Communication from the Commission to the Council and the European Parliament - Improving the monitoring of industrial fishing within the EU
Date: 2004-03-25
Institutions: European Commission
Subjects: common fisheries policy, fishery management, fishing controls, industrial fishing, sea fish, stock

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 25.3.2004 
COM(2004) 167 final 

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND 
THE EUROPEAN PARLIAMENT 

Improving the monitoring of industrial fishing within the EU 

. 

EN 

   EN 

 
 
 
  
TABLE OF CONTENTS 

1. 

2. 

3. 

Introduction .................................................................................................................. 3 

Background: Regulation of industrial fisheries for herring ......................................... 3 

Current situation........................................................................................................... 4 

3.1. 

State of the herring stocks ............................................................................................ 4 

3.1.1.  Herring stocks in Regions 1 and 2 ............................................................................... 4 

3.1.2.  Herring stocks in the Baltic Sea ................................................................................... 5 

3.2. 

3.3. 

4. 

Industrial landings........................................................................................................ 5 

Management and control.............................................................................................. 5 

Future Management and Control ................................................................................. 7 

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1. 

INTRODUCTION 

This  Communication  is  the  result  of  an  analysis  conducted  by  the  Commission  on  the 
preparation of a report to the Council and the European Parliament with reference to Council 
Regulation (EC) No 1434/98 of 29 June 1998 specifying conditions under which herring may 
be landed for industrial purposes other than direct human consumption1. According to Article 
4 of this Regulation, the Council shall decide, on the basis of a Report and a proposal from the 
Commission, on any necessary adjustments to the Regulation before 31 December 2002. For 
various  reasons,  particularly  the  large  number  of  recovery  plans  to  prepare,  it  has  not  been 
possible  to  meet  the  deadline  of  31  December  2002,  but  the  issue  of  monitoring  industrial 
fishing still remains important. 

The  conclusions  drawn  by  the  Commission  in  respect  of  the  monitoring  of  the  herring 
fisheries  covered  by  the  1998  Regulation  apply  equally  to  other  industrial  fisheries.  The 
Commission  has  therefore  decided  to  make  a  more  general  communication  on  the  need  for 
improved monitoring of all industrial fisheries. 

2. 

BACKGROUND: REGULATION OF INDUSTRIAL FISHERIES FOR HERRING 

In 1977 the biological situation of the herring stocks in Community waters gave rise to serious 
concerns. Since industrial fishing was perceived as an important contributor to this situation 
and in the absence of management measures such as TACs, the Council adopted Regulation 
(EEC) No 2115/77 of 27 September 1977 prohibiting the direct fishing and landing of herring 
for industrial purposes other than human consumption2. The purpose of this Regulation was to 
ensure  that  herring  catches  were  reserved  for  human  consumption.  It  prohibited  fishing  of 
herring  for  industrial  purposes  other  than  human  consumption  in  all  Community  waters  as 
well as landings of herring for such purposes in the Community, irrespective of where it was 
caught. 

With the improvement of the biological situation of the herring stocks in many areas, together 
with the development in fisheries management measures, such as the TAC and Quota system 
and technical conservation measures, the ban on industrial fishing was revisited in 1998. The 
result  of  these  deliberations  was  that  the  Council  replaced  the  1977  Regulation  with 
Regulation  1434/98.  This  Regulation  sets  out  the  conditions  for  landings  of  herring  for 
industrial purposes and established the following rules for unsorted landings: 

Outside  the  Baltic  Sea  (Regions  1  and  2),  herring  caught  when  fishing  with  nets  with  a 
minimum  mesh  size  less  than  32  mm  (in  Sub-areas  VIII  and  IX  40  mm)  may  not  exceed 
between 5 and 20% by weight of the total catch, depending on the area and target species. In 
addition  to  the  maximum  by-catch  percentages  a  separate  by-catch  quota  for  herring  is 
established each year in the TAC and Quota Regulation. 

1 
2 

OJ L 191, 7.7.1998, p. 10. 
OJ L 247, 28.9.1977, p. 2. 

