Communication from the Commission - Consultation on Fishing Opportunities for 2011
Date: 2010-05-17
Institutions: European Commission
Subjects: common fisheries policy, conservation of fish stocks, fishery management, fishery resources

EN 

EN 

   EN 

 
 
EUROPEAN COMMISSION 

Brussels, 17.5.2010 
COM(2010)241 final 

COMMUNICATION FROM THE COMMISSION  

Consultation on Fishing Opportunities for 2011 

EN 

   EN 

 
 
 
  
COMMUNICATION FROM THE COMMISSION  

Consultation on Fishing Opportunities for 2011 

1. 

2. 

3. 

3.1. 

3.2. 

3.3. 

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

New Policy Developments........................................................................................... 3 

State of Resources ........................................................................................................ 4 

Overview ...................................................................................................................... 4 

Migratory Pelagic Stocks ............................................................................................. 5 

North Sea, Skagerrak and Kattegat .............................................................................. 5 

3.4.  West of Scotland, Irish Sea and Celtic Sea .................................................................. 5 

3.5. 

3.6. 

3.7. 

3.8. 

4. 

4.1. 

4.2. 

5. 

6. 

7. 

8. 

9. 

Bay of Biscay and Iberian-Atlantic Seas ..................................................................... 5 

Deep Sea species .......................................................................................................... 5 

Baltic Sea ..................................................................................................................... 6 

Mediterranean Sea........................................................................................................ 6 

Setting Fishing Opportunities ...................................................................................... 6 

Setting TACs................................................................................................................ 6 

Fishing effort................................................................................................................ 6 

Management by long-term plans.................................................................................. 7 

Changes to working method where long-term plans are not yet in force .................... 8 

Schedule of Proposals .................................................................................................. 9 

Stakeholder Dialogue ................................................................................................... 9 

Conclusion.................................................................................................................. 10 

EN 

2 

   EN 

 
1. 

INTRODUCTION 

This  is  the  fifth  annual  Communication  of  a  series  setting  out  the  Commission's 
working  method  for  proposing  fishing  opportunities  (quotas  and  fishing  effort)  for 
European  fishermen  and  in  European  waters.  It  is  a  basis  for  consultation  with 
stakeholders and Member States.  

The proposals follow seven guiding principles: 

according  to  the  main  objectives  of  the  Common  Fisheries  Policy  (CFP)1,  fishing 
opportunities  must  be  set  at  a  level  which  ensures  sustainable  exploitation  of 
resources in environmental, economic and social terms; 

to  ensure  a  stable  and  predictable  framework  for  operators  depending  on  fisheries 
and to avoid unnecessary quota changes, annual variations should be limited as far as 
practicable; 

international  commitments  must  be  respected,  including  the  commitment  to  rebuild 
stocks  so  that  they  reach  their  maximum  productivity2.  For  2011,  the  Commission 
intends to change the working method used for 2010 in order to attain the objectives 
agreed for 2015.  

long-term plans in force must be implemented;  

fishing  on  overexploited  stocks  should  be  reduced  and  depleted  stocks  should  be 
rebuilt; 

proposals  are  based  on  advice  from  the  Scientific,  Technical  and  Economic 
Committee  for  Fisheries  (STECF)  (usually  based  on  advice  from  the  International 
Council for the Exploration of the Sea (ICES)); 

the  precautionary  approach  must  apply:  absence  of  evidence  is  not  evidence  of 
sustainability.  

2. 

NEW POLICY DEVELOPMENTS  

By  2011,  time  is  running  out  for  reaching  Maximum  Sustainable  Yield  (MSY) 
targets by 2015. Many important stocks are now under long-term plans that have Fmsy 
objectives.  These  plans  should  be  implemented,  and  for  both  new  plans  and  for 

1 

2 

Article  2  of  Council  Regulation  (EC)  No.  2371/2002  of  20  December  2002  on  the  conservation  and 
sustainable  exploitation  of  fisheries  resources  under  the  Common  Fisheries  Policy.  OJ  L  358  of 
31.12.2002, p. 59. 
Implementing sustainability in EU fisheries through maximum sustainable yield. Communication from 
the Commission to the Council and the European Parliament. COM (2006) 360 final. 

EN 

3 

   EN 

 
                                                 
existing plans that need revision to align their targets on MSY, the Commission will 
make appropriate Fmsy –based3 proposals.  

