COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND TO THE COUNCIL

concerning a consultation on fishing opportunities for 2015

under the Common Fisheries Policy

Introduction

Fishing opportunities for 2015 will be fixed for the first time under the new Common Fisheries Policy (CFP)[1]. Setting fishing opportunities must contribute to achieving the objectives of the new CFP. Fishing opportunities set in line with the maximum sustainable yield objective, in combination with the other management instruments set out in the new CFP, should ensure that fishing activities are environmentally sustainable in the long run and are managed consistently to achieve economic, social and employment benefits and contribute to the availability of food supplies.

Fishing opportunities must be set according to Article 2(2) of the CFP, and with the objective of progressively restoring and maintaining populations of fish stocks above biomass levels capable of producing maximum sustainable yield (MSY). The MSY objective is to be achieved by 2015 where possible and on a progressive, incremental basis at the latest by 2020 for all stocks. This objective will also contribute to achieving good environmental status by 2020 as provided for by the Marine Strategy Framework Directive[2] (MSFD) and the CFP.

In order to achieve this objective, the Commission's proposals will be based on bringing the impact of the fishing fleets on the stocks (fishing mortality) in the shortest feasible time-frame to the levels required to allow the stocks to rebuild to biomass levels that produce maximum sustainable yield. When that has been achieved the Commission will, as appropriate, propose measures to enable further rebuilding.

2015 will also be the year in which the landing obligation for certain fisheries[3] comes into force. Fishing opportunities for stocks falling under the landing obligation are to be fixed taking into account the change to fishing opportunities that reflect catches rather than landings[4], on the understanding that that should not jeopardise the MSY objective or result in an increase of fishing mortality in the fishery.

The Commission will base its proposals for the fishing opportunities on the best available scientific advice from the International Council for the Exploration of the Sea (ICES) and the Scientific, Technical and Economic Committee for Fisheries (STECF) on achieving MSY. For stocks where such advice is not available, the Commission proposals will apply the precautionary approach in line with Article 2(2) of the CFP. On request from the Commission ICES has prepared an advice for a framework for the evaluation of good environmental status (GES) for commercially exploited fish and shellfish stocks (Descriptor 3 of MSFD)[5]. Further work will be carried out to show how MSY contibutes to achieving GES and thereby ensure coherence between CFP and MSFD implementation.

This Communication sets out the principles for the Commission proposals for fishing opportunities for 2015[6]. Stakeholders are invited to present their views to the Commission by 30.09.2014

Article 50 of the CFP sets out that the Commission shall report annually to the European Parliament and to the Council on the progress in achieving maximum sustainable yield and on the situation of fish stocks. This Communication is also intended to provide that information.

The new CFP and the 2015 TAC proposals

Management by multiannual plans

The new CFP requires adoption of multiannual plans. An inter-institutional Task Force was established to solve the interinstitutional deadlock and to facilitate the development and introduction of multiannual plans under the new CFP. The Task Force finalised its work in April 2014 and reported to the European institutions.

The report is based on the provisions on multiannual plans in the new CFP. Plans should provide a robust and lasting framework for management, ensuring the sustainability of fisheries with high and stable yields for the fishing industry, while taking into account an ecosystem based appproach to fisheries management by minimising negative impacts of fishing activities on the marine ecosystem. The MSY objective, and the deadlines for reaching the objective, are central elements of the plans. The MSY objective will be expressed in ranges and should include safeguard conservation reference points. Decisions under the plans must be based on the best available scientific advice. The plans should allow for flexibility in annual decisions on fishing opportunities. Where needed, the plans should allow for adopting alternative conservation measures in relation to certain stocks, which would be a matter for regionalisation. In mixed fisheries situations the plans should identify the species which drive the fisheries and ensure that all the stocks are managed according to the MSY objective.

The Commission will propose multiannual plans based on this report as soon as possible, and will analyse the need to adapt existing proposals for plans based on updated scientific advice. The Commission is also considering tabling new proposals to replace existing recovery or management plans which have achieved their goals or need replacement in order to be adapted to the new CFP.

