Joint Recommendation of the Scheveningen Group Amending The

Joint Recommendation of the Scheveningen Group

amending the Discard Plan for Demersal Fisheries in the North Sea

Draft 12.04.2019

Index

1. Background ...... 3 1.1. Legal background ...... 3 1.2. Scheveningen High-Level Group ...... 3 1.3. Consultation with relevant Advisory Councils ...... 4 1.4. Previously submitted joint recommendations ...... 4 1.5. Extent of discarding in North Sea Demersal Fisheries ...... 5 2. Objectives and scope of the discard plan ...... 5 2.1. Objectives ...... 5 2.2. Scope ...... 6 3. Implementation of the landing obligation...... 6 4. Exemptions ...... 7 4.1. Additional scientific information supporting existing exemptions ...... 7 4.2. High Survivability exemptions ...... 10 4.3. De minimis exemptions ...... 14 5. Adaptation of the Joint Recommendation ...... 17 Annex A – Additional information for the exemption for Norway lobster as bycatch in the fishery for Northern Prawn ...... 18 Annex B – Additional information for exemption for Skates and Rays...... 19 Annex C – Additional information for the exemption for Whiting ...... 25 Annex D - High survivability for plaice in ICES area 3a in summer months – Data from DTU Aqua 29 Annex E - High survival exemption for plaice in the TR1 and TR2 fishery in ICES area 4 in the summer months – Data from Cefas ...... 46 Annex F – Comparability of trawl of mesh sizes 80-99mm equipped with SELTRA in 3a and Scottish seine in the North Sea to gears covered by existing exemptions for plaice ...... 53 Annex G – High Survival exemption for Plaice beam trawl ...... 54 Appendix 1 – Progress report from Belgium ...... 54 Appendix 2 – Progress report from the Netherlands ...... 54 Annex H – High Survival exemption for Turbot ...... 73 Annex I - De minimis exemption request for the vessels using bottom trawl and seine with mesh size of 80-99mm to catch horse-mackerel in ICES subarea 4...... 79 Annex J - De minimis exemption request for the vessels using bottom trawls and seines of mesh size 80-99mm to catch mackerel in ICES subarea 4...... 94 Annex K – De minimis request for ling below MCRS caught by vessels using set longlines (LLS) in ICES subarea 4...... 109 Annex L – De minimis for industrial bycatches ...... 113

1. Background 1.1. Legal background One of the main elements of the reform of the Common Fisheries Policy (CFP), introduced by Regulation (EU) no. 1380/2013 (the “Basic Regulation”), is the introduction of a full landing obligation as from 1 January 2019. Article 15(4) of the Basic Regulation provides that details of the implementation of the landing obligation are specified in multiannual plans referred to in Article 9 and 10 of that Regulation.

Regulation (EU) no. 2018/973 established a multiannual plan for demersal stocks in the North Sea and the fisheries exploiting those stocks (the “North Sea MAP”). Article 11 of that Regulation provides that for all stocks of species in the North Sea, to which the landing obligation applies under Article 15(1) of the Basic Regulation, the Commission is empowered to adopt delegated acts in accordance with Article 16 of the North Sea MAP and Article 18 of the basic Regulation in order to supplement the North Sea MAP by specifying details of that obligation as provided for in points (a) to (e) of Article 15(5) of the Basic Regulation.

According to Article 14 of the North Sea MAP Member States, having a direct management interest may submit joint recommendation (JR) for discard plans. These are to contain details of the implementation of the landing obligation. Upon agreeing a JR the Member States may propose to the Commission to translate it into a Delegated Act.

The Commission is empowered to adopt Delegated Acts concerning specific provisions regarding fisheries or species covered by the landing obligation, exemptions for high survivability and de minimis, provisions, on the documentation of catches and the fixing of minimum conservation reference sizes by virtue of Article 16 of the North Sea MAP and in accordance with Article 18 of the Basic Regulation.

On the basis of the authority granted to the European Commission by Article 15(6) and 18(1) of the Basic Regulation and Article 11 of the North Sea MAP to adopt discard plans by means of delegated acts, the Member States of the North Sea hereby submit a joint recommendation for the amendment of the Commission Delegated Regulation (EU) 2019/2035, as per Article 18(1) of the Basic Regulation and Article 14 of the North Sea MAP, to the European Commission for a specific discard plan for demersal fisheries in the North Sea.

1.2. Scheveningen High-Level Group Following Article 18 of the Basic Regulation, the Fisheries Directors of the North Sea Member States cooperating in the Scheveningen Group since 2004 established a High Level Group (HLG) in December 2013 and agreed on a Memorandum of Understanding setting out the principles and working methods of the Group. Members

of the Group are Belgium, Denmark, France, Germany, the Netherlands, Sweden and the United Kingdom. An annual chair, with Denmark chairing from 1 January 2019 to 31 December 2019, chairs the group. The HLG is assisted by a technical group and a control group for discussions of control related issues in the North Sea.

1.3. Consultation with relevant Advisory Councils The group acknowledges the importance of a meaningful input from stakeholders in the process of drawing up the discard plans, especially in relation to identifying challenges and solutions as well as formulating exemptions, in light of Article 18(2) of the Basic Regulation.

With this in mind the North Sea Advisory Council (NSAC) and the Pelagic Advisory Council (PELAC) were invited to closely cooperate with the Scheveningen group. There has been regular and detailed engagement between the Scheveningen group and the NSAC and PELAC throughout the development of the joint recommendation. In order to have a continuous consultation during the process, the NSAC and PELAC have been invited to attend, in part, meetings of the Scheveningen High Level Group and the Technical Group. Additionally, Scheveningen Group representatives have attended several meetings of NSAC and PELAC in 2019.

On [12] April 2019 a draft of the joint recommendation was sent to NSAC and PELAC for consultation. [On xx April.2019 the NSAC adopted its advice on “comments on the implementation of the landing obligation in the North Sea demersal fisheries – joint recommendation for a delegated act for 2020”. In the Technical Group on 9 May 2019, the NSAC presented its advice.]

The Scheveningen group remains committed to working in close cooperation with the NSAC and the PELAC on implementation of the demersal landing obligation in the North Sea area.

1.4. Previously submitted joint recommendations For the purpose of detailed rules implementing the landing obligation the Member States of the North Sea (Scheveningen group) submitted a joint recommendation on 30 May 2018, which was revised on 30 August 2018, for the years 2019 and beyond for the demersal fisheries in the North Sea. On 6 November 2018 the Scheveningen Group supplemented this joint recommendation with a complementary joint recommendation for a discard plan for turbot in the North Sea. However, this request for an exemption was not granted. Suggested corrections on gear types were accepted. On 19 December 2018 the Scheveningen Group further submitted a joint recommendation correcting two de minimis exemptions for whiting and cod in the North Sea.

Details of implementation of the landing obligation for certain demersal fisheries in the North Sea for 2019-2021 was set out in Commission Delegated Regulation (EU) 2019/973 of 18 October 2018 (the “North Sea discard plan”) [and Commission Delegated Regulation (EU) 2019/XX of Xx May 2019].

1.5. Extent of discarding in North Sea Demersal Fisheries The Scheveningen Group produced a Demersal Discard Atlas in 2014 detailing catch compositions, landings data and discards estimates for 2010-2012. Data was sourced from that reported by individual countries. Information on discards in demersal fisheries (STECF; ICES; NSAC, JRC) suggests that discards in the different fisheries varied significantly from close to 0% up to more than 40% of average catch in weight before the introduction of the landing obligation.

With the phased introduction of the landing obligation since 2015, certain measures to increase selectivity has been introduced, in particular as part of exemptions granted in the framework of discard plans. Unwanted catches having become an important issue with the entry into force of the landing obligation, the Scheveningen group developed a choke mitigation tool and undertook an analysis of the choke species allowing easily identifying potential choke species as tools for the identification of additional solutions. Similar cases may arise where choke situations are not due to a lack of sufficient quotas but to economic constraints, such as the need for additional crew members for sorting the catch and more calls into ports with the limited storage capacity being used for fish of little value affecting the operating range of the fishing vessels and increasing the operation costs in terms of additional steaming time and fuel costs. For some vessels, this could affect the economic viability of their operations.

[As to the recording of catches, the introduction of the code DIM allows the separate recording of discards under de minimis exemptions. However, serious control concerns remain, as infringements are extremely difficult to prove. It is therefore likely that certain discards continue to occur but will vary between species, fisheries and over time. However, whilst considering possible limitations, the available data has allowed the informed development of this JR.]

2. Objectives and scope of the discard plan 2.1. Objectives The discard plan shall establish provisions for any of the specifications referred to in Article 15(5) of the Basic Regulation.

It is the position of Member States that increased selectivity, where possible, is the most desirable way to deliver compliance with the landing obligation.

The recommendation of exemptions from the landing obligation is based on a thorough, evidence-based process.

The Member States of the North Sea consider it desirable to achieve, where possible, consistency with recommendations for specific discard plans to be submitted by other regional groups in EU waters.

2.2. Scope This JR will apply to demersal fisheries subject to catch limits in the North Sea as defined in Article 4(2)(a) of the Basic Regulation comprising ICES areas 3a and 4. Additionally, under Article 15(1)(c)(iv) of the Basic Regulation the Scheveningen Group recommends that the discard plan also covers the Union waters of ICES area 2a as the TAC areas for the relevant demersal stocks also comprise this area. Throughout this JR, reference to the North Sea hence means Union waters of areas 2a, 3a and 4, unless otherwise stated.

This JR will apply to all fishing vessels engaging in the specified demersal fisheries in the North Sea without prejudice to rules applicable outside the aforementioned Union waters under Member State jurisdiction. It is to be noted that part of the North Sea lies within the Norwegian zone. This part being subject to Norwegian legislation, it cannot be a part of this plan.

3. Implementation of the landing obligation In accordance with Article 15(1) c of the Basic Regulation, the Member States of the Scheveningen Group are committed to the full introduction of the landing obligation for demersal and deep-sea fisheries in the North Sea from 1 January 2019.

The Scheveningen Group will pay due respect to the application of the demersal landing obligation, research into survivability and selectivity and any advice from the Advisory Councils before proposing further recommendations for future years.

The obligation to land all catches shall not apply in cases for which a specific exemption is recommended as detailed in section 4 of this JR.

The obligation to land all catches shall also not apply in cases where catches as part of a normal operational procedure is released, e.g. when cleaning the gear by rinsing it in the sea or disposing of debris that builds up in the cod end.

The Scheveningen Group recognises the continued importance of addressing the challenges of choke species in 2020 and beyond. The Group agrees on the importance of Member States working collaboratively and with the European Commission and the Advisory Councils on a variety of measures. This includes exploring with the European Commission solutions not currently available to Member States.

4. Exemptions Situations where the landing obligation shall not apply are specified in Article 15(4) of the Basic Regulation.

Moreover, taking into account that the Basic Regulation Recital (16) states that the CFP should pay full regard, where relevant, to animal health, animal welfare, food and feed safety and that Article 3, point h recalls that the CFP shall respect consistency with other Union policies, catches of aquatic animals for which flesh contaminants would exceed the maximum limits set by EU rules for human or animal consumption would also be covered by this exemption. According to food safety prescriptions as set out in Regulation (EC) No 853/2004 of the European Parliament and of the Council as well as in Commission Regulation (EC) No 1881/2006 catches of contaminated fish shall not be kept on board a vessel. This fish has to be disposed directly into the sea.

Besides, in line with point c) of Article 15(4) of the Basic Regulation, which is in force since 1 June 2015, fish showing damage caused by predators is not subject to the landing obligation either.

In the North Sea discard plan for the period 2019-2021 a number of exemptions from the landing obligation were granted for the duration of the Delegated Regulation, but required Member States having a direct management interest to submit additional scientific information supporting the exemption in order for STECF to assess the provided scientific information. Other exemptions were limited to 2019. These exemptions are resubmitted for 2020 and beyond with supporting scientific information. Finally, the Scheveningen Group has identified new requests for exemptions from the landing obligation, which the Scheveningen Group submits to the Commission.

All proposed exemptions are proposed for the remaining duration of the North Sea Discard Plan, i.e. 2020-2021.

4.1. Additional scientific information supporting existing exemptions 4.1.1. High survival exemption for Norway Lobster caught by demersal bottom trawls Member States have conducted a number of survival experiments on Nephrops caught in demersal trawls. These experiments show high levels of survival whether they are using trawl gears fitted with a species selective grid, trawl gears fitted with a SELTRA panel, trawl gears fitted with a netgrid or trawl gears with a cod end larger than 80mm and within 12 miles of coastlines. Based on these findings exemptions for high survival are already included in Article 3 of the North Sea discard plan Regulation (EU) No 2018/2035 until 2021.

The Scheveningen Group recognises that further scientific information should be provided on this fishery if the exemption is to be continued beyond 2021.

Due to the level of time and resource required to carry out further scientific studies in this area, and due to the lack of other available scientific evidence outwith the evidence already submitted, it has not been possible to provide further evidence on the high survival of Nephrops caught by demersal trawls with a cod end larger than 80mm at this time.

[Should the high survival exemption be removed as a result of further evidence not being provided, the Scheveningen regional group recommends that the previous de minimis request for this fishery be reinstated.]

The Scheveningen Group hereby submits new data supporting the high survivability of Nephrops in the Northern Prawn fishery in annex A.

4.1.2. High survival exemption for skates and rays caught by all fishing gears in the North Sea,

On the basis of scientific evidence and rationale provided in the Joint Recommendation from the Scheveningen Group a high survivability exemption for Skates and Rays (excluding Cuckoo Ray) was granted for skates and rays until 31 December 2021 as set out in Article 8 of the North Sea discard plan. This exemption is allowing Member States to collect additional information on survivability and evidence that will contribute to the development of longer term management measures. The Scheveningen Group submitted a roadmap on Skates and Rays to the Commission on 31 October 2018 to illustrate the further work envisaged.

The Scheveningen Group hereby submits new information on Skates and Rays supporting this exemption in annex B.

ICES provided advice on advice on a revision of the contribution of TACs to fisheries management and stock conservation, published 20 September 2018. In this advice, a number of issues regarding rays were highlighted, including fishing patterns, vulnerability and knowledge gaps.

The Scheveningen Group calls for the Data Collection Framework to provide higher requirements for skates and rays.

4.1.3. De minimis exemption for Whiting caught by beam trawls 80-119 mm in the North Sea ICES area 4

In the Joint Recommendation of the Scheveningen group of 30 august 2018, a de minimis exemption was requested for Whiting (Merlangius merlangus) below minimum conservation reference size (MCRS). The exemption would apply up to a maximum of 2% of the total annual catches of plaice and sole that would fall under landing obligation, for the demersal mixed fishery using beam trawls with a mesh size

of 80-119 mm (BT2) in ICES area 4 as set out in Article 9, litra l of the North Sea discard plan.

The exemption was approved for three years, up to 31.12.2021, after assessment by the STECF Working group and plenary meetings of June and July 2018 and evaluation by the European Commission.

The Scheveningen group provides below:

1. additional data as requested; 2. a translated study of the research showing addition handling costs of unwanted catch 3. a reference to selectivity work that was conducted in 2018.

This exemption will apply to all BT2 vessels. The BT2 fisheries are dominated by Netherlands flagged vessels, accounting for 82% of all whiting catches in the BT2 fisheries. Besides, by Dutch vessels, whiting in the BT2 is mainly caught by Belgium (13%) and Germany (4%).

Lan Discard Landings Discards Landings Discards Landi Discard Total din s 2015 2015 2016 2016 ngs s catch gs 2014 2017 2017 2014- 201 2016 4 Belgium 18, 76,06 31,55 333 12,09 60,7 531,86 46 Germany 0,8 7,86 3,95 20,61 6,14 105,5 144,91 5 Denmark na na na na na na na France 0,0 0,08 0,79 5,7 0,01 0,07 6,67 2 Netherla 177 776 173 1111 194 798 [319] [1296] 3229 nds Sweden na na na na na na na United 5,3 0,73 6,72 1,81 12,52 6,67 33,79 Kingdom 4

For the sake of completeness in the table below all landings and discards of plaice and sole by all member states in the North Sea, for the period 2014-2016:

Landi Discards Landi Discard Landings Discards Landings Disc Total ngs 2014 ngs s 2015 2016 2016 2017 ards Catch 2014 2015 2017 2014-2016 Plaice 30.59 25.364 33.71 56.236 33.776 30.098 209.787 6 7

Sole 10.40 1.497 9.605 2.849 10.894 1.026 36.272 1

Based on the total catches of plaice and sole by the BT2 in the North Sea by all member states in the period 2014-2016 the mean annual catch of both species in the BT2 is 82.020 tons. The maximum amount of whiting discarded under this exemption would be 1640 tons.

STECF remarked that the evidence that was provided in 2018 to prove additional costs of handling on board of unwanted catches should be provided in the English language. This is provided in annex C.

In the JR of 2018 several studies were attached. During 2018, additional selectivity and survivability studies were undertaken. Although the main focus was on sole and plaice, other species were included, but not whiting. A study on the effects of technical measures (increasing the mesh size from 80mm to 90mm) did however conclude that while an increased mesh size led to a reduction of plaice discards, the reduction of catches of sole (above MCRS) were relatively larger. Consequently, fishing effort would have to increase to catch all the sole leading to higher discards for plaice than would be the case with 80mm. See annex G, referring to studies on gear adjustments in the exemption for plaice using beam trawl.

4.2. High Survivability exemptions The Scheveningen Group recommends the following exemptions for reason of high survivability in accordance with Article 15 (4)(b) of the Basic Regulation.

4.2.1. Catch and by-catch of plaice by vessels using trawl (OTB, PTB) of mesh sizes ≥ 120 mm in the North Sea in the summer months

The Scheveningen Group recommends that by way of derogation from Article 15(1) of the basic Regulation, the landing obligation shall not apply to plaice (pleunonectes platessa) caught in the North Sea by vessels using trawl (OTB, PTB) ≥ 120 mm targeting flatfish or roundfish in the summer months. The request is based on Article 15.4(b) of the Basic Regulation. Scientific evidence and rationale is provided in Annex D, E and F.

On the basis of scientific evidence and rationale provided in the Joint Recommendation from the Scheveningen Group a high survivability exemption for plaice caught in the North Sea using trawl (OTB, PTB) in the fishery targeting flatfish or roundfish in the winter months was granted until 31 December 2021 as set out in Article 6 of the North Sea discard plan.

Discard survival rate from provided studies in ICES area 3a has shown to be 75% in the winter months and 44% in the summer months. The cases described in Annex E originates from Danish fisheries in area 3a, but the Scheveningen Group considers that the principles and evidence are applicable to the entire North Sea. Likewise, the

cases described in Annex F originates from French fisheries in the North Western Waters, but the Scheveningen Group considers that the principles and evidence are applicable to the entire North Sea.

Plaice must be discarded swiftly in order to minimize air exposure, which is necessary in order to maintain the survival rates.

Country Exemption applied for Species as Number of Landings Estimated Estimated Discard (species, area, gear type) bycatch or Vessels (by LO Discards Catch Rate target subject to subject LO Vessels)

DK Demersal fishery Catch 76 11,195 30 3,477 0.8% 1 May to 31 and October: bycatch (All (plaice) of PLE catch) (OTB, PTB) ≥ 120 mm

DE North Sea, OTB Bycatch 10 277 2 t 279 t 0.7 % or PTB >=120 of PLE

4.2.2 Catch and by-catch of plaice by vessels using trawl (OTB, PTB) of mesh sizes 80/90-99mm equipped with SELTRA in area 3a, 80/90-99mm in area 4 and Scottish seine (SSC) in the North Sea

The Scheveningen Group recommends that by way of derogation from Article 15(1) of the basic Regulation, the landing obligation shall not apply to plaice (pleunonectes platessa) caught in the North Sea by vessels using trawl (OTB, PTB) of mesh sizes 80/90-99mm equipped with SELTRA targeting flatfish or roundfish in 3a, 80/90-99mm in area 4 or Scottish seine (SSC) in the North Sea. The request is based on Article 15.4(b) of the Basic Regulation. Scientific evidence and rationale is provided in Annex D, E and F.

Country Exemption applied for Species as Number of Landings Estimated Estimated Discard Rate (species, area, gear bycatch or Vessels (by LO Discards Catch type) target subject to LO subject Vessels)

DK Demersal Catch 142 9,709 858 fishery and bycatch (all (plaice) (OTB, PTB) ≥ of PLE catch) 80-99 mm (not possible

to extract trawl equipped with SELTRA)

DK Demersal Catch 6 3,999 34 fishery and bycatch (all (plaice) SSC of PLE catch)

[Evidence of these gears being comparable to trawl regarding survivability of plaice is provided in Annex F.]

