Joint Recommendation of the Scheveningen Group amending the Discard Plan for Demersal Fisheries in the North Sea and establishing a Discard Plan ...
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Joint Recommendation
of
the Scheveningen Group
amending the Discard Plan for Demersal
Fisheries in the North Sea
and establishing a Discard Plan for small
pelagic fisheries and industrial fisheries in the
North Sea
final version
04.05.2020Index
Introduction: ................................................................................................................................................. 3
A. Generalities ............................................................................................................................................. 3
1. Background ............................................................................................................................................... 3
1.1. Legal background ................................................................................................................................... 3
1.2. Scheveningen High-Level Group ............................................................................................................ 5
1.3. Consultation with relevant Advisory Councils ......................................................................................... 5
1.4. Previously submitted Joint Recommendations ....................................................................................... 6
1.5. Extent of discarding in North Sea Demersal Fisheries ........................................................................... 7
1.6. Pelagic fisheries ..................................................................................................................................... 8
2. Objectives and scope of the discard plan .................................................................................................. 8
2.1. Objectives ............................................................................................................................................... 8
2.2. Scope ..................................................................................................................................................... 9
3. Implementation of the landing obligation ................................................................................................... 9
4. Exemptions .............................................................................................................................................. 10
5.Adaptation of the Joint Recommendation..................................................................................................11
B. Discard Plan for Demersal Fisheries ...................................................................................................11
6.1. Exemptions supported by scientific information already accepted and agreed upon ............................ 11
6.1.2. High survivability exemption for Norway Lobster caught with bottom trawls fitted with a cod-end with
a mesh size of at least 70 mm equipped with a species selective grid with a bar spacing of maximum 35 mm
in ICES divisions 2a, 3a and ICES subarea 4 (Article 3(1) point b 2) of Regulation (EU) No 2019/2238, as
amended by a, still to be published, Regulation (EU) No …/…) ................................................................. 12
6.1.3. High survivability exemption for common sole below minimum conservation reference size with OTB
and cod-end mesh size 80-99mm within six nautical miles of the coast but outside identified nursery areas
in ICES division 4c (Article 4 of Regulation (EU) No 2019/2238) ................................................................ 13
6.1.4. High survivability exemption for by-catch of all species subject to catch limits in pots and fyke nets in
ICES division 3a and ICES subarea 4 (Article 5 of Regulation (EU) No 2019/2238) .................................. 14
6.1.5. High survivability exemption for plaice caught with gill nets and trammel nets and Danish seines in
ICES division 3a and ICES and subarea 4 (Article 6(1)(a) and Article 6(1)(b) of Regulation (EU) No
2019/2238) .................................................................................................................................................. 14
6.1.6. De minimis exemption for common sole in fisheries for common sole by vessels using trammel nets
and gill nets in ICES divisions 2a, 3a and ICES subarea 4 (Article 10 point a) of Regulation (EU) No
2019/2238) .................................................................................................................................................. 15
6.1.7. De minimis exemption for common sole in fisheries for common sole by vessels using beam trawls
(TBB) with mesh size 80-119 mm, equipped with a Flemish panel in ICES subarea 4 (Article 10 point b) of
Regulation (EU) No 2019/2238) .................................................................................................................. 15
6.1.8. Combined de minimis exemption for common sole, haddock, whiting, cod, saithe and hake in fisheries
for Norway lobster by vessels using bottom trawls with a species-selective grid in ICES division 3a (Article
10 point c) of Regulation (EU) No 2019/2238) ............................................................................................ 16
6.1.9. Combined de minimis exemption for common sole, haddock, whiting, cod, plaice, saithe, herring,
Norway pout, great silver smelt and blue whiting in fisheries for Northern prawn by vessels using bottom
trawls with a species-selective grid in ICES division 3a (Article 10 point d) of Regulation (EU) No 2019/2238)
.................................................................................................................................................................... 16
6.1.10. Combined de minimis exemption for whiting and cod in mixed demersal fisheries by vessels using
bottom trawls or seines (TR2) with a mesh size of 70-99 mm (TR2) caught with bottom trawls or seines in
ICES division 4c (Article 10 point e) of Regulation (EU) No 2019/2238)..................................................... 17
6.1.11. De minimis exemption for whiting in fisheries by vessels using bottom trawls with a mesh size of 90-
119 mm equipped with Seltra panel or bottom trawls with a mesh size equal or larger than 120 mm in ICES
division 3a (Article 10 point g) of Regulation (EU) No 2019/2238) .............................................................. 17
6.1.12. In the fisheries of Norway lobster a de minimis exemption for plaice below the minimum conservation
reference size in fisheries by vessels using bottom trawls with a mesh size of 80-99 mm equipped with a
SepNet in ICES subarea 4 (Article 10 point i) of Regulation (EU) No 2019/2238) ...................................... 18
6.1.13. De minimis exemption all species subject to catch limits in fisheries for brown shrimp by vessels
using beam trawls in ICES division 4b and 4c. (Article 10 point j) of Regulation (EU) No 2019/2238) ....... 18
6.1.14 De minimis exemption request for ling (Molva molva) for vessels using bottom trawls (OTB, OTT and
PTB) ≥120mm in the North Sea in ICES subarea 4. (Article 10 point …) of Regulation (EU) No 2019/2238
as amended by Regulation (EU) No 2020/….) (still to be published) .......................................................... 19
6.2. Additional scientific information supporting existing exemptions .......................................................... 20
6.2.1. High survivability exemption for plaice below the minimum conservation reference size caught with
80-119 mm beam trawl gears (BT2) in ICES subarea 4 (beam trawl - Article 7 of Regulation (EU) No