Stocks with MSY assessment

The CFP aims to reach MSY exploitation rates by 2015 where possible. Consequently the Commission intends to propose Total Allowable Catches (TACs) consistent with MSY in 2015 for the growing group of stocks with full assessments and MSY estimates. In the most recent assessments, that group included 46 stocks of primary EU interest in the north-east Atlantic and the Baltic Sea (see below and Annex I). Data for the last three years for the Mediterranean and Black Seas have been taken into account, but the number of unassessed stocks in that area is unknown.

Only if achieving MSY by 2015 would seriously jeopardise the social and economic sustainability of the fishing fleets involved would a delay in reaching the objective beyond 2015 (and no later than 2020) be acceptable. This is in accordance with the reformed CFP.

Where multiannual plans exist and are consistent with MSY, the Commission will continue to apply them. Where the existing plans have become inapplicable (e.g. because an objective other than MSY has been reached), the Commission will adopt proposals for fishing opportunities on the basis of MSY.

Simplification of management is a priority under the new CFP; the Commission will examine the added value of management through fishing effort limitation as an additional system to TACs. It intends to remove management instruments which provide no added value toward achieving the objectives of the new CFP.

For stocks with MSY assessment which are shared with third countries or managed through Regional Fisheries Management Organisations, the Commission will seek agreement with our partners on the same approach.

Other stocks

In cases where scientific information is insufficient to determine those levels, approximate parameters should be considered. Five situations are identified as below. In all cases, the Commission intends to make proposals based on scientific advice and without jeopardising the conservation needs of these stocks.

Stocks with data available to determine MSY proxies

That category of stocks consists of stocks which are data rich, analytically assessed and with trend forecasts. Generally an MSY proxy is available. The approach for setting TACs will be similar to the situation of stocks with full MSY assessment.

The Commission envisages further evaluation of the need and possibilities for increasing the knowledge of these stocks to full MSY assessment in the near future.

Stocks with survey-assessed trends or with catch time series to develop MSY proxies.

ICES advice on those stocks is quantitative only: proposed catch limits in the absence of an MSY assessment. The Commission intends to use the updated ICES advice on those stocks for its proposals and will consider the situation on a case by case basis taking into account the precautionary approach.

The Commission envisages a stock-by-stock evaluation in the near future on the need and possibilities for increasing knowledge of these stocks to enable the determination of MSY proxies.

Stocks with a presumption of stability

Council and Commission have agreed in December 2013 on the desirability of maintaining TACs unchanged for 25 stocks unless scientific advice indicates a need for change. Generally, those are stocks taken only as by-catches or with low levels of quota uptake, with limited information on stock status and of low economic importance.

Stocks without scientific advice

Where no scientific advice is available, the precautionary approach in line with Article 2(2) of the CFP should be followed in a systematic, predefined and transparent way.

Deep-Sea stocks

In 2014 the Council will set fishing opportunities for deep sea stocks for the years 2015-2016. Deep sea stocks must be managed sustainably in view of the sensitive nature of some of these stocks and deep-sea marine life. For many stocks, sufficient knowledge and data are still not available for scientific analysis. The need to follow the precautionary approach in a systematic, predefined and transparent way in line with Article 2(2) of the CFP is imperative. In making its proposals, the Commission will have due regard for commitments in UN Resolutions 61/105 of 2006, Resolution 64/72 of 2009, 66/68 of 2011 and the 2008 International Guidelines for the Management of Deep-sea Fisheries in the High Seas of the Food and Agriculture Organization of the United Nations.

Obligation to land all catches

In 2015 the landing obligation will come into force for[7]:

· small pelagic fisheries (mackerel, herring, horse mackerel, blue whiting, boarfish, anchovy, argentine, sardine and sprat),

· large pelagic fisheries[8] (bluefin tuna, swordfish[9], albacore tuna, bigeye tuna, blue and white marlin),

· fisheries for industrial purposes (capelin, sandeel, Norway pout and others),

· fisheries for salmon in the Baltic Sea, and

· from 1 January 2015 at the latest for species which define the fisheries and from 1 January 2017 at the latest for all other species in fisheries in the Baltic Sea.

