Communication from the Commission to the Council and the European Parliament - Implementing sustainability in EU fisheries through maximum sustainable yield {SEC(2006) 868}
Date: 2006-07-04
Institutions: European Commission
Subjects: common fisheries policy, conservation of fish stocks, fishery management, fishery resources, fishing industry, sustainable development

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 4.7.2006 
COM(2006) 360 final 

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE 
EUROPEAN PARLIAMENT 

Implementing sustainability in EU fisheries through maximum sustainable yield 

{SEC(2006) 868} 

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TABLE OF CONTENTS 

1. 

2. 

2.1. 

2.2. 

2.3. 

2.4. 

3. 

3.1. 

3.2. 

3.3. 

4. 

5. 

6. 

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

The benefits to be gained from a Maximum Sustainable Yield (MSY) approach....... 4 

The reversal of a tendency to decline........................................................................... 4 

Improving the economic situation of the fishery ......................................................... 6 

Improving the balance of trade .................................................................................... 6 

Reducing discards and impact on non-target species................................................... 6 

How to achieve improvements..................................................................................... 6 

General approach ......................................................................................................... 6 

Dealing with changes in ecosystems............................................................................ 7 

Long-term Plans ........................................................................................................... 8 

Managing the adjustment ............................................................................................. 8 

Further Implementation : next steps........................................................................... 10 

Conclusion.................................................................................................................. 11 

ANNEX Extract of the Implementation Plan adopted at the World Summit on Sustainable 
Development, Johannesburg, 2002 .......................................................................................... 12 

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1. 

INTRODUCTION 

The  economic  performance  of  the  fisheries  sector  in  Europe  could  be  substantially 
improved  by  gradually  phasing  out  overfishing.  This  would  bring  about  economic 
benefits  for  the  fishing  industry  in  terms  of  reducing  costs,  improving  catches, 
improving the profitability of the fishery and reducing discards.  

Ensuring the sustainable use of the fisheries resources is clearly a prerequisite for the 
viability of the sector before any potential can be fully realised, and for that reason 
the  recent  focus  of  Community  fisheries  management  has  been  the  recovery  of  the 
most  depleted  stocks.  Although  the  situation  of  many  commercial  stocks  still 
requires  recovery  measures,  it  is  time  to  manage  European  fisheries  in  a  different 
way, looking for success rather than to seek merely to avoid failure.  

The Community and its Member States have subscribed to an international political 
commitment  at  the  World  Summit  on  Sustainable  Development  at  Johannesburg 
(September  2002)  to  maintain  or  restore  stocks  to  levels  that  can  produce  the 
maximum sustainable yield, with the aim of achieving these goals for depleted stocks 
on an urgent basis, and where possible not later than 2015 (Annex A).  

In  raw  terms,  maximum  sustainable  yield  is  the  maximum  yield  that  may  be  taken 
year after year. It is characterized by a level of fishing mortality that will, on average, 
result in a stock size that produces the maximum sustainable yield.  

This Communication sets a new political orientation as regards fisheries management 
in  the  Community,  in  order  to  implement  this  approach,  by  accelerating  its  move 
towards  a  longer-term  management  system  that  focuses  on  obtaining  the  best  from 
the productive potential of Europe's living marine resources, without compromising 
its use by future generations. This is fully consistent with the broader objective of the 
Common Fisheries Policy, which is to ensure exploitation of living aquatic resources 
that provides sustainable economic, environmental and social conditions.  

This movement should be also seen in the context of the gradual implementation of 
the ecosystem based approach to management, which also constitutes an objective of 
the  Common  Fisheries  Policy,  and  of  the  integrated  approaches  advocated  by  the 
recent European Marine Strategy1 and the preparatory work towards an EU Maritime 
Policy.  In  due  time  the  Commission  will  present  additional  proposals  to  properly 
complete the implementation of all WSSD engagements. 