4.2.3. High survival exemption for plaice below MCRS caught by 80-119mm beam trawl gears (BT2) in ICES area 4 The Scheveningen Group recommends a continued exemption from the landing obligation of plaice (under MCRS) caught in 80-119mm beam trawl gears (BT2) in ICES area 4. The request is based on Article 15.4(b) of the Basic Regulation. The request for an exemption is based on the fulfilment of the conditions set for the current exemption for 2019: - Roadmap, plaice: The first condition was met when a plaice roadmap was submitted to the European Commission in November 2018 outlining a program for additional selectivity and survivability measures and the phased implementation of a pilot project Fully Documented Fisheries. This roadmap was assessed by STECF in November 2018. - Progress Report: In appendix 1 and appendix 2 to annex G, the second condition is met as evidence is provided of the results achieved so far and an outline for future work is provided. The exemption is requested for a further two years (2020-2021), which is in line with other exemptions that have been granted. Also, this time period corresponds to the programming period of survivability and selectivity research done by member states and the pilot project Fully Documented Fisheries. Additionally, there is a clear need for a degree of certainty regarding the future situation for fishermen. This is also essential for testing new innovations and developments in fisheries. The requests is for

 a prolongation of the existing one year exemption for high survivability for plaice below MCRS caught by 80-119mm beam trawl gears (BT2) in area 4 for 2020 and 2021 by using the flip up rope or Benthos release panel in the big fleet segment;  a prolongation of the existing one year exemption for high survivability for flatfish for 2020 and 2021 for smaller BT2 vessels, with an engine power of not more than 221kw or less than 24m in length overall, which are constructed to

fish in the twelve mile zone, if the average trawl duration is less than ninety minutes. Progress reports from Belgium and the Netherlands are submitted in annex G.

4.2.4. High survival exemption for turbot caught by TBB gears with a cod end larger than 80mm in ICES area 4.

The Scheveningen Group recommends an exemption of turbot (Scophthalmus maximus) from the landing obligation caught with beamtrawl with a cod end larger than 80mm (TBB) in ICES area 4. The request is based on Article 15(4)(b) of the Basic Regulation. Evidence collected in the beam trawl fisheries shows discard survival estimates of 20-43% using gear with a cod end larger than 80mm. Discard survival estimates were generated from samples taken during normal commercial fishing activity. The data was supplemented with observations on discard patterns from other vessels fishing in the same areas to determine the representativeness of the survival estimates for each fishery. This research provides a first indication that will be followed up in research initiated by both Belgium and the Netherlands and their respective research institutes. Turbot it a very valuable fish, which means that fishermen are never inclined to discard unless absolutely necessary (for example in order to respect the MCRS and/or the quota). In usual circumstances discards are therefore rather low. It is to be emphasized that the discard levels of 2015 and 2016 are not representative and were due to a low TAC, not matching with the high abundance of turbot on the fishing grounds . As the TAC has been increased significantly for 2017, 2018 and 2019, the level of discarding is expected to be less as assumed in assessments based on data for 2015 and 2016. As a condition of the exemption the turbot should be returned whole/undamaged to the sea as swiftly as possible and over the grounds where they were caught. Furthermore, trials to improve selectivity and survivability, should be carried out. The background to this request is contained in Annex H.

4.2.5. High survival exemption for Cuckoo Ray in ICES area 4

The Scheveningen Group recommends an extension of the current one-year high survivability exemption from the landing obligation of cuckoo ray in ICES area 4. The request is based on Article 15.4(b) of the Basic Regulation and the North Sea MAP. On the basis of scientific evidence and rationale provided in the Joint Recommendation from the Scheveningen Group a high survivability exemption for Cuckoo Ray was granted for 2019 as set out in Article 8 of the North Sea discard plan.

See annex B for projects on cuckoo ray.

4.3. De minimis exemptions The Scheveningen Group recommends the following exemptions for reason of de minimis.

These exemptions will be reviewed where appropriate with the objective of reducing and, over time, phasing out these provisions where possible. In reviewing, the Scheveningen Group will take into account experience in the fisheries and the results from scientific and technical trials.

When taking into account the potential de minimis volumes in the process of establishing fishing possibilities, the potential quantities need to be rightly reflected. In this exercise, it should be possible to distinguish the part of the fleet/fishery that is covered by the exemption, as well as the catch that the gear in question accounts for. That could for instance be done through the use of separate gear codes (at national or EU-level). Furthermore, for combined de minimis exemptions the quantity representing the total de minimis percentage need to be divided among the exempted species on the basis of the discard composition in the fishery concerned.

4.3.1 De minimis exemption request for whiting and cod for the vessels using bottom trawls (OTB, OTT, SDN, SSC) of mesh size 70-99mm (TR2) in Central and Northern North Sea (ICES subareas 4a and 4b)

The Scheveningen Group recommends a continued exemption for whiting (Merlangius merlangus) and cod (Gadus morhua) below MCRS, up to a combined maximum of 6% in 2020 and beyond (of which a maximum of 2% can be used for cod discards) of the total annual catches of whiting and cod, for the mixed fishery not targeting Nephrops using trawler and seines (OTB, OTT, SDN, SSC) with a mesh size of 70-99 mm in ICES areas 4a and 4b.

The request for an exemption for de minimis is based on 15(5)(c)(.i) and ii) of the Basic regulation due to difficulties to improve selectivity in a short term period. Also, vessels are operating long fishing trips (~3 days on average) at considerable distance from home harbours (more than 1000 km return). This would imply to come back often to home harbours, generating high costs for the vessel.

This exemption is already included Article 9(f) of the delegated act (EU) 2035/19 for 2019. A translation of the summary of the evidence underpinning the recommendation can be found in Annex H.

Based on provided data by France, Germany and the Netherlands a de minimis exemption of 6% of whiting and cod (of which maximal 2% is cod) would correspond

to total quantities of 253t of discarded whiting and 72t of discarded cod for the entire North Sea.

4.3.2. De minimis request for horse mackerel for demersal vessels using bottom trawls (OTB, OTT, PTB, TBB) of mesh size 80-99mm (TR2, BT 2) in the North Sea (ICES area 4).

The Scheveningen Group recommends a continued de minimis exemption for bycatches of horse mackerel, up to a maximum of 7% for 2020 and beyond of the total annual catches of horse mackerel caught in demersal fisheries, for the trawler mixed fishery using bottom trawls (OTB, OTT, PTB, TBB) with a mesh size of 80-99 mm in ICES area 4. The request for an exemption for de minimis is based on Article 15(5)(c)(i) and (ii), due to difficulties to improve selectivity in a short term period. Also, the landing application enforcement would increase the workable time on board and generate hold overloading issues. This would imply to come back often to home harbours, generating high costs for the vessel. Based on STECF data for all European vessels a de minimis exemption of 7% of horse mackerel bycatches would correspond to total quantities of 189t of discarded horse mackerel for the entire North Sea on a 2013-2016 basis. The scientific evidence underpinning the exemption can be found in Annex I. BE and NL data for BT2 to be provided.

4.3.3. De minimis request for mackerel for demersal vessels using bottom trawls (OTB, OTT, PTB, TBB) of mesh size 80-99mm (TR2, BT 2) in the North Sea (ICES area 4).

The Scheveningen Group recommends a continued de minimis exemption for bycatches of mackerel, up to a maximum of 7% for 2020 and beyond of the total annual catches of mackerel caught in demersal fisheries, for the trawler mixed fishery using bottom trawls (OTB, OTT, PTB, TBB) with a mesh size of 80-99 mm in ICES area 4. The request for an exemption for de minimis is based on Article 15(5)(c)(i) and ii), due to difficulties to improve selectivity in a short term period. Also, the landing application enforcement would increase the workable time on board and generate hold overloading issues. This would imply to come back often to home harbours, generating high costs for the vessel. Based on STECF data for all European vessels a de minimis exemption of 7% of mackerel bycatches would correspond to total quantities of 77t of discarded mackerel for the entire North Sea on a 2013-2016 basis.

The scientific evidence underpinning the exemption can be found in Annex J.

BE and NL data for BT2 to be provided.

4.3.4. De minimis request for ling (Molva molva) below MCRS caught by vessels using set longlines (LLS) in ICES area 4

The Scheveningen Group recommends a de minimis exemption for ling below MCRS caught by vessels using set longlines (LLS) in ICES subarea 4, up to 3% in 2020 and beyond of the total annual catches of ling caught with demersal vessels using set longlines.

The request for an exemption for de minimis is based on article 15.c.i), due to difficulties to further increase selectivity in this fishery, and on article 15.c.ii), due to disproportionate costs a total application of the landing obligation would cause in this fishery. The fleet is particularly vulnerable for the risk of commercial catch losses an improvement in selectivity would cause.

For ling in divisions 6–9, 12, and 14, 3.a and 4.a ICES advises that when the precautionary approach is applied, catches should be no more than 17 695 tonnes in each of the years 2018 and 2019. If discard rates do not change from the average of the last three years (2014–2016) this implies landings of no more than 16 793 tonnes. Landings have been stable for the last five years, with an increase in discards in the last three years.

French vessels in this fishery use set longlines to target hake in ICES subarea 4, 5b and 6. In 2017, 10 French vessels were conducting this activity (according to the 2017 ObsMer report; Cornou et al. 2018).

The scientific evidence underpinning the exemption can be found in Annex K.

4.3.5 De minimis request for bycatch of industrial species for demersal vessels using TR 1, TR2 or BT 2 in the North Sea.

The Scheveningen Group recommends a de minimis exemption for bycatch of industrial species (sprat, sandeel, norway pout and blue whiting) in the demersal fishery using gears with mesh sizes above 80 mm and fishery for Northern Prawn using gears with mesh sizes above 35 mm in ICES area 3a and 32 mm in ICES area 4 and a fish retention device fitted with a sorting grid with a maximum bar spacing of 19mm or equivalent selectivity device (OTB, OTM, OTT, PTB, PTM, SDN, SPR, SSC, TB, TBN), up to a maximum of 1 % of total catches in this fishery. This would represent 448 tons for the Danish fishery.

Country Exemption Species as Number of Landings (by Estimated Estimated Discard Estimated applied for bycatch or Vessels LO subject Discards Catch Rate de minimis (species, area, target subject to Vessels) volumes gear type) LO

DK Demersal Bycatch 249 303.7t 44,825 0,67% 448 fishery of SAN, >80mm SPR,

and WHB, (all Northern NOP catch) Prawn fishery* >35mm in ICES area 3a >32mm in ICES area 4

* fitted with a sorting grid with a maximum bar spacing of 19mm or equivalent selectivity device

In 2018 discards by Danish vessels using OTB of these species amounted to 303 tons. These species are abundant and occur in large schools. Thus, it is inevitable that they are sometimes caught even in gears with large meshes. This happens in particular if they are ‘trapped’ amongst the targeted species and never get in contact with the netting of the gear. Selectivity measures have been exhausted for this bycatch. The impracticalities on board of handling both industrial catches and catches for human consumption, the separate stowage, additional economical costs and different procedures when landing, seen in the light of the almost insignificant impact on the stocks that catches of these species in the demersal fisheries amount to, calls for a de minimis exemption.

The scientific evidence underpinning the exemption can be found in Annex L.

5. Adaptation of the Joint Recommendation Taking into account that the application of landing obligation constitutes a new regime in the management of fisheries in Europe, and that joint recommendations for specific discard plans are a management tool to address challenges that this policy implies, in particular with respect to choke species situations in mixed fisheries, this JR shall remain open to revision and adaptation throughout its duration. It is considered to be the joint responsibility of the Commission and Member States to maintain oversight of the implementation of the provisions of the discard plan following this JR and to call into question any element which may be in need of revision and adaptation at any time.

Annex A – Additional information for the exemption for Norway lobster as bycatch in the fishery for Northern Prawn

Norway lobster is regularly caught in Northern prawn trawls (35-69 mm) in 3a and eastern 4a. As the use of a 19 mm sorting grid is mandatory, Norway lobster catches are substantially smaller than pre-2013 when the mandatory use of sorting grids was introduced. Typically, some undersized Norway lobster pass through the grid and end up in the codend together with the Northern prawn catch. Norway lobster above the minimum conservation reference size cannot pass through the sorting grid. However, not all of these larger Norway lobster are deflected by the grid, which lead to that a few specimens are sometimes stuck on the grid after hauling. These large Nephrops are sometimes landed but more commonly discarded due to lack of quotas. Swedish Norway lobster catches in Northern prawn trawls (average for 2013-2017) are presented in the table below.

Country Exemption Species as Number Landings Estimated Estimated Discard applied for bycatch of Vessels (by LO Discards Catch Rate (species, area, subject to subject gear type) LO Vessels)

SE >35 mm Norway 45 6.4 t 1.2 t 7.6 t 15 % equipped lobster with a (Nephrops species norvegicus) selective

grid with a bar spacing of maximum 19 mm

DK?

Table: Swedish Norway lobster catches in Northern prawn trawls. Data used: average from FDI- data 2013-2017

Annex B – Additional information for exemption for Skates and Rays

Scientific gaps for Skates and Rays

At a workshop held 14 February 2019 Member States in the Scheveningen Group and the North Western Waters Group developed a table outlining the potential evidence gaps for exploring the survivability rates of skates and rays species and how they can be increased.

An extract of this work as regards the North Sea (4 and 3a) is enclosed in the annex. The table captures information on the scientific research that each member state is doing, including key information such as the species and gear type in focus and the type of study that is being carried out or is being planned. The data generated by this research will make a significant contribution to the evidence required to support the continuation of the exemption. Due to limited resources and time, Member States may have to prioritise some of these gaps.

Recognising that cuckoo rays are the highest priority at the current time due to the May 2019 deadline, at the workshop Member States also collated information on the scientific studies that are underway or planned by each MS. France and Spain anticipate having outputs by May. Ireland, Belgium and UK have also initiated or are planning cuckoo ray projects.

The Scheveningen Group has invited the North Sea AC to cooperate with the North Western Water Group and the South Westerns Waters Group on developing guidelines for best practice on handling skates and rays. The NSAC has accepted this task.

Overview of ongoing projects looking at survival of skates and rays in the North Sea, area 4 and 3a

Type of ‘survival’ Country/institute Gear/fishery Species Area Time period Comments experiment

Tagging OTB Which factors affect Thornback ray 4c Ongoing TR vitality? Modelling UK (CEFAS) study

DST => still need TBB, OTB Cuckoo ray money

Results published May 2018: Thornback The Netherlands (WMR) pulsetrawl Captivity Finished “Discard survival probabilities of flatfish and Spotted ray rays in the NS pulse trawl fishery”.

Results June 2020

Belgium Thornback Trainings for fishermen & students of the fishery school on correct identification and OTB, TBB France Spotted ray handling (WP3, SUMARiS, Rederscentrale). Gillnets, Captivity 4c, 7d Ongoing UK Cuckoo ray trammelnets (SUMARiS) Blonde ray Belgian ministry will fund the development of an app for correct identification of ray and skate species in Belgium

Belgium TBB, OTB Modelling studies Thornback 4c Ongoing Results June 2019

The Netherlands Spotted ray ILVO is collaborating with WMR to investigate factors influencing survival of (pulse-trawled) (collaborations) Cuckoo ray thornback and spotted ray

ILVO will also be looking at its how historic data (landings, discards, survey data) for

cuckoo ray to evaluate whether new survival experiments with this species would be feasible

Undulate France (IFREMER) OTB Acoustic tagging? Planned Cuckoo

Sweden 3a Overview of available information regarding Denmark All ray species Feb-March 2019 catch, discard and occurrence of skates and 4b rays in Skagerrak and the North Sea

3a Approved DNA based monitoring of species Denmark All All rays pending composition of rays and risk based analysis of 4b financing catch of rays in different fisheries

Spatial and temporal distribution of different March-April species as well as recommendations on Sweden All All species 3a 2019 selectivity, avoidance and increased survivability.

Overview of new projects or projects, which might be developed further, as discussed during the workshop.

Is species Type of commercially Time - > Country/institute Gear/fishery ‘survival’ Species / vulnerable Area 2019 and Comments experiment / potential beyond for choke

Thornback This approach does not consider where rays pose a risk as a choke species. For Cuckoo Commercial, some fisheries that catch only small OTB Tagging – DST not high North Sea volumes of rays it may be important to Spotted choke risk have exemptions to enable fishing to continue when ray quota is exhausted. Blonde Therefore, this prioritisation may change with new information about choke risk in specific fisheries. It may also be modified in light of work being CEFAS (UK) done elsewhere so as not to duplicate effort. Commercial, Thornback It will be important to ensure that Long line Tagging – DST not high North Sea sufficient tags are deployed on each Other choke risk species to provide useful data and so a maximum of two species will be investigated in each study. Captive observation may also be used to study small fish where it can be practically delivered.

Spotted Commercial North sea Twin-rig Captive and choke The Netherlands Thornback 4b, 4c (WMR) Spotted North Sea Beam trawl Captive Thornback 4b, 4c

North Tagging – sea, Irish Improve current data collection under Belgium (beam) Cuckoo DST/ captive and Celtic DCF – e.g. biological parameters, vitality trawlers observations Sandy Seas, as standard procedure channel

2019 Survivability Otter, nets Cuckoo 7, 8 (before in captivity May) France (IFREMER) Undulate Literature study

All Thornback All area 2017 Observer data for thornback

Sail ray starry ray = 80% of catch

Pandalus Potential for Discussion with Denmark Sweden To be defined Sail ray Skagerrak choke low 35 mm trawl bycatch mainly in vessels with collecting bag

Work with Sweden in Skagerrak, which Trawl otter Sail ray 3a species, look at choke, Denmark Analyse previous work and make

Trawl Thornback 4b priorities Also discuss with Germany

Coordinate with NL, within regional Germany Beam trawl Vitality (AVM) Thornback 4 coordination groups

Annex C – Additional information for the exemption for Whiting

Translated summary of the following report

Summary

Under the landing obligation, all European fishing vessels have to retain and land their entire catch, including small sized individuals of all species subject to quota management. The landing obligation will be implemented in phases, commencing with the species defining the fisheries (2016) and gradually increasing the number of species until all species subject to landing obligation are covered (2019). When fully implemented, the landing obligation will have a huge impact on the economic performance of the fishing fleet as costs can increase to over 25 million euro per year for the Dutch demersal fishing fleet.

The Cooperative Fisheries Organisation has set up six projects to develop innovations to reduce discarding, demonstrate and increase survival and explore pathways to process discards at the lowest possible costs (including valorisation). In addition, a seventh project – best practices – explores the economic impact of the landing obligation on the Dutch demersal fisheries, taking the most promising innovations and results of the other six projects into account. Within best practices we have chosen to focus on three segments: 1) large (>300 hp) pulse vessels, 2) small (<= 300hp) pulse vessels and 3) Norway lobster (Nephrops norvegicus) fisheries. This choice is based on the number of vessels, effort (hp-days) and availability of data. The main economic impact of the landing obligation is an increased workload on board and high costs for processing the discards ashore. In addition, it is expected capacity problems will arise in the fisheries because the total catch exceeds the maximum capacity of the fish hold.

Workload on board

In the current situation (2014) the workload on board is optimized in order to produce at the lowest possible costs. Under the landing obligation, processing discards in addition to marketable fish will request more time of the crew and increase the workload. An increased workload on board will, in the long term, lead to a deterioration of the working conditions including safety and physical stress. In addition, as more time is spend processing the catch, other tasks on board the vessel such as gear and engine maintenance will be reduced. If the workload is to remain unchanged under a landing obligation two additional crew members are required on board a vessel. Within this project, four scenarios are presented which explore potential ways of dealing with the additional workload as a result of processing the entire catch.

Scenario 1: Additional crew with additional costs of the wages of the crew.

Additional (on average two) crew members will join on board and the total crew costs increases proportionally. Wages of individual crew members will remain unchanged creating additional costs for labour which are at the expense of the owner of the business.

Scenario 2: Additional crew, but costs for wages remains unchanged

Additional (on average two) crew members will join on board and the total crew costs remain unchanged.

The crew will therefore earn substantially less compared to the situation before the landing obligation. There are no extra costs for labour charged to the owner.

Under scenario 1 the labour costs for the fleet will increase with approximately 13.6 million euros. Keeping the total share of wages the same (scenario 2) will obviously result in no additional costs for the fleet. However, this scenario includes the assumption the crew settle for a lower wage share. Also, the condition for taking extra crew on board is that the vessel has the facilities to do so, e.g. sufficient sleeping quarters. The fishing industry indicates that not all vessels are equipped to take extra crew on board. Costs for adaptation of those vessels have not been included in the study. It is expected, the costs associated with taking extra crew on board will fluctuate between the current costs for labour (2014) and those under scenario 1 (increase of 13.6 million euro) and will strongly depend on the choices made by the skipper.

Processing discards ashore

In 2015 five pilot-trips have been made during which all catches of quota regulated species have been kept on board. The catch, in total about 50 tons of discards, of all trips has been processed ashore to analyse the processing costs of landing discards. The average cost per 1.000 kg of discards amounted to 305 euros (219-572

euros). It was estimated that the three fleet-segments analysed in this study combined have about 41 million kilograms of discards per year. Hence, costs for processing the discards ashore is determined to be 12.6 million euro.

