Brussels, 05/01/2015 (Agence Europe) - The regulation bringing into force the requirement to land all catches may not yet have been adopted (the Council and the European Parliament have still to negotiate an agreement) but 1 January 2015 saw the end of discards at sea for certain species and in certain zones, by virtue of the reform of the common fisheries policy.
The European Commission states in a press release that only pelagic fisheries (anchovy, sardine, mackerel, herring), industrial fisheries and fisheries targeting salmon and cod in the Baltic Sea are subject to the landing obligation from 1 January 2015.
For all other fisheries there will be no change this year. Thus, for those fisheries not subject to the landing obligation from 1 January, all catches of below-size fish, exceeding quotas or going beyond the limits permitted by catch-composition rules, must continue to be thrown overboard into the sea.
In those fisheries subject to the landing obligation, catches of all species (whether pelagic or demersal) for which there are quotas (in the Mediterranean, catches that have to meet minimum sizes) must be landed. For example, a vessel fishing for mackerel must also land by-catches of cod.
Exemptions. Catches may still be returned to the sea, even after 1 January 2015, where exemptions are allowed (de minimis exemptions and exemptions for fish that have a higher chance of survival after their return to the sea) set out in the discard plans. These catches will not impinge on quotas but must be recorded in the log book. Regional discard plans providing for these exemptions cover the western waters, the North Sea, the Baltic Sea and the Mediterranean. There are no exemptions for sprat fisheries in the Black Sea.
Pelagic fishermen operating in international waters must also comply with the landing obligation from 1 January 2015. There are two exemptions: 1) fisheries in waters not belonging to the EU where an international agreement (for example, the rules on bluefin tuna) contains an obligation to discard are exempted from the landing requirement; 2) fisheries in third-country waters, where the law of that third country applies. The practice of discarding fish to increase the value of catches (“high-grading”) has been banned.
Catch composition. From 1 January 2015, catches exceeding the limits set by a catch-composition rule must be landed and counted in quotas. If fishermen are subject to the landing requirement, they may land catches exceeding the limits set by the catch-composition rules if they have sufficient quotas to accommodate them.
Should any fisherman find himself in a situation where his catches exceed the catch-composition rules but he does not have a big enough quota, he will have to try to obtain an additional quota from the authorities or lease or buy quotas from another fisherman.
Provisions on by-catches in closed zones. In cases where the closed zone concerns a fishery subject to the landing obligation, by-catches must be landed and counted in quotas. The closures or restrictions will continue to apply and targeting of the protected species will remain prohibited. Closure arrangements are unaffected.
Minimum sizes. Existing minimum landing sizes remain largely the same, apart from Baltic Sea cod and anchovy in south western waters, where minimum conservation reference sizes have been set in the regional discard plans.
Catches of fish that are below the minimum size (fish that are not of the required size) in fisheries subject to the landing obligation must be landed and counted as part of quotas.
Should fish that are not of the required size be recorded and landed separately? The rules that currently apply to fish for the production of fishmeal or oil apply in this case: the fish must be stored, refrigerated or frozen, in standard fish boxes or vats.
Once landed, fish of less than the required size may be sold but not for human consumption.
The landing obligation will be monitored but illegal discarding will not be considered a serious infringement. Fishermen will not be required to fit their vessels with closed circuit television (CCTV) equipment. All catches (including below-size fish) of more than 50 kg must be recorded in the log book. All catches (including below-size fish) must also be recorded in the landing declaration, the transport document and the sales note. All discards of more than 50 kg must be recorded in the fishing logbook. (LC)