FOOD CERTIFICATION INTERNATIONAL LTD Findhorn House, Dochfour Business Centre, Dochgarroch, Inverness, IV3 8GY, Scotland, UK Tel: +44 (0) 1463 223 039 Fax: +44 (0) 1463 246 380 www.foodcertint.com

MSC SUSTAINABLE FISHERIES CERTIFICATION

DFA Dutch North Sea Fishery Public Certification Report

November 2012

Prepared For: CPO Nederlandse Visserbond UA Prepared By: Food Certification International Ltd

FCI template version 1.0 (14/11/11)

FOOD CERTIFICATION INTERNATIONAL LTD

Public Certification Report

November 2012

Authors: Hervás A, Nimmo F, Read A

Certification Body: Client: Food Certification International Ltd CPO Nederlandse Visserbond UA

Address: Address: Findhorn House Onder de Toren 30 Dochfour Business Centre 8302 BV Emmeloord Dochgarroch Netherlands Inverness IV3 8GY Scotland, UK

Name: Melissa McFadden Name: Mr Derk Jan Berends Tel: +44(0) 1463 223 039 Tel: +31 (0)527 698 151 Email: [email protected] Email: [email protected] Web: www.foodcertint.com

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Contents

Glossary...... v 1. Executive Summary ...... 1 2. Authorship and Peer Reviewers ...... 4 2.1 Assessment Team ...... 4 2.1.1 Peer Reviewers ...... 5 2.1.2 RBF Training ...... 5 3. Description of the Fishery ...... 6 3.1 Unit(s) of Certification and scope of certification sought ...... 6 3.1.2 Scope of Assessment in Relation to Introduced Species Based Fisheries (ISBF) ...... 6 3.2 Overview of the fishery ...... 8 3.2.1 CPO Nederlandse Visserbond UA...... 8 3.2.2 Species and Fishing Practice ...... 8 3.2.3 Administrative Framework ...... 10 3.3 Principle One: Target Species Background ...... 12 3.3.1. The razor (Ensis directus) life cycle ...... 12 3.3.2. The harvest strategy for the exploitation of the razor stock off the Dutch coast...... 12 3.3.3 Monitoring and assessment of the razor stock off the Dutch coast ...... 13 3.4 Principle Two: Ecosystem Background ...... 18 3.4.1 Aquatic ecosystem of the North Sea ...... 18 3.4.2 Habitat and benthic communities...... 19 3.4.3. Retained and bycatch species ...... 21 3.4.4 Endangered, Threatened and Protected (ETP) species ...... 22 3.4.5. Assessment of elements under Principle 2 Components ...... 25 3.5 Principle Three: Management System Background ...... 26 3.5.1 Area of operation of the fishery and under which jurisdiction it falls ...... 26 3.5.2 Details of consultations leading to the formulation of the management plan ...... 27 3.5.3. Arrangements for on-going consultations with interest groups ...... 27 3.5.4. Details of non-fishery users or activities, which could affect the fishery, and arrangements for liaison and co-ordination ...... 27 3.5.5. Details of the decision-making process or processes, including the recognised participants ...... 27 3.5.6. Objectives for the fishery ...... 28 3.5.7. Outline the fleet types or fishing categories participating in the fishery ...... 28 3.5.8. Details of those individuals or groups granted rights of access to the fishery, and particulars of the nature of those rights ...... 28 3.5.9 Description of the measures agreed upon for the regulation of fishing in order to meet the objectives within a specified period...... 29 3.5.10 Particulars of arrangements and responsibilities for monitoring, control and surveillance and enforcement ...... 29

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3.5.11 Details of any planned education and training for interest groups ...... 30 4. Evaluation Procedure ...... 31 4.1 Harmonised Fishery Assessment ...... 31 4.2 Previous assessments ...... 31 4.3 Assessment Methodologies ...... 31 4.3.1 Assessment Tree ...... 31 4.4 Evaluation Processes and Techniques ...... 31 4.4.1 Site Visits ...... 31 4.4.2 Consultations ...... 32 4.4.3 Evaluation Techniques ...... 32 4.4.4 RBF Use ...... 34 5. Traceability ...... 36 5.1 Eligibility Date ...... 36 5.2 Traceability within the Fishery ...... 36 5.2.1 Evaluation of Risk of Vessels Fishing Outside of UoC...... 36 5.2.2 Risk of Substitution of Mixing Certified / Non-Certified Catch ...... 36 5.2.3 At-Sea Processing ...... 36 5.2.4 Transhipment ...... 36 5.3 Eligibility to Enter Further Chains of Custody ...... 36 5.3.1 Eligible points of landing ...... 36 5.3.2 Parties eligible to use the fishery certificate ...... 37 6. Evaluation Results ...... 38 6.1 Principle Level Scores ...... 38 6.2 Summary of Scores ...... 38 6.3 Summary of Conditions ...... 39 6.3.1 Recommendations ...... 39 6.3.2 Determination, Formal Conclusion and Agreement ...... 39 7. References ...... 40