For  stocks  for  which  no  long-term  plans  have  yet  been  proposed,  it  would  be 
appropriate to move towards MSY by reducing fishing mortality in equal steps from 
the 2011 fishing year until the 2014 fishing year to Fmsy, and exploiting stocks at Fmsy 
in 2015 and thereafter. Starting in 2011, this means four equal steps. 

In  the  context  of  a  more  regional  approach  to  implementing  the  CFP,  the 
Commission would like to consult interested parties on devolving the management of 
Total  Allowable  Catches  (TACs)  that  concern  only  one  Member  State  to  that 
Member  State,  subject  to  long-term  commitments  on  reporting  requirements  and 
good management practice.  

Improved adaptation of TAC units to biological areas has been achieved in 2008 and 
2009. For 2011, a separation of the TAC area for plaice in zones VIId and VIIe will 
be considered. 

3. 

STATE OF RESOURCES 

3.1. 

Overview 

There are glimpses of good news concerning the state of fish stocks (Annex Ia). 

The number of stocks that are known not to be overfished has increased from 2 

• 
in 2005 to 11 in 2010.  

There were 20 stocks subject to an advice to stop fishing, by now these have 

• 
decreased to 14. 

Stocks  "outside  safe  biological  limits"  (but  not  subject  to  an  advice  to  stop 

• 
fishing) have diminished from 30 in 2003 to 22 in 2010. 

•  While total allowable catches (TACs) have still been set at much higher levels 
than those advised by scientists, this excess has decreased from around 47% to 34% 
in 2010. 

However, there are more stocks (42, up from an average of 35) where scientists have 
not provided advice because of concerns about the quality of data or other reasons. 
These  include  megrims,  cod  and  sole  in  the  Celtic  Sea  and  sole  in  the  western 
channel, though progress has been made in the assessment of Nephrops stocks. 

While  there  are  signs  of  improvement,  this  is  only  a  small  start.  Success  in 
recovering stocks is far from guaranteed and efforts to eliminate overfishing have to 
be kept up.  

3 

The maximum sustainable yield rate of fishing (Fmsy) is the intensity of fishing activity that will produce 
the highest yield from the stock in the long term, and without depleting the stocks' productive capacity 
in the short term. 

EN 

4 

   EN 

 
                                                 
3.2.  Migratory Pelagic Stocks 

The  arrangements  in  place  for  mackerel  in  2010  would  allow  catches  nearly  40% 
higher  than  the  sustainable  catch  which  would  have  been  set  if  the  long-term  plan 
agreed between the EU, Norway and Faroes in 2009 had applied. No agreement was 
reached  between  the  EU,  Norway,  Faroes,  Russia  and  Iceland  concerning  the  out-
take from this stock during 2010. While the stock is at a high level now, there is a 
risk of rapid depletion if management is not brought back into good order. 

Stocks of blue whiting and North Sea herring are at low levels of recruitment, but the 
TACs have been adapted in consequence. 

3.3. 

North Sea, Skagerrak and Kattegat 

Progress  has  been  better  than  elsewhere.  The  number  of  stocks  outside  safe 
biological limits has declined from 8 to 6, and there are now 5 stocks that are known 
not to be overfished compared to only 2 last year. TACs exceeded scientific advice 
by  17%  for  2010  compared  with  37%  in  2009.  However,  the  number  of  stocks  for 
which scientists have not provided advice has increased from 10 to 11. 

3.4.  West of Scotland, Irish Sea and Celtic Sea  

As  in  2008  many  stocks  are  depleted  and  there  are  widespread  problems  with 
recording of catches and other data such that the state of the resources could not be 
assessed in 29 out of 48 stocks. Out of 18 stocks where MSY could be assessed, 13 
were  overfished.  Ten  stocks  were  subject  to  a  closure  advice.  There  are  signs  of 
improvement:  for  instance,  an  increase  for  Celtic  Sea  herring.  TACs  exceeded 
scientific advice by 49%. 

3.5. 

Bay of Biscay and Iberian-Atlantic Seas 

Few assessments are available for the 17 stocks in this area. Only the Bay of Biscay 
sole  is  known  to  be  inside  safe  biological  limits.  Four  stocks  are  known  to  be 
overfished and two stocks (southern hake and anchovy) are known to be outside safe 
biological limits. TACs exceeded scientific advice by 55% on average. Three stocks 
are subject to a closure advice. 