Hold-capacity problems

It is almost certain that Dutch demersal fisheries will be confronted with hold-capacity problems under landing obligation. An analysis based on data related to the current utilization of the hold-capacity, discard monitoring and the five pilot studies shows that large (>300 hp) pulse vessels targeting sole (Solea solea) will have the least problems. However, industry representatives have noted to expect problems with large (>300 hp) vessels targeting plaice (Pleuronectes platessa), however, this fleet segment was not part of this study and is recommended for further analysis. In contrast, large hold-capacity problems are expected for the small (<=300 hp) pulse and Norway lobster fishery. Analysis based on data obtained from VIRIS shows that for both segments, respectively 73% and 70% of the trips will end prematurely. The incurred costs are mainly assigned to additional steaming back and forth to the fishing grounds. When only looking at fuel (gas oil at an average price of 56 cents in 2014) the cost for a small (<= 300 hp) pulse vessel is estimated at 216.000 euros and for a Norway lobster vessel at 94.000 euros. Note that these costs do not take additional labour costs incurred during the additional steaming time into account.

Reduction of costs due to innovations or exemptions

Within best practices the most promising innovations or exemptions resulting from the other six projects have been aligned and combined to analyse their influence on the economic performance of the fleet under the landing obligation. While the landing obligation is introduced to incentivise European fisheries to fish more selective on juvenile and unwanted fish, increasing the selectivity of the gear is often associated with loss of marketable fish. Indeed in our study the most promising gear innovation was able to reduce the amount of by-catch by about 27.5%, however, at the same time 10% of the most valuable resource (sole) was lost. As a result, the costs of losing valuable marketable catches outweigh the economic gains of reducing the amount of bycatch.

Analysis showed that a combination of an exemption based on survival for either plaice or dab with the most cost efficient way of processing and valorisation of discards ashore can reduce the costs under the landing obligation:

- For large (>300 hp) pulse vessels the economic result decreases from 22. 5 million euro to 13.6 million euro under the best practice (i.e. exemption plaice and valorisation). In case no exemption or innovation is being applied the economic result is being further reduced to 3.3 million euro. - For small (<= 300 hp) pulse fisheries segment, the economic result decreases from 1. 5 million euro to 640.000 euro negative under the best practice (i.e. exemption dab and valorisation). In case no exemption or innovation is being applied the economic result is being further reduced to 3.1 million euro negative. - For Norway lobster fisheries, the economic result decreases from 700.000 euro to 650.000 euro negative under the best practice (i.e. exemption dab and valorisation). In case no exemption or innovation is being applied, the economic result is being further reduced to 1.9 million euro negative. - For the three segments combined, the economic results decreases from 24.8 million euro to 12.4 million euro when exemptions and innovations have been implemented. Without the best practices, economic results decrease below the break-even point and will be 1.6 million euro negative.

The extent to which the sector will receive exemptions as well as the possibilities to reduce bycatch through innovation, ultimately determines the economic impact of the landing obligation for the fleet. Without innovations or exemptions, a full implementation of the landing obligation will cost the Dutch demersal fishery between 13.0 and 27.0 million euro. It is clear the landing obligations will strongly influence the economic performance of the industry. Even though results show that the economic result for the large vessels is still positive, the heavy reduction of their economic performance will have a negative effect on the opportunities to invest and innovate, creating a downward spiral, reducing the adaptive capacity of the industry.

Link to the report: http://visned.nl/upload/CVO-Eindrapportage-Verkenning-economische-impact-aanlandplicht-op-de- Nederlandse-kottervloot_01_04_16.pdf

Annex D - High survivability for plaice in ICES area 3a in summer months – Data from DTU Aqua

NOTAT

Til UM, Fiskeripolitisk kontor

Vedr. Discard survival of plaice (Pleuronectes platessa) caught in the bottom otter trawl (OTB) demersal mixed fishery in Skagerrak during summer 2017 and winter 2018

Fra DTU Aqua

23/03 2018

J.nr: 18/05964

Ref: JKA/ESAV/THNO/JD

Request

DTU Aqua has received a request from UM to present the results on the discard survival of plaice collected in the bottom otter trawl fishery during summer 2017 and winter 2018 under the EMFF- project COPE (grant no. 33113-B-16-086).

Summary

The North Sea-Skagerrak stock of plaice is considered to have full reproductive capacity and to be sustainably harvested.

Discard survival was investigated for the bottom otter trawl (OTB) fisheries during Aug-Oct 2017 and Mar-Apr 2018 in Skagerrak. The assessments were done onboard a commercial vessel, and according to guidelines made by ICES WKMEDS. In the summer, two commercial 90 mm diamond codends representative for the mixed demersal fishery were used in a twin rig to target plaice. In the winter, in addition to the standard commercial 90 mm diamond codend, a modified horizontally divided codend with 120 mm square mesh upper compartment and 60 mm square mesh lower compartment to separate fish from Nephrops and limit surface damages was tested. All other operational factors of the experiment were representative of commercial practices in Danish waters.

Regarding the commercial standard codend (90mm diamond), the mean survival rate for undersized plaice was higher in the winter 75% (95%-confidence interval including variability from the captivity experiment, haul and fish uncertainty: 67-83%) than in the summer, 44 % (37- 52%).

Danmarks Tekniske Universitet Charlottenlund Slot Tlf. 35 88 33 00 [email protected] www.aqua.dtu.dk

Institut for Jægersborg Allé 1 Fax 35 88 33 33

Akvatiske Ressourcer 2920 Charlottenlund

The mean survival rate for undersized plaice commercially caught when targeting Nephrops during winter was 41% (2857%), i.e. lower than when targeting plaice in the same season, and similar to when targeting plaice during summer.

The larger amount of Nephrops in the catch caused more damages to the fish due to contact between the hard, spiny surface of the Nephrops and the soft skin of the plaice, leading to higher mortalities. In Skagerrak, the highest discard survival was found when the amount of discarded individuals in the fishery is the highest.

In the summer when targeting plaice, discard survival was affected by air exposure duration, dropping to 8% (CI: 2-31%) if released after 60 min of air exposure. This was, however, not the case in the winter. The air exposure times used in the experiment were within commercial practice, but it is not known if air exposure time are higher at the fleet level. The length range of the sampled fish was limited in the summer and larger in the winter, explaining why this biological factor had an effect on discard survival in the winter only.

The upper compartment of the modified codend (120mm square) showed a better discard survival, but also less undersized (and commercial) individuals due to a higher selectivity. The lower compartment of the modified codend (60mm square) did not seem to improve discard survival compared to the standard commercial codend. An ongoing project is aiming at improving its selectivity for flatfish.

The survival of the four control groups were high, but there might be some influence of transportation on survival.

Species and stock status

Plaice (Pleuronectes platessa) has no swim bladder and is considered robust with respect to surviving the fishing process, partly due to its sedentary life style that likely has evolved towards enhanced metabolic adaptation to hypoxia (Benoît et al., 2013; Morfin et al., 2017a). It is therefore a candidate species for obtaining an exemption from the landing obligation. Plaice in the Skagerrak has been assessed together with the North Sea stock since 2015 (ICES Advice 2017). The stock is considered to have full reproductive capacity and to be sustainably harvested (Table 1, Fig. A1). At the stock level, the proportion of unwanted catch is on average 57% (years 2011-2016, ICES Advice 2017).

Table 1. Plaice in North Sea and Skagerrak. State of the stock and fishery relative to reference points (ICES Advice 2017).

Fig. 1. Plaice in North Sea and Skagerrak. Summary of the stock assessment. Shaded areas (F, SSB) indicate ±2 standard errors (approximately 95% confidence intervals) (ICES Advice 2017).

Methods

Study design, vessel, and fishing gear

The survival rate and vitality of plaice under the MCRS of 27 cm in the trawl fishery in Skagerrak was investigated during summer (August, September and October) 2017 and winter (March and April) 2018. The study was done onboard the commercial vessel S84 ‘Ida Katrine’ chosen in collaboration with the Danish Fishermen Organisation DFPO (Fig. 2). The trawler represents the mixed demersal fishery targeting fish (including plaice Pleuronectes platessa) and Nephrops (Nephrops norvegicus), with a length of 15.1m and a power of 221kW, working in a twin rig.

Fig. 2. The commercial vessel used in the study to represent the bottom otter trawl fleet in the demersal mixed fisheries.

In the summer, two commercial 90 mm diamond codends representative for the mixed demersal fishery were used to target plaice. A 90mm mesh size was chosen to account for the ‘worst case scenario’, but fishermen commonly use a 120mm diamond codend instead when targeting plaice. Together with improving size selectivity, a larger mesh size in the codend is expected to reduce potential damages in fish and therefore improve discard survival.

In the winter, in addition to the standard commercial 90 mm diamond codend, a modified experimental codend was tested (Fig. 3). This horizontally divided codend with 120 mm square mesh upper compartment and 60 mm square mesh lower compartment had previously been used to separate fish from Nephrops (Karlsen et al., 2015), and therefore seemed promising to reduce catch damage by limiting frictions in the codend. In the winter, half of the hauls targeted plaice and half of the hauls targeted Nephrops.

Fig. 3. A conceptual drawing of the horizontally divided codend used as one of the codends in the twin-rig of the trawler in the winter.

Data collection

Data was collected for a total of 10 days divided on five sub-cruises conducted from 17 August to 10

October 2017 and from 08 to 27 March 2018 on commercial fishing grounds north of Hirtshals (Fig. 4). Due to space limitations during transport and holding on land, repetition of the experiment allowed collecting a higher number of individuals to increase the robustness of the survival estimates. The two codends were fished on each side of the twin-trawl rig.

Fig. 4. Data collection at commercial fishing grounds in Skagerrak. The five sub-cruises were conducted in the summer (August, September and October 2017, on the left) and the winter (March and April 2018, on the right).

When using the modified codend to target Nephrops in the winter (second sub-cruise in 2018), clogging of the lower compartment at the point of the second frame was observed for some of the hauls. This had not been experienced when using the same gear during previous trials (Karlsen et al., 2015). It is expected that clogged individuals would suffer higher levels of damages and therefore show lower survival than expected in the absence of clogging. Additionally, few individuals experienced rough handling accidentally caused by a sudden degradation in weather conditions at the end of the second sub-cruise in 2018. Potential negative effects was tested for as part of the data analysis.

In the summer, the catch of both codends was hauled on deck, emptied together into the pounder, and sorted by the crew according to normal commercial practices. Six fish were sampled at five time intervals during the sorting process to cover the entire air exposure time of the catch sorted normally by the crew.

In the winter, each of the first two codends hauled onboard were, one after the other, emptied into the pounder and collected from the sorting belt into separate tanks on deck while the catch of the last codend stayed in the pounder/on the sorting belt while being sorted. All three catches were sampled and assessed in parallel. The catches were held separately at all times until the individuals were tagged and identifiable. The handling order of the three catches was alternated at each haul. The effect of being hauled first on discard survival was tested in the analysis. Four fish were collected at four time intervals during the sorting process. The total sorting time was decided together with the crew according to usual practices, i.e., about 1 h when targeting plaice and up to 2.5 h when targeting Nephrops.

Fish were assessed for vitality, length measured and tagged for individual recognition. Fish were stored in custom-made survival units to minimize the effects of handling, holding and transportation on mortality. The survival units were continuously supplied with running seawater, and oxygen and temperature were monitored. Fish were transported to the close-by holding facilities at DTU-Aqua and transferred into 1x1m tanks in a common garden set-up to 33

prevent a tank-effect on mortality. The tanks had a semi-circulated water supply and the bottom was covered with a 2 cm sand layer. Mortality was assessed and water parameters monitored for 14 days. After the first week, the fish were fed each day.

Controls

Four control groups were used to control for the effect of handling, assessing, transporting and holding the fish, i.e. all the experimental steps which took place after the fish would normally be discarded in commercial fisheries. Plaice in control groups 1 and 2 were caught prior to the study using the trawler R/V Havfisken. These fish were allowed to acclimatise before entering the study. Control group 1 (land) was used to control for the land-based holding facilities. Plaice in control group 2 (HV) were brought onboard the commercial vessel, and thus underwent the transportation to and from the fishing ground, and vitality assessment, length measurement and tagging. This group controlled for transport and assessment when held up against control group 1. Plaice in control group 3 (S84) were caught with the commercial trawler (short hauls) and entered the experiment without acclimatisation. This group controlled for the same as control group 2 in addition to the fishing process and commercial handling. A fourth control group was added during the winter sub-cruises to disentangle the effects of transportation and fish assessment. Plaice in control group 4 (land+tag) were caught by Havfisken and acclimatized beforehand, and experienced the assessment and tagging procedure, but no transportation process.

Analysis

A Weibull mixture model was used to estimate survival probabilities including uncertainty from the fish selection when appropriate, i.e., when the covariate of interest was dependent on individual fish, the haul selection and the conditions of the captivity experiment, and investigate the effect of air exposure, bottom temperatures, and fish length on survival (Benoît et al., 2012; Benoît et al., 2015; Morfin et al., 2017a, see Annex for more details). Information on other operational and environmental factors, i.e., haul duration, fishing depth, cloud cover, sea state, wind force and wind direction, were collected but not included in the modelling approach as data exploration showed no relationship or high correlation with the already chosen explanatory variables.

Results

Data collected

The operational conditions during the experimental trials are given in Table 2.

Table 2. Characteristics of the control and experimental hauls, separated by season, target species and haul type (control, experimental). Values shown as mean (min-max).

Condition Hauls Haul duration Catch weight Bottom temp. Fish length Number of (min) (kg) (°C) individuals (sampled) sampled (cm)

Summer

Plaice

Control 6 15 (13-16) 47 (30-60) 14 (10-17) 60 22.4 (14-27)

Experimental 12 141 (37-185) 387 (65-1509) 14 (10-17) 333 23.4 (17-26)

Winter

Nephrops

Control 2 18 (16-19) 38 (30-45) 6 (6-7) 10 22.3 (20-24)

Experimental 4 210 (180-239) 375 (200-500) 7 (7-7) 274 22.2 (11-26)

Winter Plaice 10 Control 2 18 (16-19) 4 (2-5) 6 (6-7) 22.3 (20-26)

Experimental 6 181 (177-185) 150 (100-200) 7 (6-7) 279 22.1 (13-26)

Survival of the control groups

The survival of the four control groups were high, but there might be some influence of transportation on survival (Table 3).

Table 3. Survival of the control groups, separated by season and target species.

Number of Season Target Control group Observed survival individuals

Control 1 (land) 50 1.00

Summer Plaice Control 2 (HV) 60 0.92

Control 3 (S84) 60 0.87

Control 1 (land) 16 1.00

Winter Nephrops Control 2 (HV) 10 1.00

Control 3 (S84) 10 1.00

Control 4 (land+tag) 16 0.94

Control 1 (land) 10 1.00

Control 2 (HV) 10 1.00 Plaice Control 3 (S84) 16 1.00

Control 4 (land+tag) 16 1.00

Overall survival rates by season and target species for the commercial standard codend

Regarding the commercial standard codend (90mm diamond), the mean survival rate for undersized plaice was higher in the winter than in the summer, respectively 44% (95%- confidence interval: 37-52) and 75% (67-83%) (Table 4). A lower survival at higher temperatures was observed in previous studies. The mean survival rate for undersized plaice commercially caught when targeting Nephrops was lower than when targeting plaice, as observed in the winter, reaching survival rates similar to those when targeting plaice in the summer, i.e., 41 (28- 57) % (Table 4). The larger amount of Nephrops in the catch caused more damages to the fish by friction in the codend, leading to higher mortalities.

Caution must be made when doing direct comparisons. Mean discard survival (with uncertainty estimates) are limited by the conditions during the trials, especially by the factors found to affect the survival rates.

Table 4. Estimated overall survival rates in % with 95%-confidence interval (* including uncertainty from the haul selection and the conditions of the captivity experiment when the chosen covariates did not depend on the fish selection, ** including uncertainty from the fish selection, the haul selection and the conditions of the captivity experiment) of undersized plaice in the Skagerrak for the OTB targeting plaice and Nephrops in the summer and winter for the standard commercial codend.

Target: Plaice Target: Nephrops

Summer 44 (37-52*, n=333) -

Winter 75 (67-83**, n=142) 41 (28-57*, n=123)

Effects of operational factors on discard survival for the commercial standard codend

In the summer when targeting plaice, discard survival was affected by air exposure duration (Table 5). This was not observed in winter, also when targeting Nephrops, as discard survival was primarily driven by damages/loss of reflexes in an overall cold/mild environment.

The length range of the sampled fish was limited in the summer but larger in the winter, explaining why this biological factor had an effect in the winter only (Table 5).

Table 5. Effects of operational, environmental and biological covariates on the parameters of the fitted survival function and mixture proportion for discard survival of undersized plaice caught by a Danish otter trawler targeting plaice and Nephrops with a standard commercial codend in the summer and winter. Only the mixture proportion affects the overall survival estimate (as observed at the end of the experiment when an asymptote is reached).

Target Season Survival function (α, γ) Mixture proportion (π)

Summer - Operational: Air exposure Plaice Operational: Sorting order Winter Biological: Fish length Biological: Fish length

Operational: Sorting order, fail due to bad Nephrops Winter - weather condition

Note the caution mentioned in the above section when comparing overall mean survival rates. Because overall survival rates estimated above are, for some, dependent on the number of observed fish for each level of the selected covariates, we also predicted survival rates for given values of the selected operational covariates independently, within the ranges of the experimental data, i.e., air exposure from 0 to 62 min for OTB targeting plaice in the summer (Fig. 5).

Fig. 5. Discard survival as a function of air exposure (black) with 95% confidence intervals estimated by parametric bootstrap accounting for variability from the captivity experiment (grey) for undersized plaice caught by the OTB targeting plaice in the summer.

Effect of the modified codend on discard survival

Discard survival in the context of the Danish demersal mixed otter trawl fishery

Fleet description: number, size and power of the vessels in the Skagerrak and North Sea

The OTB fleet in the MCD fishery in Skagerrak counts 102 vessels in the size range 11.00-19.99 m and power range 67-365 kW (2017, logbook database). The same fleet segment in the North Sea counts only 11 vessels (size and power ranges of 11.00-16.99 m and 126-365 kW, respectively; 2017, logbook database) (Fig. 8).

Fig. 8. Number of Danish vessels in the OTB fleet by length category in m by area and mesh size (2017, logbook database). The dashed black line represents the length of the vessel used in the experiment (S84). In brackets in the legend is the average vessel length for each area and mesh size.

Fig. 9. Number of Danish vessels in the OTB fleet by power category in kW by area and mesh size (2017, logbook database). The dashed black line represents the power of the vessel used in the experiment (S84). In brackets in the legend is the average vessel power for each area and mesh size.

Catch data: catch pattern and seasonality

Plaice and Nephrops are caught year round both in the Skagerrak and the North Sea (Fig. 10 and 11). However, fish and Nephrops are usually caught on separate fishing operations (Fig. 10), which should be highlighted as the presence of Nephrops in the catch can increase damages and therefore fish mortality (Karlsen et al. 2015). I.e. when Nephrops dominates the catch the proportion of plaice is low and vice versa.

Fig. 10. Proportion of plaice and Nephrops in the total catch when targeting plaice (high proportion of plaice) and Nephrops (high proportion of Nephrops) by month for the Danish OTB fleet separated by area (2015-2017, logbook database).

In the Skagerrak, the largest landings of plaice take place in the autumn and winter. In the North Sea, the largest landings take place in the summer, but are all year round at least as big as in the Skagerrak (Fig. 11). Although discard ratios of plaice are usually higher for smaller mesh sizes, i.e. often targeting Nephrops in all seasons except for autumn in the Skagerrak (Fig. 11), absolute numbers of discarded plaice are usually higher when the proportion of plaice in the total catch is larger, i.e., using larger mesh sizes. The proportion of unwanted catch of plaice is on average 60.4% in volume with 90119 mm mesh size and 7.4% with >120 mm mesh in the Skagerrak, and 40

6.4% in volume with 90-119 mm mesh size and 3.4% with >120 mm mesh in the North Sea (data from the Data Collection Framework database from 2015-2017).

Fig. 11. Total landed catch in tons (light grey), plaice landed catch in tons (dark grey) and discard ratio (boxplot) by month for the Danish OTB fleet by area and mesh size (2015-2017, logbook database, Data Collection Framework database).

Biological and operational factors influencing discard survival

All biological and operational factors of the experiment were representative of commercial practices in Danish waters. All our sampled plaice were representative of the biological conditions at the time of the experiment, i.e., in line with the length distribution of the fish discarded in the fishery between 2015 and 2017 (Table 2, Table 6).

Air exposure is in close relation to sorting time. The sorting times during the experimental trials were within commercial practices, as discussed with the crew and the DFPO. There is no data available on the sorting times at the fleet level from which we could assess the proportion of hauls with sorting times within the range of sorting times included in our study. The sorting time depends on catch weight (and thus also vessel size) and composition, and the size of the crew onboard the vessel. Experience from DTU-Aqua observers at sea programme suggests that in commercial conditions, sorting time is up to 1 h depending on catch weight when plaice is the main target species, and up to 2.5 h when Nephrops is the main target species. A proxy for sorting time is catch weight. For hauls, conducted between 2015 and 2017 in the Skagerrak, the average catch weight per haul for trawlers using mesh sizes ≥120 mm (i.e. mainly targeting plaice or roundfish) was 674 (53-2957) kg (Table 6). For trawlers using mesh sizes <120 mm (mainly targeting Nephrops), it was 559 (121-2236) kg (Table), i.e. catches of our experiment (Table 2) are within the range of these values. 41

Table 6. Characteristics of commercial hauls conducted between 2015 and 2017 (Data Collection Framework database). Values shown as mean (min-max).

