Explanatory Memorandum to COM(2003)589 - Management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea - Main contents
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| dossier | COM(2003)589 - Management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea. |
|---|---|
| source | COM(2003)589  |
| date | 09-10-2003 |
The poor state of several Mediterranean fish stocks and the inadequacy of the current exploitation pattern to secure sustainable fisheries have been repeatedly pointed out by the scientific community. Overall production and catch rates have been steadily decreasing, despite the increase in fishing effort, as compared with yields obtained 20 or more years ago. For example, in some of the most productive areas such as the Adriatic and the strait of Sicily, overall catch rates per unit of effort have diminished by more than 60%. In the case of scallop, catch rates have been reduced by more than 90%. Analogous examples are available for other areas and resources.
This reduction of yield has occurred even taking into account the reduction of discards: the amount of fish discarded has decreased substantially because of the diminution of the formerly abundant stocks, which have made it more profitable to land species and size categories that were usually discarded in the past.
The low level of the spawning stock biomass is of concern for several important stocks. The protection of juvenile fish is fundamental to secure both the production potential of stocks and a safety level of adults in the populations. This can be achieved both by improving selectivity of fishing methods and by the protection of nursery areas.
Mediterranean fisheries are now exploiting, by simultaneous or consecutive use of several fishing practices, all the fish and fishing grounds available down to a depth of more than 800 metres. The gradual extension of fishing activities to off-shore fishing grounds, exploiting either new stocks or new parts of already over-harvested stocks, have assured the potential for growth of Mediterranean fisheries until the recent past.
Exploitation of deeper fishing grounds calls for a more cautious approach, however, because of the low productivity of such biological systems, which makes deepwater fish more vulnerable to fishing, and the presence of important but not yet well identified habitats.
Contents
- II. Commission Action Plan for the conservation and sustainable exploitation of Mediterranean fisheries resources
- III. Structure and content of the proposal Regulation
- Structure of the proposal
- Chapter I: scope and definition
- Chapter II: Protected species and habitats
- Chapter III. Protected areas
- Chapter IV: Restrictions concerning fishing gears
- Chapter V. Minimum sizes of marine organisms
- Chapter VI. Non-commercial fishing
- Chapter VII. Management plans
- Chapter VIII. Control measures
- Chapter IX. Highly migratory species
- Chapter X. Provisions for the water around Malta
- ChapterXI. Final provision
- IV. Additional national measures
- V. Stakeholder consultations
II. Commission Action Plan for the conservation and sustainable exploitation of Mediterranean fisheries resources
In the context of the reform of the Common Fisheries Policy, the Commission adopted a Communication to the Council and the European Parliament laying down a Community action plan for the conservation and sustainable exploitation of fishery resources in the Mediterranean Sea under the Common Fisheries Policy (COM(2002) 535 final of 9 October 2002). In this action plan, the Commission outlined the main elements of the future Mediterranean fisheries policy, with a special emphasis on conservation policy.
The Action Plan underlined the Mediterranean specificity. Such specificity means that, although the objectives of Community fisheries management as laid down in Council Regulation (EC) n° 2371/2002 must be the same for the Mediterranean as for other Community areas, the instruments to achieve such objectives must be adapted to the specificity of Mediterranean fisheries, both to take into account the different biological, geographical and legal situations in this region, and to build on the experience and practices of fishermen's organisations.
The Council adopted conclusions on this Action Plan in December 2002. The European Economic and Social Committee adopted its opinion on 26 March 2003. The European Parliament adopted its resolution on 19 June 2003. These conclusions largely endorse the Commission's approach while stressing differently some points.
Two elements of the Action Plan are of particular importance: i the updating of the technical measures regulation applicable to the Mediterranean (Regulation 1626/94) and the introduction of Community fishing effort management in the area, and i the discussion on the possible extension of fisheries jurisdiction by Community Member States in the Mediterranean, if possible as part of a broader multilateral initiative involving the other coastal states of the region. This proposal concerns the first of these two objectives. The second will be the subject of a diplomatic conference convened by the Community for November 2003 in Venice.