Southern hake TACs have been overshot and both fishing effort and fishing mortality 
have  increased  recently.  The  implementation  of  the  management  plan  appears  to 
have been insufficient to control catches or reduce fishing mortality. 

3.6. 

Deep Sea species  

Advice for most stocks is that fisheries should either be reduced or not be allowed to 
expand  unless  they  are  known  to  be  sustainable.  Some  stocks,  like  orange  roughy, 
should  not  be  fished  at  all.  For  others  such  as  tusk,  ling  and  red  seabream  a 
development  of  fisheries  towards  long-term  sustainable  levels  might  be  possible  in 
the future, depending on the area fished. New biennial scientific advice is expected in 
summer 2010, covering the years 2011 and 2012.  

EN 

5 

   EN 

 
3.7. 

Baltic Sea 

Two stocks are fished at or below Fmsy levels. The remaining 5 stocks are overfished. 
The average percentage by which the agreed TACs exceeded scientific advice is 16% 
for  2010  compared  with  22%  in  2009.  The  number  of  stocks  for  which  scientists 
have not provided advice has decreased from 3 to 2. 

3.8.  Mediterranean Sea  

Though  scientific  assessments  of  demersal  and  small  pelagic  stocks  have  been 
regularly carried out by inter alia the STECF and the Scientific Advisory Committee 
of  the  General  Fisheries  Council  for  the  Mediterranean  (GFCM-SAC)  in  the  last 
decade,  only  in  2009  has  STECF  provided  a  synopsis  of  Mediterranean  stocks  in 
relation to biological reference points (Annex Ib). 

Assessments  for  only  16  species  out  of  102  candidate  species  (not  including  the 
elasmobranches, tunas and tunas like species) are available. Within these 16 species, 
42 biological stocks could be identified and assessed. A further 18 stocks could only 
be identified but neither the stock status nor the fishing pressure are yet known.  

Of  the  42  stocks  where  estimation  could  be  made  with  respect  to  safe  biological 
limits, 40% of stocks were inside safe biological limits and 60% were outside. Of 46 
stocks  where  overfishing  could  be  assessed  with  respect  to  MSY,  54%  were 
overfished and 46% were not. 

4. 

SETTING FISHING OPPORTUNITIES  

4.1. 

Setting TACs 

Overfishing  and  stock  depletion  are  due  in  part  to  allowing  too  much  catch  and 
effort.  The  TACs  (which  do  not  restrict  catches  that  are  discarded)  adopted  by 
Council  based  on  a  Commission  proposal  have  been  about  48%  higher  than  the 
sustainable catch (Table 4, Annex Ia). It is welcome that this figure has fallen to 34% 
for  2010,  but  more  progress  towards  responsible  fishing  is  needed.  The  reinforced 
move towards MSY policies (Section 2) should encourage and promote this change 
in practice.  

Commission proposals have, in many cases, differed from scientific advice because 
the level of TAC change has been limited to a fixed percentage. In addition to known 
problems about enforcement, setting quotas at levels that are too high has contributed 
to keeping marine resources at low levels. 

4.2. 

Fishing effort 

Adaptations  in  fishing  effort  are  required  for  several  long-term  plans  (cod  in  the 
North Sea and the Baltic Sea, the North Sea plaice and sole, the western Channel sole 
and the Southern hake and Norway lobster stocks). Effort has reduced in most areas 

EN 

6 

   EN 

 
since the plans were introduced, but this was not the case concerning effort in zones 
VIIIc and IXa, relevant to the southern hake and Nephrops4 (Annex II).  

For the North Sea plans concerning cod and flatfish5 the transition from days at sea 
per vessel type to kilowatt-days per effort group should be completed during 2010. 
Some  refinements  may  be  necessary  concerning  the  calculation  of  initial  effort 
baselines.  Effort  deployed  by  some  regulated  gears  and  zones  are  affected  by  both 
plans.  Applying  the  effort  adjustment  rules  of  the  plans  to  gears  affected  by  both 
plans  has  so  far  not  caused  major  problems.  The  flatfish  plan  is  under  review  in 
2010, while the cod plan should be reviewed in 2011. Effort allocations for 2011 will 
follow the plans as in force.  

For those stocks that are under plans which specify adjustment to effort levels on the 
basis of scientific advice, the Commission will, in the event that the specific advice is 
not  available  from  STECF,  make  a  proposal  according  to  the  best  available 
approximation to the plan.  

The Commission will consult stakeholders and Member States separately concerning 
the management of effort in the Celtic Sea.  