Area Mesh size Haul duration (min) Catch weight (kg) Length of plaice discarded (cm)

<120 mm 248 (142-300) 559 (121-2236) 23 (11-37) Skagerrak ≥120 mm 215 (75-300) 674 (53-2957) 25 (13-39)

<120 mm 296 (290-299) 985 (226-1932) 26 (18-40) North Sea ≥120 mm 258 (34-300) 1643 (175-4949) 26 (17-39)

Discard survival rates with respect to the amounts discarded in the fishery

Discard survival of undersized plaice caught by a standard commercial codend (90mm diamond) by a Danish otter trawler was higher in winter and when targeting plaice. In the Skagerrak, this is also when the amount of discarded individuals is the highest compared to when targeting

Nephrops or in the summer. In the North Sea, the discard ratio is low when targeting plaice.

References

Benoît HP, Hurlbut T, Chassé J (2010) Assessing the factors influencing discard mortality of demersal fishes using a semi-quantitative indicator of survival potential. Fisheries Research, 106, 436-447.

Benoît HP, Plante S, Kroiz M, Hurlbut T (2013) A comparative analysis of marine fish species susceptibilities to discard mortality: effects of environmental factors, individual traits, and phylogeny. ICES Journal of Marine Science 70(1):99-113. doi: 10.1093/icesjms/fss132

ICES (2014) Report of the Workshop on Methods for Estimating Discard Survival (WKMEDS), 17– 21 February 2014, ICES HQ, Copenhagen, Denmark. ICES CM 2014/ACOM:51. 114 pp.

ICES (2017) ICES Advice on fishing opportunities, catch, and effort. Greater North Sea Ecoregion.

Plaice (Pleuronected platessa) in subarea 4 (North Sea) and subdivition 20 (Skagerrak). doi:

10.17895/ices.pub.3529

Karlsen JD, Krag LA, Albertsen CM, Frandsen RP (2015) From Fishing to Fish Processing: Separation of Fish from Crustaceans in the Norway Lobster-Directed Multispecies Trawl 42

Fishery Improves Seafood Quality. PLoS ONE 10 (11): e0140864. doi:10.1371/journal.pone.0140864

Morfin M, Méhault S, Benoît HP, Kopp D (2017a) Narrowing down the number of species requiring detailed study as candidates for the EU Common Fisheries Policy discard ban. Marine Policy 77:23-

29. doi: 10.1016/j.marpol.2016.12.003

Morfin M, Kopp D, Benoît HP, Méhault S, Randall P, Foster R, Catchpole T (2017b) Survival of European plaice discarded from coastal otter trawl fisheries in the English Channel. Journal of Environmental Management 204: 404-412. doi: 10.1016/j.jenvman.2017.08.046

Appendix to annex D on plaice survivability

Parametric Weibull mixture distribution model

A parametric Weibull mixture distribution model was used, allowing some proportion of individuals to survive (Benoît et al., 2012; Benoît et al., 2015; Morfin et al., 2017a). The probability that a fish was mortally affected by capture, handling and discarding is π. For those affected fish, according to the shape of the non-parametric Kaplan-Meier curves (Kaplan and Meier, 1958), a reasonable model for the survival function is a two-parameter Weibull distribution, with parameters α (the scale, with α>0) and γ (the shape, with γ >0). Natural mortality is considered negligible at the time scale of the observation period, and therefore the survival rate is expected to eventually converge to an asymptote 1 – π (for further detail, see Benoît et al., 2012; Benoît et al., 2015; Morfin et al., 2017a).

Explanatory variables (e.g., air exposure, fish length, bottom temperatures) were tested as covariates on the three parameters describing the survival model, i.e., α, γ and π (for further detail, see Benoît et al., 2012; Benoît et al., 2015; Morfin et al., 2017a).

Model parameters were estimated by a maximization of the model likelihood using a quasi- Newton optimization algorithm (Byrd et al., 1995).

Model selection and validation

An information-theoretic approach was used to identify which of the covariates were important determinants of survival probability using Akaike Information Criterion (AIC) (Akaike, 1981; Burnham and Anderson, 2002). Models with a relative difference in AIC less than two with the model with the lowest AIC could be interpreted as having similar support in the data, while larger values suggested less support for the competing model (Burnham and Anderson, 2002). Among all models with a relative difference in AIC less than two, the simpler model was then selected as the best model. Model fit was assessed visually by superimposing the predicted survival curves on the non-parametric Kaplan-Meier curves (Morfin et al., 2017a; Morfin et al., 2017b).

Model estimation and confidence intervals providing with an overall survival rate for the observed fisheries. Confidence intervals of the survival rates were estimated by a parametric bootstrap based on Monte Carlo simulation with 5000 iterations (Benoît et al., 2012; Benoît et al., 2015; Morfin et al., 2017a). At each iteration, based on asymptotically normal behavior of the maximum likelihood estimators, the regression parameters were simulated according to a multivariate Gaussian distribution (for further detail, see Benoît et al., 2012; Benoît et al., 2015; Morfin et al., 2017a). Uncertainty due to the selection of hauls was estimated by randomly re- sampling m hauls with replacement from the m observed hauls. The observed fish were re- sampled to capture the variability due to the selection of fish in each haul, only when the covariates in the chosen best model depended on the sampled fish, i.e., fish length. These steps

were repeated 5000 times. The overall survival rate was given as the median, and its 95%- confidence interval as the range between the 5th and the 95th centile.

Model prediction and confidence intervals for assessing operational covariate effects on survival rate

Overall survival rates for each gear estimated above are dependent on the number of observed fish for each level of the selected covariates. Thus, we also predicted survival rates for given values of the selected operational covariates independently, within the ranges of the experimental data, i.e., air exposure from 0 to 62 min for OTB targeting plaice in the summer. Survival was estimated at the asymptote, i.e., calculated as 1- π. As previously, confidence intervals of the survival rates were estimated by a parametric bootstrap based on Monte Carlo simulation with 5000 iterations, but we accounted only for the variation of the regression parameter π, similarly simulated according to a multivariate Gaussian distribution. Survival rate was also given as the median, and its 95%-confidence interval as the range between the 5th and the 95th centile of the 5000 iterations.

References

Akaike, H. 1981. Likelihood of a model and information criteria. Journal of Econometrics, 16: 3- 14.

Benoît, H. P., Capizzano, C. W., Knotek, R. J., Rudders, D. B., Sulikowski, J. A., Dean, M. J., Hoffman, W., et al. 2015. A generalized model for longitudinal short- and long-term mortality data for commercial fishery discards and recreational fishery catch-and-releases. ICES Journal of Marine Science, 72: 1834-1847.

Benoît, H. P., Hurlbut, T., Chassé, J., Jonsen, I. D. 2012. Estimating fishery-scale rates of discard mortality using conditional reasoning. Fisheries Research, 125-126: 318-330.

Byrd, R. H., Lu, P., Nocedal, J., Zhu, C. 1995. A Limited Memory Algorithm for Bound Constrained Optimization. SIAM Journal on Scientific Computing, 16: 1190-1208.

Kaplan, E. L., Meier, P. 1958. Nonparametric Estimation from Incomplete Observations. Journal of the American Statistical Association, 53: 457-481.

Morfin, M., Kopp, D., Benoît, H. P., Méhault, S., Randall, P., Foster, R., Catchpole, T. 2017a. Survival of European plaice discarded from coastal otter trawl fisheries in the English Channel. Journal of Environmental Management, 204: 404-412.

Morfin, M., Méhault, S., Benoît, H. P., Kopp, D. 2017b. Narrowing down the number of species requiring detailed study as candidates for the EU Common Fisheries Policy discard ban. Marine Policy, 77:

23-29. 45

Annex E - High survival exemption for plaice in the TR1 and TR2 fishery in ICES area 4 in the summer months – Data from Cefas

Request under Article 15.4(b) of Regulation (EU) 1380/2013 to exempt from the landing obligation plaice caught by otter trawls in ICES area 4.

In the framework of the Landing Obligation and in accordance with article 15 of regulation (EU) n01380/2013, the Scheveningen Member States Group proposes a high survivability exemption for plaice. It has to be noted that the discard plan introduced for the North Western Waters in 2019 includes a high survivability exemption for plaice caught with otter trawls in 7d, e, f, g.

Summary

Article 15.4(b) of Regulation (EU) 1380/2013 on the Common Fisheries Policy states that the landing obligation shall not apply to:

“Species for which scientific evidence demonstrates high survival rates, taking into account the characteristics of the gear, of the fishing practises and of the ecosystem;”

In response to industry’s view that plaice has a high rate of survival, the Centre for Environment, Fisheries and Aquaculture Science (Cefas) was commissioned to carry out a number studies on high survivability of plaice.

The Scheveningen regional group notes that scientific evidence demonstrates a survivability rate of 42% for plaice (Pleuronectes platessa) caught by otter trawls vessels in area 4 and recommends that catches of plaice caught in areas 4 should be exempt from the landing obligation on grounds of high survival rates, as provided for by Article 15.4(b) Regulation (EU) 1380/2013.

Estimated volume of discards

This exemptions is requested for Plaice (Pleuronectes platessa) in ICES areas 4.

Species as Number of Landings (by Exemption Estimated Estimated Discard Survival Country bycatch or Vessels LO subject applied for Discards* Catch* Rate* rate target subject to LO Vessels)

FR BC 170 Bottom trawls with mesh size 28 798 t 8 003 t 36 801t 22% 42% DK ≥80 mm

NL Scottish seines 42%

* Based on STECF data (average 2013-2016)

Definition of the species and the stock

Plaice (in Subarea 4 (North Sea) and Subdivision 20) : The spawning-stock biomass (SSB) is well above

MSY Btrigger, and has markedly increased since 2008, following a substantial reduction in fishing mortality (F) since 1999. Since 2009, fishing mortality (F) has been estimated at around FMSY.

Definition of the management unit

Characteristics of otter trawls TR2 and TR1 fisheries and their activities

The trawlers with a codend mesh size range 70-99mm represent the most widespread fishery in the North Sea. The main fishing areas are localized in ICES 3a and 4bc.

The TR2 fishery in the North Sea and the eastern English Channel is mainly characterized by: the fishery for Norway lobster (termed 'Nephrops') distributed patchily throughout the North Sea and Skagerrak, the mixed fishery targeting whiting and non-quota species, taking place in the more southerly parts of the North Sea and centred on the eastern Channel and operated mainly by French trawlers, the mixed demersal fishery centred on the Skagerrak and prosecuted by Denmark and Sweden. In the Skagerrak, also a directed Nephrops fishery with sorting grid (70-89 mm mesh size) is prosecuted by Swedish vessels (Discard Atlas of North Sea fisheries, 2014).

The French vessels of this fishery use mainly bottom otter-trawl, but can also use otter twin trawls. In 2016, 170 vessels were having this activity, mainly in the South of the North Sea (Cornou et al. 2017). The mesh-size used range from 80 to 99 mm (mainly 80 mm; Cornou et al., 2017) to fit the Cod Plan. The fishing operations occur in depth ranging from 20 to 90 m, and last between 45min and 4 hours. Fishing trips duration are variable, from 12h to 7 days (3 days in average), depending on the size of the vessels, the targeted species, the seasons, the weather forecast or even the harbour. A large part of the fleet also operates in the Eastern Channel, regularly during the same fishing trips.

The main target species of this French mixed fishery in the North Sea are diverse and consist of quota species, like whiting, and non-quota species (cephalopods, red mullet, gurnards, etc.). These species are often spatially and temporally associated.

For the characteristics of the Danish fleet see Annex D

Study

The vessel selected for this study was a twin-rig otter mixed demersal trawler, with a codend mesh sizes of 99mm and 90mm (TR2) that worked from North Shields on the north-east coast of England and targeted mainly whiting. The vessels measures 17.8m in length overall and usually undertake one day trips. All tows (3 hours duration) took place in the North Sea, at the southern edge of the Farne Deep fishing ground (ICES 4b, 39E8, 38E8).

Figure 1. The locations of the hauls observed in this study (Case 1) on plaice high survival in otter trawls.

The demersal fishery is mixed but the main targets species is whiting. The vessel used a 73m footrope on muddy sand in depths of 49-90m.

Figure 2. Length frequencies of plaice in otter trawl catches and held for observation

Data collection

All plaice caught were recorded by length. Each individual fish was measured and scored using a predefined assessment protocol developed methods described in the ICES WKMEDS 2014 report and refined in the Cefas laboratory using aquarium kept plaice. Vitality was assessed using a semi- quantitative assessment of activity and a quantitative reflex and injury scoring method.

Vitality assessment

A total of 1 462 plaice were caught. Figure 3 and Table 1 set out the vitality assessment and survival probability of the caught plaice at the point the fish would have been discarded. Fish were then held in captivity for 105-120 hours.

Figure 3. Number of plaice in total catch assessed with each vigour vitality category (at the point the fish would have been discarded)

Table 1. Survivability and catch profile of study by vitality assessment for plaice (survival rate after a captivity of 105-120 hours)

Proportion of fish at each Survivability probability Vitality assessment vitality (%)

Excellent 0.5 63.5

Good 0.25 25.8

Poor 0.14 30.0

Moribund 0.12 0

Dead 0.0 -

Results

When weighted to the proportion of fish in each vigour category in the total catch, the estimated survival in the observation period was 42.0%. Forecast survival probability beyond the observation period was 18.8-20% based on the two extension models, (see below). This was lower because the rate of mortality had not reached an asymptote or slowed substantially within the observation time.

Figure 4. North Sea mixed demersal otter trawl fishery - Kaplan-Meier survival estimates by SQA

Legend: black - excellent, blue - good, pink - poor, red - moribund

Limits

The study identified a number of potential stressors on the captive fish associated with the methodology in this study, which are likely to have resulted in experimental induced mortality and therefore underestimated survival. Specifically these stressors included:

• Handling fish to conduct the vitality assessments, length measurements and to put fish into the on-board tanks

• Captivity in the on-board tanks (movement caused by vessel movement; proximity with other fish; serial flow of water from top to bottom tank)

• Stopping water flow to on-board tanks on approach to port until docked (reducing dO2)

• Transfer of fish into tubs (handling of fish)

• Carrying tubs off the vessel and transporting, by van, to onshore holding tanks (increased temperature, reduced dO2, movement)

• Handling the fish to transfer into onshore tanks

• Adjusting to salinity and temperature

• Monitoring captive fish using tail grab

Although the control experiment indicated that the onshore tanks did not induce mortality, this was based on a constant supply of seawater to the tanks. In this case study, there were considerable problems in maintaining water flow to the tanks. Because of those problems, sometimes the pump 51

stopped feeding the reservoir tanks meaning that there were occasions in which the fish may have had no water flow for up to six hours. These incidents happened at the start of the case study and also the dissolved oxygen went low on one occasion. This will have induced additional stress on the captive fish. Indeed, even if there was no obvious associated between the times the pump was not functioning and an increase in mortality, the effect may not have been instantaneous.

Conclusion

The Scheveningen group believes that the fishing practices in this study resulting in survival rates of 42% for bycatches of plaice are representative of general fishing practices by the vessels fishing for demersal species using otter trawls in ICES areas 4.

Moreover, this exemption will give consistency to the survival exemption granted for plaice caught with otter trawl in ICES area 7d, e, f, g. Indeed, a significant part of the fleet operates, during the same fishing trips, in the North Sea and in the Eastern Channel. It has to be noted that a similar exemption is requested by the North Western Waters group for Plaice in the TR1 and TR2 fisheries in Area 7a-c and 7f-k.

On this basis the Scheveningen group would like to request a high survival exemption for plaice caught by otter trawls (OTB, OTT, PTB, OT) in ICES Areas 4.

Annex F – Comparability of trawl of mesh sizes 80-99mm equipped with SELTRA in 3a and Scottish seine in the North Sea to gears covered by existing exemptions for plaice

Information pending

Annex G – High Survival exemption for Plaice beam trawl

The annex includes:

Appendix 1 – Progress report from Belgium Appendix 2 – Progress report from the Netherlands

APPENDIX 1: Belgium - Progress report and future work on technical measures for Temporary high survival exemption for plaice below MCRS caught by 80-119mm beam trawl gears (BT2) in ICES area 4 Introduction

The table below gives an overview of information of the proposed high survival exemption for plaice below MCRS caught by 80-119mm beam trawl gears (BT2) in ICES area 4.

Table 1: overview of information of the proposed high survival exemption for plaice (source: ILVO, March 2019)

Status of the stock of plaice in subarea 4 (North Sea) and Subdivision 20 (Skagerrak)

The spawning-stock biomass (SSB) is well above MSY Btrigger and has markedly increased since 2008, following a substantial reduction in fishing mortality (F) since 1999. Recruitment has been fluctuating around the long-term average since the mid-1990s. Since 2009, fishing mortality (F) has been estimated at around FMSY.

Figure 1: Plaice in Subarea 4 and Subdivision 20. Summary of the stock assessment. Shaded areas (F, SSB) and error bars (R) indicate ±2 standard errors (approximately 95% confidence intervals) (ICES, 2018a).

ICES assesses that fishing pressure on the stock is below FMSY, Fpa, and Flim; spawning-stock size is above

MSY Btrigger, Bpa, and Blim.

Table 2 summarizes the state of the stock and fishery relative to reference points (ICES, 2018a).

Based on the status of the stock in 2018, ICES advised that when the MSY approach is applied, catches in 2019 should be no more than 142 217 tons. The final TAC as decided during the Council of 17 and 18 December 2018 is 125 435 tons1. The Belgian share is 5694 tons.

1 Council Regulation (EU) 2019/124 of 30 January 2019 (Official Journal of the EU 31.01.2019 , L29)

The Belgian fishery and technical improvements

The Belgian fishing fleet is a relatively small fleet with a total number of 68 active vessels (as of 1st January 2019), but its activity is widespread with fishing in the North Sea and the English Channel as well as in the Western waters and the Bay of Biscay. The fleet consists of vessels of either less or equal than 221 kW engine power or more than 221 kW and is segregated therefore in a small (KVS) and large (GVS) fleet segment, respectively.

To improve avoidance, selectivity and survival of unwanted bycatch, different measures could be implemented. The effectivity varies mainly according to the type of fishery gear used and the species fished for. Since January 2016 all Belgian beam trawlers are obliged to use the ‘Flemish panel’, a 3-m long, large-mesh panel (120-mm) in front of the codend to reduce the retention of sole smaller than the MCRS2. The introduction of the Flemish panel has had the consequence that there was 40% less sole under the MCRS in the net. On the other hand also perfect marketable sole (>24cm) was lost (16%)3.

In addition, the deployment of devices in beam trawls that reduce the capture of stones and debris may contribute to an improved survival of discards.

Either one of the following, two technical alterations to beam trawls have to be used in the commercial beam trawl fishery since January 1st, 20194.

1. A flip-up rope rigged on top of the bobbin rope in the net opening; or 2. A benthos release panel, a square mesh panel inserted in the belly of the trawl, just in front of the Flemish panel.

The Institute for Research on Agriculture and Fisheries (ILVO) was asked to set up a project for the monitoring of survivability (EMFF project ‘Survival Monitoring - Overleving Monitoren’). This monitoring has a double objective:

1. to investigate the effect of the 2 technical alterations (flip up rope and BRP) in the large fleet segment (engine power >221 kW) on the survivability of plaice;

2. to formulate some recommendations to improve the survivability of plaice, based on new data.

2 Ministerial Decree of 22 December 2015 (article 5, item 8), Flemish authorities (“Ministerieel besluit houdende tijdelijke aanvullende maatregelen tot het behoud van de visbestanden in zee”)

3 Scientific report ILVO Fisheries, January 2016, Depestele, Polet, Vanderperren

4Belgium introduces on the 1st of January 2019 by ministerial Decision those measures for its entire concerned fleet segment with immediate effect on survivability (Ministerial Decree of 19 December 2018)

Large fleet segment

ILVO has the intention to collect in the timeframe 2019 to 2021 new data5. During this period two elements will be explored:

 Which are the possible technical innovations to improve the survivability of plaice? Different commercial fishing trips will be organized to collect additional data. Additionally, during different campaigns with the Research Vessel (RV) Belgica additional research will be carried out on the subject of survivability (‘Combituig’)6.  ‘What is the effect of the introduction of the 2 technical measures (flip up rope and BRP) in the big fleet segment on the survivability for plaice caught by Belgian beam trawl vessels?’ As a result of the new data and insights, recommendations to improve the survivability of plaice (and other commercial species) can be formulated (Survival Monitoring - Overleving Monitoren)’.

Figure 2: Chain matrix beam trawl rigged with a flip-up rope

5 EMFF project ‘Survival Monitoring - Overleving Monitoren’, approved at national level the 14th of February 2019

6 EMFF project Combituig, approved at national level in September 2017

1.20 m

m 1.80

Benthos release Flemish panel (BRP) panel

Cod- end 4.5m long

Figure 3: Benthos release panel (BRP) rigged into a beam trawl

The benthos release panel is an escape or release window rigged in the belly of the trawl. The panel is usually fitted just in front of the cod-end but for the case of the Belgian beam trawl, just in front of the Flemish panel.