2019/2238) .................................................................................................................................................. 20
6.2.2. High survivability exemption for skates and rays caught by all fishing gears in the North Sea in ICES
division 3a and ICES subarea 4 (Article 9 of Regulation (EU) No 2019/2238) .......................................... 316.3. Additional scientific information for extending to 2021-2023 provisionally applicable exemptions granted in 2020 ............................................................................................................................................ 35 6.3.1. High survivability exemption for Norway lobster caught with bottom trawls with a cod- end larger than 80mm or with a cod-end of at least 35 mm + species selective grid with bar spacing of maximum 19 mm in ICES divisions 2a, 3a and ICES subarea 4 (Article 3(1) point b) (1) and (b)(3) and Article 3(3)of Regulation (EU) No 2019/2238) .................................................................................................................................... 35 6.3.2. High survivability exemption for plaice when targeting flatfish or round fish (Bottom trawls with a mesh size of at least 120mm) in ICES division 3a and ICES subarea 4 (Article 6(1) point c) and Article 6(4) of Regulation (EU) No 2019/2238) .................................................................................................................. 37 6.3.3. High survivability exemption for of plaice caught with trawls with a mesh size of at least 90-99 mm equipped with Seltra panel targeting flatfish or roundfish in ICES division 3a, — plaice caught with trawls with a mesh size of at least 80-99 mm targeting flatfish or roundfish in ICES subarea 4 (Article 6(2) and Article 6(4) of Regulation (EU) No 2019/2238)............................................................................................ 40 6.3.4. High survivability exemption for plaice caught with mesh size 100-119 mm in ICES division 3a and ICES subarea 4 (this is a new request: this concerns an extension of mesh sizes in Article 6(2) of Regulation (EU) No 2019/2238) .................................................................................................................................... 43 6.3.5. High survivability exemption for turbot caught with beam trawls (TBB) with a cod-end equal to or larger than 80mm in ICES subarea 4 (Article 8(1) and 8(2) of Regulation (EU) No 2019/2238) ........................... 44 6.3.6. Combined de minimis exemption for whiting and cod below the minimum conservation reference size by vessels using bottom trawls (OTB, OTT, SDN, SSC )or seines with mesh size 70-99 mm (TR2) in ICES subarea 4a and 4b (Article 10 point f) of Regulation (EU) No 2019/2238) .................................................. 46 6.3.7. De minimis exemption for whiting below the minimum conservation reference size by vessels using beam trawls with mesh size 80-119mm in ICES subarea 4(Article 10 point h) of Regulation (EU) No 2019/2238) .................................................................................................................................................. 48 6.3.8. De minimis exemption for horse mackerel in the demersal mixed fisheries with bottom trawls with a mesh size between 80-99mm (TR2,BT2) in ICES subarea 4 (Article 10 point k) of Regulation (EU) No 2019/2238) .................................................................................................................................................. 52 6.3.9. De minimis exemption for mackerel in the demersal mixed fisheries with bottom trawls with mesh size between 80 and 99mm in ICES subarea 4 (Article 10 point l) of Regulation (EU) No 2019/2238) ............. 53 6.3.10. Combined de minimis exemption (1%) for sprat, sandeel, Norway pout and blue whiting of all species under the landing obligation caught in the demersal mixed fisheries with trawls in ICES division 3a and ICES subarea 4 (Article 10 point m) of Regulation (EU) No 2019/2238) .............................................................. 55 6.3.11. De minimis exemption for ling in the demersal fishery for hake with longlines in ICES subarea 4 (Article 10 point n) of Regulation (EU) No 2019/2238) ................................................................................ 57 6.4. New requests ........................................................................................................................................ 58 6.4.1. High survivability exemption for plaice caught with mesh size 100-119 mm in ICES division 3a and ICES subarea 4 ........................................................................................................................................... 58 6.4.2 De minimis exemption for herring caught with vessels using bottom trawl and seine (OTB, OTT, PTB, TBB, SSC, SPR, SDN, SX, SV) with mesh size of 80-99mm in ICES subarea 4 ....................................... 59 C. Discard Plan for small pelagic fisheries and industrial fisheries ..................................................... 60 7.1. Background .......................................................................................................................................... 60 7.2. Objectives and the scope of the discard plan ....................................................................................... 60 7.2.1.Objectives ........................................................................................................................................... 60 7.2.2. Scope ................................................................................................................................................ 61 7.3. High Survivability and de minimis exemptions ..................................................................................... 62 7.3.1. Exemptions supported by scientific information already accepted and agreed upon for the years 2018- 2019-2020, to be extended for the years 2021-2023 .................................................................................. 63 7.3.1.1. Survivability exemption for catches of mackerel and herring in the purse seine fisheries (art 2 of Regulation (EU) No 1395/2014) .................................................................................................................. 63 7.3.1.2. De minimis exemption for mackerel, horse mackerel, herring and whiting in the pelagic fishery carried out by pelagic trawlers up to 25 meters (art 3a of Regulation (EU) No 1395/2014) ........................ 64 7.3.2. New request ...................................................................................................................................... 65 7.3.2.1.de minimis exemption for blue whiting caught by industrial pelagic trawlers in ICES subarea 4 .... 65 7.4. Documentation of catches under the exemptions (art 4 of Regulation (EU) No 1395/2014)............... 66