Effort in the Baltic Sea shifted westward in recent years and by 2008 had decreased 
by 14% compared to 2002. There was a shift to unregulated gears targeting mostly 
pelagic species. Effort allocations for 2011 will follow the cod plan as in force. An 
evaluation of the Baltic cod plan6 is foreseen late in 2010.  

Decisions  concerning  fishing  effort  related  to  deep-sea  species  in  the  Northeast 
Atlantic  will  be  based  on  the  2009  NEAFC  recommendation  in  this  respect,  which 
concerns the years 2010, 2011 and 2012 and states that the effort deployed shall not 
exceed  65%  of  the  highest  level  put  into  deep-sea  fishing  in  previous  years  for  the 
relevant species. 

5. 

MANAGEMENT BY LONG-TERM PLANS 

Long-term  plans  remain  at  the  core  of  the  Commission's  policy;  both  Community 
Regulations  concerning  long-term  plans  and  plans  developed  under  international 
agreements  must  be  implemented.  Such  plans  have  proven  to  be  more  effective  in 
managing stocks and have improved decision making  

No new plans came into force in 2009. For 2010 it is expected that: 

•  plans concerning anchovy and western horse mackerel should be adopted; 

•  plans  concerning  west  of  Scotland  haddock  and  Celtic  Sea  herring  should  be 

proposed by the Commission; 

4 
5 
6 

Council Regulation (EC) No 2166/2005 of 20 December 2005. OJ L 345, 28.12.2005, p. 5.  
Council Regulation (EC) No 676/2007 of 11 June 2007. OJ L157 of 19.6.2007, p.1 
Council Regulation (EC) No 1098/2007 of 18 September 2007. OJ L 248, 22.9.2007, p1. 

EN 

7 

   EN 

 
                                                 
•  the  revision  of  the  plans  concerning  northern  hake,  Southern  hake  and  Norway 

lobster and Bay of Biscay sole will continue during 2010; 

•  the multi-annual plan for cod in the Baltic Sea will be evaluated. 

Work  will  also  continue  on  bringing  more  stocks  under  long-term  management, 
including  salmon  and  pelagic  stocks  in  the  Baltic  Sea  and  a  few  Mediterranean 
fisheries in 2010. Where, pending adoption of such plans, Council and Commission 
have  declared  specific  intentions  on  harvest  rules,  these  will  be  followed  in 
Commission proposals. 

6. 

CHANGES  TO  WORKING  METHOD  WHERE  LONG-TERM  PLANS  ARE  NOT  YET  IN 
FORCE 

Some  adaptations  to  the  working  method  used  previously  are  necessary  in  order  to 
move towards Fmsy (Annex III). For stocks which are overfished but are inside safe 
biological  limits,  adaptations  of  the  TACs  will  be  proposed  such  that  MSY  fishing 
mortality will be reached by 2015. The limit on TAC changes will be increased from 
15% to 25% so as not to prejudice the attainment of the MSY objective. 

For  stocks  which  are  overfished  and  are  also  outside  safe  biological  limits,  the 
existing  rule  will  be  modified  so  as  to  move  towards  the  MSY  objective  by  2015. 
The 30% minimum decrease in fishing mortality would be retained where necessary. 

Scientific advice on setting TACs for stocks where no catch options were available 
was requested in 2009. A full reply has yet to be received and the request set out in 
Annex  IV  is  repeated  and  is  addressed  to  both  ICES  and  STECF  (a  small 
clarification  is  added  to  paragraph  1).  In  addition,  an  ad  hoc  procedure  for  TAC-
setting for stocks where no advice is available ("Category 11") will be discussed with 
Member States, Regional Advisory Councils (RAC)s, ICES and STECF. 

Member  States  should  implement  data  cross-checking  and  improve  data  delivery. 
The Data Collection Framework (DCF)7 will improve some of the data-related issues 
through the increase of species listed for mandatory data collection including surveys 
at  sea.  The  current  reform  of  the  CFP  control  system  should  help  address  these 
shortcomings,  providing  for  the  improvement  of  the  Vessel  Monitoring  System 
system and a faster and wider implementation of the electronic logbook. 

Permissible  fishing  opportunities  depend  on  the  state  of  fish  stocks,  which  are 
affected  not  only  by  catches  taken  and  landed  but  also  by  catches  taken  and 
discarded.  The  Commission  attaches  high  importance  to  discard  reduction,  as 
demonstrated  and  documented  success  in  reducing  discards  can  result  in  higher 
TACs.  With  this  context,  the  Commission  will  examine  the  results  of  discard-
reduction initiatives during 2010.  