This panel can be constructed from any netting material with dimensions 1.20m x 1.80m. The meshes are square, and can be constructed from any type of material. By Ministerial Decree the mesh sizes used has to be 170 mm (square opening of ± 120 mm x 120 mm).

The selectivity and lifetime of the panel strongly depends on how it is rigged into the belly. If slack occurs as a result of inappropriate rigging (not well stretched or too much slack in belly of the round net in front of the square panel), catch will accumulate in front and on the panel creating ‘bag formation’. This will result in damage of the panel and allow commercial sole to escape more easily by swimming horizontally through the meshes of the bended panel.

The efficiency of the panel is proportional to the amount of catch passing over it. It therefore increases the more the BRP is located to the back of the trawl where the net is smallest and is thus

ideally situated exactly in front of the cod-end in the Flemish panel7.The importance of the use of a flip up rope or a BRP can be distracted out of the figure beneath.

ILVO did in 2018 some research on the influence of some variables on the survivability of flatfish.

For sediment type, if catches were scored as having >25% in volume stones or sand or both present, the conclusion was that survival probability for fish was lower. Based on these results, it could be expected that the use of a flip-up rope ore BRP has a significant influence on the amount of benthos or debris caught in the net.

Figure 4: Non-parametric Kaplan-Meier survival probability estimates based on monitoring over time (between 9 and 20 days) (%) at a corresponding level of an potentially explanatory variable such as sediment catch (sediment type 0 :< 25% stones and/or < 25% sand; 1 : > 25% sand; 2 : > 25% stones; 3 : > 25% sand and stones)(source: ILVO report ‘survival of plaice caught by Belgian Beam trawlers’, 2018/04/09)

Figure 4 demonstrates that the survival probability estimates after 10 days are about ten times higher in cases where sediment content is below 25% stones and/or below 25% sand in comparison with cases where sediment content is above 25% stones or above 25% sand or above 25% sand and stones.

7 Source: Short note on the potential to increase survival of discards by technical measures in beam trawls (ILVO) (version 26/03/2019)

Small fleet segment

In the Joint Recommendation submitted to the EC on the 3rd of August 2018, the Scheveningen Group requested that the smaller BT2 vessels, with an engine power of not more than 221kw or less than 24m in length overall, which are mainly constructed to fish in the twelve mile zone, can use the temporary exemption for high survivability for flatfish if the average trawl duration is less than ninety minutes.

In the past ILVO did at sea sampling and analysis on survivability8. Commercial vessel operators were invited via an open letter to participate in a survival project. Five trips were done with a commercial coastal beam trawler and five with a Eurocutter (small fleet segment) targeting sole in waters of the Southern North Sea and English Channel between November 2014 and September 2015.

Data were analyzed for immediate and delayed mortality. Immediate mortality was analyzed as a function of independent biological, technical and environmental factors such as single gear weight, beam length, gear deployment duration (Figure 6).

8 Source: ILVO, report ‘survival of plaice caught and discarded by Belgian beam trawlers’ (ILVO, 2018/04/09)

Figure 5: Average immediate mortality (%) per monitored trawl in relation to gear deployment duration (in min). Dashed red line indicate 95% confidence interval around the smoother line (red); green line corresponds to a linear regression line (source: ILVO, report ‘survival of plaice caught and discarded by Belgian beam trawlers’, ILVO, 2018/04/09).

Data collection

On the request of the Flemish Department of Agriculture and Fisheries (Landbouw en Visserij), ILVO has developed a three year (2019-2021) roadmap to gather additional survival data and to do further analyses on existing and new data, for plaice in the North Sea 4a & 7d and 7fg. The roadmap consists of research done through several ongoing and starting projects, all including research on survival.

Previous and new projects relevant for the roadmap are :

o EMFF project “Survival – Overleving ” (period 2014-2016). Survival data for plaice from this project will be further analyzed;

o “EMFF project Afzetmarkten” (period 2017-2018). Survival data for plaice from this project will be further analyzed;

o “Overleving platvis en rog”. This project by Wageningen Marine Research (WMR) focused on the survival of different flatfish and rays in pulse trawl fisheries. ILVO has collaborated by analyzing the dataset to explore the link between vitality indices and survival;

o EMFF project “Survival Monitoring - Overleving Monitoren” : period 1/01/2019 - 30/06/2021. This new project will focus on plaice (P. platessa) and turbot (S. maximus). Additionally, a desktop study on the distribution of landings and discard data for cuckoo ray (L. naevus) will also be executed.

o EMFF project “Combituig”: period 2018-2020.

o Interreg 2-Seas project ‘Sumaris’: 2018 – 2021. ILVO leads Work Package 2 (WP2) of this project on performing survival experiments for 4 different species of rays (R. clavata, R. brachyura, R. undulata, R. montagui).

Tabel 4 shows the overview of the planning in general of the different projects in which survival is monitored for several species. Table 5 provides an overview of the main objectives and the expected outcomes of the different projects.

Planning projects ILVO 2019-2020

Project January February March April May June July August September October November December

“Overleving Received Rederscentrale: Seatrips monitoren” final First seatrips and trials Planning sea trips Development statistical model (2019-2021) approval

“SUMARiS” Data-check Sea trips Sea trips (2018-2021)- & analysis Data-check & analysis Belgium, France en UK

“Afzetmarkten” Additional statistical analyses dataset survival

(2015-2018) Publish results

Overleving Additional statistical Publish platvis en rog analyses dataset results (OPR) survival

Scientifc Scientifc survey 4 commercial seatrips survival (under “Combituig” survey with with RV Belgica condition extension of project) RV Belgica

Table 3: overview of the planning of different survival projects at ILVO for 2019-2020.

Project Goal Deliverable

1. Monitoring study to determine the effect of the introduction of two technical measures Report with the results of the 12 sea “Overleving (BRP, flip-up rope) in the large-fleet segment of Belgian commercial fisheries on discard trips monitoren” survival of plaice and turbot. Up-to-date recommendations for a (2019-2021) 2. Formulate recommendations for a better survival of plaice and turbot based on the newly better survival of turbot and plaice acquired data and knowledge.

1.Determine robust discard survival rates for 4 ray species (thornback ray, blonde ray, spotted ray and undulate ray) caught by different gears (TBB, OTB, gill-and trammelnets) in the North “SUMARiS” Sea and English Channel. Survival rate test report (2018-2021)- 2. Investigate which factors influence immediate and delayed mortality of rays and provide recommendations for a better survival of these species.

1.Collect additional vitality data from >221 kW beam-trawl segment in North-Western Information nota for the Flemish “Afzetmarkten” Waters government (finished April 2018) (2015-2018) 2. Predict survival based on established RAMP relationship A1 publication (in preparation) 3. Contribute to advise process (meetings, nota’s) re survival, de minimis exemptions

Analysis of the relationship between different vitality indicators (e.g. RAMP-score, vitality Overleving platvis en class, injury score etc.) and survival of different flatfish species discarded by Dutch pulse A1 draft manuscript (March 2019) rog (OPR) trawlers.

(Sub)rapport “Traject C” beschrijving In “trajectory C” of this project ILVO will explore which technical innovations could lead to an en resultaten geteste innovaties m.b.t. “Combituig” improved survival of plaice. overleving en extra onderzoek a/b Belgica (details zie verder) Table 4: Overview of the main goals and deliverables of the different survival projects at ILVO for 2019-2020. 63

For Plaice data will be collected through the projects

 “Combituig”  “Overleving monitoren” (Monitoring survivability- 2019-2021)’

The project “Combituig” focuses on the possible technical innovations to improve selectivity and its ancillary effects on improving possibly the survivability of plaice. For this project 4 commercial fishing trips are planned.

There are several initiatives within ongoing projects to address some of the key questions on how to maximize discard survival of plaice, making efficient and optimal use of resources::

Campaign R/V Belgica (December and February 2019): collecting additional data to explore the link between the RAMP9 method and survivability. Besides, the effect of the catch volume on the survivability was monitored. Re-analysis of empirical data collected in 2014/2015 and 2017/18 concluded , that based on logistic prediction modeling and the observed immediate and delayed (monitored for up to 9 days) mortality estimates from 10 Belgian beam-trawl trips and the observed immediate and predicted delayed mortality from three recent trips. It was estimated that for 50% of the monitored trips, mortality probability may have ranged between 65 and 88% or in other words survival may have ranged between 12 and 35%. Hence, for 50% of the monitored trips, the survival percentage falls within the range of 12-35%, which corresponds to recent estimates for this species caught-and-discarded by beam-trawl gear ( ~19%; van der Reijden et al., 2017).

Under the ‘high survival’ exemption the monitoring of vitality and survival of European flatfish becomes relevant to a discard-intensive beam trawl fishery. The great variation in survivability ratio’s is also an indication that survivability in a high degree is possible. Now we have to look at those parameters that can lead to substantial improvement if the survivability (e.g. shorter haul duration, prevent that more than 25% sand and debris is in the net,…).

Project “Survival Monitoring - Overleving Monitoren” ( 2019-2021)’. This project is a co-operation between ILVO, the fishing sector and the department of Agriculture and Fisheries. The goal is to collect additional data for scientific evidence on the actual discard exemption of plaice and to advise stakeholders to improve survivability of plaice. A project shall be initiated for the duration of two years with 12 fishing trips. This shall be in co-operation with ILVO. During those trips the scientists will perform try-outs with the flip up rope and BRP for the big fleet segment and the maximum haul duration of 90 minutes for the small fleet segment. The results will be delivered in a report. It is also the intention to make some recommendations to improve the survivability rate.

References

ICES. 2018a..Report of the Working Group on the Assessment of Demersal Stocks in the North Sea and Skagerrak (WGNSSK), 24 April–3 May 2018, Ostend, Belgium. ICES CM 2018/ACOM:22.

9 Reflex Action Mortality Predictor

ICES.2018b. Report of the Working Group on Celtic Seas Ecoregion (WGCSE), 9–18 May 2018, Copenhagen, Denmark. ICES CM 2018/ACOM:13. 1887 pp.

ILVO, report ‘survival of plaice caught and discarded by Belgian beam trawlers’, ILVO, 2018/04/09.

Short note on the potential to increase survival of discards by technical measures in beam trawls (ILVO) (version 26/03/2019).

APPENDIX 2: Progress report Netherlands and future work

Temporary high survival exemption for plaice below MCRS caught by 80-119mm beam trawl gears (BT2) in ICES area 4

1. Request The Scheveningen Group recommends a continued exemption from the landing obligation of plaice (under MCRS) caught in 80-119mm beam trawl gears (BT2) in ICES area 4. The request is based on Article 15.4(b) of the Basic Regulation.

The exemption is based on two conditions:

- Roadmap plaice: The first condition has been met when a plaice roadmap was submitted to the European Commission in November 2018 outlining a program for additional selectivity and survivability measures and the phased implementation of a pilot project Fully Documented Fisheries. This roadmap was assessed by STECF in November 2018. - Progress Report: in annex 1 and annex 2, the second condition is met, as evidence is provided of the results achieved so far and the an outline for future work is provided. The exemption is requested for a further two years (end of 2021), which is in line with other exemptions that have been granted. Also, this time period corresponds to the programming period of survivability and selectivity research done by member states and the pilot project Fully Documented Fisheries. Additionally, there is a clear need for a degree of certainty regarding the future situation for fishermen. This is also essential for testing new innovations and developments in fisheries.

2. Background With the full implementation of the landing obligation from 2019 onwards, the regional Scheveningen group recommended a high survival exemption for undersized plaice in the 80mm beam trawl fisheries (BT2). The European Commission granted a temporary high survival exemption of one year until 31.12.2019 on the basis that “member states have the obligation to submit relevant data allowing STECF to fully assess the justification and allowing the Commission to carry out a review. Under those circumstances, the exemption may be applied provisionally until 31 December 2019. Member States having a direct management interest should submit: (a) a roadmap developed in

order to increase survivability, to be scientifically assessed by STECF; and (b) annual reports on the progress and modifications/adjustments made to the survivability programme.”10

The roadmap for plaice was submitted to the European Commission at the beginning of November 2018 and sent to the STECF for evaluation11. In this annex, the report below constitutes the annual report on the progress and modifications/adjustments made to the survivability program in The Netherlands. It includes a review of the research and reports that have concluded in previous years. It also includes an update on the state of play regarding Fully Documented Fisheries as well as a overview and outline of future work until 2021.

3. Characteristics of sole fisheries with beam trawl and 80mm gear and bycatches of plaice The North Sea flatfish fishery is a typical example of mixed demersal bottom-trawl fishery; catches include the flatfish species sole (Solea solea), plaice (Pleuronectes platessa), turbot (Scophthalmus maximus), and brill (Scophthalmus rhombus). More specifically, landings are dominated by plaice and sole, being considered to be the main target species.

Bycatches in sole fisheries with beam trawl and 80mm gear In the fisheries for sole, the legal minimum mesh size in the cod end is 80mm, allowing a substantial part of the undersized sole (<24cm) to escape. Other commercial flatfish species such as plaice, turbot and brill have a different body morphology; being less agile in combination with more prominent spines on their bodies, reduces the chance of escaping through a 80 mm mesh significantly. Hence, the fishery is characterized by high levels of bycatch and discard rates of plaice can be substantial (47% in 2016) (ICES, 2017). Additionally, differences of bycatch by haul can be significant, depending on the spatial distribution of species. In a study looking at spatial distribution of discards, spatial maps show that discards of sole and plaice are relatively evenly spread out in the North Sea, making spatial and temporal measures less effective. Other species such as turbot, skates and rays seem to have a more specific spatial occurrence. 12 In this context, undersized plaice may become a choke-species under the landing obligation, and reducing the fishing mortality on plaice through survivability and selectivity measures has become a high priority. Besides reducing discards to avoid a choke situation, the economic impact of landing all bycatch of plaice would be significant for the entire beam trawl fleet. Studies show that landing plaice would result in an increase of work on board for the equivalent of 3.6 full time fishermen. In addition, on shore handling, sorting and additional logistic processes would increase costs by €1600 per trip, potential income from the landed undersized plaice included13.

10 COMMISSION DELEGATED REGULATION (EU) 2018/2035 of 18 October 2018 specifying details of implementation of the landing obligation for certain demersal fisheries in the North Sea for the period 2019-2021. 11 59th plenary meeting of the STECF, PLEN-18-03, 12-16 November, Brussels.

12 Spatial distribution of the discards of the Dutch beam trawler fleet, 2019. Best Practices, WP3, Wageningen, Wageningen Marine Research (University & Research centre), Wageningen Marine Research report C015/19. 23 pp.

13 REF to follow.

4. State of play: survivability

Survivability studies and vitality index scores in the Netherlands14 Between 2016 and 2018, several projects have investigated four topics related to discards survival of plaice in the 80 mm pulse-trawl fisheries in the North Sea. Results have been published in 2018 and 2019:

1. Estimated of discards survival of flatfish species in conventional pulse-trawl fisheries; 2. Use of vitality index scores as a proxy for discards survival; 3. Factors affecting discards survival. 4. Measures to increase plaice discards survival;

Discards survival of flatfish species and rays

Discards survival probability in conventional commercial 80 mm pulse fisheries was assessed for undersized plaice (Pleuronectus platessa), sole (Solea solea), turbot (Scophthalmus maximus), brill (Scophthalmus rhombus), thornback ray (Raja clavata) and spotted ray (Raja montagui). In total nine sea trips were performed on three commercial pulse-trawlers with three trips per trawler. Sea trips were spread out over the year to account for potential seasonal variation in discards survival. For sole and plaice in the 80 mm pulse-trawl fisheries specifically, the discard survival probability is estimated at 19% (95%CI 13-28%) for sole and 14% (95%CI 11-18%) for plaice. However, survival estimates in the pulse and beam trawl fishery show large variations. The variation is driven by seasonal and environmental conditions.

Vitality index scores The vitality index score method assesses the vitality status of each individual fish by scoring vitality index class, external damage and reflex impairment (Van der Reijden et al., 2017). Reflex impairment and damages can be assessed for all test-fish and summarized in a vitality index score (Molenaar & Schram, 2018). In all species tested, discards survival was strongly affected by fish condition, with large differences in survival probability between fish in best and worst condition. The study recommends that measures aimed at increasing discards survival should focus on improving the condition of discarded fish. Additionally, since catch-processing time seems to have no effect on fish condition nor discards survival, it is recommended that measures aimed at improving the condition of discarded fish focus on the fish capture process in the water rather than catch processing on board.

Factors affecting discard survival The study shows that variation in the observed discards survival was high among the sea trips performed throughout the year. Discards survival probability estimates differed among sea trips in

14 Edward Schram and Pieke Molenaar, 2018. Discards survival probabilities of flatfish and rays in North Sea pulse-trawl fisheries. Wageningen, Wageningen Marine Research (University & Research centre), Wageningen Marine Research report C037/18. 39 pp.

all species except brill. In line with the finding of Van der Reijden et al. (2017) that water temperature affects discards survival, it is considered that the variation in discards survival among sea trips observed in the current study is a reflection of variation in environmental and physical conditions among fishing trips rather than experimental variation.

Measures to increase survival15 Measures to increase discard survival in the 80 mm pulse-trawl fisheries were assessed under commercial fishing conditions using plaice (Pleuronectes platessa) as model species. Measures tested were a water filled hopper (8 sea trips), short hauls (90 instead of 120 min, 4 sea trips) and a knotless cod-end (1 sea trip) with undersized plaice. In total nine sea trips were performed with three different commercial pulse-trawlers. Sea trips were spread over the year to account for potential seasonal variation in discards survival.

 On board handling: water filled hopper The effect of a water filled hopper (compared to a dry hopper) on discards survival was tested on plaice during eight sea trips to cover fishing conditions as they prevail year-round. For all sea trips combined, no significant effect of a water filled hopper on plaice discards survival probability could be detected. The development over time of survival in treatment both with a dry hopper and a water filled hopper are similar.

 Haul duration The effect of short hauls (circa 90 min instead of 120 min.) on discards survival was tested on plaice. Test-fish were collected at the start and the end of the catch-sorting process at the end of the sorting belt. Plaice from hauls of conventional duration (circa 120 min) were collected the haul before or after the short haul during the same sea trip served as conventional reference treatment. For all sea trips combined, no effect of short (90 min instead of 120 min) hauls on discards survival probability could be detected: survival probabilities for plaice discards in these trips were equal at 11% (95% CI 8-15%) for both short and conventional hauls.

Hauls as short as approximately 60 min were previously found to increase survival of plaice discards in the same fishery (Van der Reijden et al., 2017). This suggests that a reduction of haul duration from 120 to 90 min is insufficient to sort such effect on discards survival. The relatively small reduction of the haul duration in our study was deliberately chosen as hauls of 90 min may still be practically feasible for the vessel’s crew if proven to be very effective in increasing discards survival. While reduction of haul duration below 90 min may lead to a higher increase in discards survival, practical implementation is unrealistic in view of the potential reduction of catches due to the reduction of effective fishing time (by approximately 17%) combined with an almost double workload for the crew.

 Gear adaptation: knotless cod-end The effect of a knotless cod-end on discards survival was tested on plaice and sole during one sea trip, including 6 hauls. Based on this single test it seemed clear that the knotless cod-end was not a breakthrough measure with a large positive effect on discards survival. No effect of a knotless cod-end on plaice and sole discards survival probability could be detected.

15 Edward Schram and Pieke Molenaar, 2018. Increasing the survival of discards in North Sea pulse-trawl fisheries Wageningen, Wageningen Marine Research (University & Research centre), Wageningen Marine Research report C038/18. 39 pp.

5. State of play: selectivity

Selectivity: increasing mesh size from 80mm to 90mm (Netherlands) 16 Thorough research has taken place on the effect of increasing the mesh size in the beam trawl fleet targeting sole from 80mm to 90mm. There was an expectation that this selectivity measure would reduce discards of plaice and would thus be a measure to consider when aiming for discard reduction. The research has shown that increasing mesh size from 80mm to 90mm would reduce catches of plaice by 4-25%. However, at the same time, catches of sole would also reduce by 14-25%. This means that by using a 90mm mesh, the ratio between catches of undersized plaice per kilogram of sole is higher than the ratio in the fisheries with 80mm mesh size. This implies that a greater fishing effort is needed with 90mm mesh size compared to 80mm if the entire quotum of sole is to be landed. This would potentially result in greater plaice discards.

A study showing economic impact in the short term (0-5 years) indicates that not only the landing obligation by itself has significant economic impact on the profitability of the beam trawl fisheries (see above) but a shift from 80mm to 90mm would lead to an additional decrease of 10- 20% in the value of landings and also to a significant negative economic result, all things included.17

Reduction of minimum size of plaice. The minimum reference size for plaice is currently 27 cm. An analysis showing the impact of reducing the MCRS of plaice from 27 to 25 cm as a means to alleviate the discard rate and choke risk was conducted in 2018. These results show that adapting the MCRS size from 27 cm to 25 cm would result in a 23% reduction of the total amount of discards of plaice. The study was done for all gears, including beam trawl, otter trawl and Scottish seines.18

6. State of play: Fully Documented Fisheries

State of play

16 Cod-end selectivity for sole (Solea solea) and plaice (Pleuronectes platessa) in North Sea pulse-trawl fisheries, 2018. Best Practices II – WP4 selectivity Wageningen, Wageningen Marine Research (University & Research centre), Wageningen Marine Research report C049/18. 30 pp.

