article 13 of Council Regulation (EC) No 
2371/2002, any entry of capacity into a the fleet of a Member State has to be compensated by the exit of 
at least the same capacity expressed bo th in terms of tonnage and power. 
 
EN 5   EN The current provisions are set up in three legal texts: C ouncil Regulation (EEC) No 2930/86, 
Council Regulation (EEC) No 3259/94 amendi ng the former, and the implementing 
Commission Decision 95/84/EC. In order to si mplify Community law, the Commission will 
propose a new consolidated Council regulation de fining the characteristics of fishing vessels 
to replace the current texts.  
3.1.2.  Power of a fishing vessel 
The power of a fishing vessel is defined in Community law6 as the total of the maximum 
continuous power obtained at the flywheel of each engine and which can be applied to vessel 
propulsion. Therefore, under Community law, the power of a fishing vessel means its 
propulsive power.  
Vessels also make use of what is generally re ferred to as ‘auxiliary power’. Auxiliary power 
may be defined as the total power installed on board not included in the definition of propulsive power. Auxiliary power covers the following needs: equipment associated with 
propulsion (pumps, rudder, etc) , equipment for fishing opera tions, equipment for fish 
processing and conservation, accommodation (ligh ting, heating, cooking) and electronic 
equipment for fishing or navigation. 
The share of auxiliary power in the total power of a fishing vessel has become significant, 
especially for big trawlers. Increased auxiliary power has allowed the use of bigger nets and has made it possible to fish at great depths. For these reasons, the Commission will propose to 
Member States that auxiliary power be incl uded in the definition of fishing capacity. 
The current system of measurement and ce rtification of engine  power has serious 
shortcomings. An engine can be certified with a power much lower than its maximum 
continuous power. The lower power  rating (de-rating) is gene rally achieved by means of 
adjustments to the fuel injection settings when  the engine is certified. These adjustments are 
easily reversible and, as a result, the real power output once the engine is installed on board is 
almost impossible to monitor or verify. 
The Commission is working on finding a new system  to certify engine power so the certified 
power should correspond to the real maximum c ontinuous power; as a result, similar engines 
should be given similar ratings. 
This issue is technically complex and cannot be  resolved without the cooperation of engine 
manufacturers, classification so cieties and the administrations responsible for certification 
procedures in the Member States. 
Implementation of a new power certification system will require new legal provisions 
replacing Article 5 of Council Regulation (EEC ) No 2930/86. The new provisions should also 
include the definition of auxiliary power as part of the capacity definition. The Commission 
has conceived to base the certific ation of engine power on the ex isting certificate of emission 
of nitrogen oxides issued under the provision s of Annex IV to the MARPOL Convention
7, but 
this solution needs further technical assessment. 
                                                 
6 Article 5 of Council Regulation (EEC) No 2930/86 defining the characteristics of fishing vessels. 
7 International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol 
of 1978 relating thereto (MARPOL 73/78) 
 
EN 6   EN 3.1.3.  Other fishing capacity indicators based on vessel c haracteristics 
Other capacity indicators based on vessel charac teristics may be used, although they do not 
appear to add much value co mpared to tonnage and power: 
The volume of fish holds  is sometimes used as an indica tor of a fishing vessel's carrying 
capacity. For demersal fisheries this indicator se ems to be largely irrelevant, since fish holds 
are rarely filled up. Conversely pelagic trawlers  and purse seiners often have the duration of 
their fishing trips cut short by th e size of their fish holds. Howeve r, this indicator is strongly 
correlated with vessel volume (i.e. GT tonnage), and is difficult to monitor.  
Freezing capacity  may also be considered as a suit able indicator of capacity. Freezing 
capacity is the mass of fish that can be frozen  per unit of time and it is a limiting factor in 
certain fisheries. However, freezing capacity wo uld be very difficult to  certify and monitor. 
Auxiliary power could be used as a proxy for freezing capacity, because freezing and 
refrigerating processes require a large amount of energy; this would be another argument in 
favour of including auxiliary power in  the calculation of vessel capacity. 
Bollard pull  has been proposed as a suitable indicato r for trawlers. It is defined as the 
maximum force that may be exerted by a vesse l when pulling against a fixed point. Bollard 
pull has always been a contractual value for tug vessels (and often for trawlers) and there are 
standard methods to measure it.  However, measuring it is e xpensive and would suffer from 
the same problem of under-declaration that affects engine power; if the engine is de-rated, the 
pull measured would be also lower. 
3.2. Fishing capacity indicators based on fishing gear 
3.2.1.  Fishing gear type and size. Efficiency and selectivity 
The characteristics, and especially the size, of  fishing gear can be taken as representing the 
potential of a vessel to generate fishing mortality. If the type and size of the fishing gear that 
fishermen are allowed to use in a certain fish ery are well defined, fishing capacity may be 
easier to quantify on the ba sis of that information. 
Efficiency and selectivity.  
There is no clear separation between the charact eristics of a fishing gear that affect its 
efficiency (general ability to fish) and those that affect its selectivity (ability to discriminate between species or sizes of fish). The Commi ssion would propose that fi shing gear type and 
size be considered to relate to efficiency, and therefore to potential to fish or fishing capacity, 
while some fishing gear characteristics, such as mesh size or separation devices, should be 
considered to influence selectiv ity. Although this approach is a simplification, it does serve to 
distinguish management measures aimed at lim iting capacity from thos e aimed at improving 
selectivity. 
The Commission will take this  into account in the drafting of forthcoming legislative 
proposals in the fields of capacity manage ment and technical conservation measures. 
Type of fishing gear
 