Introduction: This Joint recommendation of the Scheveningen Group establishes a Discard Plan for Demersal Fisheries in the North Sea and a Discard Plan for small Pelagic Fisheries and industrial fisheries in the North Sea for the period 2021-2023. It consists of three parts: A. Generalities (point 1 to 5) B. Discard Plan for Demersal Fisheries (point 6) C. Discard Plan for small Pelagic Fisheries and industrial fisheries (point 7) A. Generalities 1. Background 1.1. Legal background One of the main elements of the reform of the Common Fisheries Policy (CFP), introduced by Regulation (EU) No. 1380/2013 (the “Basic Regulation”), is the introduction of a full landing obligation as from 1 January 2019. Article 15(5) of the Basic Regulation provides that details on the implementation of the landing obligation are specified in multiannual plans referred to in Article 9 and 10 of that Regulation and this in accordance with the rules for regional cooperation on conservation measures set out in Article 18. Regulation (EU) No. 2018/973 established a multiannual plan for demersal stocks in the North Sea and the fisheries exploiting those stocks (the “North Sea MAP”). Article 11 of that Regulation provides that for all stocks of species in the North Sea, to which the landing obligation applies under Article 15(1) of the Basic Regulation, the Commission is empowered to adopt delegated acts in accordance with Article 16 of the North Sea MAP and Article 18 of the Basic Regulation in order to supplement the North Sea MAP by specifying details of that obligation as provided for in points (a) to (e) of Article 15(5) of the Basic Regulation. According to Article 14 of the North Sea MAP Scheveningen Group, having a direct management interest may submit a Joint Recommendation (JR) for discard plans. These have to contain details on the implementation of the landing obligation. Upon agreeing a Joint Recommendation, the Scheveningen Group may propose to the Commission to transpose them into a Delegated Act. Regulation (EU) No. 2019/1241 (Technical Measures Regulation) establishes technical measures for the conservation of fisheries resources and the protection of marine ecosystems. It establishes in its Article 15 and corresponding annexes technical measures at regional level. It equally empowers the Commission to adopt
delegated acts in order to amend, supplement, repeal or derogate from those technical measures. These delegated acts shall be adopted on the basis of a Joint Recommendation submitted by the Scheveningen Group, in accordance with Article 18 of Regulation (EU) No 1380/2013. Such Joint Recommendations may be submitted for the purpose of adopting the measures in relation to size-selective and species-selective characteristics of gear, closure or restriction of access to certain areas to protect juveniles and spawning aggregations, adopting measures concerning the minimum conservation reference sizes, to the creation of real-time closures with the aim of ensuring the protection of sensitive species or of aggregations of juveniles, spawning fish or shellfish species, in relation to the use of innovative fishing gear, in relation to the protection of sensitive species and habitats and for the establishment of technical measures in temporary discard plans. The Commission is empowered to adopt Delegated Acts concerning specific provisions regarding fisheries or species covered by the landing obligation, exemptions for high survivability and de minimis provisions on the documentation of catches and the fixing of minimum conservation reference sizes by virtue of Article 16 of the North Sea MAP, Articles 16-22 of the Technical Measures Regulation and in accordance with Article 18 of the Basic Regulation. Currently, details for implementing the landing obligation for certain demersal fisheries in the North Sea are laid down in Commission Delegated Regulation (EU) No. 2019/2238 of 1 October 2019 specifying details of implementation of the landing obligation for certain demersal fisheries in the North Sea for the period 2020-2021. Details for implementing the landing obligation for pelagic species in the North Sea are currently laid down in Commission Delegated Regulation (EU) No. 1395/2014 of 20 October 2014 establishing a discard plan for certain small pelagic fisheries and fisheries for industrial purposes in the North Sea. The pelagic discard plan expires on 31 December 2020. Both Regulations also contain technical measures in demersal and in pelagic fisheries respectively. Members of the Scheveningen Group hereby recommend to integrate these technical measures in a separate Delegated Act to be adopted on basis of Regulation (EU) No. 2019/1241. Those technical measures will be the subject of a separate Joint Recommendation which will also be submitted to the Commission on the first of May 2020. In order to ensure a smooth transition, both Delegated Regulations (the one with the exemptions and the one with the technical measures) should apply from the first of January 2020 on. On the basis of the authority granted to the European Commission by Article 15(6) and 18(1) of the Basic Regulation and Article 11 and 14 of the North Sea MAP to adopt discard plans by means of delegated acts, the Scheveningen Group hereby submit a Joint Recommendation for the replacement of the Commission Delegated Regulation (EU) No. 2019/2238, and the replacement of the Commission Delegated Regulation (EU) No. 1395/2014. It is recommended to merge both the demersal discard plan and the pelagic discard plan into one delegated act with a global discard plan for the North Sea with a validity period of three years, i.e. for the period 2021 to
2023. The Scheveningen Group is convinced that a longer period would, among other
things, gives the Group sufficient time to adequately answer possible STECF
comments.
This Joint Recommendation concerns the specification of details on the
implementation of the landing obligation for demersal species in the North Sea for the
period 2021 to 2023, replacing Regulation (EU) No. 2019/2238. It equally concerns
details on the implementation of the landing obligation for pelagic species in the North
Sea for the period 2021 to 2023, replacing Regulation (EU) No. 1395/2014.
1.2. Scheveningen High-Level Group
Following Article 18 of the Basic Regulation, the Fisheries Directors of the North Sea
Member States cooperating in the Scheveningen Group since 2004, established a
High Level Group (HLG) in December 2013 and agreed on a Memorandum of
Understanding setting out the principles and working methods of the Group. Members
of the Group are Belgium, Denmark, France, Germany, the Netherlands, and
Sweden. The United Kingdom participated until 31 January 2020, the date of
withdrawal of the UK from the EU. An annual chair, with Belgium chairing from 1
January 2020 to 31 December 2020, chairs the group. The HLG is assisted by a
technical group and a control group for discussions of control related issues in the
North Sea.
1.3. Consultation with relevant Advisory Councils
The group acknowledges the importance of a meaningful input from stakeholders in
the process of drawing up the discard plans, especially in relation to identifying
challenges and solutions as well as formulating exemptions, in light of Article 18(2) of
the Basic Regulation.
There has been regular and detailed engagement between the Scheveningen group,
the North Sea Advisory Council (NSAC) and the Pelagic Advisory Council (PELAC)
throughout the development of the Joint Recommendation. In order to have a
continuous consultation during the process, the NSAC and PELAC have been invited
to attend, in part, where physically possible, meetings of the Scheveningen High
Level Group and the Technical Group or as an alternative to participate in written.
On the 17th of March 2020, the Chair of the Scheveningen group received a letter
from the Pelagic Advisory Council with recommendations on the amendment of the
pelagic discard plan in the North Sea. In this letter, the PELAC wanted to reiterate
some previously agreed concerns:
• the creation of a horizontal PELAC subgroup dealing with widely distributed
stocks;
• the introduction of a de minimis exemption for landings of the catches of RSW
vessels;• a monitoring system for the use of the de minimis exemption;
• to clarify the definition of “high risk vessel”.
The PELAC also suggests to have a ‘roll over’ of the current de minimis exemptions
in the new discard plan and also to include control elements of the de minimis
exemptions.