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In the Baltic Sea, there is a division between the waters east and west of 16°E, respectively. 
To  the  west  of  this  line,  a  by-catch  rule  for  herring  of  20%  of  the  total  catch  applies  when 
fishing with nets having a mesh size less than 32 mm. To the east of the line, the catches may 
consist of up to 45% herring when fishing with a mesh size less than the minimum mesh size 
allowed  for  the  directed  herring  fishery.  This  minimum  mesh  size  varies  between  different 
parts of this area, from 32 mm to 16 mm. 

In  its  Communication  on  the  reform  of  the  Common  Fisheries  Policy  (“Roadmap”)3,  the 
Commission  stated  that  industrial  fishing  will  be  subject  to  conservation  and  management 
measures in the same fashion as other kinds of fishing. It was also noted that the Commission 
would request ICES to evaluate the impacts of industrial fishing on marine eco-systems. Such 
as  study  was  received  from  ICES  in  June  2003,  concerning  industrial  fishing  on  sandeel, 
sprat, Norway pout and blue whiting in the North East Atlantic. Industrial fishing in the Baltic 
Sea was not included in the evaluation and ICES has therefore been requested to include this 
element  in  its  advice  in  2004.  The  results  of  the  ICES  study  show  that  the  impact  on  the 
marine eco-systems is relatively small in comparison with the effects of the fishing for human 
consumption. 

3. 

CURRENT SITUATION 

3.1. 

State of the herring stocks 

3.1.1.  Herring stocks in Regions 1 and 2 

The  International  Council  for  Exploration  of  the  Sea  (ICES)  provide  assessments  for  six 
herring stocks of importance for Community fishermen in Region 1 and 2:  

– 

– 

– 

– 

– 

– 

Atlanto-Scandian herring; 

Western Baltic, Skagerrak and Kattegat herring;  

North Sea herring;  

herring West of Scotland;  

Irish Sea herring; and  

herring in Divisions VIa (south) and VIIb,c.  

The general picture of the state of these herring stocks is positive. Except for the herring in 
Divisions VIa (south) and VIIb,c the stock sizes have been increasing in recent years and are 
at  relative  safe  levels.  The  stocks  in  the  North  Sea  and  West  of  Scotland  are  at  or  close  to 
record high levels. 

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COM(2002) 181 final. 

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3.1.2.  Herring stocks in the Baltic Sea 

ICES assesses Baltic herring as five stock units: Sub-divisions 22-24, Sub-divisions 25-29 and 
32, Gulf of Riga, Sub-division 30, Sub-division 31.  

The biological situation varies sharply between the different Baltic stocks. The Gulf of Riga 
stock  and  the  stock  in  Sub-division  31  are  assessed  by  ICES  to  be  within  safe  biological 
limits,  while  fishing  mortality  is  too  high  on  the  other  stocks.  The  situation  is  especially 
serious for the central stock (Sub-divisions 25-29 and 32). The stock has declined to a historic 
low  and  ICES  in  its  advice  for  2004  recommends  a  reduction  in  fishing  mortality  of  more 
than 50%. 

3.2. 

Industrial landings 

Industrial fisheries within Community waters can be characterised as single species fisheries 
with by-catches of other species. The main target species are blue whiting (North Sea, west of 
Scotland,  Ireland,  around  the  Faroes  and  towards  Iceland),  sandeel  (North  Sea  and 
Skagerrak),  Norway  pout  (North  Sea  and  Skagerrak)  and  sprat  (North  Sea,  Skagerrak, 
Kattegat and the Baltic Sea). Industrial catches are landed unsorted. 

North  Sea:  The  industrial  landings  from  the  North  Sea  have  over  the  last  20  years  been 
relatively  stable  between  1  and  1.5  million  tonnes  per  year  although  they  have  fallen  off 
sharply  in  2003.  The  industrial  species  account  for  app.  95%  of  the  landings  with  sandeel 
being  the  most  important  species.  Landings  of  herring  as  a  by-catch  have  been  between 
20,000 and 25,000 tonnes (2%) in recent years. 

Skagerrak  and  Kattegat:  Total  industrial  landings  have  been  between  50,000  and  150,000 
tonnes in recent years of which herring has constituted between 5,000 and 18,000 tonnes. The 
main target species are sandeel and sprat. 