Member States have been cooperating at regional level on implementation of the landing obligations. Parliament and Council are also examining a Commission proposal to align the Regulations on technical measures and on control to the rules for the landing obligation.

For the fisheries concerned the fixing of the fishing opportunities shall take into account the change to reflect catches instead of landings. Those adjustments may involve adaptations in TACs depending on the extent of data on previous discarding and on the need to avoid increases in fishing mortality.

The Commission has requested ICES to include the available data on discarding in those fisheries in the relevant stock assessments and catch forecasts. ICES will use available data on discarding in the recent past as long as these data are validated for use in the assessments and advice for 2015. That is expected to lead to the adjustment of fishing opportunities for the stocks covered by the landing obligation in 2015. It is essential that those adjustments remain compatible with the attainment of MSY.

Under the new CFP Member States are encouraged to implement pilot projects to prepare for the landing obligation. That should be done within the available fishing opportunities. Member States can use nationally available quotas in support of pilot projects to improve data. This will be helpful for fishing opportunities beyond 2015.

The new CFP provides some measures for additional flexibility to be used in the management of the stocks in fisheries subject to the landing obligation[10]. Inter-annual quota flexibility, inter-species flexibility (catches of one species may be counted against the quota of the target species under certain conditions) de minimis exemptions and exemptions on the basis of high survivability are relevant in relation to fishing opportunities. Information about those flexibility provisions will be taken into account when making future proposals for fishing opportunities.

Mediterranean Sea

The MSY objective also applies to Mediterranean stocks which are not managed by TACs. The Commission and the Member States are reviewing whether the objectives of the national management plans adopted under the Mediterranean regulation[11] are consistent with the MSY objective. The plans currently adopted or close to adoption are listed below:

CROATIA – Trawlers

CROATIA – Purse seines

CYPRUS – Trawlers

GREECE – Purse seiners

GREECE – Trawlers

FRANCE – Trawlers

FRANCE – Gangui

FRANCE – Shore seines

SPAIN – Trawlers

SPAIN – Purse seines

SPAIN – Boat seines Murcia

SPAIN – Boat seines Baleares

SPAIN – Boat seines Cataluña

SPAIN – Dredges Andalucía

ITALY – Surrounding nets (4 plans)

ITALY –Trawlers (8 plans)

ITALY – Boat seines Liguria-Tuscany

SLOVENIA – Trawlers

SLOVENIA – Purse seines

MALTA – Trawlers

MALTA – Purse seines (2 plans)

Development of State of Stocks

Overfishing has reduced in the European Atlantic waters, the North Sea and the Baltic Sea. For the stocks with MSY assessments, overfishing has gone down from 94% of the stocks in 2003, to 63% in 2009 and to 41% in 2012. An increasing proportion of the stocks have been assessed.

The number of stocks that, according to available estimates, are fished at levels corresponding to MSY has gone up from only 2 in 2003, to 13 in 2009 and to 27 in 2012 (Annex Ia).

The number of stocks with full MSY assessments increased from 34 in 2005 to 35 in 2009 and to 46 in 2014. Significant progress has been made in the number of stocks with quantitative advice from 59 in 2003 to 71 in 2014, as a result of the introduction of new methods by ICES in 2013.

With rapidly increasing numbers of stocks being assessed, it is becoming apparent that overfishing is still prevalent across the Mediterranean, as shown in Figures 1-3. Effective actions to phase out overfishing must be taken swiftly.

Figure 1. Number of stocks where assessment is known from 2007 to 2012 by Mediterranean sub-region and Black Sea.

Figure 2. Number of stocks where assessment is known from 2007 to 2012 by fishery in the Mediterranean and Black Sea.

Figure 3. Number of stocks assessed as overfished from 2007 to 2012 by fishery in the Mediterranean and Black Sea

A preliminary analysis is provided in Annex Ic. For some areas only a part of the resources are assessed. Despite recent improvements, the unknown part is still large in the Mediterranean and Black Seas.

Current knowledge on the state of other fish stocks is described below on a regional basis[12].