The Scheveningen Group took note of these recommendations, especially of the wish
of the PELAC for a ‘roll over’ of the current de minimis exemptions in the existing
pelagic discard plan that expires on 31 December 2020.
On the 30th of March 2020 a draft of the Joint Recommendation was sent to NSAC
for consultation. The NSAC reached a common position on an advice and comments
on “the implementation of the landing obligation in the North Sea demersal and
pelagic fisheries – Joint Recommendation for a delegated act for 2021.” The NSAC
wrote on 17th April a letter to the Scheveningen Group (Ref.10-1920). In the response
to the discard plan, the focus was laid on the NSAC views and priorities, rather than
detailed comments on the draft JR. The NSAC presented the following comments:
• There should also be an exemption for plaice caught in trawls with mesh sizes
between 100mm and 120mm. At the moment this exemption exists already for
plaice caught in trawls with mesh sizes below 100mm or above 120mm. The
Scheveningen Group agrees with the NSAC and has taken this exemption on
board (see point 6.3.4).
• The Scheveningen Group should consider the inclusion of a de minimis
exemption for herring caught with demersal vessels using bottom trawls and
seine with a mesh seize of 80-99mm in subarea 4.
• The importance of robust documentation of the need of exemptions was
highlighted and the NSAC recognized the challenges by the requirements to
provide additional supporting information to continue certain exemptions.
The Scheveningen group remains committed to working in close cooperation with the
NSAC and the PELAC on implementation of the demersal and pelagic landing
obligation in the North Sea area.
1.4. Previously submitted Joint Recommendations
For the purpose of detailed rules implementing the landing obligation, the Member
States of the North Sea (Scheveningen Group) submitted on 29 May 2019 a Joint
Recommendation for the years 2020 and 2021 for the demersal fisheries in the North
Sea. This Joint Recommendation was revised 3 times before final adoption by the
EC: 24 July 2019, 1 August 2019 and 7 August 2019.
Details of implementation of the landing obligation for certain demersal fisheries in
the North Sea were set out in Commission Delegated Regulation (EU) 2019/2238 of
1 October 2019 (the “North Sea discard plan”) for the period between 2019-2021.Besides, there was an amendment (dated 8 November 2019) concerning the high survival exemption for Norway lobster and the continuation of the de minimis exemption for ling (transmitted to the Commission on 17 December 2019). The North Sea discard plan Regulation (EU) No 2018/2035, Article 9 (k)) provided an exemption from the landing obligation for ling below minimum conservation reference sizes caught in the demersal fisheries by vessels using bottom trawls (OTB, OTT, PTB) with a mesh size equal to or greater than 120 mm in ICES subarea 4. The exemption was granted for the duration of the discard plan, i.e. 2019-2021. By mistake, this exemption was not carried forward in the Delegated Act of the North Sea discard plan for 2020-2021 replacing the Commission’s Delegated Act 2018/2035. Concerning small pelagic fisheries and fisheries for industrial purposes in the North Sea, details of implementation of the landing obligation for the period 2015-2020 were set out by Regulation (EU) No 1395/2014, amended twice, respectively by Regulation (EU) No. 2017/1393 and by Regulation (EU) No. 2018/189. The pelagic discard plan expires on 31/12/2020 and should therefore be replaced by a new one. 1.5. Extent of discarding in North Sea Demersal Fisheries The Scheveningen Group produced a Demersal Discard Atlas in 2014 detailing catch compositions, landings data and discards estimates for 2010-2012. Data were sourced from information reported by individual countries. Information on discards in demersal fisheries (STECF, ICES, NSAC, JRC) suggested that discards in the different fisheries varied significantly from close to 0% up to more than 40% of the average catch in weight before the introduction of the landing obligation. With the phased introduction of the landing obligation since 2015, certain measures to increase selectivity have been introduced, in particular as part of exemptions granted in the framework of discard plans. Unwanted catches became an important issue with the entry into force of the landing obligation, the Scheveningen group developed a choke mitigation tool and undertook an analysis of the choke species allowing an easy identification of potential choke species as a tool for the identification of additional solutions. Similar cases may arise where choke situations are not due to a lack of sufficient quotas but to economic constraints, such as the need for additional crew members for sorting the catch and more frequent returns into ports with the limited storage capacity of the vessel being used for fish of little value and thus affecting the operating range of the fishing vessels and increasing the operational costs in terms of additional steaming time and higher fuel costs. For some vessels, this could endanger the economic viability of their operations. With regard to the recording of catches, the introduction of the code DIM allows the separate recording of discards under de minimis exemptions. However, serious compliance concerns remain, as infringements are extremely difficult to prove. It is therefore very likely that certain discards continue to occur but they vary between
species, fisheries and over time. However, whilst considering possible limitations, the available data has allowed the development of this JR. 1.6. Pelagic fisheries The Joint Recommendations of 2014 and later for pelagic and industrial fisheries were taken as the basis for a new draft recommendation for both the industrial and pelagic fisheries. The discard plan was initially laid down for three years (2015-2016-2017) by Commission delegated Regulation (EU) No. 1395/2014 of 20 October 2014 establishing a discard plan for certain small pelagic fisheries and fisheries for industrial purposes in the North Sea. It has been amended in 2017 introducing technical measures for sprat fisheries in an area along the Danish North Sea coast (Regulation (EU) No 2017/1393). It has been extended for three more years (2018- 2019-2020) on the basis of Regulation (EU) No 2018/189. Regulation (EU) No 2018/189 comes to an end on 31/12/2020 and needs therefore to be renewed. It seemed an opportunity to lay down a general discard plan for demersal and pelagic fisheries. 2. Objectives and scope of the discard plan 2.1. Objectives The discard plan contains provisions for each of the specifications referred to in Article 11 of the North Sea MAP in conjunction with Article 15(5) of the Basic Regulation. It is the position of the Scheveningen Group that increased selectivity, where possible, is the most desirable way to deliver compliance with the landing obligation. The recommendation of exemptions from the landing obligation is based on a thorough, evidence-based process. The de minimis exemptions will be reviewed where appropriate with the objective of reducing and, over time, phasing out these provisions where possible. In reviewing, the Scheveningen Group will take into account experience in the fisheries and the results from scientific and technical trials. The Member States of the North Sea consider it desirable to achieve, where possible, consistency with recommendations for specific discard plans to be submitted by other regional groups in EU waters, especially the North Western Waters and the South Western Waters regional groups. In a joint letter to the Commission (December 2019), signed by the NWW, SWW and North Sea regional group, the groups acknowledged that there were time constraints in 2019 due to the Commission’s end of term, with as a consequence that the working