When trying to quantify fishing capacity on the basis of the fish ing gear it may be useful to 
classify fishing gears into two groups, according to whether they remain attached to the vessel 
 
EN 7   EN or not. When fishing gears remain attached to the vessel, their fishing time can be estimated 
on the basis of the vessel’s time at sea. This is the case for trawls and seines, as well as some 
types of longlines. If the fishi ng gear is left on th e fishing grounds while the vessel sets other 
gears or goes back to port, the measurem ent of fishing time or activity may become 
independent of the time spent at sea by the vess el and more difficult to measure. This would 
be the case for set gill-nets, trammel nets or pots. 
3.2.2.  Fishing capacity indicators for trawls 
Trawling  essentially consists of filtering wa ter. Assuming an optimum trawling speed 
depending on the targeted species, the surface ope ning of the net measured in square metres 
(m2) gives a reasonable quantification of fishing capacity. 
Demersal and pelagic trawling co uld both be characterized by the surface opening described 
above. Beam trawls may be ch aracterized by the length of th e beam, which determines the 
surface of the opening for this type of trawl. 
3.2.3.  Fishing capacity indicators for longlines 
The fishing capacity of longlines may be quantif ied by the number of hooks  or, if the distance 
between hooks is kept constant , by the length of the longline. 
3.2.4.  Fishing capacity indicators for seines 
The capacity of purse seines may be characterised  by the total length of the net, the depth of 
the net being characteristic  of the target species. Attention should be paid to the use of fish 
aggregating devices (FAD), whic h may increase capacity to an extent difficult to quantify. 
Seines are always attached to the vessel.  
3.2.5.  Fishing capacity indicators for pots 
The capacity in a pot fishery may be quantif ied by the number and size of pots. Other 
characteristics of pots, such as their shape, th e size of the openings and certain specifications 
on the materials used, would very much depend on the particular fishery and could be defined 
as technical measures. 
3.2.6.  Fishing capacity indicators for gillnets and trammel nets 
The fishing capacity of these nets is directly related to their size, so the number of nets, 
together with their length and depth, would be appropriate capacity indicators. Surface area 
per net could also be used instead. Mesh si zes and other characteristics are specified as 
technical measures.  
3.2.7.  Control and enforcement 
It is commonly agreed that any system that mana ges capacity or effort in terms of fishing gear 
indicators would be more difficult to monito r and enforce than a system based on vessel 
characteristics. For such a system to be effec tive it has to rely on a st rong commitment by the 
authorities and stakeholders to enforcement. This would only be possible in a well-delimited 
fishing zone and for a well-de fined group of vessels, ideally having exclusive access to the 
fishery. 
 