17 Task 3.2 Desk Study: selectivity curves and economic analysis (short term), 23-03-2018;

Cod-end selectivity for sole (Solea solea) and plaice (Pleuronectes platessa) in North Sea pulse-trawl fisheries, 2018. 2019. Best Practices II – WP4 Selectivity Wageningen, Wageningen Marine Research (University & Research centre), Wageningen Marine Research and

Effect on future development of sole and plaice of changing mesh size from 80mm to 90mm in the beam trawl fishery, 2019. Best Practices II – WP2.2 Selectivity Wageningen, Wageningen Marine Research (University & Research centre), Wageningen Marine Research report C016/19. 29 pp.

18 Letter WMR to Visned 30.01.2019

As an important element of the current exemption for plaice, in addition to survivability and selectivity work, The Netherlands have committed themselves to investigate into and start a pilot project on Fully Documented Fisheries. Belgium participates as an observer to this project. The pilot project was originally foreseen to have a step-wise phased implementation of 3 years, in line with the requested duration of the exemption for plaice. The time frame of 3 years for phased implementation was deemed necessary due to:

- The development of the innovative measure of using camera’s to register reliable and realistic data of catches and discards in complex demersal mixed fisheries; - The sensitive nature of placing camera’s on board of fishing vessels; - The need for flexibility and time for adaptive management and processing of results to take place to deliver scientifically sound data and reliable conclusions and; - A degree of certainty for future fishing opportunities and a securing manageable implementation of the landing obligation - especially in the light of required (up front) investments in time, finances, politically and commitment from fishermen to make FDF workable and successful. Despite being granted the exemption for only 1 year, the Netherlands and the NL fishing industry will start the FDF project in April/May 2019. The project will start with 3 fishing vessels and will be gradually increased to 10 by the autumn of 2019 depending on the success of the implementation of FDF as indicated in the roadmap. This gradual approach is necessary due to ensure commitment from the fishing industry and to allow for scientifically sound research setup, reliable results and conclusions. The aims, work packages and development of the pilot project remain the same as presented earlier in the Roadmap Plaice that was submitted in November 2018 to the European Commission and was assessed by STECF (PLEN-18-03).19

Background The goal of the pilot project FDF is to develop the instruments to facilitate research in context of the landing obligation, through automated catch registration of all species, which are subject of the landings obligation, above and below the minimum conservation reference size (MCRS). The following steps (work packages) are part of the pilot project and will commence in 2019:

1. Define catch composition by estimating the catch and discard composition through camera’s on the sorting line through video analysis, validation. 2. Define catch and discard volume by using electronic load cells 3. Automated video analysis: an essential component for possible future upgrading of the project to fleet level 4. Reporting, disseminating results and evaluation.

Dissemination of information and an inclusive process for all stakeholders are a key component of the pilot project. FDF will be a sophisticated catch registration tool to enhance and facilitate research in context of the landing obligation, but will not be developed as a control and enforcement tool.

Therefore, FDF will be an effective method to for enhance catch recording gear innovation trials, survivability studies, and other landing obligation related research, like evaluation of catch avoidance strategies , e.g. changes in fishing behavior. Through FDF, fisheries can be constantly monitored and analyzed, results are available shortly after the trip and are evaluated and discussed to enhance fast development of selective gears. Eventually, FDF will deliver accurate estimations of fishing mortality of the complete catch, i.e. above and below minimum conservation reference size of quota regulated species under the landing obligation (LO).

19 Roadmap Plaice, incl. FDF

Although the introduction of FDF is a condition for a high survival exemption, the pilot project has wider implications than only survivability, and aims to strengthen and enable the implementation of the landing obligation and fisheries management as a whole.

7. Looking ahead: future work The future research work in the Netherlands with regards to sole and plaice will be a continued effort to improve survivability, selectivity and improvement of the knowledge base through Fully Documented Fisheries. This future work will build on the results and experiences of research in previous years. Consistent with these results and remarks by STECF, the research work will, in addition to selectivity and survival, focus on research under water through gear and net adaptations to reduce damage and injuries to fish, ie. through a closed cod end. Under selectivity and survivability work, the following research areas will be covered in a project from March 2019 to end of 2021:

1. Reduction of bycatches of undersized plaice in beam trawl fisheries (BT2); 2. Increasing survivability of undersized plaice in beam trawl fisheries (BT2); 3. Improving the survivability of undersized plaice in beam trawl fisheries by using a closed cod end (BT2); 4. Reduction of undersized bycatches such as undersized whiting in seine fisheries (TR2); 5. Reduction of undersized bycatches such as undersized plaice in fisheries for nephrops (TR2); 6. Under water release of small nephrops in the fisheries on nephrops by further development of SepNep (TR2). 7. Reduction of undersized bycatches such as undersized plaice in fisheries for nephrops (TR2) by separating nephrops and fish with an adaptation of the Swedish grid.

The pilot project Fully Documented will continue in 2020 and 2021.

8. The work packages will be further developed on the basis of preliminary results, adaptive management and the developmental stage of automated recognition and registration of species.

WP Define catch Aim of WP A is to develop Electronic Monitoring capability to A composition sample catch composition, percentage of catch below and above minimum conservation reference size (MCRS) by species and total catch, landing and discard weight registration.

EM generates a vast amount of video data, to be time efficient only a random selection of video data (by haul) will be reviewed to estimate catch composition. Number and lengths per species be recorded. Length weight relations ships are used to covert numbers per species into weights (Coull et al., 1989).

Project management tasks include organizing administration, logistics, communication with project partners, plan meetings, chair meetings, provide meetings notes and agendas, intermediate reporting.

WP Define catch Include automated catch recording to existing EM methodology; B and discard volume 1) investigate the use electronic load cells to weight total catch volume on board, 2) development of automated discard weighing system, i.e. discard valve system, to measure discard volumes on board.

WP C Automated In most cases EM is used as a logbook validation tool, to check video analysis fishers catch records for one or two species. In the proposed FDF set up EM will be used for complete registration of species composition, this leads to a significant increase on the resources needed for video review, and is a potential bottleneck for the

implementation for FDF on fleet level. Therefore, automated identification and automated registration of catch quantities by species through computer vision technology and machine learning techniques (French et al. 2015; Hold et al. 2015) is a key element of this project.

WP Reporting, Evaluation of phase 1 and define the best possible FDF scenario: D disseminating Based on a random selection of video review, catch composition results and is estimated. This catch composition is extrapolated with an evaluation auxiliary variable. Different extrapolation scenario’s with different catch compositions and different auxiliary variables, e.g. catch weight, discard weight, are investigated. Determine the most reliable, accurate and suitable FDF method.

Annex H – High Survival exemption for Turbot Temporary high survival exemption (2020-2021) for turbot caught by beam trawl with a cod end larger than 80mm in ICES area 4

Request under Article 15(4)(b) of Regulation (EU) 1380/2013 to exempt TBB from the landing obligation turbot (Scophthalmus maximus) caught with beam trawl with a cod end larger than 80mm in ICES area 4.

1. Introduction

Turbot is a very valuable fish, caught by beam trawl as a by-catch/by-product in the sole and plaice fishery in the North Sea. Therefore, in normal circumstances, the discard rate for turbot is quite low (less than 10%20). Research has also indicated that the survival rate of turbot varies between 20 – 43%. To complement these data, additional research is foreseen in 2019 – 2021.

2. Status of the stock

Recruitment is variable without a trend. Fishing mortality (F) is estimated to have decreased since the mid-1990s and has been stable for the past ten years, while the Spawning Stock Biomass (SSB) has gradually increased since the late 1990s (Figure 1, ICES, 2017).

20 Report of the Working Group on Assessment of Demersal Stocks in the North Sea and Skagerrak (2018), 24 April–3 May 2018, Ostend. ICES CM 2018/ACOM:21. 1248 pp.

Figure 1 Summary of ICES stock advice for turbot in Subarea 4: catches ( weights in thousand tons), recruitment, relative fishing pressure, and the relative spawning stock biomass of turbot. Catches only represent landings up to 2012. Shaded areas represent 95% confidence intervals. (ICES, 2017)

Table 2 Turbot in Subarea 4. State of the stock and fishery relative to reference points. (ICES, 2017).

Based on the status of the stock, ICES advises that when the precautionary approach is applied, catches should be no more than 4991 tons in each of the years 2017, 2018 and 2019. If discard rates do not change from 2016, this implies landings of no more than 4192 tons.

Discarding for this stock has historically been very limited. However, there are now indications that in the past years discarding has increased as a result of PO measures, for instance the use of larger MCRS, that aim to prevent early exhaustion of the quota.

Currently, the catches consist predominantly of immature fish. This has a negative impact on the potential yield from the stock. As turbot is a fast-growing species, reduction in the exploitation on younger ages would lead to an increase in maximum sustainable yield. Because of TAC constraints Dutch and Belgian producer organizations decided in 2016 either voluntarily or by ministerial decree to adopt minimum landing sizes. This means that younger fish are discarded, and with potentially high survival rates and fast-growing potential contribute to the increase of the biomass of the stock. With the full implementation of the landing obligation on January 1st , 2019 all turbot catches have to be landed because no exemption was granted for this stock. This means that turbot that would have survived in the past no longer contributes to the biomass increase.

3. The Belgian fishery and technical improvements

Turbot is a bycatch in the mixed demersal fisheries mainly targeting common sole (Solea Solea) and European plaice (Pleuronectes platessa). In addition to these main target species, various bycatch species such as turbot, brill and rays are of economic importance to the fishermen as well as of ecological importance for the North Sea ecosystem.

During the Belgian Presidency the meeting of Directors-General for Fisheries in September 2001 in

Ostend paid attention to the Belgian Scientific research study on restocking of turbot at Sea (CLEO21). Earmarked juvenile aquaculture turbots were released at Sea in the Belgian Economic Area, a zone was demarcated (51°12’00 N and 02°45’60 E) where fishing was prohibited, and monitored. The study stipulated, that the restocking trial was a success. Turbot were caught after several months and years. They adapted to the Sea habitat and increased very well in weight. Nevertheless the Meeting of DG for Fisheries concluded, that the potential of restocking could never compete with the biomass increase capacity of the high numbers juvenile turbot caught and discarded. It is hypothesized that turbot, a flatfish without a swim bladder, has a reasonable survivability when capture stress is minimized and they were set back into the water as soon as possible.

Calculations of ILVO on the number of turbot individuals represented in the Belgian discards result in 20.849 ; 48.214 and 51.865 for respectively 2016; 2017 and 2018.

With the new project ‘Survival Monitoring - Overleving Monitoren’ (see also paragraph xxx about high survivability plaice) discard survival estimates of turbot with the RAMP (Reflex Action Mortality Predictor) method will be generated from samples taken during normal commercial fishing activity.

As a condition of the exemption, turbot should be returned whole/undamaged to the sea as swiftly as possible and over the grounds where they were caught.

Several technical modification were introduced by ministerial decision since January 1st, 2019 in the Belgian BT2 fisheries. In the >221 kW engine-power fleet segment, fishing with a flip-up rope or BRP (benthos release panel) was imposed. In the small fleet segment, hauls will have to have a maximum gear deployment duration of 90 minutes. Besides, in the Netherlands, a pilot programme has started to introduce fully documented fisheries on the basis of the temporary exemption for plaice (see paragraph xxx).

4. EU catches of turbot

Most turbot in the BT2 is caught by the Netherlands (74%), Belgium (9%), United Kingdom (8%) and Germany (8%).

Table 1: catches, landings and discards of turbot in kilograms (2017) (source: ICES, 2018)22

21 The project ’Release of reared turbot in Belgian coastal waters as a tool for stock enhancement’ (D. Delbare and R. De Clerck, Department of Sea Fisheries, Ankerstraat 1, 8400 Ostend, Belgium) is attached to this annex.

22 Report of the Working Group on Assessment of Demersal Stocks in the North Sea and Skagerrak (2018), 24 April–3 May 2018, Ostend. ICES CM 2018/ACOM:21. 1248 pp.

BE DK23 FR DE NL Norway UK UK Grand (Eng) (Sco) Total

Discards 23338 180607 28038 27281 201976 3599 29551 1245 495635

Landings 334687 492040 39540 251517 1916399 12891 273048 120598 3440720

Total 358025 672647 67578 278798 2118375 16490 302599 121843 3936354

Discard % 6.5% 26.9% 41.5% 9.8% 9.5% 21.8% 9.8% 1.0% 12.6%

Table 2: Landings and discards 2014-2016 turbot by BT2 (in tons)

Landings Discards Landings Discards Landings Discards Mean Mean 2014 2014 2015 2015 2016 2016 annual discard total rate (%) catch

BE24 74.56 0.66 111.32 20.01 178.44 4.96 130.11 6.6

Table 3: Belgian by catches of turbot by métier and by year.

Landings number of (by LO Estimated Estimated Discard Year vessels subject Metier subject Discards Catch rate to LO vessels) (tons) (tons) (tons)

2016 16 TBB_DEF_>=120 55 0 55 0

23 Denmark notes its reservation towards the discard rates for Denmark included in the table as the table includes discards for fishery with nets where data is based on one single trip. Only sufficient data exists for towed gear with an estimated discard of 1.3 tons.”

24 Figures for 2014-2016, 1 scientific trip in 2016 was not taken into account due to the fact that the fishery on turbot with the Belgian flag was already closed due to TAC constrains. The figures for landing and discards were corrected.

2017 14 TBB_DEF_>=120 45 NK NK NK

2018 12 TBB_DEF_>=120 32 NK NK NK

2016 0 TBB_DEF_100-119 0 NK NK NK

2017 0 TBB_DEF_100-119 0 NK NK NK

2018 0 TBB_DEF_100-119 0 NK NK NK

2016 46 TBB_DEF_70-99 179 5 184 0,027

2017 43 TBB_DEF_70-99 157 18 175 0,105

2018 36 TBB_DEF_70-99 101 19 119 0,157

5. Data collection

At the request of the Flemish Department of Agriculture and Fisheries (Landbouw en Visserij), ILVO has developed a three year (2019-2021) roadmap to gather additional survival data and to do further analyses on existing and new data, for plaice in the North Sea 4a & 7d, plaice 7fg and turbot in area 4. The roadmap consists of research done through several ongoing and new projects, all including research on survival.

The new project relevant for the roadmap where data on turbot will be sampled and analyzed is:

o EMFF project “Survival Monitoring – Overleving Monitoren”: period 1/01/2019 - 30/06/2021. This project will focus on plaice (P. platessa) and turbot (S. maximus).

Project “Survival Monitorong - Overleving Monitoren”, 2019-2021)’. This project is a co-operation between ILVO, the fishing sector and the department of Agriculture and Fisheries. The goal is to collect additional data for scientific evidence on the actual discard exemption of plaice and turbot and to advise stakeholders to improve survivability of plaice and turbot. A project is initiated for the duration of two years and includes 12 fishing trips. The results will be delivered in a report. It is also the intention to make some recommendations to improve the survivability rate. During some of the 12 commercial fishing trips, the focus will be partly on turbot (besides plaice). During those trips in autumn in the North Sea particular attention will be paid to the survivability of turbot, which will be measured for example by the RAMP-method.

In the Table 4 below, a draft monitoring scheme with the trips within the project ‘Survival Monitoring - Overleving Monitoren’ for 2019 -2020 is given. It summarizes the number of trips, per fleet segment, region and quarter (period of two years being 8 quarters). Table 4 is based on the roadmap for plaice, and reflects the optimal sampling for plaice. When enough data on plaice is collected, the scheme will be adjusted for turbot. This means that in the beginning of 2020, the draft monitoring scheme will be adjusted, according to the up to date data for turbot (with 2018 & 2019 included), in order to have the best indication where and when the maximum turbot is caught.

Table 4: draft monitoring scheme with the sea trips done with the project ‘overleving monitoren’

Segment/region

Quarter Q1 Q2 Q3 Q4

7 1 0 4 12

4B 1 1 1 1 1 1 6

4C 1 1

7D 1 1 1 1 4

7E 1 1

7FG 0

6. Conclusions

A further selectivity on turbot in the fishery on sole and plaice with the TBB is not possible in the short term, without losing efficiency and rentability. A survivability exemption for the fast growing turbot could contribute to the biomass of the stock. The potential of a survivability exemption is at least 100 times the restocking capacity of the restocking experiment with 3000 individuals.

Annex I - De minimis exemption request for the vessels using bottom trawl and seine with mesh size of 80-99mm to catch horse-mackerel in ICES subarea 4.

In the framework of the landing obligation in accordance with article 15 of regulation (EU) N° 1380/2013, a de minimis exemption is requested for horse-mackerel caught with demersal vessels using bottom trawls and seine (OTB, OTT, PTB, TBB, SSC, SPR, SDN, SX, SV) with a mesh size of 80- 99mm in ICES subarea 4, up to 7% in 2020, 6% in 2021 and 2022 and 5% from 2023, of the total annual catches of horse-mackerel caught in these fisheries.

The request for an exemption for de minimis is based on article 15.c.i), due to difficulties to further increase selectivity in this mixed demersal fishery, and on article 15.c.ii), due to disproportionate costs a total application of the landing obligation would cause in this fishery. The fleet is particularly vulnerable to the risk of commercial catch losses an improvement in selectivity would cause.

Definition of the species and the stock

Horse-mackerel (division divisions 3.a, 4.b–c, and 7.d): ICES advises that when the precautionary approach is applied, catches should be no more than 17 517 tonnes in each of the years 2018 and 2019. The combined CGFS–IBTS (Channel Groundfish Survey–North Sea International Bottom Trawl Survey) survey index indicates that the stock continues to be at a low level, although some signs of recovery are observed. New information in 2015 from bottom-trawl fisheries not directed at horse mackerel indicated a discard rate of 16.7% for the stock as a whole. This has continued in 2016, with a discard rate close to 10%. Still, discard information is considered to be incomplete, and discard numbers from earlier years have not been submitted to ICES.Definition of the management unit

Characteristics of the TR2 fishery and its activity

The trawlers with a codend mesh size range 70-99mm is the most widespread fishery in the North Sea. The main fishing areas are localized in ICES 3a and 4bc.

The French vessels that could be concerned by this exemption are mainly bottom otter trawlers (essentially OTB, OTT, PTB). In 2017, 41 vessels > 18 m (80-100mm) and 96 vessels < 18m (80-90mm) were having this activity, generally in the South of the North Sea, in area 4c (Cornou et al. 2018). There are also 11 French Danish seines (SDN, 80-100mm) targeting demersal species in ICES subarea 7d, e, f, g, h and 4b, c.

Fig 1. Spatial distribution of the fishing operations sampled (red circle) and the total fishing effort (rectangle) in number of days-at-sea operated by the French bottom trawl (>18m) fishery in the North Sea and the Eastern Channel (2017 ObsMer report; Cornou et al. 2018).

Fig 1. Spatial distribution of the fishing operations sampled (red circle) and the total fishing effort (rectangle) in number of days-at-sea operated by the French bottom trawl (<18m) fishery in the North Sea and the Eastern Channel (2017 ObsMer report; Cornou et al. 2018).

Fig . Spatial distribution of the fishing operations sampled (red circle) and the total fishing effort (rectangle) in number of days-at-sea operated by the French seine fishery in the Celtic Sea and the South of the North Sea (2017 ObsMer report; Cornou et al. 2018).

In 2017, according to the SACROIS data, 21 French demersal vessels caught mackerel and would have been concerned by this exemption.

Characteristics of the BT2 fishery and its activity

Composition of catches, landings and discards

When they are targeting demersal species, bottom trawlers and seines are catching a group of varied species (from 25 to more than 80 different species), which several are under TAC management: plaice, whiting, etc. but also some accidental pelagic catches, such as horse-mackerel. This unwanted catch represents a great choke risk to these economically important fisheries. Based on the STECF database (2013-2016), we tried to establish a catch and discard profile for these vessels.

It is important to notice that data used are not always representative, thus an extreme care on the interpretation and use of the estimates presented below is needed. The nonrepresentativness of discard data in general and the mixed character of those fisheries makes hard to establish a profile discard and to estimates which quantity of every species could be discarded under the use of a de minimis as presented here. Nevertheless, it gives us a general idea based on the best data available for now (STECF data). It is also important to notice that discards and catches may vary from a year to another. Finally, it should be said that the STECF data base does not separate two very different North Sea's fisheries: one targeting demersal species, the other targeting Nephrops.

Based on the estimates, catches of horse-mackerel represents approximately 1.1% of the total catch of TAC species made by bottom trawlers and seines.

For those vessels, the STECF data base indicates that the discard rate of TAC species between 2013 and 2016 is around 50% and that the discard of horse-mackerel represents 2.6% of the total TAC species discards. The French data observer program, Obsmer, indicates an overall discard rate for the French fishery of around 35% for vessel >18m and around 41% for vessels < 18m in 2017 (Cornou et al., 2018).