process for establishing the Joint Recommendation through the summer was very stressful and unsatisfactory for all parties. Although the regional groups indicated in that letter the difficulty to measure up to the new proposed deadline of the 1 May 2020 for submitting a new Joint Recommendation, the Scheveningen Group agrees that all necessary steps must be taken to avoid that the same process as in the last two years will happen again during the preparation of the new JR. Based on lessons learned, the joint efforts of the regional groups and the Commission should ensure even better cooperation in implementing the landing obligation. 2.2. Scope This JR will apply, unless otherwise stated, to demersal fisheries and small pelagic and industrial fisheries subject to catch limits in the North Sea as defined in Article 1(1) of Regulation (EU) No 2018/973 (establishing a multiannual plan for demersal stocks in the North Sea), comprising Union waters of ICES divisions 2a, 3a and ICES subarea 4. This JR will apply to all fishing vessels engaged in the specified demersal and pelagic fisheries in the North Sea without prejudice to rules applicable outside the aforementioned Union waters under Member State jurisdiction, i.e. without prejudice to rules applicable to waters under jurisdiction of third countries. 3. Implementation of the landing obligation In accordance with Article 15(1) (a) and (c) of the Basic Regulation, the Member States of the Scheveningen Group are committed to the full application of the landing obligation for pelagic fisheries and for fisheries for industrial purposes and for demersal and deep-sea fisheries in the North Sea. The Scheveningen Group will pay due respect to the application of the landing obligation, research into survivability and selectivity and any advice from the Advisory Councils before proposing further recommendations for future years. The obligation to land all catches shall not apply in cases for which a specific exemption is recommended as detailed in Part B or part C of this Joint Recommendation. The obligation to land all catches shall also not apply in cases where catches as part of a normal operational procedure is released, e.g. when cleaning the gear by rinsing it in the sea or disposing of debris that builds up in the cod end. The Scheveningen Group recognises the continued importance of addressing the challenges of choke species in 2021-2023 and further on. The Group agrees on the importance of Member States working collaboratively and with the European
Commission and the Advisory Councils on a variety of measures. This includes exploring with the European Commission solutions not currently available to Member States. 4. Exemptions Situations where the landing obligation shall not apply are specified in Article 15(4) of the Basic Regulation. Moreover, taking into account that the Basic Regulation Recital 16 states that the CFP should pay full regard, where relevant, to animal health, animal welfare, food and feed safety and that Article 3, point h) recalls that the CFP shall respect consistency with other Union policies, catches of aquatic animals for which flesh contaminants would exceed the maximum limits set by EU rules for human or animal consumption would also be exempted from the landing obligation. According to food safety prescriptions as set out in Regulation (EC) No 853/2004 of the European Parliament and of the Council as well as in Commission Regulation (EC) No 1881/2006, catches of contaminated fish shall not be kept on board a vessel. This fish has to be disposed directly into the sea. Besides, in line with point c) of Article 15(4) of the Basic Regulation, fish showing damage caused by predators is also not subject to the landing obligation either. In the North Sea discard plan for demersal species for the period 2020-2021 a number of exemptions from the landing obligation were granted for the whole duration of the Delegated Regulation, thus 2021 included. These exemptions are again submitted based on earlier supporting scientific information which was already agreed upon by STECF and accepted as a basis for the granting of the exemption for the whole period until 2021. Other exemptions were granted until 2021 but required Member States having a direct management interest to submit every year additional scientific information supporting the exemption in order for STECF to assess the provided scientific information. Yet other exemptions were limited to 2020. These exemptions are resubmitted with supporting scientific information. Finally, the Scheveningen Group has also identified a new request for an exemption from the landing obligation for demersal species, which the Scheveningen Group submits to the Commission. The North Sea discard plan for small pelagic fisheries and fisheries for industrial purposes is almost a continuation of the existing discard plan for the period 2018- 2019-2020. Nevertheless, the Scheveningen Group has identified a new request for an exemption from the landing obligation for pelagic species, which the Scheveningen Group submit to the Commission. All proposed exemptions in both discard plans are proposed for the period 2021- 2023. The Scheveningen Group proposes to take them on board in one single
delegated act and to take technical measures on board of a separate delegated act
based on the Technical Regulation (Regulation (EU) No 2019/1241). Later on, the
definitions of directed fisheries will be laid down in a 3rd delegated act.
The Scheveningen Group is facing to iterative and increasing requests for information
and data related to approved or extended fisheries specific exemptions from the
landing obligation. Such increasing requests are deemed to facilitate both the
presentation and the review of the exemptions covering various fisheries and species.
However, the Scheveningen Group notes that such requests add a substantial
additional workload to the already heavy work programmes of national research
institutes. If such requests were to become a permanent feature in the preparation of
future discard plans, additional financial resources should be considered in the
framework of the Data Collection Framework. Additionally, in such a case and with a
view to ease the work of the scientists in this respect, ways to facilitate the access of
scientists to fisheries related data should be reflected upon. In some cases, the
general knowledge of the fisheries in the North Sea and common sense should be
considered when evaluating the exemptions requested.
The Scheveningen Group emphasises the need for further developments regarding
selectivity and survivability facilitating the continued development of selective gears
and fisheries.
5. Adaptation of the Joint Recommendation
Taking into account that the application of the landing obligation constitutes a
relatively new regime in the management of fisheries in the EU, and that Joint
Recommendations for specific discard plans are a management tool to address
challenges that this policy implies, in particular with respect to choke species
situations in mixed fisheries, this JR shall remain open to revision and adaptation
throughout its duration. It is considered to be the joint responsibility of the
Commission and Member States to keep oversight of the implementation of the
provisions of the discard plan resulting from this JR and to put into question any
element which may be subject of revision and adaptation at any time.