Appendix 1. Scoring and Rationale ...... 44 Appendix 1a – MSC Principles & Criteria ...... 44 Appendix 1b – The Risk Based Framework ...... 48 Appendix 1.1 Performance Indicator Scores and Rationale ...... 54 Appendix 1.2 Risk Based Framework (RBF) Outputs ...... 127 Appendix 1.2.1 Scale Intensity Consequence Analysis (SICA) ...... 127 Appendix 1.3 Conditions ...... 132 Principle 1 Condition ...... 132

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Principle 2 conditions ...... 133 Principle 3 conditions ...... 135 Appendix 2. Peer Review Reports ...... 137 Peer Reviewer 1 ...... 137 Peer Reviewer 2 ...... 151 Appendix 3. Stakeholder submissions ...... 169 Appendix 3.1 Amendments made to the PCDR following stakeholder consultation ...... 169 MSC ...... 170 Appendix 4. Surveillance Frequency ...... 172 Appendix 4.1 Rationale for determining surveillance score ...... 172 Appendix 5. Client Agreement ...... 173

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Glossary

CFP Common Fisheries Policy

DFA Dutch Fishermen’s Association

EL&I Minister of Economic Affairs, Agriculture and Innovation

ETP Endanger Threaten and Protected Species

IMARES Institute for Marine Resources & Ecosystem Studies

MSC Marine Stewardship Council

PI Performance Indicator PSA Productivity Susceptibility Analysis SAC Special Areas of Conservation

SPA Special Protection Areas

SICA Scale Intensity Consequence Analysis

RBF Risk Based Framework

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1. Executive Summary

» This report provides details of the MSC assessment process for the DFA Dutch North Sea Ensis Fishery fishery for CPO Nederlandse Visserbond UA. The assessment process began in September 2011 and was concluded in (Date to be determined) » A comprehensive programme of stakeholder consultations were carried out as part of this assessment, complemented by a full and thorough review of relevant literature and data sources. » A rigorous assessment of the wide ranging MSC Principles and Criteria was undertaken by the assessment team and a detailed and fully referenced scoring rationale is provided in the assessment tree provided in Appendix 1.1 of this report. » The Actual Eligibility Date for this assessment is the date of certification » The assessment team for this fishery assessment comprised of Dr Antonio Hervás, who acted as team leader and Principle 1 specialist; Ms Fiona Nimmo who was responsible for evaluation of Principle 2 and Mr Andy Read who was responsible for evaluation of Principle 3. Paul Macintyre was responsible for traceability / chain of custody considerations. Determination On completion of the assessment and scoring process, the assessment team concluded that the DFA Dutch North Sea Ensis Fishery fishery should be certified according to the Marine Stewardship Council Principles and Criteria for Sustainable Fisheries. Client strengths » The strength of the fishery relies on the harvest strategy implemented to comply with the conservation requirements of the Voordelta and the Noordzeekustzone, which is framed under a comprehensive set of regulations. Both sites are classified by the EU Habitats and the Birds Directives as Special Areas of Conservation (SAC) and Special Protection Areas (SPA) respectively and therefore fisheries management priorities on meeting the conservation objectives on these Natura 2000 areas. Fisheries are allowed to occur subject to proving that they do not preclude the conservation objectives of the sites to be met. Thus the harvest strategy includes a comprehensive set of management measures including: precautionary exploitation rates, network of close areas and technical conservation measures that ensure that razor harvesting does not pose risk to the conservation objectives of the sites. This harvest strategy, designed not to have a negative impact on important habitats and on wintering bird, is also precautionary in relation to maintaining the productivity of the stock at sustainable levels. A maximum allowed catch of 8000 tones ensure the low risk that harvesting poses on conservation of the stock. Client weaknesses » There are no main weaknesses found. The priority of the Dutch razor shell fishery is to meet the conservation objectives of these sites. However there are number of conditions for certification that relate to the lack of data on discards and habitat impact of dredging. Also the fact that latest fishing plan was updated without consulting to relevant stakeholders (i.e. North Sea Foundation) creates a condition of certification that will ensure that formal mechanisms are in place regarding consultation processes for fisheries management.