This proposal revises and replaces the measures laid down in Regulation 1626/94 while maintaining some of its elements that are widely accepted by the Mediterranean fisheries stakeholders and public opinion. The proposal takes into account recommendations and/or opinions expressed by the Scientific, Technical and Economic Committee for Fisheries of the European Commission (STECF), by the FAO General Fisheries Commission for the Mediterranean (GFCM) and by the International Commission for the Conservation of Atlantic Tunas (ICCAT), as well as by the Member States in their proposals for specific recovery plans. But it also adds some significant new elements drawn to the attention of the Commission by the stakeholders both during the regional workshops and by correspondence.
The proposal, in particular:
- introduces new technical measures to improve the selectivity of the current 40 mm mesh size for towed nets, without immediate increasing of the mesh size, and puts forward a two-stage approach towards increasing the minimum mesh size to 60 mm over the next six years;
- strengthens the current ban on the use of towed gears in coastal areas;
- limits the overall sizes of certain fishing gears that affect fishing effort;
- introduces a procedure for establishing temporary or permanent closures of areas to specific fishing methods, either in Community or international waters;
- provides for the adoption in the Mediterranean area of management plans combining the use of effort management with technical measures;
- introduces provisions to ensure that leisure fishing is conducted in a way that reduces interference with professional fishing and does not jeopardize the sustainability of certain resources;
- delegates powers to Member States to regulate, in their territorial waters and under certain conditions, fishing activities that do not have any significant Community dimension or environmental impact, including certain local fisheries currently authorised under Community law.
The proposal also introduces conservation measures in the 25-mile management zone around Malta in accordance with the guidelines fixed in the Treaty of Accession to the European Union 2003.
The proposal comprises the following sections.
This section sets out the geographical scope of the Regulation and defines some technical terms.
This part of the proposal incorporates into the common fisheries policy the protection of certain marine species provided for in various international conventions and provides for the protection of sea-grass beds from certain fishing gears.
Protected areas in which certain types of fishing are banned or restricted are considered a potentially effective instrument to protect juveniles of a number of species and the marine environment. This part of the proposal establishes a procedure to set up such areas. It is also proposed that Member States may establish such areas within their territorial waters, subject to notification requirements and review by the Commission.
This part of the proposal sets out conditions for the use of fishing gears, with the aim of prohibiting or limiting the activity of gears that may have negative effects on the marine environment, as well as ensuring minimum conditions of selectivity for authorised gear, to protect juvenile fish and reduce discarding.
A fundamental aim of the proposal is gradually to increase the current mesh size of bottom trawl to 60 mm (from 40 mm today). This will improve size selectivity and secure higher yields and a higher probability that juveniles will enter the adult population and contribute to the replenishment of stocks. It is proposed that this process be achieved in stages, by an increase to 50 mm before the end of 2005 and to 60 mm before the end of 2008. Other short-term actions, such as closed areas and limitation of fishing effort, should help to increase the size of both fish stocks and individual fish which will reduce the short-term impact on yields of a future increase in mesh size.
The selectivity of trawl fishing gears is also determined by the rigging of the gear. The authorised devices to be attached to trawl nets, as laid down in the Regulation N° 3440/84, need to be complemented with measures on the rigging of the trawl nets to take into consideration the development of fishing technology.
The proposal contains rules on the maximum dimension of certain fishing gear in order to put a ceiling on fishing effort.
Protecting coastal areas from trawling remains a fundamental objective, both in terms of the protection of nursery grounds of juvenile fish and the preservation of sensitive habitats. For this reason, Community rules are proposed on the minimal distance from the coast at which certain gears may be used.
Mediterranean fisheries exploit all the life stages of several species. The establishment of minimum landing sizes remains an essential means of allowing juveniles to mature and to reproduce.
Hermaphroditic species are particularly vulnerable to excessive and size unselective exploitation. Some of them, very important to sustain local fishing communities, are reported to have collapsed or be on the verge of collapse. It is therefore important to establish the minimum landing size for these resources, even though most of them are mainly caught in coastal fisheries.
On hake, a stepwise approach is proposed. A temporary reduction of the landing size to 15 cm is proposed, on the basis of its better correspondence with the selectivity of the current 40mm mesh, pursuant changes in the rigging of the fishing gear, and the proposed 50mm mesh size. When the mesh is increased to 60 mm (from 2009), a minimum landing size of 20cm, corresponding to the selectivity of that mesh, should be implemented.