EN 8   EN 4. TECHNOLOGICAL PROGRESS  
One of the main drawbacks for fishing capacity indicators based on vessel characteristics is 
that they cannot easily take  into account the effect of technological progress. 
It is generally accepted that, today, an average ‘s tate of the art’ vessel fishes considerably 
more quantity than a vessel of equivalent tonnage did 30 years ago. However, this phenomenon is difficult to quantify. Some studi es indicate yearly in creases in productivity 
due to technological advan ces of between 1 and 3 %
8 or even higher figures for certain 
fisheries. Examples of technolog ical improvements that have c ontributed to th is increase in 
real fishing capacity are: 
– The use of controllable pitch propellers or nozzles does not increase vessel power, 
as defined by Community law, but it does increase the efficiency with which this power is used. The same engine power output may produce a higher pull when trawling or a higher sailing speed. 
– Electronics in the form of fish-finding equipment or equipment for the control of 
gear position are examples of improvements in vessel efficiency that cannot be represented by a measurable parameter. The same is true for electronic devices to 
control the position of the trawl that make its use much more efficient. 
– The use of satellite data to determine the probable location of  tuna stocks is 
another example. This technique allows the tuna vessels to reduce their search 
time to the benefit of fishing time, t hus increasing catch per fishing trip. 
– More powerful deck equipment allows a vessel to haul and pull the net more times 
per day, thus increasing effective catch, wh ile the size of the boat, its propulsive 
power and the number of days spent fishing remain unchanged. 
– The design of trawls has been improved in  various ways in order to reduce the 
force that is required to pull them thr ough the water. Stronger material allows 
thinner fibres and this makes the trawl offer less resistance when moving through 
the water. The hydrodynamic design of the doors and of the trawl shape has also 
been improved to reduce resistance, whic h allows a given boa t to use a bigger 
trawl. 
The effect of technological pr ogress on fishing capacity is proba bly too complex an issue to 
be integrated explicitly into fisheries mana gement measures. The management of fishing 
capacity on the basis of fishing gear type an d size has the advantage to avoid part of the 
difficulty by establishing limitations at fishing gear level. 
Standardisation and technological progress.
 
The quantification and limitation of fishing cap acity and fishing effort on the basis of the 
fishing gear characteristics involves a certain degree of standardisation of gear types, sizes 
and other characteristics such as mesh size or  hook shape. This standardisation may hamper 
technical progress and, conse quently, gear efficiency. 
                                                 
8 Report on efficiency and productivity in fish capture operations ICES Working Group on Fish 
Technology and Fish Behaviour Report 2004. 
 
EN 9   EN 5. FISHING ACTIVITY  
5.1. Definition of fishing activity 
Fishing activity is defined as the time during which the fishing capacity of a vessel is 
effectively operating. In Community  law, fishing activity refers to  the vessel’s activity and is 
measured in days. However, it could be defined more precisely for some fisheries on the basis 
of the time during which the fi shing gear is in operation. 
Vessel’s activity  
This concept applies currently to the recovery pl ans for cod and hake and as well as to Annex 
II to the 2006 TAC and quota regulation, where th e vessels' activity is managed as days 
present in the area and absent from port. It also applies to the computation of fishing effort in 
the Western waters regime9, where activity is defined as time spent in a well defined area. For 
vessels based near their fishing grounds, th e two previous defini tions are equivalent. 
In addition to the previous definition, the rule s on fishing activity need to establish clearly 
how to calculate the number of days. For exampl e, it is necessary to establish whether days 
are taken as calendar days or as the number of hours divided by 24 a nd explain how fractions 
of a day are dealt with. 
Fishing gear activity. Soak time.  
A more accurate and, in theory, better indicator  to measure activity would be the actual time 
spent fishing, i.e. the time during which the fish ing gear is actively in  the water, or "soak 
time". However, soak time of fixed gear is generally difficult or expensive to monitor 
properly since pots, nets and othe r fixed gear may be left in the water while the vessel goes 
elsewhere or returns to port. They can also be laid by one boat and reco vered by another, and 
they can also be set permanently. 
5.2. Recording and monitoring of activity; logbook 
The logbook should in principle provide for the possi bility of recording a ll the data necessary 
to calculate activity in different ways. The skippers should fill in the appropriate data 
depending on the fishing regime under which they fi sh. Two main sets of data are relevant in 
relation to activity: 
(a) Vessel data: geographical pos ition at different times 
(b) Gear data: time spent in the water by fishing operation. 
Monitoring of the vessel’s activ ity has to be based on data from the logbook and from the 
VMS (Vessel Monitoring System). The future  implementation of the electronic logbook 
would enhance the possibilities to monitor activity accurately and timely.  
                                                 
9 Council Regulation (EC) No 1954/2003 of 4 November 2003 on the management of the fishing effort 
relating to certain Community fishing areas and resources and modifying Regulation (EC) No 2847/93 
and repealing Regulations (EC) No 685/95 and (EC) No 2027/95 
 