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Conditions & Recommendations » However, a number of criteria which contribute to the overall assessment score scored less than the unconditional pass mark, and therefore trigger a binding condition to be placed on the fishery, which must be addressed in a specified timeframe (within the 5 year lifespan of the certificate). Full explanation of these conditions is provided in Appendix 1.3 of the report, but in brief, the areas covered by these conditions are: PI 1.2.2 Well defined harvest control rules are in place

Score 75

There are a range of management regulations in place all of which act to limit exploitation Rationale rates consistent with the harvest strategy. However, whilst the management tools in use are well defined there are not explicit harvest control rules for this fishery and therefore SG 80a is not met. Condition Define explicit harvest control rules within the management plan to ensure that the exploitation rate is reduced as limit reference points are approached.

PI 1.2.3 Relevant information is collected to support the harvest strategy

Score 75

Rationale Information on razors discarded is not available. Discard mortality is estimated to be high and therefore the amount of razors discarded is needed to have a full estimation of fishing mortality.

Develop a monitoring program to estimate proportion of razors discarded from the overall Condition catch in order to have good information on all removals. The monitoring program should identify whether the proportion of razors discards is significant and requires it to be monitored on a regular basis.

PIs 2.2.2 2.2.2: There is a strategy in place for managing bycatch that is designed to ensure the fishery does not pose a risk of serious or irreversible harm to bycatch populations and 2.2.3: Information on the nature and the amount of bycatch is adequate to determine 2.2.3 the risk posed by the fishery and the effectiveness of the strategy to manage bycatch

Score 2.2.2: 60 2.2.3: 65

There is no partial strategy for managing the interaction of the fishery with bycatch (discarded) species. Rationale Landing statistics do not allow determination of increased risk, since bycatch species are discarded prior to sorting on board and levels are unknown. The 5% bycatch (of retained species) limit does not account for undersized or smaller species cleaned and discarded prior to sorting. Develop management measures that specifically refer to issues in relation to bycatch (discards) species Condition and introduce on-going means to monitor, manage and reduce (where necessary) levels of bycatch. In the case where management measures are considered unnecessary, this should be demonstrated through routine monitoring based on information across all grounds targeted on a fleet basis.

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Information is adequate to determine the risk posed to habitat types by the fishery and PI 2.4.3 the effectiveness of the strategy to manage impacts on habitat types

Score 75

The following scoring issue is not met at SG80: Sufficient data are available to allow the nature of the Rationale impacts of the fishery on habitat types to be identified and there is reliable information on the spatial extent of interaction, and the timing and location of use of the fishing gear.

Reliable information, such as VMS data, has not been provided to determine the spatial extent of interaction and timing and location of the fishing gear. Condition Produce maps of spatial extent, timing and location of fishing operations including overlay with habitat base maps including locations of SACs.

The management system has effective consultation processes that are open to interested and affected parties. PI 3.1.2 The roles and responsibilities of organisations and individuals who are involved in the management process are clear and understood by all relevant parties

Score 75

The consultation process has not provided opportunity for all interested and affected parties to be Rationale involved. The North Sea Foundation was not involved in a decision to increase the number of licences in this fishery, from 5 to 8 in 2006, and was only informed after the decision had been taken. The NSF subsequently opposed this decision. Further involvement of the Foundation in development of the annual management plan is not formalised Condition Implement mechanisms to ensure that all relevant stakeholders are consulted in fisheries management decision making processes

For interested readers, the report also provides background to the target species and fishery covered by the assessment, the wider impacts of the fishery and the management regime, supported by full details of the assessment team, a full list of references used and details of the stakeholder consultation process. FCI Ltd confirms that this fishery is within scope.

