FLF, Alm.del - 2011-12 - Bilag 327: Orientering om EU-Norge aftale om udsmidsforbud i Skagerrak, fra fødevareministeren

A European Union Delegation, headed by Mr John SPENCER, and a NorwegianDelegation, headed by Ms Ann Kristin WESTBERG, met in Copenhagen on 25 and26 April 2012, and in Brussels on 22 to 24 May 2012 to consult on theimplementation of a discard ban and control measures in the Skagerrak area. Thesemeetings were complemented by exchanges of correspondence between theDelegations on the remaining outstanding issues over recent weeks.For the purpose of this Agreed Record, the Skagerrak is defined as the area boundedon the west by a straight line running through the Hanstholm lighthouse and theLindesnes lighthouse, and on the south by a straight line running through the Skagenlighthouse and the Tistlarna lighthouse.The Delegations emphasised that the measures outlined in this agreement only applyto the Skagerrak, and that the measures will be without prejudice to any futurearrangements in other areas.The Norwegian Delegation recalled the Joint Ministerial Declaration of23 November 2011 by the Ministers responsible for fisheries in Denmark, Norwayand Sweden, namely, Mette Gjerskov, Lisbeth Berg-Hansen and Eskil Erlandsson,regarding the introduction of a ban on discards of fish in the Skagerrak, with effectfrom at the latest 1 January 2013, and underlined that this was an important steptowards more sustainable fisheries in this area.The Delegations recalled that, in line with the Agreed Record of Conclusions ofFisheries Consultations between Norway and the European Union on the regulationof fisheries in Skagerrak and Kattegat for 2012 of 2 December 2011, a WorkingGroup was set up to give recommendations on appropriate control and enforcementmeasures and to develop a procedure for implementing a discard ban in theSkagerrak.The Heads of Delegations agreed to recommend to their respective authorities thearrangements for the implementation of a discard ban and control measures inSkagerrak as outlined in this Agreed Record, including the Annexes.The Delegations noted that the Report of this Working Group dated 30 March 2012had made recommendations on control and enforcement measures and on certainmeasures for the implementation of a discard ban in the Skagerrak. The Delegationsconsidered the recommendations in the report and agreed to the measures set out inAnnex I and II.

The Delegations agreed that the discard ban should be implemented species byspecies. However, species or specific fisheries could be exempted from the discardban at a later stage based on the experience gained during the implementation of thediscard ban and/or based on scientific evidence of the survivability of discarded fish.Furthermore, the Delegations recalled that they agreed to introduce harmonisedtechnical measures to be applied in the Skagerrak, cf. the Agreed Record ofConclusions of Fisheries Consultations between Norway and the European Union onthe regulation of fisheries in Skagerrak and Kattegat for 2012. The Delegationsagreed that these measures should enter into force no later than 1 January 2013.

10. The Delegations recognised that a discard ban will constitute a radical departurefrom current fishing practices for the EU fleets, which will require considerableadjustment for the fishermen concerned. The successful implementation should leadto a significant improvement in the stocks, but needs to be flexible and adaptable.11. The Delegations agreed on the importance of an effective monitoring and control ofthe discard ban. To this end, it was agreed that effective control measures should beintroduced or existing control measures should be reinforced by the Parties, toensure equally effective compliance by the vessels of both Parties.12. The Delegations agreed that they would establish separate discard monitoringprogrammes or systems to estimate continued discard levels in the Skagerrak, inorder to strengthen the enforcement of the discard ban; refine supporting measuresor introduce additional measures, and improve the quality of the data available forscientific assessments of stocks.13. The Delegations recognised that there are differences in their respective controlsystems, and agreed that harmonising them would not be feasible. However, there isa need to reinforce cooperation and contact between the control services, in order toincrease the effectiveness of the control. Therefore, the Delegations agreed torecommend setting up a Skagerrak Working Group on Monitoring, Control andSurveillance (MCS). The Skagerrak Working Group should be represented by MCSpractitioners. The Terms of Reference of the Skagerrak Working Group would be asfollows:Develop and follow up mechanisms for the inspection services to cooperate, toexchange inspectors, establish joint operations and participate in training andworkshops.Consider risk-based inspection planning and procedures for assessing suchinspections.Establish procedures for mutual assistance for control purposes.