Northeast Atlantic pelagic stocks

Most stocks of herring (North Sea, west of Scotland, Irish Sea and Celtic Sea) are fished at or within MSY fishing rates. TACs corresponding to MSY have been set for 2014 in all cases.

The situation has deteriorated for some other stocks: western horse mackerel and herring northwest of Ireland are overfished. For mackerel, an agreement has been reached among the Faroe Islands, Norway, and the EU for sustainable management. ICES advice for 2014 indicated that the stock may have increased significantly.

North Sea, Skagerrak and Kattegat

Saithe, plaice, haddock and Nephrops in the Skagerrak and on the Fladen grounds are fished at levels consistent with MSY All other stocks are either overfished, or in unknown state.

Despite recent increases in stock size and reductions in fishing mortality, the North Sea cod stock is only slightly above the limit biomass and still far from the precautionary level. Fishing mortality is still above MSY levels. Discard rates have been declining but are still around 25% of landings. In the Kattegat, the cod stock is at an extremely low level and further measures in addition to lower TACs and effort may be needed.

Baltic Sea

The Council followed the joint position of the Directorates of Baltic Member States in the BALTFISH forum on the setting of TACs in line with scientific advice.

Central Baltic herring, Bothnian Sea herring and Baltic Sea sprat are fished consistently with MSY. However, the latest advice indicates that for the western Baltic cod stock the fishing mortality rate provided by the existing plan is far from the MSY target. The eastern cod stock is showing developments that make it impossible to use the current assessment models. A new multiannual plan for the Baltic Sea will be proposed by the Commission in 2014.

West of Scotland, Irish Sea and Celtic Sea

In the west of Scotland certain stocks of whitefish other than haddock remain at low levels. Discards remain high and need to be tackled. Technical measures were developed by Member States to reduce cod mortality and to avoid unwanted catches, of which some have demonstrated a reduction of unwanted catches (e.g. in the Irish Sea). Other measures are still under assessment and more work is needed.

In the Celtic Sea fishing opportunities have been reduced as the effect of some recent high recruitments of young fish is disappearing. Following MSY advice, fishing opportunities for cod and whiting were substantially reduced. Haddock has had a period of reduced recruitment, but discarding has been a problem as well. Selectivity measures introduced in the Celtic Sea in 2012 were reviewed, but STECF remained inconclusive on the contribution of those measures for conservation purposes.

There is MSY based advice for all stocks of Norway lobster with the exception of one functional unit, including in the Porcupine bank, which continues to have a seasonal (one month) closure and a separate sub-TAC.

ICES has provided MSY assessments for 18 stocks, with advice to reduce fishing opportunities for 14 stocks, often substantially. MSY advice has been implemented for 12 of these stocks for the fishing opportunities for 2014.

Deep-Sea species

For most deep-sea stocks projections are not available due to lack of data. Recent ICES advice for most stocks is that fisheries should be reduced or not be allowed to expand in 2015-2016 unless they are known to be sustainable. Orange roughy, deep sea sharks, red sea bream and some stocks of roundnose grenadier are the main concerns. ICES notes that many fisheries targeting deep-sea species are mixed fisheries with relatively large by-catches of non-target species. Setting TACs for target species should take accout of the impact on by-catch species.

Iberian-Atlantic area and the Bay of Biscay

Few stock assessments are available for the Bay of Biscay and Iberian-Atlantic Seas. Southern hake, megrims and anglerfish are improving. While southern hake has experienced good recruitment, the stock is still overfished and its long-term sustainability is at risk. The catch and effort registration systems of the Member States have been audited by the Commission in 2012. Follow-up actions have been agreed and control is improving.

Norway lobster in the Cantabrian Sea is still subject to an advice to stop fishing.

Mediterranean and Black Sea

Between 2007 and 2012 more than 300 assessments were performed, by the General Fisheries Commission for the Mediterranean (GFCM) and STECF. The number of assessed stocks rose from 29 in 2007 to 104 in 2012. Despite this, knowledge is still limited as the total number of stocks commercially exploited is considerably higher.