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2. Authorship and Peer Reviewers 2.1 Assessment Team

Assessment team leader: Dr Antonio Hervás Responsible for assessment under Principle 1 Dr. Antonio Hervás is Food Certification International Fisheries Development Manager. He is an established Fisheries Scientist specialising in quantitative stock assessment methods and the design of management strategies for the sustainable exploitation of the fish resources. Dr. Hervás holds a BSc in Marine Sciences, a Higher Diploma (postgraduate course) in Fisheries Management, Development and Conservation and a PhD in the development of stock assessment procedures. From 2001 to 2008 he worked as a fisheries scientist for the assessment on mollusc stock of Ireland at Trinity College Dublin and at the marine Science-MRI at the National University of Ireland, Galway. During this time Dr. Hervás was an active member of the National Shellfish management Framework with responsibilities on providing scientific advice on the status of mollusc stocks for their management. During this time Dr. Hervás published an extensive number of peer reviewed papers, technical reports and has acted as peer reviewer for the ICES Journal of Marine Science. From 2009, Dr. Hervás acted as Team Leader and Principle 1 expert against the MSC standard. Expert team member: Ms Fiona Nimmo Responsible for assessment under Principle 2 Fiona Nimmo is an Associate Director with Poseidon Aquatic Resource Management Ltd and has over 7 years’ experience in commercial fisheries, marine environmental and renewable energy consultancy. Fiona is a Principle 2 expert and assessor for the Marine Stewardship Council certification scheme and has worked on full and pre-assessments in the UK, Denmark, Germany and Sweden and in the Asian region. She has worked on five MSC full assessments as the Principle 2 expert and has also adopted Team Leader responsibilities for one of these assessments. Fiona has completed a number MSC pre assessments at various scales including at a district level for Sussex SFC inshore fisheries; a national level for the Danish fleet across 33 species and 10 gear types; regional level for 2 species across the Bay of Bengal region (eight countries); as well as for single fisheries. Fiona has a keen knowledge on EU Policy in relation to fisheries and their management to protect environmental features and ecology. She recently completed a Regulatory Impact Assessment of marine extensions to Special Protected Areas (SPA) for the Scottish Government and is currently involved in an Impact Assessment of the EC Seabirds Plan of Action. Fiona has undertaken commercial fisheries and natural fish resource assessments for EIA studies for various marine developments including large offshore wind farms. She has assisted in the development of industry plans including Scottish Inshore Fishery Groups Model Management Plan and Guidance; the South East Fishing Industry Development Plan; and Objectives and Measures for Brown Crab Management for the UK and Ireland Crab Working Group. Throughout her career she has been actively involved in consultation on a wide range of projects and has regularly engaged with statutory consultees, fishermen and fisheries stakeholders, as well as organising and facilitating Public Exhibitions. Fiona also provides Poseidon’s in house GIS expertise and is proficient with ArcMap version 10. Expert team member: Mr. Andy Read Responsible for assessment under Principle 3 Andy Read is currently Director of Fisheries in the Isle of Man. A week after graduating with a degree in marine biology he started out as a ‘deckie learner’ in the Isle of Man scallop fleet, before working in Australia and Scotland on larger vessels, and eventually owning his own potting vessel. After 8 years at sea he took a Masters degree in Fisheries Science at Aberdeen University, and following a brief spell in Washington DC working on fisheries policy, took up a post as Assistant Chief Executive of the National Federation of