The  benefits  can  only  be  obtained  by  exercising  more  restraint  in  fishing  during  a 
transitional period. It will be necessary to make considered choices about the pace of 
change,  and  it  is  essential  that  those  affected  should  be  associated  to  the  decision-
making  about  these  choices.  Financial  assistance,  such  as  that  foreseen  under  the 
proposal  for  an  European  Fisheries  Fund,  would  help  mitigate  the  social  and 
economic  repercussions  of  such  restraint  and  will  need  to  be  delivered  during  the 
transitional phase before the full economic benefits are achieved. 

1 

COM(2005) 505. 

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This  Communication  presents  the  policy  approach  to  implementing  a  maximum 
sustainable yield based fisheries management in the Community. Further background 
information on the current levels of overfishing of EU fish stocks and the potential 
gains from the implementation of an MSY approach to fisheries management in the 
EU  can  be  found  in  a  Commission  Staff  Working  Paper  relevant  to  this 
Communication2. 

2. 

THE  BENEFITS  TO  BE  GAINED  FROM  A  MAXIMUM  SUSTAINABLE  YIELD  (MSY) 
APPROACH 

2.1. 

The reversal of a tendency to decline 

Whereas some stocks, like herring and mackerel, are exploited at levels approaching 
sustainability,  catches  of  many  bottom-living  European  fish  stocks  have  declined 
dramatically in recent decades (Figure 2.1). There has simply been too much fishing 
in relation to the productive potential of the stocks.  

The Commission considers that implementing fish stocks management systems based 
on  the  Maximum  Sustainable  Yield  will  contribute  to  reverse  this  situation.  In 
addition to ensuring that stocks would not collapse, it would allow the development 
of  larger  fish  stocks,  leading  to  more  fishing  possibilities  at  lower  cost  and  with  a 
higher  unit  value,  providing  a  greater  guarantee  of  wealth.  Larger  fish  stocks  will 
also provide a buffer against changes in the number of young fish that join the stock 
each year that occur due to environmental factors. 

2 

Technical  Background  to  the  Commission's  Communication  "Implementing  sustainability  in  EU 
fisheries through maximum sustainable yield: a strategy for growth and employment. Commission Staff 
Working Paper - SEC(2006) 868. 

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Estimated landings of demersal species from the 
North Sea (1970-2004)

Estimated landings of hake, megrims and 
Nephrops from the Iberian Atlantic Area

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Figure  2.1.  Estimated  landings  of  demersal  species  in  various  areas  of  Community  waters. 
Source : ICES estimates, except for the Mediterranean Sea (FAO). 

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2.2. 

Improving the economic situation of the fishery 

Fishing  at  MSY  levels  would  reduce  costs  and  increase  profits  for  the  fishing 
industry,  as  the  amount  of  effort  (and  associated  costs,  such  as  fuel)  required  per 
tonne of fish caught decreases. Choices for Member States and those who make their 
living  from  fishing  will  be  easier  when  more  fish  can  be  caught  and  more  wealth 
spread among the fishing industry. 

2.3. 

Improving the balance of trade 

The  Community's  fishing  industries  face  a  substantial  competitive  challenge  from 
imports.  About  60%  of  fish  consumed  in  the  Community  is  imported,  and  this 
proportion is even higher for the demersal (whitefish) sector. In recent years, over 10 
million tonnes of fish have been imported annually.  

Fish  from  stocks  managed  at  near-maximum  sustainable  yield  levels  benefit  from 
competitive advantages of stable supply (because availability can be guaranteed) and 
high quality (because investment in product handling is worthwhile since long-term 
prospects are more stable).  

2.4. 

Reducing discards and impact on non-target species 

Reducing fishing mortality is the best single solution to the discard problem. Fish are 
discarded  because  they  have  been  brought  on  board  a  fishing  vessel  when  they  are 
too small, of too low value or else are not caught within the available quota.  

When fishing at MSY levels, the proportion of large and high value fish in the catch 
is greater. For each tonne of marketable fish landed there will be less fish that must 
be discarded. 

Fishing  for  commercial  species  can  often  also  disturb  habitats  and  harm  non-
commercial  species,  including  dolphins  and  porpoises.  Reducing  the  fishing 
mortality  rate  from  current  levels  towards  MSY  levels  will  reduce  the  by-catch  of 
such non-target species. 

3. 