B. Discard Plan for Demersal Fisheries
6.1. Exemptions supported by scientific information already accepted and
agreed upon
Under this chapter, five high survivability exemptions and nine de minimis exemptions
already agreed upon and granted for the year 2020 and 2021 by respectively Article
3(1) point a), Article 3(1) (b) (2) (after publication of the amending delegated act),
Article 4, Article 5 and Article 6(1) points a) and b) (high survivability exemptions) and
by art 10 points a), b), c), d), e), g), i), j) and o) (after publication of the amending
delegated act) (de minimis exemptions) of delegated Regulation (EU) No 2019/2238,are mentioned. The Scheveningen Group hereby request the Commission to include
them unchanged -except when otherwise mentioned- in the delegated act concerning
the discard plan in the North Sea for 2021-2023, to be adopted in the second half of
2020.
Article 3(4) and article 6(4) of Regulation (EU) No 2019/2238 will be adapted and
under article 10, a new point o) will be added to Regulation (EU) No 2019/2238 by an
upcoming amending delegated act
6.1.1. High survivability exemption for Norway Lobster caught with pots in ICES
division 3a and ICES subarea 4 (Article 3(1) point a) of Regulation (EU) No.
2019/2238)
This point concerns a survivability exemption, as provided for by Article 15(4)(b) of
Regulation (EU) No 1380/2013, for catches of Norway lobster made with pots in ICES
division 3a and ICES subarea 4, based on the scientific evidence which demonstrated
high discard survival rates. That evidence was evaluated in previous years and the
STECF concluded in its 49th plenary meeting report (PLEN-15-02) that the evidence
was sufficient.
This exemption is already accepted for the year 2021 on basis of Article 3(1) point a)
of Regulation (EU) No 2019/2238. Considering that the circumstances have not
changed, that exemption should continue to apply in 2021-2023.
6.1.2. High survivability exemption for Norway Lobster caught with bottom
trawls fitted with a cod-end with a mesh size of at least 70 mm equipped
with a species selective grid with a bar spacing of maximum 35 mm in
ICES divisions 2a, 3a and ICES subarea 4 (Article 3(1) point b 2) of
Regulation (EU) No 2019/2238, as amended by a, still to be published,
Regulation (EU) No …/…)
This point concerns a survivability exemption, as provided for by Article 15(4)(b) of
Regulation (EU) No 1380/2013, for catches of Norway lobster made with bottom
trawls fitted with a cod-end with a mesh size of at least 70 mm equipped with a
species selective grid with a bar spacing of maximum 35 mm in ICES divisions 2a,
3a and ICES subarea 4, based on the scientific evidence which demonstrated high
discard survival rates.
The Scheveningen Group provided updated scientific evidence in 2018 in order to
demonstrate survival rates for Norway lobster caught with bottom trawls fitted with a
cod-end of at least 70 mm and equipped with specific selectivity devices1. STECF
1 https://stecf.jrc.ec.europa.eu/documents/43805/2147402/STECF+PLEN+18-02.pdfpointed out that the supporting scientific information was based on a robust approach
and therefore this exemption was granted until 31 December 2021.
This exemption is already accepted for the year 2021 on basis of Article 3(1) point b)
2) of Regulation (EU) No 2019/2238.
Article 3(3) of Regulation (EU) No 2019/2238 will be adapted by an upcoming
amending delegated act which makes that after this correction being made, Article
3(1) point b 2) will apply until 31 December 2021. This means that the high
survivability exemption for Norway Lobster caught with bottom trawls fitted with a cod-
end with a mesh size of at least 70 mm equipped with a species selective grid with a
bar spacing of maximum 35 mm in ICES divisions 2a, 3a and ICES subarea 4, will
also apply in 2021.
The members of the Scheveningen Group refer to the Joint Recommendation of 8
November 2019, transmitted to the Commission on 17 December 2019 where a
correction in article 3(3) of Regulation (EU) No 2019/2238 (related to Article 3(1) point
b) 2)) was recommended.
This correction that is still to be published in an upcoming amending delegated act,
shall thus be carried over to the discard plan applicable for the period 2021 – 2023.
Considering that the circumstances have not changed, that exemption should
continue to apply in 2021-2023.
6.1.3. High survivability exemption for common sole below minimum
conservation reference size with OTB and cod-end mesh size 80-99mm
within six nautical miles of the coast but outside identified nursery areas
in ICES division 4c (Article 4 of Regulation (EU) No 2019/2238)
This point concerns a survivability exemption as provided for by Article 15(4)(b) of
Regulation (EU) No 1380/2013 for common sole below minimum conservation
reference size caught by trawls within six nautical miles of the coast but outside
identified nursery areas. It concerns catches of common sole (Solea solea) below the
minimum conservation reference size, made using otter trawls (OTB) with a cod-end
mesh size of 80-99 mm in ICES division 4c. Scientific evidence demonstrated high
discard survival rates. That evidence was evaluated in previous years and the STECF
concluded in its 49th plenary meeting report (PLEN-15-02) that the evidence was
sufficient. The STECF pointed out in its 58th plenary meeting report (PLEN-18-02)
that no new information on the location of nursery area was provided.
This exemption is already accepted for the year 2021 on basis of Article 4 of
Regulation (EU) No 2019/2238.
Considering that the circumstances have not changed and since currently there are
no identified nursery areas, the exemption should continue to apply in 2021-2023 and
may be included in the delegated regulation for 2021-2023, but the Scheveningen
Group commit to submit the relevant information as soon as such areas are identified.6.1.4. High survivability exemption for by-catch of all species subject to catch
limits in pots and fyke nets in ICES division 3a and ICES subarea 4 (Article
5 of Regulation (EU) No 2019/2238)
This point concerns a survivability exemption as provided for by Article 15(4)(b) of
Regulation (EU) No 1380/2013 for the by-catch of species subject to catch limits in
the fishery carried out with pots and fyke nets in ICES division 3a and ICES subarea
4, based on the scientific evidence which demonstrated high discard survival rates.