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Fishermen’s Organisations, based in Grimsby. He remained in Grimsby as secretary of a large Fish Producer’s Organisation, the North Sea Fishermen’s Organisation, for a further 5 years, before returning to the Isle of Man. During the 5 years with the NSFO he also worked as a consultant on a number of fisheries projects, including ones for the European Parliament Fisheries Committee, European Commission, Government of Malta and a variety of offshore energy developers. As Director of Fisheries in the Isle of Man, Andy Read has overseen a large number of changes within the industry, developing a conservation regime, underpinned by scientific advice, that has seen the Isle of Man Queen Scallop fishery successfully apply for MSC accreditation. Expert team member: Mr. Marnix van Stralen Responsible for consultation on local issues Marnix van Stralen started his career in 1986 as fisheries biologist at shell fish department of the Dutch Fisheries Institute (RIVO, now IMARES) in Yerseke. In the early nineties he designed the annual surveys for commercial bivalve species (incl. for razor ) as carried out till today. As expert on shell fish stocks and fisheries he was closely involved in the development of the policy for shell fisheries and the increasing importance of nature conservation (Natura-20000) in the measures to be taken. In 2000 Marnix continued his career as private consultant. Since then he still carries out the yearly assessments of mussel stocks, is involved the development of management and fishing plans for the government and industry and is still contributing to various scientific impact and carrying capacity studies. Abroad he contributed to the development of better survey techniques and a management plan for the fisheries in the Wash (ESFJC). Other jobs aiming for feasible and sustainable shell fish fisheries abroad were carried out on the African west coast (Morocco, Mauritania, and Senegal) and in the Black Sea. Other topics Marnix was/is involved in are the development of an electrical beam trawl for flat fish, stock assessments and a management plan for the lobster fisheries in the Oosterschelde, and most recent, the development of a management plan for brown shrimp fisheries in Natura 2000 areas like the Wadden Sea. MSC trajectories Marnix was involved in earlier are: the lobster fisheries in the Oosterschelde area (pre assessment) and the bottom and rope culture for mussels in the Dutch coastal waters (both on behalf of the client). Expert advisor: Paul Macintyre MSC Chain of Custody and Traceability specialist / Lead Auditor 15 years’ management experience within the aquaculture and fish processing sectors. 20 years’ experience auditing ISO, HACCP, BRC, GlobalGAP, organic and conventional farming operations within the aquaculture production and fish processing sectors and including MSC Chain of Custody since 2005. ISO 9001 Lead Auditor (QMI 1991); Registered Organic Inspector (DEFRA); Diploma in Advanced Food Hygiene (Queen Margaret University Edinburgh); BRC v5 Food Manufacturing Auditor BRC (London and Manchester); GlobalGAP IFA Trainer (GlobalGAP Cologne) ; RYA Yachtmaster Offshore (RYA Southport) ; Diploma Photography (Photography Institute) 2.1.1 Peer Reviewers Peer reviewers used for this report were Dr Andrew Hough and Dr Julian Addison. A summary CV for each is available in the Assessment downloads section of the fishery’s entry on the MSC website. 2.1.2 RBF Training Dr Antonio Hervás has been fully trained in the use of the MSC’s Risk Based Framework.

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3. Description of the Fishery 3.1 Unit(s) of Certification and scope of certification sought

Food Certification International Ltd confirms that the fishery is within scope of the MSC certification sought for the assessment as defined. Prior to providing a description of the fishery it is important to be clear about the precise extent of potential certification. The MSC Guidelines to Certifiers specify that the unit of certification is “The fishery or fish stock (biologically distinct unit) combined with the fishing method / gear and practice (= vessel(s) and / or individuals pursuing the fish of that stock)”. This clear definition is useful for both clients and assessors to categorically state what was included in the assessment, and what was not. This is also crucial for any repeat assessment visits, or if any additional vessels are wishing to join the certificate at a later date. The unit of certification for the fishery under consideration is as set out below. The fishery assessed for MSC certification is defined as:

Species: Razor shell (Ensis directus) Stock: Dutch coastal waters Ensis directus stock Geographical area: ICES Area IVc within the Netherlands EEZ Harvest method: shellfish suction dredge: using airlift and suction pump Client Group: Signatories to the CPO Nederlandse Vissersbond UA Ensis Fishery Management Plan fishing for North Sea razor shell using shellfish suction dredge in ICES area IVc within the Netherlands EEZ

Please note that whilst the Unit of Certification details the full extent of what is being assessed, it is the full and complete Public Certification Report that precisely defines the exact nature of certification for this fishery. This Unit of Certification was used as it is compliant with client wishes for assessment coverage and in full conformity with MSC criteria for setting the Unit of Certification. 3.1.2 Scope of Assessment in Relation to Introduced Species Based Fisheries (ISBF) The fishery meets the scope criteria for ISBF (Annex CJ CR V 1.2). Ensis directus is native in the western Atlantic from southern Labrador to South Carolina (Swennen, C et al., 1993; Cosel, v et al., 1983) (Figure 3.1). It was introduced to the German North Sea coast in 1978/79, since then rapidly spreading in the North Sea to Denmark, Sweden, Norway, The Netherlands, Belgium and to the northern parts of France (Luczak, C et al., 1993). The first strong cohort in Europe originated in 1979 in Germany where larvae were transferred with ballast water of tankers from the east coast of the USA in 1978 (Luczak, C et al., 1993). Its introduction is understood to happen as result of one only event and there is no continuing introduction of Ensis directus in the North Sea. Since then, the species has spread rapidly in the North Sea reaching the Netherlands in 1982. The species is currently self-sustained in the North Sea. The free swimming larvae spread with the currents along the coast, occupying the free niche of clean sand in lower intertidal flats in the