HOW TO ACHIEVE IMPROVEMENTS 

3.1. 

General approach 

In order to allow fish to grow more, and achieve a higher value and yield when they 
are caught, we have to reduce the proportion of fish that are captured from the sea3. 
Initially  this  would  mean  reducing  catches,  but  as  stocks  become  healthier  catches 
will increase to higher levels in a sustainable manner.  

3 

This is usually measured as the annual fishing mortality rate, which is the amount of fish caught in a 
year divided by the average amount of fishable stock in the sea during the year. A technical account of 
the  use  of  this  parameter  in  implementing  an  MSY  approach  is  provided  in  the  Commission  Staff 
Working Paper accompanying this Communication. 

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Attempting  to  rebuild  fish  stocks  without  a  longer  term  strategy  is  a  risky  and 
difficult task. Fish populations are difficult to measure, and while fishing is the major 
influence on stock health, other factors such as environmental changes and the influx 
of  young  fish  also  play  a  role.  Fisheries  management  must  focus  on  sustainability 
and  stability  and  seek  to  balance  fishing  activity  against  the  productive  capacity  of 
the stocks. This can be done gradually by reducing the number of vessels fishing, or 
the fishing effort that they exert. 

In order to enable fishermen to take the maximum sustainable yield from the stock 
we  need  to  define  which  target  rate  of  fishing  is  appropriate  for  each  stock  on  the 
basis  of  the  best  available  scientific  advice.  We  also  need  to  decide  on  the  rate  at 
which annual adjustments will be made to reach this target. These decisions should 
be implemented through long term plans as foreseen under the framework regulation 
of the Common Fisheries Policy. 

In  preparing  proposals  for  long-term  plans,  the  Commission  will  consider  a  broad 
number  of  instruments,  such  as  methods  for  annual  adjustments  to  TACs  and 
adjustments  to  effort  levels,  incorporating  precautionary  considerations.  Where 
appropriate,  the  contribution  of  technical  measures  such  as  closed  areas  or 
regulations concerning the structure of fishing gear will also be taken onboard. 

As  a  matter  of  principle,  it  will  be  necessary  to  keep  the  desired  long  term  plans, 
including  rates  and  associated  measures  under  review  as  ecosystems  and 
environments change over time.  

3.2. 

Dealing with changes in ecosystems 

It is highly uncertain how marine ecosystems will develop in relation to changes in 
climate  and  weather.  While  these  and  other  environmental  factors  may  certainly 
affect  fish  stocks,  fishing  has  in  many  cases  the  most  important  impact.  Exploiting 
fish  stocks  at  a  lower  rate  of  fishing  will  make  stocks  more  robust  to  ecological 
changes. 

Attempting to manage a fish stock towards a target size could need large changes in 
the industry's activity in order to counterbalance environmental changes in the short 
term. This would generate unacceptable instability for the industry, and the preferred 
approach is therefore to harvest fish at a steady and sustainable rate4. 

As fishing mortalities are reduced and stocks rebuilt, more knowledge will be gained 
and the targets for long-term management must be adjusted to take account of new 
knowledge that is gained about ecosystems and their productive potential. 

It  is  important  to  keep  marine  ecosystems  in  balance.  Fishing  down  one  species  in 
order to favour the yield of another would be a high-risk approach where economic 
activity  would  depend  on  fewer  resources  and  be  more  vulnerable  to  stock 
depletions.  

4 

The Staff Working Paper describes the advantage of this harvesting method. 

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Fishing on all species in an ecosystem should normally take place at a rate that is less 
than the rate of fishing that corresponds to obtaining a maximum sustainable yield in 
the  long  run.  In  some  fisheries  ("mixed  fisheries")  a  number  of  species  may  be 
caught on the same fishing trip. To avoid the accidental overfishing of a species as 
by-catch, additional measures such as modifications to fishing gears and closed areas 
and seasons may be necessary components of some long-term plans. 

3.3. 