Recommendation 2002/1 of GFCM and opinion of the STECF stipulate that small pelagic stocks should be harvested after first maturity. In the light of these advice, the minimum landing size for anchovy has been revised while a new one for sardine has been incorporated.
This chapter deals with the need to establish limits on leisure fishing, in order to ensure that this activity does not interfere with commercial fishing or undermine the sustainable exploitation of stocks. Leisure fishing should also contribute data on highly migratory species such as bluefin tuna, swordfish and large pelagic sharks.
The multiple-species nature of many Mediterranean fisheries, together with technical interactions between fishing practices, call for the adoption of integrated management systems at Community level when appropriate. These plans may be suggested by Member States or by a Regional Advisory Council and will be adopted by the Council on a proposal from the Commission.
Although the Commission proposes that management of coastal fisheries exploiting not shared stocks should be largely delegated to the Member States, the latter are required to implement management plans by the end of 2004 in respect of non-trawl fisheries conducted within their territorial waters.
This chapter proposes rules aimed at improving enforcement and the control of Mediterranean fisheries such as designated port and a lower minimum quantity for recording catches in logbooks.
Council Regulation (EC) n° 973/2001 abolished the former Community minimum landing size of 120 cm for swordfish, with a view to setting a new minimum landing size compatible both with size of reproduction and with the current exploitation pattern. ICCAT has not, however, adopted a recommendation on this issue. As the Community accounts for more than 75% of the catches of this species in the Mediterranean, it is appropriate to introduce a new Community minimum size, as well as longline specifications to match this limit and a four- month fishing ban, from the beginning of October to the end of January, for longliners targeting certain highly migratory species in order to reduce substantially catches of juvenile swordfish.
Substantial activity of driftnets illegally catching highly migratory species has been recorded in recent years, despite the implementation of Council Regulation n° 1239/98. To counteract this trend, a ban on catching certain highly migratory species by bottom-set nets and anchored floating nets is proposed. Furthermore, a limitation in the size of combined bottom-set nets together a specification of twine thickness is also proposed. Both rules, while not affecting yields of species commonly targeted by small-scale fisheries, should improve compliance with Council Regulation n° 1239/98 and also contribute to reduce the mortality of small cetaceans.
This chapter implements the measures agreed in the Treaty of Accession 2003 for Malta to limit fishing in the 25-mile management zone to coastal fishing for vessels less than 12 metres except for a limited number of larger vessels undertaking specific fisheries. These measures are in line with the Mediterranean strategy for the CFP, namely, to enforce both fishing effort management, particularly by allocating it to different areas depending on the type of fishing vessels and exploited environments and to improve the exploitation pattern by technical measures, including closed areas for certain fishing gears.
This chapter contains provisions concerning the adoption by the Commission of implementing regulations and the repeal of previous Community legislation on Mediterranean fisheries.
This proposal provides framework for Community management of fisheries resources in the Mediterranean. It includes a significant number of Community rules for fisheries of common interest, procedures for the further development of Community rules, such as fisheries management plans, and obligations for Member States to develop national rules for fisheries conducted exclusively within territorial waters.
It should be recalled that, in accordance with Articles 9 and 10 of Council Regulation 2371/2002, the framework Regulation of the CFP, any Member State may, subject to notification procedures, take non-discriminatory measures for the conservation and management of fisheries within 12 nautical miles of its baselines and, in respect of other waters under its jurisdiction, measures applying solely to fishing vessels flying its flag.
Mediterranean Member States are encouraged to take such additional national measures whenever necessary to ensure the conservation of fisheries resources or protection of the marine ecosystem.
The Commission has consulted the Mediterranean fishing industry twice during the preparation of this proposal. The points made by the industry in such consultations have influenced some of its most important parts. For example, the idea of establishing integrated management plans linking effort management and technical measures, the maintenance and strengthening of the ban on trawl nets in coastal areas, the need to establish limitations on leisure fisheries , the need to improve the exploitation pattern in the short term by closed areas/seasons instead of generalised increases in mesh size, and the delegation to Member States of certain local management decisions, were strongly recommended by industry representatives.