Explanatory Memorandum to COM(2003)374 - Measures for the recovery of the Northern hake stock

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dossier COM(2003)374 - Measures for the recovery of the Northern hake stock.
source COM(2003)374 EN
date 27-06-2003
This proposal to establish measures for the recovery of the Northern hake stock follows on from those previously made for cod and Northern hake in December 2001 and 2002. (COM(2001) 724 final and COM (2002) 773 final).

A proposal for the recovery of cod stocks is now being made separately.

The overall objective of the proposal is to ensure the safe recovery of the Northern hake stock to the precautionary stock sizes advised by scientists within a time frame of five to ten years.

The proposal is written as four chapters:

Chapter I sets out which areas will be covered by this proposal and what the lowest Northern hake stock size should be to be in line with the precautionary approach. This chapter remains largely unchanged from the most recent proposal. The area covered is that occupied by the Northern hake stock and comprises Community waters of the North Sea, Skagerrak and Kattegat, West of Scotland, Channel, Irish Sea, Celtic Sea, West of Ireland and Bay of Biscay.

Chapter II sets out what the absolute minimum stock size should be, below which scientists indicate that the stock is in significant danger of total collapse.

The chapter then lays down the guidelines for the setting of the level of Total Allowable Catch (TAC) based on estimations of actual stock sizes by scientists. If this estimated stock size is below the recommended level but above or only slightly below the minimum level then the TAC will be set so as to aim for a 10% increase in stock size in the following year. If however the estimated stock size is well below the minimum level then more severe measures are proposed.

The chapter also sets out the details of the principle that the largest annual change, upwards or downwards, in any TAC from one year to the next should not be greater than 15% after the first year of implementation of a recovery plan.

However, these rules on the setting of TACs will be subject to the condition that the precautionary fishing mortality rates recommended by scientists - i.e. the maximum fishing mortality rate comparable with sustainable exploitation - should not be exceeded. The Commission considers that the breach of these rates would be incompatible with the precautionary approach.

Chapter III contains the Commission's proposals for the management of a fishing effort limitation scheme - i.e. restricting the time that the fishing vessels concerned may spend fishing to correspond with the TAC's. For the Northern hake stock the effort scheme will cover only those areas in which the majority of the stock resides, namely, West of Ireland, Celtic Sea, Bay of Biscay and the western Channel. The Commission considers that in those areas which have been omitted from the Northern hake recovery plan the measures being taken to protect cod will provide sufficient protection for the small quantities of Northern hake found there. These proposals are considerably simplified compared to previous proposals. The system allows Member States and fishermen to manage and allocate fishing effort to individual fishing vessels in a more flexible manner. It ensures effective and proportionate reductions in fishing effort for each Member State and can be effectively monitored and controlled.

In simple terms the system works as follows:

* first the overall historical fishing effort of all vessels catching Northern hake is calculated;

* then the reduction in fishing effort required to match the selected TAC is determined;

* this reduction is distributed across Member States in proportion to how much Northern hake they have landed during the reference period in comparison to the total Community landings.

These effort limits, expressed in kilowatt-days, will be distributed among their vessels by Member States, within the geographical area to which they will apply . The kilowatt-days will be fully transferable and usable within that area at any time throughout the year.

Other features of the system - such as the exact definition of a day absent from port and exemptions from counting days under exceptional circumstances - have also been included, and are based on consultations in relation to the implementation of the interim cod recovery measures put in place in December 2002.

Chapter IV provides for measures in relation to improved monitoring, inspection and control for the vessels covered by the effort management system. These measures include details of prior notification, the requirement to land Northern hake in designated ports and stowage and transport conditions.

This chapter remains largely unchanged from previous proposals although the rules concerning the use of VMS have been removed as they will be addressed in a new Regulation on this issue to be adopted as part of the CFP reform.

Technical conservation measures have not been included in this regulation. A number of technical measures aimed at assisting the recovery of Northern hake stocks have already been included in a proposal from the Commission (COM(2002)672final) intended to modify and replace Council Regulation (850/1998). Further evaluation of technical conservation measures in relation to the recovery of Northern hake is currently underway and the Commission may come forward with proposals at a later date.

The measures implemented by this Regulation for the recovery of the Northern hake stock directly effect those fishing for associated species in relation to the proposed effort limitation scheme. It should be noted that, although no direct reference is made to this in the Regulation, there will also be consequences in relation to the Total Allowable Catches for other species and stocks associated with Northern hake.

This proposal replaces the provisions set out in the revised proposal for a Council Regulation establishing measures for the recovery of cod and Northern hake stocks. (COM(2002) 773 final)