Baltic Sea: The Commission has no information on quantities landed for industrial purposes 
in the Baltic Sea. The official reported landings of sprat and herring were 354,000 tonnes and 
339,000 tonnes respectively in 2001. According to ICES the industrial landings of sprat have 
increased  markedly  during  the  last  decade.  Most  sprat  is  taken  in  mixed  pelagic  fisheries 
together  with  herring  and  the  industrial  landings  of  sprat  may  include  relatively  large 
quantities of herring. 

Blue whiting: Most of the blue whiting caught in ICES Sub-areas II, III, IV, V, VI and VII are 
landed for industrial purposes. Total landings have increased in recent year to more than 1.5 
million  tonnes.  There  is  almost  no  information  on  the  catches  of  other  species  in  the  blue 
whiting fisheries. 

3.3.  Management and control 

It  is  essential  for  conservation  purposes  that  the  TACs  and  quotas  set  for  each  stock  are 
respected. Apart from the importance of monitoring that TACs and quotas are not overshot, it 
is  essential  that  correct  data  are  forwarded  to  the  scientific  community  in  order  to  have 
realistic  stock  assessments  and  thereby  trustworthy  forecasts  and  advice  for  catch  levels  in 
coming years. 

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The system for conservation and management of fishery resources by TACs and quotas was 
established  in  1982  (Council  Regulation  (EEC)  No  170/834)  and  continues  to  apply  under 
Council Regulation (EC) No 2371/20025. Council Regulations (EEC) No 2057/826, 2241/877, 
and 2847/938 have subsequently provided for the monitoring of landings. 

A  basic  requirement  for  all  fisheries,  according  to  Article  15  in  the  Control  Regulation 
(Regulation (EEC) No 2847/93) is for Member States to report landings to the Commission 
on a stock by stock basis for each stock or group of stocks subject to TACs and quotas, thus 
ensuring  that  landings  of  each  species  are  counted  against  the  appropriate  TAC/quota. 
However  the  yearly  TAC  and  Quota  Regulations  have  included  provisions  on  industrial 
fishing  under  which  such  catches  are  not  to  be  counted  against  any  quota  or  a  Community 
share, in the same fashion as catches taken during scientific investigations. These provisions 
are clearly out of date and should disappear from future TAC and Quota Regulations in order 
to guarantee that all catches, whether for industrial purposes or for human consumption, are 
counted against the appropriate quota. 

Having established this general principle, when it comes to the industrial landings there is a 
control  problem  which  arises  from  the  conflict  between,  on  the  one  hand,  the  obligation  to 
report landings stock by stock and, on the other hand, the practice of landing unsorted species 
caught in a mixed fishery. In order to fulfil their reporting obligations, Member States must 
determine the catch composition of such landings which would typically be done by installing 
a sampling system.  

The situation in this regard differs between areas. 

In  the  North  Sea,  the  Skagerrak  and  the  Kattegat,  the  unsorted  landings  of  herring  for 
industrial purposes do not give rise to this kind of problem. Almost all industrial catches from 
the area are landed in Denmark. Denmark has installed a sampling system for landings from 
this area which, although not directly linked to catch statistics, is linked to quota management 
by way of the separate by-catch quota for herring which limits the overall catches of herring. 
When this by-catch quota has been exhausted, unsorted landings (industrial landings) are no 
longer allowed. 

However,  for  by-catch  species  other  than  herring  there  do  not  exist  similar  by-catch  quotas 
and  landings  of  these  species  in  the  industrial  fisheries  are  only  regulated  by  the  by-catch 
percentages  laid  down  in  the  technical  measures  Regulation  (Council  Regulation  (EC)  No 
850/989).  

4 
5 
6 
7 
8 
9 

OJ L 24, 27.1.1983, p. 1. 
OJ L 358, 31.12.2002, p. 59. 
OJ L 220, 29.7.1982, p. 1. 
OJ L 207, 29.7.1987, p. 1. 
OJ L 261, 20.10.1993, p. 1. 
OJ L 125, 27.4.1998, p. 1. 

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In  the  Baltic  Sea,  all  the  Member  States  concerned  have  a  sampling  system  in  place. 
However, apart from the fact that Community inspections have shown weaknesses in the way 
the sampling is conducted, it seems clear that these sampling systems are not linked to quota 
management.  