Long-term Plans 

Long-term  plans  should  be  the  prime  instrument  to  implement  this  new  approach. 
The Commission considers that plans should be prepared in the following way: 

•  the  consultation  with  concerned  sectors,  that  is,  fishermen,  consumers  and  any 

other stakeholder should be ensured; 

•  impartial scientific advice will be the basis of any plan; 

•  economic,  social  and  environmental  impacts  of  proposed  measures  will  be  duly 

taken into account; 

•  they  should  define  a  target  rate  of  fishing,  and  a  means  to  reach  that  target 

gradually - and not seek to manage biomass levels; 

•  the  plans  should  also  aim  at  diminishing  any  harmful  impact  of  fishing  on  the 

ecosystem; 

•  where  different  stocks  are  normally  caught  together,  the  plans  should  include 
technical  measures  to  ensure  fishing  of  all  the  stocks  in  compatibility  with  their 
respective targets; 

•  the  plans  may  also  cover  the  possibility  of  exploiting  some  stocks  more  lightly 
than at MSY levels in order to achieve some gain in productivity of other species; 

•  the  plans  should  establish  targets  irrespective  of  the  biological  condition  of  the 
stock  when  the  plans  enter  into  force,  though  the  plans  may  require  stronger 
conservation measures in the event that a resource is more depleted; 

•  where,  due  to  lack  of  data  or  other  circumstances,  scientific  advice  cannot 
quantify  the  actions  needed  to  reach  maximum  sustainable  yield  conditions,  the 
plans should specify appropriate guidelines; 

•  the plans, and their targets, must be subject to periodic review. 

4. 

MANAGING THE ADJUSTMENT 

The  Community  and  its  Member  States  have  subscribed  to  reaching  the  MSY 
objective. Now we need to decide on the pace of change to reach this objective and 
how  to  manage  the  transition.  The  success  in  the  implementation  of  this  new 
approach depends very much on the capacity of the fisheries sector, at national level, 
to accommodate to a new situation. 

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Once long term plans establishing adequate stock targets are adopted, Member States 
will  have  to  decide  on  the  pace  of  change  to  reach  these  objectives,  and  how  to 
manage the transition. There are two broad approaches for managing this change. 

1.  One  approach  would  be  to  focus  on  economic  efficiency  by  reducing 
fishing  capacity,  investment  and  employment  to  no  more  than  what  is 
needed to fish at the maximum sustainable yield rate. Catches would be 
larger,  fishing  fleets  would  be  smaller,  fewer  fishermen  would  be 
employed  (although  onshore  processing  employment  might  increase), 
fishing would be more profitable and fisheries regulation simpler and less 
burdensome. Some fisheries and some Member States are experiencing a 
shortage of qualified fishermen, so the social implications of reducing the 
size of fleets may be limited there. 

2.  Another approach would be to keep current levels of employment at the 
price  of  economic  inefficiencies.  This  would  mean  maintaining  the  size 
of the fleet but reducing the efficiency of fishing, by limiting the vessels' 
capacity to catch fish (e.g. by limiting its size, power or fishing gear) or 
imposing  limitations  on  days-at-sea.  Some  Member  States  have  used 
these instruments already and the Community has in the past three years 
imposed  day-at-sea  restrictions  in  several  demersal  fisheries.  Compared 
with  present  conditions,  overall  catches  would  be  larger,  fishing  fleets 
would be subject to more restrictive regulations, employment and vessel 
activity  would  be  more  part-time,  but  fishing  would  be  more  profitable 
because catches would be maintained but variable costs (e.g. fuel costs) 
would be reduced. Changing to smaller-scale fisheries with lower levels 
of fishing efficiency could also bring increased yields while having less 
direct  effect  on  employment  at  sea.  Maintaining  employment  can  be 
compatible  with  reducing  rates  of  fishing  by  moving  to  less  capital-
intensive forms of fishing. 

the  Commission  considers 

Of  the  two  approaches,  the  former  implies  reducing  the  capacity  of  national  fleets, 
which 
the  most  easily  controllable  fisheries 
management measure. Under either approach, change can be managed more easily if 
it occurs gradually, so it is important to start the process soon. 

is 

The choice of economic strategy for the fisheries sector is a national decision. Since 
Member  States  decide  how  to  allocate  fishing  opportunities  at  national  level5.  The 
main role of the Community in this context is to provide the management framework 
for phasing out overfishing. The Community could also support structural change in 
the fisheries sector through the current Financial Instrument for Fisheries Guidance 
(FIFG)  and  the  proposed  European  Fisheries  Fund.  Under  these  instruments  funds 
are  made  available  for  adapting  or  buying  out  fishing  vessels,  retraining  fishermen 
for other occupations and stimulating economic activity both within the non-catching 
part of the fisheries sector and outside the fisheries sector. 