7 

Council Regulation (EC) No. 199/2008 of 25 February 2008. OJ L 60, 5.3.2008, p. 1. 

EN 

8 

   EN 

 
                                                 
7. 

SCHEDULE OF PROPOSALS 

The timetable of work is foreseen as follows: 

Fishing 
Opportunities 
Regulation 

Advice 
Available 

Commission 
Proposal 

Possible adoption 
by Council 

Black Sea 

November

October (+) 

December  

Baltic Sea 

Deep-Sea 

Atlantic, North 
Sea and other 
areas 

May 

July 

early September 

October  

end September 

November 

July(*) 

end October 

December 

(+) completed in November 

(*) completed in October 

It is intended to discuss this present Communication with Member States at the June 
2010 Council.  

8. 

STAKEHOLDER DIALOGUE 

The  Commission  attaches  high  value  to  stakeholder  input  concerning  fishing 
opportunities. In last year's consultation,  stakeholders identified the following main 
issues that should be taken into account in the fishing opportunities communication: 

i) socio-economic analysis should be developed,  

ii) other EU regulations and directives considered when setting fishing opportunities, 
and  

iii) a regionalized approach when describing the state of the resource.  

These  remarks  have  been  taken  into  account  where  possible.  However,  social  and 
economic factors can only be addressed in the development of long-term plans, not 
in the context of annual advice.  

RACs  were  consulted  when  designing  management  measures  for  specific  stocks, 
such  as  the  protection  of  Nephrops  on  Porcupine  Bank.  The  North-Western 
WatersRAC  (NWWRAC)  suggested  a  seasonal  closure,  which  was  supported  by 
STECF and consequently also by the Commission.  

RACs  have  also  drawn  attention  to  poor  data  concerning  many  stocks.  Good 
information  about  the  fishery  and  the  stocks  is  needed  in  order  to  provide  credible 
advice.  Stakeholders  are  encouraged  to  ensure  full  implementation  of  the  existing 

EN 

9 

   EN 

 
systems of catch reporting and data collection. To further this end, stakeholders will 
be invited to participate in data quality reviews. 

Correct data are essential to make fisheries management work. With a sound basis in 
information,  stakeholders  will  also  be  better  able  to  advise  the  Commission 
concerning sustainable fishing practices.  

9. 

CONCLUSION 

The  Commission  solicits  the  views  of  Member  States,  RACs  and  the  Advisory 
Committee for Fisheries and Aquaculture (ACFA) on the approach set out above for 
2011 concerning the Commission's approach to meeting its responsibility to manage 
for sustainability according to the Common Fisheries Policy's objectives.  

However,  stakeholders'  advice  can  only  be  used  by  the  Commission  when  it  is 
developed  using  an  evidence-based  approach  to  sustainable  fishing;  i.e.  data  are 
needed to support stakeholders' advice. 

In  order  that  the  results  of  consultations  can  be  used  in  time,  the  Commission 
requests  that  contributions  concerning  this  Communication  be  finalised  by  1  June 
2010. A discussion at political level with Member States is foreseen to take place at 
the Fisheries Council on the 28-29 June.  

EN 

10 

   EN 

 
ANNEX Ia – Stocks in the North-East Atlantic and adjacent waters 

Table 1. Scientific advice about 
the state of the stock 

No. of fish stocks 

2003

2004

2005

2006

2007

2008  2009  2010 Average 

Outside safe biological limits 

Inside safe biological limits 

30 

12 

29 

10 

26 

14 

26 

11 

26 

12 

28 

13 

27 

12 

22 

15 

27 

12 

The state of the stock is unknown 
due to poor data 

48 

53 

53 

57 

58 

55 

57 

60 

55 

Table 2. Scientific advice about 
overfishing 

The  rate  of  fishing  on  the stock  is 
known  compared 
to  maximum 
sustainable yield rate 