Table 1. Proportion of the horse-mackerel discarded, for the European fleet using bottom trawls and seines in ICES subarea 4, according to STECF data (STECF data base 2013-2016).

Proportion in the Proportion of the horse- Proportion of horse-mackerel catches (%) mackerel catch that is in the discards (%) discarded (%)

2013 0.2% 0.0% 0.0%

2014 0.1% 32% 0.1%

2015 0.1% No data No data

2016 4.3% 97.8% 8.7%

Average (2013-2016) 1% 90% 2%

Fig 2. Length structure (in number) of horse mackerel landings and discards of French bottom trawlers targeting demersal species in the Eastern Channel and the south of the North Sea in 2017 (2018 ObsMer report).

According to the Obsmer data of 2017, 11% of the horse-mackerel that is discarded by French bottom trawlers >18m is undersized.

Fig 2. Length structure (in number) of horse mackerel landings and discards of French bottom trawlers <18m targeting demersal species in the Eastern Channel and the south of the North Sea in 2017 (2018 ObsMer report).

According to the Obsmer data of 2017, 7% of the horse-mackerel that is discarded by French bottom trawlers <18m is undersized.

Specifying de minimis volume

Discard volume

Based on STECF data (average 2013-2016), we established a discard profile in order to estimate the maximum volume of horse-mackerel that would be theoretically discarded under a de minimis as presented in this case. All precautions shall be taken in interpreting and using those estimates as discards can vary from a year to another due to the aleatory specificity of the fishery activity. Moreover, data used are not always representative. Nevertheless, estimates present hereafter can give a general idea of the maximum volume of discard.

These data present an average of the catch and the discard from 2013 to 2016 (STECF data base).

Based on the STECF data base, bottom trawls and seine of mesh size between 80-99 mm in ICES subarea 4 caught 138 122 tonnes of TAC species (average 2013-2016) of which 1 514 tonnes were horse-mackerel catches. Thus, a de minimis of 7% would represent theoretically a maximum volume of discard of 106 tonnes.

Recent works on selectivity

Vessels having a mixed activity catch simultaneously a diversity of species during the same fishing operation. They are depending financially on several species (whiting, haddock, cod, megrim, cephalopods). Thus, it is very difficult to improve selectivity without causing significant commercial losses.

In order to improve the selectivity of these vessels, the CRPMEM Haut de France realised several studies on the mixed TR2 fishery. Reports are attached in annexes X and show mitigated results due to the mix character of the fisheries concerned. Square mesh cylinder, articulated rigid grid and semi rigid grid have notably been tested to improve the overall selectivity of this fishery, including demersal and pelagic species. These exercises were difficult due to the mixed nature of this fishery.

 SELECMER was carried out by French bottom trawlers operating in the South of the North Sea and the Channel between 2008 and 2009. This project aimed at finding a selective device that would reduce the by-catch of whiting under MCRS (27cm). Two types of devices were tested: - Different square mesh panels - Different species selective grids

The results are globally positive as regards the reduction of undersized whiting discards. This study shows that, the use of a 120mm SMP reduced significantly the catch of undersized whiting as it allows an escape rate of whiting inferior to 27cm between 13% and 40% (in abundance) by comparison with the standard trawl. However, it led to some severe commercial losses with a reduction of the catch of strategic species (more than 20% in biomass).

The use of a selective grid also reduced the catch of undersized whiting but no conclusion was made for the potential commercial losses. Indeed, the grid system led to an escape of whiting inferior to 22cm of 16% or 30% in abundance depending to the space between bars. However, the devices should be improved in order to increase the escape rates and solve problems.

Interesting results were obtained on other species, too. The use of the square-mesh panel allowed a significant reduction of discards of undersized mackerel and horse-mackerel, while the use of the grid led to a reduction of 50% of discards of undersized plaice (<27cm).

However, those devices did not fit exactly fishermen’s expectations and some information needs to be collected in particular on commercial losses and the economic sustainability of their implementation.

 SELECCAB was also carried out by French bottom trawlers operating in the South of the North Sea and the Channel. This project took place between 2009 and 2010, following on from SELECMER and focussing on the unwanted catch of cod. Different devices were tested: - Adapted large mesh trawl - Two selective grids

The large mesh trawl is presented in the Appendix 4 of Annex III of the Regulation (CE) n°43/2009, as follow:

The gear shall be designed to reduce the catches of cod to low levels while retaining other whitefish such as haddock and whiting, compared to traditional whitefish trawls. For the purposes of this Annex, a large mesh trawl is one that is constructed in accordance with the specifications described below:

1. The first belly (attached to the footrope), the top and bottom wings must be at least two meshes long. For these net sections the stretched length of any single mesh must be at least 240 cm.

2. Each mesh in the first upper panel (attached to the headline) and in the second belly must be at least 80 cm. Each mesh in the second upper panel and the third bottom belly must be at least 20 cm.

The adapted large mesh trawl was inspired by this device and modified to fit the specific feature of those vessels.

- Adapted large mesh trawl:

Results for 20-24m vessels:

Fig. Total catch by gear: on the left, the reference trawl and on the right the adapted large mesh trawl (red: discard / blue: landing) © SELECCAB

It can be noted that the discards are very similar: the use of the adapted large mesh trawl did not reduce the unwanted catch. Moreover, this selective device was particularly difficult to install and handle by the crew.

Results for 16-20m vessels:

For 16-20 m vessels, the discard rate was even higher when using the selective device. The large mesh trawl was designed for monospecific fisheries and doesn’t seems appropriate for mixed fisheries.

- Two selective grids

Results for 20-24m vessels:

For 20-24m vessels, the two selective grids seemed to be highly selective as it reduced the catch by 45%.

Fig. Total catch by gear: on the left, the reference trawl and on the right the trawl with the double grids for 20- 24m trawlers © SELECCAB

Fig. The catch composition: on the left, the reference trawl and on the right the trawl with double grids (horse- mackerel is represented in pink) ©SELECCAB

Results for 16-20m vessels:

Fig. Total catch by gear: on the left, the reference trawl and on the right the trawl with the double grids for 16- 20m trawlers © SELECCAB

Fig. The catch composition: on the left, the reference trawl and on the right the trawl with double grids (horse- mackerel is represented in pink) ©SELECCAB

Because of the lack of big cods in the catches, it was not possible to conclude on the escape of this kind of fish with the grid device. About small cods, the selective device was not efficient, with an escape between 30 and 40 % on board of the trawlers of 20-24 m (no catch, therefore no result on board of the trawlers of 16-20 m). These devices caused a reduction of the total catch, between 25 and 45 %. About the reduction of undersized whiting discards, the addition of a square-mesh panel avoided the jamming of whiting but caused a strong escape of commercial whiting. It could be interesting to continue the trials with a square-mesh panel with a smaller net.

In 2013 and 2014, another French program, SELECFISH, tested several devices with the aim of finding a device that could reduce the discard of TAC species in the North Sea and the Eastern Channel. Project SELECFISH aimed to test and to develop selective devices for the French artisanal trawlers fleet from eastern Channel and the North Sea. The pursued goal was to allow a reduction of discards operated by this fishery, and more particularly of the species submitted to the landing obligation.

The project allowed a test of square mesh cylinders (SMC) of various sizes (80, 100 and 115mm gauge) and various lengths (1 and 2m). The association of SMC in 80mm of 2m length with selective grids was also tested. Each device was trialled at sea for at least 5 days on board of professional fishing vessels. The method used to carry out the tests is the one of parallel hauls: two trawlers fish side by side, one equipped with the selective device, the other not, they begin to fish and haul the trawl at the same time and trawl with parallel routes in order to be able to compare the catches of the two devices.

For bottom trawlers > 18m:

- 80mm Square mesh cylinder (SMC), 2m long: with this device, the total catch fell by 13% and commercial losses were around 6.1%. The device seemed to be very efficient on small pelagic species such as horse-mackerel and herring, with a reduction of the catch of 40%. The negative point is that this device was not efficient on flat fish and whiting and that it dropped the turnover by 20% in the North Sea.

- 80 mm Square mesh cylinder (SMC), 1m long: with this device, the total catch fell by 18% and commercial losses were above 12%. This device reduces discards by 20%. This device seems appropriate to reduce the discard of whiting, nevertheless, this device is not appropriate for flat fish. No result on horse-mackerel was made.

- 115mm SMC, 2m long: This device seems efficient as it reduced discard by 37.1% but it also generated some important commercial losses (21.6%) and dropped the turnover by 33%. No result on horse-mackerel was made.

Fig. Total catch (kg) for the two devices (Source: CRPMEM NPDC/P) – landing in blue and discards in red

- 100 mm SMC, 2m long with the mandatory 80mm SMP (3x1m) in ICES area 4c: with this device the total catch fell by 37% and commercial losses were around 39%. This device reduced discards by 36%. The discard of horse-mackerel fell by 42%. The device was very efficient on horse-mackerel but caused the fall of the turn over by 33%.

- A selective kit "grille Selecmer" and 80mm SMC, 2m long: with the use of this device, the total catch fell by 5% and commercial losses were above 1%. It reduced discard by 8% and caught fewer horse- mackerel (decrease of the discards by 7%). This device allowed an increase of the turnover by 5% (better catch of cephalopods and mackerel). The negative point is that this device was too complex to be handle by the crew and is not efficient enough.

For bottom trawlers < 18m:

- 80 mm SMC, 2m long

The SMC seemed to be efficient as it reduced the discards by 39% and increased the landing by 1%. The commercial loss was known to be around 10%.

- 80mm SMC (2m long) with a grid ‘SAUPLIMOR’

Fig. Total catch (kg) for the two devices (Source: CRPMEM NPDC/P) – landing in blue and discards in red

This device seems to reduce the commercial catch by 24% and the discards by 78%. The commercial loss is known to be around 35%. With the SAUPLIMOR rigid grid, discards are decreased by almost 80%. Associated commercial losses are nevertheless very important (in particular because of cuttlefish and squid catches are divided by two). Moreover, the use of this selective device was particularly difficult to install and handle by the crew.

 All these tests highlight all the complexity of selectivity improvement for these fisheries characterized by multispecifism. Tested devices are thus to use in specific cases, for targeted species, but could not be appropriate for an all year-round single selective device.

Handling costs

In addition to those situations of choke species, landing application enforcement may generate disproportionate costs due to hold overloading and an increase of the sorting time by the crew. Those arguments justify this de minimis request also for disproportionate costs. Some studies demonstrate these aspects, such as the EODE program (Balazuc et al. 2016).

 Working condition

On board, the study estimated that the fishermen of the <18 meters trawlers would spend 2 additional hours and 45 minutes per fishing trip (23 hours on average) to sort theses catches. The total landing obligation enforcement would cause a workable time increase on board of around 30% to 60%, depending on vessel size.

Fig. Characteristic of a fishing trip of a < 18 m trawlers in the North Sea, with the LO (left) and without the LO (right)

In orange and yellow: the workable time on board to sort catches.

With the landing obligation, the catch sorting time would be increased (6h54 con 4h06 without), along with the stowage time.

Fig. Characteristic of a fishing trip of a > 18 m trawlers in the North Sea, with the LO (left) and without the LO (right)

In orange and yellow: the workable time on board to sort catches.

The same results were seen for > 18m trawlers, with an increase of the catch sorting time (from 7h36 to 10h) and the stowage time (one hour).

On trawlers < 18m, the catch was handled from 6 to 8 times before it was landed. On trawlers > 18m, the catch was handled from 8 to 10 times (it was noted that it could be less harsh on trawlers > 18m than on <18m, due to the fact that the crew is usually sheltered during the process).

 Loading of the catch

For trawlers <18m, 20% of fishing trips could be concerned by hold overloading issues.

 Catch value

The horse-mackerel caught with such demersal gears is usually damaged, making the fish unsellable. Indeed, horse-mackerel is a small pelagic like mackerel and herring that does not withstand well when the tow duration is long or when it is fished in more or less deep waters.

Current Regulation

French bottom trawlers fishing in the North Sea are equipped with a 80 mm square mesh panel.

Conclusion

According to the fact that:

- Discards of horse-mackerel are really low in the bottom trawl and seine fishery (< 3%), i.e the selectivity is already really high for this species in this fishery (mesh size used in this fishery is much higher than the one used to target horse-mackerel);

- Selectivity improvement by regulatory measures to avoid the catches of horse-mackerel will be hard to achieve without severe economic impacts on the revenue of the boats;

- De minimis exemptions can provide the flexibility to the fishermen to adapt their behaviour to such regulation frame.

A de minimis exemption of 7% is requested for horse-mackerel (Trachurus spp) for the vessels using bottom trawl and seine gears in the North Sea (ICES subarea 4) for the year of the discard plan. According to the STECF data base, and only for illustrative and informative purposes, a de minimis of 7% would represent a maximum amount of allowed discard for horse-mackerel of 106t. This amount is very limited when compared to the whole TAC for horse-mackerel in ICES areas 4b,c and 7d (12 629 tonnes in 2019, which means that the TAC deduction represents 0,8% of the 2019 TAC).

References

Balazuc A., Goffier E., Soulet E., Rochet M.J., Leleu K., 2016. EODE – Expérimentation de l’Obligation de DEbarquement à bord de chalutiers de fond artisans de Manche Est et mer du Nord, et essais de valorisation des captures non désirées sous quotas communautaires, 136 + 53 pp.

Cornou Anne-Sophie, Quinio-Scavinner Marion, Delaunay Damien, Dimeet Joel, Goascoz Nicolas, Dube Benoit, Fauconnet Laurence Rochet Marie-Joelle (2017). Observations à bord des navires de

pêche professionnelle. Bilan de l'échantillonnage 2016. http://archimer.ifremer.fr/doc/00353/46441/46185.pdf

Cornou Anne-Sophie, Goascoz Nicolas, Quinio-Scavinner Marion, Prioul François, Sabbio Andréa, Dubroca Laurent, Renaud Florent, Rochet Marie-Joelle (2018). Captures et rejets des métiers de pêche français. Résultats des observations à bord des navires de pêche professionnelle en 2017.

ICES 2017a. Horse mackerel (Trachurus trachurus) in divisions 3.a, 4.b–c, and 7.d (Skagerrak and Kattegat, southern and central North Sea, eastern English Channel) http://ices.dk/sites/pub/Publication%20Reports/Advice/2017/2017/hom.27.3a4bc7d.pdf

ICES 2017b.Horse mackerel (Trachurus trachurus) in Subarea 8 and divisions 2.a, 4.a, 5.b, 6.a, 7.a–c, and 7.e–k (the Northeast Atlantic) http://ices.dk/sites/pub/Publication%20Reports/Advice/2017/2017/hom.27.2a4a5b6a7a-ce-k8.pdf

Leonardi S., Rubin A., Meillat M., Coppin F., Delpech J-P., Morandeau F., Larnaud P., 2009. Selecmer – Amélioration de la sélectivité des chalutiers – Pêcheries multispécifiques Manche – Mer du Nord, 66 + 62 pp. Version septembre 2009

Viera A., Meillat M., Coppin F., Delpech J-P., Morandeau F., Gamblin C., 2010. SELECCAB – Volet Artisans - Amélioration de la sélectivité des chalutiers artisanaux travaillant en Manche – Mer du Nord de façon à limiter les captures de cabillaud., 61 + 48pp. Version septembre 2010

Weiller Y., Reecht Y., Vermard Y., Coppin F., Delpech J-P., Morandeau F., 2014. SELECFISH – Amélioration de la sélectivité des chalutiers artisanaux travaillant en Manche Est - Mer du Nord afin de limiter leurs rejets, 82 + 55pp. Version avril 2014

Annex J - De minimis exemption request for the vessels using bottom trawls and seines of mesh size 80-99mm to catch mackerel in ICES subarea 4.

In the framework of the landing obligation in accordance with article 15 of regulation (EU) N° 1380/2013, a de minimis exemption is requested for mackerel caught with demersal vessels using bottom trawls and seines (OTB, OTT, PTB, TBB, SSC, SPR, SDN, SX, SV) with a mesh size 80-99mm in ICES subarea 4, up to 7% in 2020, 6% in 2021 and 2022 and 5% from 2023 of the total annual catches of mackerel caught in those fisheries.

The request for an exemption for de minimis is based on article 15.c.i), due to difficulties to further increase selectivity in this mixed fishery, and on article 15.c.ii), due to disproportionate costs a total application of the landing obligation would cause in this fishery. The fleet is particularly vulnerable to the risk of commercial catch losses an improvement in selectivity would cause.

Definition of the species and the stock

Mackerel (subareas 1–8 and 14, and in Division 9.a): ICES advises that when the MSY approach is applied, catches in 2019 should be no more than 318 403 tonnes. The spawning-stock biomass (SSB) is estimated to have increased in the late 2000s to reach a maximum in 2011 and has been declining since then. The stock is estimated to be below MSY Btrigger in 2018, for the first time since 2007. The fishing mortality (F) has declined from high levels in the mid-2000s, but increased again after 2012, and remains above FMSY. There has been a succession of large year classes since the early 2000s, but the 2015- and 2016-year classes are estimated to be below average.

Definition of the management unit

Characteristics of TR2 (otter trawls or seines) fisheries and their activities

The trawlers with a codend mesh size range 70-99mm are the fishery most widespread in the North Sea. The main fishing areas are localized in ICES 3a and 4bc.

The French vessels that could be concerned are mainly bottom otter trawlers (essentially OTB, OTT, PTB). In 2017, 41 vessels > 18 m (80-100mm) and 96 vessels < 18m (80-90mm) were having this activity, generally in the South of the North Sea, in area 4c (Cornou et al. 2018). There are also 11 French Danish seines (SDN, 80-100mm) targeting demersal species in ICES subarea 7d, e, f, g, h and 4b, c.

Fig 1. Spatial distribution of the fishing operations sampled (red circle) and the total fishing effort (rectangle) in number of days-at-sea operated by the French bottom trawl (<18m) fishery in the North Sea and the Eastern Channel (2018 ObsMer report; Cornou et al. 2017).

In 2017, according to the SACROIS data, 28 French demersal vessels caught mackerel and would have been concerned by this exemption.

Characteristics of the BT2 fishery and its activity

Composition of catches, landings and discards

When they are targeting demersal species, bottom trawlers an seines are catching a group of varied species (from 25 to more than 80 different species), which several are under TAC management: plaice, whiting, etc. but also some accidental pelagic catches, such as mackerel. This unwanted catch represents a great choke risk to these economically important fisheries. Based on the STECF database (2013-2016) we tried to establish a catch and discard profile for these vessels.

for now (STECF data). It is also important to notice that discards and catches may highly vary from a year to another. Finally, it should be said that the STECF data base does not separate two very different North Sea's fisheries: one targeting demersal species, the other targeting Nephrops.

Based on the estimates, catches of mackerel represent approximately 0.8% of the total TAC species catches (STECF data base, average 2013-2016).

For bottom trawls and seines with mesh size of 80-99mm, the STECF data base indicates that the discard ratio of TAC species between 2013 and 2016 is around 50% and that the discard of mackerel represents 0.04% of the total TAC species discards. The French data observer program, Obsmer, indicates an overall discard rate for the French fishery of around 35% for vessel >18m and around 41% for vessels < 18m in 2017 (Cornou et al., 2018).

Table 1. Proportion of the mackerel discarded, for the European fleet using bottom trawls and seines in ICES subarea 4, according to STECF data (STECF data base, average 2013-2016).

Proportion in the Proportion of the Proportion of catch (%) mackerel catch that is mackerel in the discarded (%) discards (%)

2013 0.8% 0.0% (poor data) 0% (poor data)

2014 0.8% 2.6% 0.04%

2015 0.7% 1.9% 0.02%

2016 1% 5.6% 0.1%

Average (2013-2016) 0.8% 2.7% 0.04%

Fig 2. Length structure (in number) of mackerel landings and discards of French bottom trawlers >18m targeting demersal species in the Eastern Channel and the south of the North Sea in 2016 (2017 ObsMer report).

According to the Obsmer data of 2016, 1% of the mackerel that is discarded by French bottom trawlers > 18m is undersized (no data for 2017).

Fig 3. Length structure (in number) of mackerel landings and discards of French bottom trawlers <18m targeting demersal species in the Eastern Channel and the south of the North Sea in 2017 (2018 ObsMer report).

According to the Obsmer data of 2017, 0% of the mackerel that is discarded by French bottom trawlers < 18m is undersized.

Specifying de minimis volume

Discard volume

Based on STECF data (average 2013-2016), we established a discard profile in order to estimate maximum volumes of mackerel that would be theoretically discarded under a de minimis as presented in this case. All precautions shall be taken in interpreting and using those estimates, as discards can vary significantly from a year to another due to the aleatory specify of fishery activity. Moreover, data used are not always representative. Nevertheless, estimates present hereafter can give a general idea of maximum volume discard estimates.

Those data present an average of catch and discard data from 2013 to 2016 (STECF data base).

Bottom trawls and seines with mesh size of 80-99 mm in ICES subarea 4 caught 138 122 tonnes of TAC species (average 2013-2016) of which 1 104 tonnes were mackerel catches. Thus, a de minimis of 7% would represent theoretically a maximum volume of discards of 77 tonnes.