5 

Article 20(3) of Regulation (EC) No 2371/2002. 

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While it is up to the Member States to choose an economic strategy, the Commission 
notes that solutions other than decommissioning have in the past created problems of 
enforcement and of social acceptance: it is difficult to maintain an over-large fishing 
fleet without using it.  

Analyses  of  the  economic  and  social  effects  of  significant  changes  in  fisheries 
management  are  obviously  necessary  before  such  changes  are  made.  However,  the 
specifics  of  each  fleet  can  vary  greatly  between  the  Member  States  and  between 
different  fisheries.  Because  of  this  diversity,  a  general  social  and  economic  impact 
evaluation is not feasible. Instead the Commission proposes to follow a regional and 
fishery-specific approach, as outlined in the following section. The Council will have 
an  opportunity  to  consider  the  strategy  for  each  fishery  in  the  light  of  the 
Commission's  impact  analysis  and  the  opinion  of  the  Regional  Advisory  Councils 
(RACs). 

5. 

FURTHER IMPLEMENTATION : NEXT STEPS 

Over the coming years the Commission will propose long-term plans with the aim of 
bringing  all  major  fish  stocks  in  Community  waters  to  rates  of  fishing  at  which 
maximum sustainable yields can be achieved. For stocks jointly managed with third 
countries, the Community will seek to develop joint management arrangements with 
the same objective. 

The  plans  will  be  fishery-based,  addressing  groups  of  fish  stocks  that  are  caught 
together. 

The guiding principles for their development will be the following: 

(a) 

the Commission, in preparing its proposals, will actively consult the RACs; 

the  Commission  will  prepare  adequate  assessments  of  the  implications  of  the 

(b) 
plan, in close cooperation with concerned RACs; 

the  long-term  plans  will  include  programmed  reductions  in  fishing  rates, 
(c) 
effected  principally  through  adjustments  to  total  allowable  catches  and  effort 
management, but also incorporating technical measures where appropriate; 

the plans could include elements such as limits on the extent to which fishing 
(d) 
opportunities can change from one year to the next and will be designed to assure a 
stable and smooth transition and, to this end, may include predefined measures and 
the conditions under which these measures will apply; 

(e) 

long-term plans should be updated at intervals of around five years; 

(f)  measures  seeking  effective  compliance  will  be  an  integral  component  of  the 
process; 

long-term  plans  will  where  appropriate  include  milestones  to  be  used  to 

(g) 
measure the progress of the plan towards the achievement of MSY. 

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In  implementing  this  process,  the  Commission  will  give  priority  to  those  fisheries 
where the industry has supported a specific approach through the RACs, and to those 
fisheries where the most rapid conservation and economic benefits can be gained by 
moving towards maximum sustainable yield fisheries. 

Putting  a  complete  set  of  long-term  plans  in  place  to  achieve  the  MSY  target  will 
take  time.  While  proposals  for  long-term  plans  are  being  negotiated  it  will  be 
necessary  to  ensure  that  the  Community’s  annual  management  decisions  take 
account of the 2015 objective, and at the very least do not make it more difficult to 
achieve. 

As a first step in this process, the Community should, with effect from 2007, adopt 
management decisions that ensure that there is no increase in the fishing rate for any 
stock that is already overfished. 

This  process  will  be  without  prejudice  to  other  measures,  such  as  recovery  plans, 
taken  in  accordance  with  the  precautionary  approach  to  reduce  risks  of  stock 
depletions in the short term. 

6. 