The stock is overfished 

The  stock 
is 
maximum sustainable yield rate 

fished  at 

the 

No. of fish stocks 

2003

2004

2005

2006

2007

2008  2009  2010  Average 

34 

32 

23 

21 

32 

30 

33 

35 

29 

30 

39 

28 

33 

28 

2 

2 

2 

4 

5 

11 

4 

 Table 3. "Emergency" scientific 
advice 

2003

2004

2005

2006

2007

2008  2009  2010 Average 

Scientific advice to stop fishing 

24 

13 

12 

14 

20 

18 

17 

14 

17 

No. of fish stocks 

Table 4. Difference between 
TACs and sustainable catches 

No. of fish stocks 

2003

2004

2005

2006

2007

2008  2009  2010 Average 

Excess  of  TAC  over  sustainable 
catch8 (%) 

46% 49% 59% 47% 45% 51%  48%  34%

47% 

8 

Sustainable  catch  means  the  catch  advised  by  ICES  and  STECF  according  to  the  precautionary 
approach. 

EN 

11 

   EN 

 
  
 
  
  
  
  
  
  
  
 
  
 
  
 
                                                 
Table  5.  Summary  of 
the 
scientific  advice  about  fishing 
opportunities 

Stocks  where  stock  size  and 
fishing mortality can be forecast 

Stocks  where  a  scientific  advice 
concerning  fishing  opportunities  is 
available 

Stocks  where  no  scientific  advice 
is available 

No. of fish stocks 

2003

2004

2005

2006

2007

2008  2009  2010 Average 

40

34

40

31

29

30 

34 

36

34 

59

52

54

65

61

62 

63 

60

60 

31

40

39

29

35

34 

33 

42

35 

EN 

12 

   EN 

 
  
 
ANNEX Ib – Stocks in the Mediterranean Sea 

Table  1  –  Scientific  advice  about 
Mediterranean stocks 

the  state  of 

the 

no.  % 

Outside safe biological limits 

Inside safe biological limits 

The state of the stock is unknown due to poor data 

Total stocks (of 16 species) 

Species classified according to the above criteria 

Other species not included for very poor data 

Species taken into account 

17 

28,3 

25 

41,7 

18 

30,0 

60 

100 

16 

15,7 

86 

84,3 

102  100 

Table  2 
Mediterranean stocks 

-  Scientific  advice  about  overfishing 

for 

the 

no.  % 

The stock is overfished 

The stock is fished at the MSY rate 

The rate of fishing is known compared to MSY rate 

The rate of fishing is unknown compared to MSY rate 

Total stocks (of 16 species) 

Species classified according to criteria 

Other species not included for poor data 

Species taken into account 

25 

54,3 

21 

45,7 

46 

76,7 

14 

23,3 

60 

100 

16 

15,7 

86 

84,3 

102  100 

EN 

13 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
ANNEX II –Fishing Effort  
regulated under multi-annual plans, as reported by Member States to STECF 

s
y
a
d
*
w
k

8000000

7000000

6000000

5000000

4000000

3000000

2000000

1000000

0

2003

2004

Demersal seines ≥ 90 mm

Gillnets ≥ 90 mm

Demersal trawls ≥ 90 mm

Total

2007

2008

2005

2006

years

Figure 1. Regulated fishing effort in the Western Baltic Sea, (ICES subdivision 22 to 24). 

s
y
a
d
*
w
k

9000000

8000000

7000000

6000000

5000000

4000000

3000000

2000000

1000000

0

Gillnets  ≥ 90 mm

Bottom  longlines

Demersal  trawls ≥ 90 mm

Pelagic  trawls ≥ 90 mm

Total

2003

2004

2005

2006

2007

2008

Years

Figure 2. Regulated fishing effort in the Central Baltic Sea (Zones 25 to 28)9. 

s
y
a
d
*
w
k

7000000

6000000

5000000

4000000

3000000

2000000

1000000

0

Beam  trawls  ≥ 80 mm < 120
mm
Demersal  trawls  ≥ 100 mm

Demersal  trawls  ≥ 70 mm <
100 mm
Demersal  trawls  ≥ 16 mm <
32mm
Total

2003

2004

2005

2006

2007

2008

Years

Figure 3 Regulated fishing effort in Kattegat (IIIaS). 

9 

The figures include effort in areas where derogations apply (see Regulation 1268/2009).  