Recent works on selectivity measures

Vessels having a mixed activity catch simultaneously a diversity of species during the same fishing operation. They are depending financially on several species (whiting, haddock, cod, megrims, cephalopods) but also to some pelagic species which can be spatially and temporally related. Thus, it is very difficult to improve selectivity without causing significant commercial losses.

 SELECMER was carried out by French bottom trawlers operating in the South of the North Sea and the Channel between 2008 and 2009. This project aimed at finding a selective device that would reduce the by-catch of whiting under MCRS (27cm). Two types devices were tested: - Different square mesh panels - Different species selective grids

The large mesh trawl is presented in Appendix 4 to Annex III of the Regulation (CE) n°43/2009, as follow:

The gear shall be designed to reduce the catches of cod to low levels while retaining other whitefish such as haddock and whiting, compared to traditional whitefish

trawls. For the purposes of this Annex, a large mesh trawl is one that is constructed in accordance with the specifications described below:

1. The first belly (attached to the footrope), the top and bottom wings must be at least two meshes long. For these net sections the stretched length of any single mesh must be at least 240 cm.

2. Each mesh in the first upper panel (attached to the headline) and in the second belly must be at least 80 cm. Each mesh in the second upper panel and the third bottom belly must be at least 20 cm.

The adapted large mesh trawl was inspired by this device and modified to fit the specific feature of those vessels.

- Adapted large mesh trawl:

Results for 20-24m vessels:

Fig. Total catch by device: on the left, the reference trawl and on the right the adapted large mesh trawl trawl (red: discard / blue: landing) © SELECCAB

Results for 16-20m vessels:

- Two selective grids

Results for 20-24m vessels:

For 20-24m vessels, the two selective grids seemed to be highly selective as it reduced the catch by 45%.

Fig. Total catch by gear: on the left, the reference trawl and on the right the trawl with the double grids for 20- 24m trawlers © SELECCAB

Fig. The catch composition: on the left, the reference trawl and on the right the trawl with double grids (mackerel is represented in orange) ©SELECCAB

Results for 16-20m vessels:

Fig. Total catch by gear: on the left, the reference trawl and on the right the trawl with the double grids for 16- 20m trawlers © SELECCAB

Because of the lack of big cods in the catches, it is not possible to conclude about the escape of this kind of fish with the grid devices. About small cods, the devices are not efficient with an escape between 30 and 40 % on board of the trawlers of 20-24 m (no catch, therefore no result on board of the trawlers of 16-20 m). These devices cause a reduction of the total catch, between 25 and 45 %. About the reduction of undersized whiting discards, the addition of a square-mesh panel avoids the jamming of whiting but causes a strong escape of commercial whiting. It could be interesting to continue the trials with a square-mesh panel with a smaller net.

In 2013 and 2014, another French program, SELECFISH, tested several devices in order to reduce the discard of TAC species in the North Sea and the Eastern Channel. Project SELECFISH aimed to test and to develop selective devices for the French artisanal trawlers fleet from eastern Channel and the North Sea. The pursued goal was to allow a reduction of discards operated by this fishery, and more particularly of the species submitted to the landing obligation.

For bottom trawlers > 18m:

- 80mm Square mesh cylinder (SMC), 2m long: with this device, the total catch fell by 13% and commercial losses were around 6.1%. The device seemed to be efficient on small pelagic species such as mackerel and reduced discards by 22%.

The negative point is that this device was not efficient on flat fish and whiting and that it dropped the turnover by 20% in the North Sea.

- 80 mm SMC, 1m long: with this device the total catch fell by 18% and commercial losses were around 12%. This device reduces discards by 20%. This device seems appropriate to reduce the discard of whiting. It also allows the reduction of the discards of mackerel by 45%. Nevertheless, this device is not appropriate for flat fish.

- 115mm SMC, 2m long: This device seems efficient as it reduces discard by 37.1% but it also generated some important commercial losses (21.6%) and dropped the turnover by 33%. This device is quite efficient to reduce the catch of mackerel.

Fig. Total catch (kg) for the two devices (Source: CRPMEM NPDC/P) – landing in blue and discards in red

- 100 mm SMC, 2m long with the mandatory 80mm SMP (3x1m) in ICES area 4c: with this device the total catch fell by 37% and commercial losses were around 39%. This device reduced discards by 36%. Very few mackerels were catch (4%) but discards of that species were reduced by 88%. The device seems efficient but it led to the fall of the turn over by 33%.

- A selective kit "grille SELECMER" and 80mm SMC, 2m long: with the use of this device, the total catch fell by 5% and commercial losses were above 1%. It reduced discard by 8% and caught fewer mackerel under the MCRS (no commercial losses for this species). This device seems to allow an increase of the turnover by 5% (better catch of cephalopods and mackerels). The negative point is that this device is too complex to be handle by the crew and is not efficient enough.

For bottom trawlers < 18m:

- 80 mm SMC (2m long)

The SMC seems to be efficient and to reduce the discards by 39% and to increase the landing by 1%. The commercial loss is known to be around 10%.

- 80mm SMC (2m long) with a grid ‘SAUPLIMOR’

Fig. Total catch (kg) for the two devices (Source: CRPMEM NPDC/P) – landing in blue and discards in red

This device seems to reduce the commercial catch by 24% and the discards by 78%. The commercial loss is known to be around 35%. With the SAUPLIMOR rigid grid, discards are decreased by almost 80%. Associated commercial losses are nevertheless very important (in particular because of cuttlefish and squid catches that are divided by two). Moreover, the use of this selective device was particularly difficult to install and handle by the crew.

 These tests highlight once again all the complexity of selectivity improvement for these fisheries characterized by multispecifism. Tested devices are thus to use in specific cases, for targeted species, but could not be appropriate for an all year-round single selective device.

Handling costs

In addition to those situations of choke species, landing application enforcement may generate disproportionate costs due to hold overloading and increase the sorting time by the crew. Those arguments justify this de minimis request also for disproportionate costs. Some studies demonstrate those aspects such as EODE program (Balazuc et al. 2016).

 Working condition

On board, the study estimated that the fishermen of the <18 meters trawlers will spend 2 additional hours and 45 minutes per fishing trip (23 hours on average) to sort theses catches. The total landing obligation enforcement would cause a workable time increase on board of around 30% to 60%, depending on vessel size.

Fig. Characteristic of a fishing trip of a < 18 m trawlers in the North Sea, with the LO (left) and without the LO (right)

In orange and yellow: the workable time on board to sort catches.

Fig. Characteristic of a fishing trip of a > 18 m trawlers in the North Sea, with the LO (left) and without the LO (right)

In orange and yellow: the workable time on board to sort catches.

For trawlers < 18m, the catch is handled from 6 to 8 times before it’s landed. For trawlers > 18m, the catch is handled from 8 to 10 times (less arduous due to the fact that the crew is usually sheltered during the process).

 Loading of the catch

For trawlers <18m, 20% of fishing trip could be concerned by hold overloading issues.

 Catch value

The mackerel caught with such demersal gears is usually damaged, making the fish unsellable. Indeed, mackerel is a small pelagic like horse-mackerel and herring that does not withstand well when the tow duration is long or when fished in more or less deep waters.

Current Regulation

French bottom trawlers fishing in the North Sea are equipped with a 80 mm square mesh panel.

Conclusion

According to the fact that:

- Discards of mackerel in the bottom trawl fishery are really low (< 1%), i.e the selectivity is already really high for this species in this fishery (mesh size used in this fishery is much higher than the one used to target mackerel);

- Selectivity improvement by regulatory measures to avoid the catches of mackerel will be hard to achieve without severe economic impacts on the revenue of the boats;

- De minimis exemptions can provide the flexibility to the fishermen to adapt their behaviour to such regulation frame.

A de minimis exemption of 7% is requested for mackerel (Scomber scombrus) for the vessels using bottom trawl and seine gears in the North Sea (ICES 4) for the year of the discard plan. According to the STECF data base, and only for illustrative and informative purposes, a de minimis of 7% would represent a maximum amount of allowed discard for mackerel of 77 tonnes. This amount is very limited when compared to the whole TAC for mackerel in ICES areas 3a and 4; EU waters of 2a, 3b, 3c and Subdivisions 22-32 (23 296 tonnes in 2019, which means that the TAC deduction represents 0,3% of the 2019 TAC).

References

Cornou Anne-Sophie, Quinio-Scavinner Marion, Delaunay Damien, Dimeet Joel, Goascoz Nicolas, Dube Benoit, Fauconnet Laurence Rochet Marie-Joelle (2017). Observations à bord des navires de pêche professionnelle. Bilan de l'échantillonnage 2016. http://archimer.ifremer.fr/doc/00353/46441/46185.pdf

ICES 2018. Mackerel (Scomber scombrus) in subareas 1–8 and 14, and in Division 9.a (the Northeast Atlantic and adjacent waters) http://ices.dk/sites/pub/Publication%20Reports/Advice/2018/2018/mac.27.nea.pdf

Annex K – De minimis request for ling below MCRS caught by vessels using set longlines (LLS) in ICES subarea 4.

In the framework of the landing obligation in accordance with article 15 of regulation (EU) N° 1380/2013, a de minimis exemption is requested for ling below MCRS caught by vessels using set longlines (LLS) in ICES subarea 4, up to 3% in 2020 and beyond of the total annual catches of ling caught with demersal vessels using set longlines.

Definition of the species and the stocks

- Ling (in divisions 6–9, 12, and 14, 3.a and 4.a): ICES advises that when the precautionary approach is applied, catches should be no more than 17 695 tonnes in each of the years 2018 and 2019. If discard rates do not change from the average of the last three years (2014–2016) this implies landings of no more than 16 793 tonnes. Landings have been stable for the last five years, with an increase in discards in the last three years.

Definition of the management unit

Characteristics of the longlines fishery and its activity

French vessels that are concerned use a set longlines to target hake in ICES subarea 4, 5b and 6. In 2017, 10 vessels were having this activity (according to the 2017 ObsMer report; Cornou et al. 2018).

Fig 1.1. Spatial distribution of the fishing operations sampled (red circle) and the total fishing effort (rectangle) in number of days-at-sea operated by the French longliners in the west of Scotland and in the North Sea (2017 ObsMer report; Cornou et al. 2018).

Composition of catches, landings and discards

When they are targeting hake, longliners are catching a small group of other species. Based on STECF database (2013-2016) we tried to establish a catch and discard profile for those vessels.

Based on STECF estimates for the European fleet, catches made of ling represents approximately less than 6% of the total TAC species catches of those vessels.

Catch composition

PLE; 0,03% POK; 0,71% SAN; 0,06% BSS; 1,98% NEP; 0,09% COD; HAD; 0,31% 7,78%

MAC; 24,36%

LIN; 5,85%

HKE; 58,59%

Table 2. Proportion of the ling discarded, for the European fleet using longlines in ICES subarea 4 according to STECF data (STECF data base 2014-2016).

Proportion of ling Proportion of the ling Proportion in the total in the catches (%) catches that is discarded discards (%) (%)

2014 5% No data No data

2015 4% 0% 0%

2016 7% 1% 100%

Selectivity of the fishery

The STECF database indicates that, the discard ratio of TAC species between 2013 and 2016 is around 0.3%, meaning that the fishery is highly selective. The discard of ling represents 2% of the catch of this species. Due to the very high level of selectivity, discards of ling represent 33% of the total TAC species discards. In point of fact, the overall discard is so low that the percentage is quite high but the real tonnage of ling discarded is still very low.

The choice of the hooks is highly related to the species that are targeted. Indeed, the shape and the size of the hook is selected in order to be as selective as possible (sélectivité des engins de pêche, Vogel & al. 2016). In this fishery, hake is the target specie (indeed, the catch of hake represents approximately 85% of the total catch made by those vessels, Cornou & al). The discard of hake represents only 0.2% of the total discard meaning that the hook chosen is highly efficient. Moreover, 0% of the hake that is discarded by French longliners is undersized. Still, because the minimum size of the hake is 27 cm and the minimum size of the ling is 63cm and despite the level of selectivity, it is possible for longliners to catch a few lings below MCRS (only 6.5% of the catch of ling is discarded, and 14% of this discard is below the MCRS of 63cmn, Cornou & al).

Specifying de minimis volume

Discard volume

Based on STECF data (average 2013-2016), we established a discard profile in order to estimate maximum volumes of ling that would be theoretically discarded under a de minimis as presented in this case. All precautions shall be taken in interpreting and using those estimates as discards can vary significantly from a year to another due to the aleatory specify of fishery activity. Moreover, data used are not always representative. Nevertheless, estimates present hereafter can give a general idea of maximum volume discard estimates.

Those data present an average of catch and discard data for 2013, 2014, 2015 and 2016 (STECF database).

Based on STECF database, European longliners in ICES subarea 4 caught 2 615 tonnes of TAC species (average 2013-2016) of which 153 tonnes were ling catches. Thus, a de minimis of 3% would represent theoretically a maximum volume of discards of 5 tonnes (for all European vessels using longlines in ICES subarea 4).

Conclusion

According to the fact that:

- longlines is a very selective gear

- Catches of ling are low (< 6%)

- Selectivity improvement by regulatory measures to avoid the catches of ling will be hard to achieve without severe economic impacts on the revenue of the boats;

De minimis exemptions can provide the flexibility to the fishermen to adapt their behaviour to such regulation frame.

A de minimis exemption of 3% is requested for ling below MCRS for the vessels using longlines in ICES 4. According to the STECF database, and only for illustrative and informative purposes, a de minimis of 3% would represent a maximum amount of allowed discard for ling of 5 tonnes. This amount is very limited when compared to the TAC for ling in ICES subarea 4 (3 738 t in 2019, which means that the TAC deduction represents less than 0.15% of the 2019 TAC).

Reference

Cornou Anne-Sophie, Quinio-Scavinner Marion, Delaunay Damien, Dimeet Joel, Goascoz Nicolas, Dube Benoit, Fauconnet Laurence Rochet Marie-Joelle (2016). Observations à bord des navires de pêche professionnelle. Bilan de l'échantillonnage 2015. http://archimer.ifremer.fr/doc/00353/46441/46185.pdf

ICES 2018. Ling (Molva molva) in subareas 6–9, 12, and 14, and in divisions 3.a and 4.a http://ices.dk/sites/pub/Publication%20Reports/Advice/2017/2017/lin.27.3a4a6-91214.pdf

Annex L – De minimis for industrial bycatches Request for de minimis exemption from the landing obligation for bycatches of industrial species in the demersal fishery

In this brief, ‘demersal fisheries’ are identified as fisheries using gears with mesh sizes above 80 mm as well as fishery for shrimp using gears with a sorting grid with a maximum bar spacing of 19mm or equivalent selectivity device (mesh sizes above 35 mm in ICES area 3a and 32 mm in ICES area 4). A variety of gear types are used in the demersal fisheries targeting species for human consumption, but by far the largest proportion is taken with mobile gears, and amongst these, trawls are the most important (OTB, OTM, OTT, PTB, PTM, SDN, SPR, SSC, TB, TBN).

In this context, the term ‘industrial species’ is used for the following species:

 Sprat

 Sandeel

 Norway pout

 Blue whiting

These species are all characterised by being small, mainly targeted by small meshed active gears and mainly used for reduction purposes. They are also managed by TACs, and catches are thus covered by the landing obligation as specified in REG (EU) No 1380/2013, article 15. In paragraph 5, (c) of that article it is specified that de minimis exemptions of up to 5% of total annual catches can be permitted, if specific provisions are met.

Selectivity

REG (EU) No 1380/2013, article 15, paragraph 5 (c) (i) warrants a de minimis “where scientific evidence indicates that increases in selectivity are very difficult to achieve…” This is particularly relevant when it comes to bycatch of very small species in large mesh fisheries.

Industrial species are abundant, widespread and when targeted by the small mesh fisheries, occur in large schools. However, they do not always form large schools, but can be spread over large volumes of water. In such cases, it is inevitable that the mobile fishing gears targeting larger species catch them. Despite the small size of the individuals, a number of them are sometimes withheld even in gears with large meshes, particularly when the volume of the targeted catch is large. Thus, it is a necessary prerequisite for the escapement of a fish that it gets in contact with the meshes of the fishing gear.

When fishing for demersal species with large meshes, it is necessary to use a gear with a certain girth, in order to be able to hold the catch. When small individuals are ‘trapped’ amongst the large individuals of the targeted species they do not get in contact with the meshes of the trawl’s circumference and are subsequently unable to escape the gear – regardless of the mesh sizes. Consequently, an increase in mesh size in a fishery already using meshes that are more than twice those used in the targeted fishery for the industrial

species will have no impact on the bycatch of these species. There are, at present, no scientifically documented methods to reduce bycatch of industrial species in large mesh fisheries available.

Consequently, any demersal fishery using TR1 or TR2 are likely to encounter occasional catches of small amounts of industrial species. This extra burden is relevant for all demersal fleets using gears with mesh sizes above 80 mm and fishery for shrimp using gears with a sorting grid with a maximum bar spacing of 19mm or equivalent selectivity device. A significant number of vessels would be benefitting from this exemption.

Data from sampling by Denmark’s Technical University, DTU Aqua shows that catches of industrial species are very low in the demersal fisheries. The table below shows the total bycatch in 2018 of each of these species, as estimated by the official Danish sampling scheme, which is used as input to ICES assessment working groups.

Estimated bycatch of sandeel, blue whiting, sprat and Norway pout in demersal human consumption fisheries in 2018 in tonnes.

North Sea 2018 Gear Sandeel Blue whithing Sprat Norway pout Grand Total DNK_SSC_DEF_>=120_0_0 0,0 0,2 0,0 0,0 0,2 DNK_OTB_MCD_>=120_0_0 0,0 1,6 0,0 1,1 2,7 DNK_OTB_CRU_32-69_0_0 0,0 0,0 0,0 3,3 3,3 Grand Total 0,0 1,8 0,0 4,4 6,2

Skagerrak 2018 Gear Sandeel Blue whithing Sprat Norway pout Grand Total DNK_OTB_MCD_90-119_0_0 20,3 0,0 0,0 4,2 24,5 DNK_OTB_MCD_>=120_0_0 0,0 0,0 0,0 0,1 0,1 DNK_OTB_CRU_32-69_0_0 0,0 47,3 0,0 217,1 264,4 Grand Total 20,3 47,4 0,0 221,4 289,1

Kattegat 2018 Gear Sandeel Blue whithing Sprat Norway pout Grand Total DNK_OTB_MCD_90-119_0_0 0,0 0,0 8,4 0,0 8,4 Grand Total 0,0 0,0 8,4 0,0 8,4

By comparing the estimated discards to the Danish quotas for the same year it is obvious, that for the most commonly occurring bycaught industrial species, Norway pout, the catch in TR1 and TR2 is less than 0.02%. Sandeel occurs so seldom, that it is not even encountered in the observer programme. Nevertheless, it does occur in some cases. By logic, it only makes up much less than 0.02%. It is evident, that the incidental bycatches of industrial species in the human consumption fisheries using mesh sizes of more than 80 mm is negligible.

Sandeel Blue Whiting Sprat Norway Pout

North Sea 163,546

Skagerrak 429,704 67,768 140,654 30,088 Kattegat

Total 429,704 67,768 193,634 140,654

Danish quotas 2017 in tonnes. 2017 is used for comparison with values in the preceding table.

Disproportionate cost

Further to the difficulties in increased selectivity, also disproportionate costs are a key factor in the request for a de minimis exemption. REG (EU) No 1380/2013, article 15, paragraph 5 (c) (ii) warrants a de minimis “to avoid disproportionate costs of handling unwanted catches, for those fishing gears where unwanted catches per fishing gear does not represent more than a certain percentage, to be established in a plan, of total catch of that gear.”

When handling the catch on board, catch fit for human consumption is gutted, iced, boxed, and then put in the fish hold. Catches of e.g. Norway pout only very rarely make up for more than 5 kg in the catch. Sorting small amounts of industrial catches on board includes separating them into separate boxes for each species, keeping the catches separate from the fish for human consumption. Furthermore, special landing procedures for catches not fit for human consumption are required, including disposing of the fish as quantities will be too small for the processing industry to be willing receive the catch. This would incur a significant workload on board, reducing time available for handling the human consumption catch. In addition to this, a number of ports do not have the required facilities to handle the industrial bycatch, not fit for human consumption.

Country Exemption Species as Number of Landings Estimated Estimated Discard Estimated applied for bycatch or Vessels (by LO Discards Catch Rate de minimis (species, area, target subject to subject volumes gear type) LO Vessels)

DK Demersal Bycatch 242 35.8 t 42,913 0.08% fishery: of SAN, SPR, (all >80mm WHB, catch) NOP

DK Northern Bycatch 7 267.7 t 1,911.7 14% Prawn of SAN, fishery*: SPR, of which >35mm WHB, 1,644 t in ICES NOP is area 3a Northern >32mm Prawn in ICES catch) area 4

* fitted with a sorting grid with a maximum bar spacing of 19mm or equivalent selectivity device. Data do not show whether the gear is equipped with a collecting bag.