The number of assessed stocks is higher in the Western and Central parts than in the Eastern part of the basin. Little is known about the stock status in southern sub-regions.

The levels of exploitation are well beyond MSY targets. Out of 97 stocks, 91% were overfished. European hake, red mullet and deep-water rose shrimp are the most commonly overfished demersal stocks. Sardine and anchovy are the two common overfished small pelagic stocks.

In the Black Sea the status of 7 stocks is known and 5 of them are overexploited. Of TAC-managed stocks, turbot is overfished and European sprat has been exploited sustainably since 2007.

Highly migratory fish stocks in the Atlantic Ocean and Mediterranean Sea

These stocks include bluefin tuna, albacore, tropical tuna, swordfish and billfishes which are assessed and managed in the International Commission for the Conservation of Atlantic Tunas (ICCAT).

Most tuna species are long-lived and assessments are not performed annually. Available information on conservation status of the different stocks is diverse and several uncertainties still remain. The most recent assessments (2013) for Atlantic swordfish showed that the stock has rebuilt after being overfished in the early 2000s. The North Atlantic albacore was also assessed in 2013. Fishing mortality rates are below the MSY level, although stock biomass still needs to rebuild to levels which can produce MSY.

The Bluefin tuna stock in the East Atlantic and Mediterranean Sea has grown in recent years. There is a considerable uncertainty in the assessment but the implementation of the ICCAT recovery plan has resulted in reductions in fishing mortality that is now estimated to be below the MSY level. Catches at the current TAC will probably allow the stock to recover fully in the medium term.

Changes in Economic Situation

The economic performance of the EU fleets in all areas has improved gradually over recent years from a net profit margin of 1% in 2008 to 6% in 2011. Although costs increased overall in 2011 due to increases in fuel prices, income increased to a greater extent than costs. The Gross Value Added (GVA) generated in 2011 was EURO 3.4 billion (+4% compared to 2010), gross profit was EURO 1.3 billion (+7%) and net profit was EURO 410 million (+22%). The EU fishing fleet landed less but generated a higher first sale value in 2011. As the EU fleet is very diverse that trend did not apply to all parts of the fleet.

Experiences with moving to MSY fishing

Some examples of moving to MSY fishing are explained further below.

For the Baltic Sea cod fishery, the economic performance of cod-dependent fleets improved significantly upon implementation of the cod management plan which brought the fishery closer to an MSY situation. Catches were held roughly stable and stock sizes started to increase, which meant an increase in profitability. The costs of catching reduced due to lower fuel burn and lower capital costs. The gross value added by representative vessels increased by over 40% from 2008 to 2011. Those fleets generated a gross profit six times higher in 2011 compared to 2008, or 40% higher compared to 2009.

For the North Sea sole and plaice fishery, moving towards MSY fishing meant that most fleets could remain profitable even in the face of a 32% increase in fuel costs up to 2011. This occurred because plaice landings increased by 51% from 2008 to 2011 while the costs associated with fishing fell considerably when the stocks became more abundant.

The fishery for sole in the western channel has been exploited at MSY since 2009. Since then up to 2013 the size of the stock has increased by 16% and catches increased by 24%. Prices for sole and other species targeted in the context of this management plan increased up to 2011. Improved stability in the fishery may have significantly improved the investment opportunities in the fleets.

Schedule

The planned timetable of work is as follows.

Fishing Opportunities Regulation || Advice || Commission Proposal || Possible adoption by Council

Stocks in Atlantic, North Sea, Antarctic and other areas || Late June - late October || October || December

Baltic Sea || Late May || August || October

Black Sea || Late October || November || December

Deep Sea || May - June || September || November

Conclusion

This Communication has set out the basic principles with respect to setting of fishing opportunities for the first time after entry into force of the new CFP. Member States, Advisory Councils and stakeholders are invited to reflect on the orientations set out and to provide recommendations and suggestions to the Commission in order to ensure that the 2015 fishing opportunities help in attaining the objectives of new CFP.

ANNEX Ia –Scientific Advice concerning stocks in the North-East Atlantic and adjacent waters[13]

Safe biological limits are pertinent for the application of Article 15(8) of Regulation 1380/2013.