15. The Delegations recognised that such fundamental change in the managementsystem will justify increased TAC levels. Such increases should be guided byscientific advice from ICES. To this end, the Delegations agreed to submit to ICESthe joint request set out in Annex IV.16. The Delegations agreed that a degree of inter-annual quota flexibility wouldfacilitate the operation of a discard ban. This would be especially important duringthe early stages of the ban, when the industry will need to adjust its activities to meetthe requirements of the new regime. The Delegations agreed that the level of theinter-annual quota flexibility should be fixed at 10 %. However, they agreed that thelevel of flexibility should be higher the first year and be gradually reducedthereafter. The Delegations therefore agreed to recommend that an inter-annualflexibility of 20 % should be allowed from 1 January 2013, 15 % the following yearand 10 % after that. The inter-annual flexibility scheme for the Skagerrak is outlinedin Annex V.17. The Delegations agreed that vessels should have adequate quota to cover expectedcatch composition when fishing in Skagerrak.18. The Norwegian Delegation agreed to conduct a small trial programme with CCTVin Skagerrak during 2013.

ANNEXIPROCEDURE FOR IMPLEMENTING A DISCARD BAN IN THESKAGERRAKThe Delegations agreed to the following procedure for implementing a discard ban tobe applied in the Skagerrak:1) The discard ban should be implemented in two steps. The first step should beintroduced from 1 January 2013. The second step should be introduced no laterthan 1 January 2015.2) All individuals of the species covered by the discard ban should be landed.3) All catches by vessels using mesh size of less than 32mm should be landedirrespective of species.4) Fisheries using pots and traps should be exempted from the discard ban5) The species to be included in the first step of the discard ban should be as follows:Cod (Gadus morhua)Haddock (Melanogrammus aeglefinus)Herring (Clupea harengus)Mackerel (Scomber scombrus)Pandalus Borealis (Pandalus borealis)Saithe (Pollachius virens)Sprat (Sprattus sprattus)Whiting (Merlangius merlangus)Hake (Merluccius merluccius)Ling (Molva molva)Monkfish (Lophius piscatorius)Pollack (Pollachius pollachius)Grenadier (Coryphaenoides rupestris)Blue ling (Molva dypterygia)Tusk (Brosme brosme)

ANNEXIICONTROL MEASURES TO BE APPLIED IN THESKAGERRAKThe Delegations agreed to introduce the following control measures to be applied inthe waters of the Parties outside 4 nautical miles of the baselines in the Skagerrak.Notification and licensing of fishing vessels operating in the Skagerrak1.6The scope of the existing electronic licensing systems used between Norwayand the EU for other areas than Skagerrak should be adapted to coverNorwegian and EU vessels fishing in each other waters in the Skagerrak. Thecontent of the notification and licensing shall be established by the MCSworking group as referred to in point 14 of this Agreed Record.Vessel Monitoring System (VMS)1.7All fishing vessel 12 metres overall length and more shall be equipped with aVessel Monitoring System (VMS) as described in the Agreed Record ofconclusions between the European Community and Norway on issues related tosatellite tracking of fishing vessels signed 18 December 2008.The tracking frequency shall be on a half hourly basis and the position reportsshall be transmitted without delay and based on a preceding tracking on an halfhourly basis.Permanent exchange of VMS position reports of vessels operating in theSkagerrak and equipped with VMS. cf. point 2.1 shall be maintained.

Electronic reporting of catch and activity data (ERS)1.5Exchange of electronic catch and activity data and prior notification data for allvessels above 12 metres as described in the Agreed Record between Norwayand the European Union on electronic exchange of catch and activity datasigned 14 November 2011, or any subsequent amendment thereof. However,notwithstanding that, the master of a vessel entering a port of the other Partyshall send the prior notification, at the latest, two hours before entering the port.