CONCLUSION 

Fishing is inherently a risky occupation, not least because of the variability of marine 
ecosystems.  But  persistent  overfishing  in  recent  decades  has  led  to  depletion  of 
stocks,  lower  catches,  and  higher  costs  in  taking  those  catches.  Because  of  this, 
fishermen  have  been  exposed  to  unnecessary  risks  and  incurred  unnecessary 
expenses, and the shortfall has had to be made up from imported or farmed fish. 

This  situation  can,  and  should  be,  addressed.  The  Commission  will  take  its 
responsibilities in preparing sound proposals based on the best available science and 
after  extensive  consultation  with  concerned  stakeholders.  It  invites  Member  States 
and  the  fishing  sector  to  join  this  process.  Meeting  the  commitments  made  at  the 
World Summit on Sustainable Development will allow the fishing sector to operate 
in a safer, less risky and more profitable industry. 

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ANNEX 
Extract of the Implementation Plan adopted at the World Summit on Sustainable 
Development, Johannesburg, 2002 

31. 

To achieve sustainable fisheries, the following actions are required at all levels: 

(a)  Maintain or restore stocks to levels that can produce the maximum sustainable 
yield with the aim of achieving these goals for depleted stocks on an urgent basis and 
where possible not later than 2015; 

(b)  Ratify or accede to and effectively implement the relevant United Nations and, 
where appropriate, associated regional fisheries agreements or arrangements, noting 
in  particular  the  Agreement  for  the  Implementation of the  Provisions of the United 
Nations  Convention  on  the  Law  of  the  Sea  of  10  December  1982  relating  to  the 
Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish 
Stocks  and  the  1993  Agreement  to  Promote  Compliance  with  International 
Conservation and Management Measures by Fishing Vessels on the High Seas; 

(c) 
Implement the 1995 Code of Conduct for Responsible Fisheries, taking note of 
the  special  requirements  of  developing  countries  as  noted  in  its  Article  5,  and  the 
relevant  international  plans  of  action  and  technical  guidelines  of  the  Food  and 
Agriculture Organization of the United Nations; 

(d)  Urgently  develop  and  implement  national  and,  where  appropriate,  regional 
plans  of  action,  to  put  into  effect  the  international  plans  of  action  of  the  Food  and 
Agriculture  Organization  of  the  United  Nations,  in  particular  the  International  Plan 
of  Action  for  the  Management  of  Fishing  Capacity  by  2005  and  the  International 
Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated 
Fishing  by  2004.  Establish  effective  monitoring,  reporting  and  enforcement,  and 
control of fishing vessels, including by flag States, to further the International Plan of 
Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing; 

relevant 

regional 

(e)  Encourage 
fisheries  management  organizations  and 
arrangements  to  give  due  consideration  to the  rights,  duties  and  interests  of  coastal 
States and the special requirements of developing States when addressing the issue of 
the allocation of share of fishery resources for straddling stocks and highly migratory 
fish stocks, mindful of the provisions of the United Nations Convention on the Law 
of the Sea and the Agreement for the Implementation of the Provisions of the United 
Nations  Convention  on  the  Law  of  the  Sea  of  10  December  1982  relating  to  the 
Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish 
Stocks, on the high seas and within exclusive economic zones; 

(f)  Eliminate  subsidies  that  contribute  to  illegal,  unreported  and  unregulated 
fishing  and  to  over-capacity,  while  completing  the  efforts  undertaken  at  the  World 
Trade  Organization  to  clarify  and  improve  its  disciplines  on  fisheries  subsidies, 
taking into account the importance of this sector to developing countries; 

EN 

12 

   EN 

 
(g)  Strengthen donor coordination and partnerships between international financial 
institutions,  bilateral  agencies  and  other  relevant  stakeholders  to  enable  developing 
countries,  in  particular  the  least  developed  countries  and  small  island  developing 
States and countries with economies in transition, to develop their national, regional 
and  subregional  capacities  for  infrastructure  and  integrated  management  and  the 
sustainable use of fisheries; 

(h)  Support  the  sustainable  development  of  aquaculture,  including  small-scale 
aquaculture,  given  its  growing  importance  for  food  security  and  economic 
development. 

EN 

13 

   EN