* Compared to an increasing proportion of stocks being subject to quantitative advice.

Stocks where a non-quantified advice is provided are not included in Table 5.

Not included in this analysis : Deep sea species, including ling, tusk and boarfish; TACs for herring by-catches; TACs which are linked to another decision on the same stock (e.g. Saithe West Scotland), TACs representing exchanges of fishing oportunities with third countries, TACs outside the NE Atlantic area, TACs where an unregulated fishery exists on the same stock (e.g. blue whiting prior to 2006), stocks for which there is an advice but no TAC (e.g. porbeagle), TACs where the primary management tool has been effort management (e.g. sandeel). Where a TAC covers two species for which there is an assessment (e.g. Megrims, Anglerfish, VII and VIII) the analysis refers to the more abundant of the two species covered by the TAC.

The method used for compiling this information concerning the European Atlantic waters is unchanged since previous editions of this report, though some year columns have been relabelled to reflect the fact that data are collected and measurements are made two years before the year in which advice is implemented.

Annex Ib. Situation of stocks with respect to Fmsy[14]

Figure 1: Proportions by EU landed weight of demersal stocks fished at or below Fmsy (light grey), above Fmsy (=overfished) (black), or of unknown status (chequered). In the Mediterranean Sea the proportion of catches of unknown status has not been fully assessed but is thought to be of the order of 70 to 85% of landings. Panel headings show the assessed landings (tonnes, t, or thousand tonnes, Kt).

Figure 2: Proportions by EU landed weight of pelagic stocks fished at or below Fmsy (light grey), above Fmsy (=overfished) (black), or of unknown status (chequered). In the Mediterranean Sea the proportion of catches of unknown status has not been fully assessed but is thought to be of the order of 70 to 85% of landings. Panel headings show the assessed landings (tonnes, t, or thousand tonnes, Kt).

Figure 3: Proportions of demersal stocks fished at or below Fmsy (light grey), above Fmsy (=overfished) (black), or of unknown status (chequered). In the Mediterranean Sea the proportion of stocks of unknown status has not been fully assessed.

Figure 4: Proportions of pelagic stocks fished at or below Fmsy (light grey), above Fmsy (=overfished) (black), or of unknown status (chequered). In the Mediterranean Sea the proportion of stocks of unknown status has not been fully assessed.

The analysis in figures 1-4 covers the year of the most recent catch data. For Mediterranean stocks, the state of the stock is considered to be known for up to three years after the latest assessment.

[1] Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28/12/2013, p.22)

[2] Directive 2008/56/EC, Oj L 164, 25/06/2008, p 19-40.

[3] Small pelagic fisheries, large pelagic fisheries, fisheries for industrial purposes, fisheries for salmon, and species which define the fisheries in Union waters of the Baltic Sea (Article 15.1 of Regulation (EU) No 1380/2013).

[4] Article 16.2 of Regulation (EU) No 1380/2013.

[5]http://www.ices.dk/sites/pub/Publication%20Reports/Advice/2014/Special%20Requests/EU_Draft_recommendations_for_the_assessment_of_MSFD_Descriptor3.pdf

[6] For deep-sea stocks the reference to 2015 should be understood as a reference to 2015-2016, since for these stocks fishing opportunities are set for two years.

[7] All catches of species which are subject to catch limits and, in the Mediterranean, also catches of species which are subject to minimum sizes as defined in Annex III to Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 1626/94 (OJ L 409, 30/12/2006, p. 11)–.

.

[8] Without prejudice to international obligations.

[9] In the Mediterranean, depending on international obligations.

[10] Article 15 of Regulation (EU) No. 1380/2013

[11] Council Regulation (EC) No 1967/

[12] A full analysis of the state of fish stocks can be found at www.ices.dk for Atlantic and nearby waters and https://stecf.jrc.ec.europa.eu for all areas.

[13] Advice is provided using data and measurements made two years before the year to which the advice applies.

[14] Preliminary analysis. The Commission has requested a methodological review by STECF.