That evidence was evaluated in previous years and the STECF concluded in its 55th
plenary meeting report (PLEN-17-02) that the available data indicates that mortality
of discarded fish is likely to be low, and that the actual catches in the fishery are
negligible.
This exemption is already accepted for the year 2021 on basis of Article 5 of
Regulation (EU) No 2019/2238.
Since the catches are not significant and considering that the circumstances have not
changed, the exemption should continue to apply for 2021-2023.
6.1.5. High survivability exemption for plaice caught with gill nets and trammel
nets and Danish seines in ICES division 3a and ICES and subarea 4
(Article 6(1)(a) and Article 6(1)(b) of Regulation (EU) No 2019/2238)
This point concerns a survivability exemption as provided for by Article 15(4)(b) of
Regulation (EU) No 1380/2013 for plaice in the fishery carried out with gill nets and
trammel nets (GNS, GTR, GTN, GEN) in ICES division 3a and ICES and subarea 4.
The Scheveningen Group provided scientific evidence in order to demonstrate high
discard survival rates for plaice in that fishery. The evidence was submitted to the
STECF which concluded in its 58th plenary meeting report (PLEN-18-02) that
reasonable information was provided showing the considerably high survivability.
That exemption should therefore be continued and be included in the Regulation for
2021-2023.
This point also concerns a survivability exemption as provided for by Article 15(4)(b)
of Regulation (EU) No 1380/2013 for plaice in the fishery carried out with Danish
seines in ICES division 3a and ICES subarea 4. The Scheveningen Group provided
scientific evidence in order to demonstrate high discard survival rates for plaice in
that fishery. The evidence was submitted to the STECF which concluded in its 58th
plenary meeting report (PLEN-18-02) that the data of the study on the survival rates
are reliable, albeit additional measures could be used in order to enhance
survivability, as the decrease of survivability is significant if the sorting time of the
plaice is longer than 30 minutes. Considering that the circumstances have not
changed, that exemption should continue to apply in 2021-2023. That exemption
should therefore be continued and be included in this Regulation for 2021-2023.Those exemptions are already accepted for the year 2021 on basis of Article 6(1)
point a) and b) of Regulation (EU) No 2019/2238. The documentation is resubmitted
in annex 6.1.5.a. and 6.1.5.b.
6.1.6. De minimis exemption for common sole in fisheries for common sole by
vessels using trammel nets and gill nets in ICES divisions 2a, 3a and
ICES subarea 4 (Article 10 point a) of Regulation (EU) No 2019/2238)
This point concerns a de minimis exemption as provided for by Article 15(4)(c) of
Regulation (EU) No 1380/2013 for common sole caught with trammel nets and gill
nets in ICES divisions 2a, 3a and ICES subarea 4.
For this de minimis exemption, the Scheveningen Group already provided supporting
scientific evidence. The STECF in its 49th plenary meeting report (PLEN-15-02)
reviewed that evidence and concluded in its 58th plenary meeting report (PLEN-18-
02) that the documents submitted by the Scheveningen Group contained reasoned
arguments demonstrating that further improvements in selectivity are difficult to
achieve or imply disproportionate costs in handling unwanted catches.
This exemption is already accepted for the year 2021 on basis of Article 10 point a)
of Regulation (EU) No 2019/2238.
Considering that the circumstances have not changed, it is appropriate to continue
this de minimis exemption for 2021-2023.
6.1.7. De minimis exemption for common sole in fisheries for common sole by
vessels using beam trawls (TBB) with mesh size 80-119 mm, equipped
with a Flemish panel in ICES subarea 4 (Article 10 point b) of Regulation
(EU) No 2019/2238)
This point concerns a de minimis exemption for common sole below the minimum
conservation reference size, caught with beam trawls (TBB) of mesh size 80-119 mm
equipped with a Flemish panel in ICES subarea 4.
For this de minimis exemption the Scheveningen Group already provided supporting
scientific evidence. The STECF in its 49th plenary meeting report (PLEN-15-02)
reviewed that evidence and concluded in its 58th plenary meeting report (PLEN-18-
02) that the documents submitted by the Scheveningen Group contained reasoned
arguments demonstrating that further improvements in selectivity are difficult to
achieve or imply disproportionate costs in handling unwanted catches.
By way of derogation from article 15(1) of Regulation (EU) No 1380/2013, a de
minimis quantity of 5% of the total annual catches may be discarded. This exemption
is already accepted for the year 2021 on basis of Article 10 point b) of Regulation
(EU) No 2019/2238.
Considering that the circumstances have not changed, it is appropriate to continue
this de minimis exemption for 2021-2023.6.1.8. Combined de minimis exemption for common sole, haddock, whiting,
cod, saithe and hake in fisheries for Norway lobster by vessels using
bottom trawls with a species-selective grid in ICES division 3a (Article 10
point c) of Regulation (EU) No 2019/2238)
This point concerns a de minimis exemption for combined catches of common sole,
haddock, whiting, cod, saithe and hake below the minimum conservation size in the
fisheries for Norway lobster by vessels using bottom trawls (OTB, OTT, TBN) with a
mesh size equal to or larger than 70 mm equipped with a species-selective grid with
a bar spacing of maximum 35 mm in ICES division 3a.
For this de minimis exemption the Scheveningen Group already provided supporting
scientific evidence. The STECF in its 49th plenary meeting report (PLEN-15-02)
reviewed that evidence and concluded in its 58th plenary meeting report (PLEN-18-
02) that the documents submitted by the Scheveningen Group contained reasoned
arguments demonstrating that further improvements in selectivity are difficult to
achieve or imply disproportionate costs in handling unwanted catches.
This exemption is already accepted for the year 2021 on basis of Article 10 point c)
of Regulation (EU) No 2019/2238.
Considering that the circumstances have not changed, it is appropriate to continue
this de minimis exemption for 2021-2023.