EN 

14 

   EN 

 
 
 
 
                                                 
s
y
a
d
*
w
k

160000000

140000000

120000000

100000000

80000000

60000000

40000000

20000000

0

Beam  trawls  ≥ 120 mm

Beam  trawls  ≥ 80 mm <
120 mm
Demersal  trawls  ≥ 100
mm
Demersal  trawls  ≥ 70 mm
< 100 mm
Gillnets

Total

2003

2004

2005

2006

2007

2008

Years

Figure 4. Regulated fishing effort in North Sea, Skagerrak and Eastern Channel (IV, IIIa and 
VIId). 

s
y
a
d
*
w
k

12000000

10000000

8000000

6000000

4000000

2000000

0

2003

2004

2005

2006

2007

2008

Years

Figure 5. Regulated fishing effort in the Irish Sea (VIIaN). 

25000000

20000000

s
y
a
d
*
w
k

15000000

10000000

5000000

0

Beam  trawls  ≥ 80 mm <
120 mm
Demersal  trawls  ≥ 100
mm
Demersal  trawls  ≥ 70
mm < 100 mm
Total

Demersal  trawls  ≥
100 mm
Demersal  trawls  ≥ 70
mm < 100 mm
Gillnets

Bottom  longlines

Total

2003

2004

2005

2006

2007

2008

Years

Figure 6. Regulated fishing effort in the West of Scotland (VI). 

EN 

15 

   EN 

 
 
 
 
s
y
a
d
*
w
k

6000000

5000000

4000000

3000000

2000000

1000000

0

Beam trawls 
≥ 80 mm
Static nets <
220 mm
Total 

2003

2004

2005

2006

2007

2008

Years

Figure 7. Regulated fishing effort in the Western Channel (VIIe). 

25000000

20000000

s
y
a
d
*
w
k

15000000

10000000

5000000

0

Demersal  trawls ≥ 32mm

Gillnets  ≥ 60mm

Bottom  longlines

Total

2003

2004

2005

2006

2007

2008

Years

Figure 8. Regulated fishing effort in the Iberian-Atlantic Waters (VIIIc IXa).  

EN 

16 

   EN 

 
 
 
ANNEX III - Rules for TACs 

TAC  decisions  must  be  made  on  the  basis  of  scientific  advice,  as  provided  by  STECF  that 
already considers biological, social and economic perspectives. 

Different rules should apply according to the level of risk concerning each stock. Stocks are at 
high risk when they fall below the "precautionary level (Bpa)"- the biomass where the future 
productivity  of  the  stock  risks  becoming  lower  or  when  the  fishing  mortality  rate  is  higher 
than the "precautionary rate" (Fpa). Fishing mortality rate (F) is the annual catch divided by 
the average size of the stock over the year. 

If a stock is smaller than Bpa or is fished at a higher rate than Fpa it is "outside safe biological 
limits", and vice versa. 

Where a TAC covers several species, the rule pertaining to species most at risk applies. 

In the following table, changes with respect to rules used previously are marked in bold. 

Category  Scientific advice 

Action to take in setting TAC 

1 

2 

exploited 

Stock 
the 
maximum  sustainable  yield 
rate. 

at 

Stock  overexploited  compared 
to  maximum  sustainable  yield 
but 
safe  biological 
limits. 

inside 

3 

Stock  outside  safe  biological 
limits 

Aim  to  set  the  TAC  to  the  forecast  catch 
corresponding  to  the  fishing  mortality  that 
will deliver the highest yield in the long term, 
but  do  not  change  the  TAC  by  more  than 
25%. 

Aim to set the TAC to the higher value of (a) 
to the forecast catch corresponding to taking 
the highest yield in the long term10, or (b) the 
catch  corresponding 
the 
fishing  mortality  rate  by  one-quarter  of 
the  difference  between  the  current  fishing 
mortality and the rate that would provide 
the  highest  yield  in  the  long  term,  but  do 
not change the TAC by more than 25%. 

to  reducing 

Aim to set the TAC to the highest value of 
(a)  the  forecast  catch  corresponding  to 
taking  the  highest  yield  in  the  long  term, 
or (b) the catch corresponding to reducing 
the  fishing  mortality  rate  by  the  larger 
value of  

(i) 30% 

(ii)  one  quarter  of  the  difference  between 
the  current  fishing  mortality  and  the  rate 

10 

As measured by the fishing mortality corresponding to a marginal yield of 10% of the marginal yield at 
fishing mortality close to zero (F0.1). 

EN 

17 

   EN 

 
                                                 
4 

5 

6* 

7* 

8* 

9* 

10 

11 

that would provide the highest yield in the 
long term 

but  do  not  reduce  the  TAC  by  more  than 
30%  as  long  as  fishing  mortality  will  not 
increase. 