ANNEXIVJOINTREQUEST TOICESThe European Union and Norway have agreed that a discard ban should beimplemented in the Skagerrak (Division III a N) from 1 January 2013. It has also beenagreed that new technical measures should be implemented.The technical measures to be implemented are:a) Pandalus fisheries1. No change to the current cod end minimum size of 35 mm.2. Mandatory use of a sorting grid with a maximum bar spacing of 19mm.3. Allowing use of a fish retention device provided that there is adequate fishingopportunities to cover by-catch and that the retention device is:a. Constructed with a top panel of a minimum mesh size of 120 mmsquare mesh;b. A minimum of 3 meters in length.c. At least as wide as the width of the sorting grid.b) Directed Nephrops fisheriesMandatory use of sorting grid (35mm bar spacing) together with a squaremesh cod end with a minimum mesh size of 70 mm.c) Mixed demersal trawl and seine and Mixed Nephrops/demersal fisheries1. The basic cod end minimum mesh size for these fisheries should be 120 mmdiamond mesh.2. Allowing a derogation with the use of a 90 mm cod end together with a squaremesh panel of 140 mm or a diamond mesh panel of 270 mm where in bothcases the panel is:a. A minimum of 3 metres in length.b. The panel should be positioned no more than 4 metres from the codline.c. Be the full width of the top sheet of the trawl (i.e. from selvedge toselvedge): andd. In the Case of the diamond mesh, the panel be placed in a four panelsection and mounted with a joining ration of 3 meshes of 90 mm to 1mesh of 270 mm.The European Union and Norway have agreed that, for those species (stocks) where adiscard ban is implemented, all catches should be accounted against the quotasconcerned. This means that the quota set for the stocks concerned should reflect thetotal catch and not only the landings.

In addition to the implementation of a discard ban for cod, haddock, whiting, saithe,herring, mackerel,Pandalus borealis,sprat, hake, ling, monkfish, pollack, blue ling,tusk and grenadier, a decrease in the EU minimum landing size for Nephrops isenvisaged.ICES is requested to advise on:1. The estimated discard rates in weight by stock of cod, haddock, whiting, saithe,herring, mackerel,Pandalus borealis,sprat, hake, ling, blue ling, tusk andgrenadier in the Skagerrak in 2012 and in 2013 taking into account the newtechnical measures and the obligation to land all catches that will be introducedfrom 1 January 2013.2. The proportions of the EU catches of Nephrops in the Skagerrak above and belowminimum landing size expected in 2012, and would be expected in 2013, if theabove mentioned technical measures are implemented and the EU minimumlanding size was i) unchanged or ii) 110 mm or iii) 100, or iv) 85 mm.

Each Party may transfer to the following year unutilised quantities of up to10% of the quota allocated to it. The quantity transferred shall be in additionto the quota allocated to the Party concerned in the following year. Thisquantity cannot be transferred further to the quotas for subsequent years.Each Party may authorise fishing by its vessels of up to 10% beyond the quotaallocated. All quantities fished beyond the allocated quota for one year shallbe deducted from the Party’s quota allocated for the following year.If the uptake on an annual quota is exceeded by more than 10%, there shouldbe a penalty resulting in a reduction of the Party’s following year annual quotaby more than 10%.Complete catch statistics for those species subject to a discard ban and quotasfor the previous year should be made available to the other Party no later than1 April. The Parties will provide information regarding catches and quotas inthe format as set out below. The Delegations agreed that in order to ensuretransparency in the operation of inter-annual quota flexibility, more detailedinformation on catch utilisation shall be exchanged.This scheme should be reviewed no later than 2016.By way of derogation, the percentage limit mentioned in point 1 to 3 aboveshall be fixed at 20 % for the first year of operation of the discard ban and at15 % for the second year.