6.1.9. Combined de minimis exemption for common sole, haddock, whiting,
cod, plaice, saithe, herring, Norway pout, great silver smelt and blue
whiting in fisheries for Northern prawn by vessels using bottom trawls
with a species-selective grid in ICES division 3a (Article 10 point d) of
Regulation (EU) No 2019/2238)
This point concerns a de minimis exemption for combined catches below MCRS for
common sole, haddock, whiting, cod, saithe, plaice, herring as well as for catches for
Norway pout, greater silver smelt (Argentina spp.) and blue whiting in the fishery for
Northern prawn by vessels using bottom trawls (OTB, OTT) with a mesh size equal
to or larger than 35 mm equipped with a species-selective grid with a bar spacing of
maximum 19 mm, and with unblocked fish outlet, in the Union waters of ICES division
3a.
For the above named species that does not have an MCRS (Norway pout, great silver
smelt, blue whiting) exemptions apply to all sizes.
For this de minimis exemption the Scheveningen Group already provided supporting
scientific evidence. The STECF in its 49th plenary meeting report (PLEN-15-02)
reviewed that evidence and concluded in its 58th plenary meeting report (PLEN-18-02) that the documents submitted by the Scheveningen Group contained reasoned
arguments demonstrating that further improvements in selectivity are difficult to
achieve or imply disproportionate costs in handling unwanted catches.
This exemption is already accepted for the year 2021 on basis of Article 10 point d)
of Regulation (EU) No 2019/2238.
Considering that the circumstances have not changed, it is appropriate to continue
this de minimis exemption for 2021-2023.
6.1.10. Combined de minimis exemption for whiting and cod in mixed demersal
fisheries by vessels using bottom trawls or seines (TR2) with a mesh
size of 70-99 mm (TR2) caught with bottom trawls or seines in ICES
division 4c (Article 10 point e) of Regulation (EU) No 2019/2238)
This point concerns a de minimis exemptions for whiting and cod below the minimum
conservation reference size in mixed demersal fisheries by vessels using bottom
trawls or seines with a mesh size of 70-99 mm (TR2) in ICES division 4c.
For this de minimis exemption the Scheveningen Group already provided supporting
scientific evidence. The STECF in its 49th plenary meeting report (PLEN-15-02)
reviewed that evidence and concluded in its 58th plenary meeting report (PLEN-18-
02) that the documents submitted by the Scheveningen Group contained reasoned
arguments demonstrating that further improvements in selectivity are difficult to
achieve or imply disproportionate costs in handling unwanted catches.
This exemption is already accepted for the year 2021 on basis of Article 10 point e)
of Regulation (EU) No. 2019/2238.
Considering that the circumstances have not changed, it is appropriate to continue
this de minimis exemption for 2021-2023.
6.1.11. De minimis exemption for whiting in fisheries by vessels using bottom
trawls with a mesh size of 90-119 mm equipped with Seltra panel or
bottom trawls with a mesh size equal or larger than 120 mm in ICES
division 3a (Article 10 point g) of Regulation (EU) No 2019/2238)
This point concerns a de minimis exemption for whiting below the minimum
conservation reference size in fisheries with bottom trawls with a mesh size of 90-119
mm equipped with Seltra panel or bottom trawls with a mesh size equal or larger than
120 mm in ICES division 3a. Two different kinds of Seltra panels are allowed in 3a,
and the exemption applies to both.
For this de minimis exemption the Scheveningen Group already provided supporting
scientific evidence. The STECF in its 49th plenary meeting report (PLEN-15-02)
reviewed that evidence and concluded in its 58th plenary meeting report (PLEN-18-
02) that the documents submitted by the Scheveningen Group contained reasonedarguments demonstrating that further improvements in selectivity are difficult to
achieve or imply disproportionate costs in handling unwanted catches.
This exemption is already accepted for the year 2021 on basis of Article 10 point g)
of Regulation (EU) No. 2019/2238.
Considering that the circumstances have not changed, it is appropriate to continue
this de minimis exemption for 2021-2023.
6.1.12. In the fisheries of Norway lobster a de minimis exemption for plaice
below the minimum conservation reference size in fisheries by vessels
using bottom trawls with a mesh size of 80-99 mm equipped with a
SepNet in ICES subarea 4 (Article 10 point i) of Regulation (EU) No
2019/2238)
This point concerns a de minimis exemption for plaice below the minimum
conservation reference size in the fisheries for Norway lobster caught with bottom
trawls with a mesh size of 80-99 mm equipped with a SepNet in ICES subarea 4.
For this de minimis exemption the Scheveningen Group already provided supporting
scientific evidence. The STECF in its 49th plenary meeting report (PLEN-15-02)
reviewed that evidence and concluded in its 58th plenary meeting report (PLEN-18-
02) that the documents submitted by the Scheveningen Group contained reasoned
arguments demonstrating that further improvements in selectivity are difficult to
achieve or imply disproportionate costs in handling unwanted catches.
This exemption is already accepted for the year 2021 on basis of Article 10 point i) of
Regulation (EU) No 2019/2238.
Considering that the circumstances have not changed, it is appropriate to continue
this de minimis exemption for 2021-2023.
6.1.13. De minimis exemption all species subject to catch limits in fisheries for
brown shrimp by vessels using beam trawls in ICES division 4b and 4c.
(Article 10 point j) of Regulation (EU) No 2019/2238)
This point concerns a de minimis exemption for all species subject to catch limits in
the fisheries for brown shrimp caught with beam trawls in ICES divisions 4b and 4c.
For this de minimis exemption the Scheveningen Group already provided supporting
scientific evidence. The STECF in its 49th plenary meeting report (PLEN-15-02)
reviewed that evidence and concluded in its 58th plenary meeting report (PLEN-18-
02) that the documents submitted by the Scheveningen Group contained reasoned
arguments demonstrating that further improvements in selectivity are difficult to
achieve or imply disproportionate costs in handling unwanted catches.
This exemption is already accepted for the year 2021 on the basis of Article 10 point
j) of Regulation (EU) No 2019/2238. In application of Article 15(5)(c)(ii) the allowed
discard percentage should be 6% in 2021 and 2022 and 5% in 2023.You can also read