The TAC  must be set  following the relevant 
plan.  This  category  overrides  other 
categories. 

A provisional TAC is set and will be changed 
when new information is available during the 
year.  

Stock  is  subject  to  long-term 
plan  and  scientists  advise  on 
the  catch  that  corresponds  to 
the plan. 

Stock is short-lived and a one-
year 
be 
provided. 

forecast 

cannot 

State  of  the  stock  not  known 
precisely  and  STECF  advises 
on an appropriate catch level. 

Aim  to  set  the  TAC  according  to  STECF 
advice  but  do  not  change  the  TAC  by  more 
than 15%. 

State  of  the  stock  not  known 
precisely  and  STECF  advises 
to reduce fishing effort. 

The  TAC  should  be  reduced  by  up  to  15% 
and STECF should be asked to advise on the 
appropriate level of effort. 

State  of  the  stock  not  known 
precisely  and  STECF  advises 
the stock is increasing. 

State  of  the  stock  not  known 
precisely  and  STECF  advises 
the stock is decreasing. 

STECF advises a zero catch, a 
reduction 
lowest 
similar 
possible 
advice. 

the 
level  or 

to 

There  is  no  STECF  advice,  or 
the  state  of  the  stock  is  not 
known  precisely  and  STECF 
does not advise on whether the 
or 
is 
stock 
decreasing. 

increasing 

The TAC should be increased by up to 15%. 
No increase in fishing effort §. 

The TAC should be decreased by up to 15%. 

Decrease fishing effort §. 

The TAC should be reduced by at least 25%. 
Recovery  measures  should  be  implemented 
including  effort  reductions  and  introduction 
of more selective fishing gear. 

TACs should be adjusted towards recent real 
catch  levels  but  should  not  be  changed  by 
more  than  15%  per  year  or  Member  States 
should  develop  an  implementation  plan  to 
provide advice within a short time. 

No increase in fishing effort §. 

*  This  rule  may  be  subject  to  changes.  The  Commission  has  requested  ICES  to  advice  on 
possible new options as set out in Annex IV. The final rule to be applied will depend on the 
outcome of that advice. 

§ Where relevant. 

EN 

18 

   EN 

 
ANNEX IV - Request to ICES for categories 6 to 9 

For those stocks, excluding naturally short-lived species, where it is not possible to provide an 
advice based on a catch forecast in relation to precautionary limits, ICES has been requested 
to: 

I) 

advise on a TAC corresponding to the application of the rule below; 

evaluate  the  consequences  of  implementing  the  rule  below  with  respect  to  the 

II) 
precautionary approach and compatibility with maximum sustainable yield; 

III) 
if  necessary,  advise  on  an  alternative  rule  and  the  corresponding  TACs  that  would 
improve compatibility with the precautionary approach, with maximum sustainable yield, or 
with improved stability of TACs. This could be provided on a case-by-case basis. 

Rule: 

Where there is evidence that a stock is overfished with respect to the fishing mortality 
1. 
that  will  deliver  maximum  sustainable  yield  (or  is  depleted  to  a  low  level  compared  with 
historic levels), a reduction in TAC as needed to reach Fmsy, but no greater than 15% would 
apply. 

2. 
Where  there  is  evidence  that  a  stock  is  underfished  with  respect  to  the  fishing 
mortality that will deliver maximum sustainable yield, an increase as needed to reach Fmsy, but 
no greater than 15%, would apply. 

3. 

The considerations in paragraphs 1 and 2 override subsequent paragraphs. 

4. 
Where  abundance  information  either  indicates  no  change  in  stock  abundance,  is  not 
available  or  does  not  adequately  reflect  changes  in  stock  abundance,  an  unchanged  TAC 
would apply. 

Where  ICES  considers  that  representative  stock  abundance  information  exists,  the 

5. 
following rule applies: 

If the average estimated abundance in the last two years exceeds the average estimated 

a. 
abundance in the three preceding years by 20% or more, a 15% increase in TAC applies. 

If the average estimated abundance in the last two years is 20% or more lower than the 

b. 
average estimated abundance in the three preceding years, a 15% decrease in TAC applies. 

Where TACs have not been restrictive, and a reduction is required according to paragraph 1 
or  paragraph  5.b,  ICES  shall  advise  on  an  appropriate  level  of  TAC  reduction  necessary  to 
achieve the intended reduction in catches. ICES shall decide on an appropriate Fmsy proxy in 
each case. 

EN 

19 

   EN