Explanatory Memorandum to COM(2008)240 - Multi-annual plan for the stock of herring distributed to the West of Scotland and the fisheries exploiting that stock - Main contents
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| dossier | COM(2008)240 - Multi-annual plan for the stock of herring distributed to the West of Scotland and the fisheries exploiting that stock. |
|---|---|
| source | COM(2008)240  |
| date | 06-05-2008 |
Grounds for and objectives of the proposal The objective of this proposal is to establish a multi-annual plan for the herring stock to the West of Scotland and the fisheries on that stock so as to ensure that the exploitation of the stock is in conformity with the objective of providing a high yield and sustainable economic, environmental and social conditions. Scientific advice from the Scientific, Technical and Economic Committee for Fisheries (STECF), based on the advice of the International Council for the Exploration of the Sea (ICES) has indicated that the stock could be managed in a way that is consistent with a high and sustainable yield by managing the rate of fishing mortality to 0.25 per year when the size of the stock is greater than 75 000t but at a rate of fishing mortality of 0.2 per year when the size of the stock is below 75 000t but above 50 000t.
General context During the 2002 reform of the Common Fisheries Policy, the Commission and Council agreed to implement progressively multi-annual plans and recovery plans concerning fisheries resources of interest to the Community. Plans have been established concerning most stocks of cod in Community waters, two stocks of hake, two stocks of Nephrops and two stocks of sole. A further plan concerning the stocks of plaice and sole in the North Sea has also been adopted. Also in 2002, the Member States were signatories to the Implementation Plan of the World Summit on Sustainable Development (Johannesburg). That Implementation Plan includes a commitment to exploit fisheries according to maximum sustainable yields. The stock of herring with the largest Community interest is the North Sea herring. This stock has been subject to a multiannual management arrangement established jointly with Norway since 1997. The results have been generally satisfactory, and it is appropriate to establish a similar multi-annual plan governing the exploitation of the stock of herring to the West of Scotland. This intention has been endorsed by the Council Declaration of December 2005 inviting the Commission to come forward with a proposal concerning a multi-annual management plan for the stock of herring in the EC and international waters of Zones Vb and VIb and the northern part of Zone VIa, i.e. the West of Scotland area.
Existing provisions in the area of the proposal Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy, sets the general framework for sustainable exploitation of fisheries resources, and identifies the situations in which the Council shall adopt management plans and recovery plans.
Consistency with the other policies and objectives of the Union The proposal's objective of sustainable development is consistent with the Community's environmental policy, especially the elements of that policy dealing with protecting natural habitats and preserving natural resources.
2) CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT
Consultation of interested parties Consultation methods, main sectors targeted and general profile of respondents The proposal is based on several consultations with Member States as well as representatives for stakeholders in the Pelagic Regional Advisory Committee. The Commission issued a non-paper setting out the main elements relevant to managing the fishery for herring to the West of Scotland to be included in a multi-annual plan. This was presented to the Pelagic Regional Advisory Council on 20 June 2006.
Summary of responses and how they have been taken into account
Collection and use of expertise Scientific/expertise domains concerned ICES and STECF have been requested to provide scientific advice on the long-term management of the fisheries where possible. Such advice was received from ICES in October 2005 and endorsed by STECF in November 2005 concerning long-term management and harvest rules for the West Scotland herring. The proposal is based on the advice received.
Summary of advice received and used Advice concerning the state of the stock in 2007 indicates that the stock is slightly overexploited with respect to maximum sustainable yield. A harvest rule establishing a method for setting TACs for this stock in a way that is consistent with high yields and sustainable exploitation has been recommended by the scientific agencies. The relevant stakeholders' representative body – the Pelagic Regional Advisory Council – has provided the formal opinion that the multi-annual plan should be adopted, subject to certain technical issues.
Means used to make the expert advice publicly available The advice from ICES and STECF is publicly available on their respective websites (www.ices.dk and fishnet.jrc.it/web/stecf ).
Impact assessment The proposed measures would, if implemented, result in more stable TACs for this stock and would allow better forwards planning by the catching sectors concerned. The implementation of the multi-annual plan does not imply radical changes in the fishing mortality rate nor in the annual catches compared to recent levels.
3)
Legal basis The multi-annual plan contains provisions for actions to be taken should the stock fall below 75 000 tonnes. It is appropriate to base the multi-annual plan directly on Article 37 of the Treaty rather than on Article 6 of Council Regulation (EC) No 2371/2002. The wider objectives of the Common Fisheries Policy are defined in Article 2 of the Common Fisheries Policy and include ensuring the exploitation of living aquatic resources that provides sustainable economic, environmental and social conditions.
Subsidiarity principle The proposal falls under the exclusive competence of the Community. The subsidiarity principle therefore does not apply.
Proportionality principle The proposal complies with the proportionality principle for the following reason(s).
The herring stock distributed West of Scotland is exploited by several Member States who retain historic fishing rights. Actions taken by these Member States separately will not be sufficient to guarantee the exploitation of the herring stock in accordance with the objectives of the Common Fishery Policy. Action on Community level is therefore required. The fisheries on herring West of Scotland have until now been managed by total allowable catches supported by technical measures. Advice from scientific agencies, supported by advice from stakeholders, indicates that better management would result from setting total allowable catches in the framework of a multi-annual plan.
4)
The proposal has no implication for the Community budget.
5) ADDITIONAL INFORMATION
Review/revision/sunset clause The proposal includes an Article providing both for review and for revision.
Detailed explanation of the proposal The proposed target fishing mortality rates are based on scientific advice from STECF and ICES and reflect the current biological situation in the West of Scotland area. A revision clause is included in the proposal to ensure that the target fishing mortality rates can be amended if appropriate in the light of new scientific information and advice. The multi-annual plan contains provisions for a review every four years to verify the performance and appropriateness of the management arrangements
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