The lack of proper control and monitoring of the catch composition of unsorted landings from 
the  Baltic  means  that  herring  by-catches  are  counted  against  the  sprat  quota  rather  than  the 
herring quotas. This practice is not in conformity with Council Regulation (EEC) No 2847/93 
and it undermines the conservation of the herring stocks, since catches may be substantially 
higher than the established TACs, and it also compromises the management of the fisheries 
since  the  data  used  for  scientific  assessment  of  the  state  of  the  stocks  is  based  on  incorrect 
landing data. 

In  waters  outside  the  North  Sea  and  the  Baltic  Sea,  unsorted  landings  are  in  general  not 
sampled.  A  significant  part  of  the  landings  by  Community  vessels  takes  place  in  third 
countries (Norway, Faroe Islands and Iceland).  

4. 

FUTURE MANAGEMENT AND CONTROL 

If TACs are set according to sound biological criteria and if they are enforced properly, the 
use of fish once landed is an economic issue and not a conservation issue. If it turns out to be 
economically more profitable to use a certain species for industrial purposes than for human 
consumption,  this  should  in  principle  not  be  a  conservation  issue.  However,  proper 
management of both industrial fishing and fishing for human consumption and, in particular 
effective  control  of  landings  from  both  fisheries,  must  be  the  basis  for  future  sustainable 
exploitation  of  any  stock  that,  like  herring  is  used  for  both  industrial  purposes  and  human 
consumption. The experience with the implementation of the conditions for limited landing of 
herring for industrial purposes from the North Sea, the Skagerrak and the Kattegat has shown 
that  by-catches  of  herring  (and  other  species)  and  landings  thereof  can  be  regulated  and 
monitored appropriately; almost all these landings have been subject to the special monitoring 
system applicable in Danish ports.  

Similar control and monitoring arrangements should cover all by-catches of TAC and quota 
species in industrial fisheries. 

However,  other  Member  States  than  Denmark  as  well  as  Denmark  with  respect  to  landings 
from  outside  the  North  Sea,  the  Skagerrak  and  the  Kattegat,  have  not  applied  the  same  or 
similar conditions for monitoring industrial landings.  

The  establishment  of  a  level  playing  field  for  the  fishing  industry  will  be  crucial  for 
transparent and effective monitoring of industrial landings throughout the Community.  

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It is important that the control and monitoring system not only covers industrial landings of 
herring  but  includes  all  by-catch  species  taken  in  industrial  fisheries.  To  ensure  efficient 
control  and  monitoring  of  by-catches  in  industrial  landings  the  Commission  proposes  to 
pursue the following options: 

A. 

1. 

2. 

Management measures 

Specific quotas for by-catches of the most important “human consumption” species;  

If one or more of the by-catch quotas are exhausted industrial landings from the area 
concerned will no longer be allowed. 

B. 

Control and monitoring 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

All quantities landed to be weighed according to a common weighing methodology; 

Unsorted landings to be sampled in accordance with a common methodology; 

Landings by species to be estimated on the basis of sampling results; 

Strict enforcement of the obligation to report catches against the right quota; 

Prior notification of landing by all vessels engaged in industrial fishing; 

Introduction  of  designated  port  schemes  for  industrial  fisheries  in  all  relevant 
Member States; 

Data  on  landings,  sales  and  where  appropriate  sampling  results  of  each  TAC  and 
quota species in the catch and VMS to be accessible to inspectors from all Member 
States and scientists; 

8. 

Adoption of a specific monitoring programme to guide inspection and surveillance. 

In addition, the Commission takes the view that the problems described in Chapter 3 above 
for the Baltic Sea are serious and that immediate action is needed to ensure that the TACs for 
herring are not overshot due to lack of proper monitoring of industrial landings. Landings for 
industrial  purposes  should  therefore  not  be  allowed  until  a  Member  State  can  provide 
sufficient  guarantees  that  there  are  control  and  sampling  systems  in  place  and  that  these 
systems will ensure a proper management of the respective quotas. 

In order to avoid that herring continue to be caught in a situation where the herring quota has 
been exhausted unsorted landings should be disallowed as soon as the herring quota has been 
taken. 

The  Commission  intends  to  have  a  discussion  with  Member  States  and  the  EP  in  2004  and 
will afterwards come forward with necessary proposals. 

8