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Wadden Sea. Furthermore, post larval stages may re-enter the water column for secondary dispersal in summer (Armonies, 1992). E. directus prefers muddy, fine sand with small amounts of silt in the intertidal and subtidal zones in bays and estuaries. These areas relatively exposed with a general low level of macrozoobenthos. Such poorly populated areas present an 'empty' niche for well-adapted species like E. directus (Beukema & Dekker 1995.) Figure 3.1. World-wide distribution of Ensis directus

Source: Working Group on Introductions and Transfers of Marine Organisms

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3.2 Overview of the fishery

3.2.1 CPO Nederlandse Visserbond UA Fishery Ownership CPO Dutch Fishermen’s Federation. History of the Fishery Ensis directus is an introduced species in Dutch waters. The species was firstly discovered in the Netherlands in 1982 (Luczak, C et al., 1993) and since then has spread rapidly along the entire cost. A fishery on razor shell was started in the 1990´s and has slowly increased in the following years. In 2006 four vessels were active in this fishery landing about 2000 tons of razor shells. In 2011 this catch has increased to about 3700 tones. Organisational Structure The DFA (De Nederlandse Vissersbond) was founded in 1934. In this year 7 local fishermen’s organisations decided to join forces. Since then the organisation has grown and the organisation has over 300 members now. The DFA represents fishermen operating in the North Sea and Wadden Sea and fishermen fishing in inshore waters (IJsselmeer and Markermeer). The DFA operates to Producers Organisations (PO). The (app. 225) fishermen in the North Sea and Wadden Sea are organised in the CPO Nederlandse Vissersbond whereas the fishermen in Lake IJsselmeer (app. 75) are organised in the PO IJsselmeer. The DFA has a separate shellfish section. All Ensis fisherman and a few mussel fishermen are members of the CPO Nederlandse Vissersbond. Area Under Evaluation The area under evaluation is the Dutch EEZ. 3.2.2 Species and Fishing Practice Species type/s The target species for the fishery under certification is Ensis directus Management History The fishery takes place in coastal waters in the south (west of Zeeland province) and in the North (above and between the islands bordering the Wadden Sea). The fishery is subject to effort restriction through a limited number of eight licenses and a maximum allowed catch set at 8000 tons. The fishery in the south is currently carried out by three vessels. There are two Natura 2000 sites in the southern area (Voordelta and Vlakte van de Raan). The fishery in the north is carried out by one vessel. The entire coastal zone along the North Western and Northern zone of the Netherlands is a designated as the Natura 2000 site ‘’Noordzeekustzone”. Management for the razor fishery is designed to ensure that the conservation status of the Natura sites is met. Therefore Appropriate Assessments are required for fisheries occurring in areas designated as Natura 2000. Two management plans have been drawn up for the fishery: one for the years 2005-2008 and one for 2011-2012. The first management plan was presented to the Ministry of Agriculture, Nature and Food quality (LNV – now EL&I) and the Dutch Fish Product Board (Productschap Vis) and is now part of the wider ranging co-management strategy ´Ruimte voor een Zilte Oogst, setting out the national shellfish management policy 2005-2020 (for more details see section 5).

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Fishing Practices The gear type used in this fishery is a hydraulic dredge (Figure 3.2). This dredge type pumps water into the seabed, fluidising the sediment, and allowing the dredge, which penetrates up to 22cm deep, to scoop up razor fish into the dredge for this fluidized sediment. The shells collect in a steel basket to the rear of the dredge, with a minimum grille spacing of 11mm. From there individual shellfish are transported, via a pipe with a lift pump or an air lift, onto the deck of the vessel. The dredge knife has a maximum width of 1.25m. However, the overall footprint of the dredge on the seabed is somewhat larger than this, allowing for the width of the skids and other superstructures associated with the dredge. Figure 3.2. Hydraulic dredge

Source: FCI assessment team Table 3.1: List of member vessels Name Vessel Reg. No.