EN 10   EN 6. THE WAY FORWARD  
In relation to the current capacity indicators, th e Commission considers that the definition of a 
fishing vessel’s tonnage is ad equate and properly implemented, and therefore does not require 
any major changes. The certification of the power of fishing vessels, however, is not 
satisfactory. The Commission services will cont inue their discussions with Member States, 
engine manufacturers, classification societies and fishermen's representatives in order to 
improve the current certification system es tablished by Council Regulation (EEC) No 2930/86 
defining the characteris tics of fishing vessels. 
With regard to the adoption of capacity and e ffort indicators based on fishing gear size and 
characteristics, no such moves ha ve been made so far. The issu e is highly tech nical and would 
require fine-tuned monitoring and control and hence, further cons ultation in orde r to properly 
assess this possibility. 
Fisheries that are currently identified by fishing area, targeted species and type of fishing gear 
may be the best candidates for implementing limitations of capacity and effort based on fishing gear. For these fisheries, fishing author isations could be envisaged in the form of a 
maximum amount of activity carried out with a well defined type and size of fishing gear 
(standardisation). However, there are a number of issues that would need to be addressed 
before implementing such an approach in Community law: 
• Compatibility with current fishing effort limitations and the ‘denomination’ of fishing 
authorisations based on vessel characteristics, i.e. tonnage and power. 
• Possibility to eliminate capacity limitati ons based on vessel characteristics, where a 
management regime based solely on fishing gear  is applied. In other words, could a fishing 
authorization-based system be established in dependently from the power or tonnage of 
vessels?  
• Finally, the embedding of such a system of effo rt management into the system of overall 
capacity limitations established by Community law (entry-exit regime) would need to be 
resolved. 
While awaiting the outcome of this discussion,  the Commission considers that the current 
situation of many European fish eries would in any cas e justify the adoption of measures to 
prevent further increases in fishing effort re sulting from technological improvements and an 
increased size and number of fishing gears. 
Action plan
 
In relation to engine power certification and tonnage measurement the following actions are 
envisaged: 
• Proposal consolidating the tonnage m easurement provisions now included in 
Council Regulation (EEC) No 2930/86 defini ng the characteristics of fishing 
vessels. 
• Continued consultations with  engine manufacturers and cl assification societies in 
order to determine the best technical solu tion for the certificati on of engine power, 
followed by exchanges with Member Stat es’ experts. On the basis of these 
 
EN 11   EN discussions the Commission would put forward a proposal for new legal 
provisions on engine power. 
Regarding the use of fishing gear  characteristics as fishing cap acity and effort indicators, the 
Commission will take the following actions: 
• Case studies.  Member States have set numerou s limits on fishing gear type and 
size at national, regional or local le vel. The experience gained from the 
application of these measures would constitute a valuable basis for discussion of the possibility of implementing such measur es at Community level. As a first task, 
the Commission would, starting in 2007, colle ct information from Member States 
on the characteristics of such regimes. A study to analyse the results of one or 
more such management schemes would follow subsequently. 
• Consultation with Member States , stakeholders and scientists . During 2007 
the Commission intends to initiate a se ries of contacts and meetings with 
stakeholders and scientists in order to identify fisheries suitable for applying the 
new types of capacity or effort limitati ons mentioned in th is Communication. The 
Scientific, Technical and Economic Comm ittee for Fisheries (STECF) will be 
requested to provide advice on specific asp ects of the assessment of fishing effort 
on the basis of fishing gear characteristics. 
• Pilot projects. The Commission will then propose th at, as a pilot exercise, some 
selected fisheries be managed on the basi s of the effort and capacity indicators 
mentioned in this Communication. This may take place during 2008. 
7. C
ONCLUSIONS  
The Commission considers that the tonnage of fi shing vessels is an appropriate measure of 
vessel size, and consequently a suitable in dicator of fishing capacity. Tonnage should 
continue to be used to assess the overall capac ity of the Member States’ fishing fleets. The 
Commission intends to propose some small improvements to its definition, including a new legal text consolidati ng the current provisions. 
The power of a fishing vessel is also an appr opriate indicator of fishing capacity, but the 
effectiveness of current Community rules is not satisfactory. The procedure for the 
certification of engine power n eeds to be greatly improved. In relation to the use of fishing 
gear characteristics as fishing capacity indicat ors, the Commission will carry out the proposed 
action plan comprising an assessment of case st udies, discussions with stakeholders and the 
implementation of pilot projects. 
The Commission considers that th e measures proposed in the act ion plan may provide a solid 
foundation on which to base future decisions  on whether, when and how fishing gear 
characteristics should be more widely used as  indicators for fishing capacity and thus as 
management tools within the Common Fisheries Policy.