Blok Poleij schepen BV BZ 9

Seafarm BV KG 8

Gerjets BV HA 36

Lenger Seafoods BV HA 5 Source: client An up to date vessel list can be obtained by contacting FCI using the following details: FCI Fisheries Department Contact Email: [email protected] Contact Tel: +44(0)1463 223 039 (FCI main number)

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Historical Fishing Levels A fishery on razor shells was started in the 1990´s and has slowly increased in the following years. In 2006 four vessels were active in this fishery landing about 2000 tons of razor shells (Figure 3.3). In 2011 this catch has increased to about 3750 tones. Highest catches are recorded in the Voordelta where three out of the four active vessels operate. Figure 3.3. Landings in the Noordzeekustzone and Voordelta in years 2006-2010.

3,000.00 Noordzeekustzone 2,500.00 Voordelta

2,000.00

1,500.00 tonnes

1,000.00

500.00

0.00 2006 2007 2008 2009 2010 2011 Year

Source: Client 3.2.3 Administrative Framework Legislative Background Common Fisheries Policy The Ensis directus fishery under assessment takes place entirely within Dutch coastal waters, where only Dutch registered fishing vessels are licensed to fish. The Netherlands are a Member State of the European Union, and the over-arching legislative framework is that of the Common Fisheries Policy, in force in its present form since 1983. The CFP has three elements, covering conservation and management of fisheries resources, common organisation of the market, and third country policy. The CFP was subject to major review in 2002, and a further review is due for completion by 2013. The main elements of the CFP are set out in the basic fisheries regulation (EU 2371/2002).This regulation allows more detailed regulation by either the Council of Ministers or the Commission, dealing with issues such as fleet structures, technical conservation regulations or quotas. The most significant recent piece of CFP regulation is the comprehensive Control Regulation (EC 1224/2009), amending a host of previous regulations relating to monitoring control and surveillance of fisheries. Other European Union legislation also applies to the Ensis directus fishery: The Habitat Directive 92/43/EEC on the conservation of natural habitats protects over 1,000 species, many of which are associated with the Ensis fishery. The directive has led to a network of protected areas known as Natura 2000 sites. Similarly, many species of seabird protected by the updated Birds Directive 2009/147/EC are dependent on protected intertidal habitats associated with the fishery.

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The Water Framework Directive 2000/600/EC came into force in 2000, and requires all Member States to reach good chemical and ecological status in all inshore waters by 2015. In the case of the Enis fishery this overlaps with marine waters covered by the Marine Strategy Framework, backed up by regulation EU 2010/477, requiring similar status for marine waters by 2020. Netherlands Shellfish Policy and Legislation The main legislative instrument of fisheries management in the Netherlands is the Fisheries Act (Visserijwet 1963). The Fisheries Act establishes powers and responsibilities to regulate the Dutch fishery. By the Royal Act (Koninklijk Besluit) “Reglement Zee- en Kustvisserij” the Minister of Agriculture, Nature and Food Safety (LNV)1 is empowered to regulate fisheries through measures such as licensing, technical measures and similar. EU and National fisheries legislation is enforced by the General inspection Service (Algemene Inspectie Dienst, AID), part of LNV. LNV also operates patrol vessels to assist with compliance. LNV, after consultation with NGOs and industry, published a long term management policy for shellfish species in 2004: Ruimte voor een zilte oogst: Beleidsbesluit Schelpdiervisserij 2005 – 2020 (http://www.aquaculture.wur.nl/NR/rdonlyres/3ADD5675-A43F-4521-9B9D- 2368ADED1EEA/76785/Ruimtevoorzilteoogst.pdf). This policy has three specific objectives, that shellfisheries are managed so that they are (i) profitable (ii) ecologically acceptable and (iii) have broad public support. Productschap Vis, the Dutch Fish Product Board, is an agency with jurisdiction relating to product and water quality, and has active involvement of industry.

1 1 Now the Minister of Economic Affairs, Agriculture and Innovation (EL&I).

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3.3 Principle One: Target Species Background

Principle 1 of the Marine Stewardship Council standard states that: A fishery must be conducted in a manner that does not lead to over fishing or depletion of the exploited populations and, for those populations that are depleted, the fishery must be conducted in a manner that demonstrably leads to their recovery. In the following section the key factors which are relevant to Principle 1 are outlined. 3.3.1. The razor (Ensis directus) life cycle Ensis spp are broadcast spawners with a free-swimming larvae phase. Spawning occurs mainly in spring. The annual postlarval settlement starts in the Netherlands in May-June. The juveniles settle on clean sands in the subtidal area and in the lower zone of the intertidal areas, where they burrow in the sediment and filter-feed on algae. They live near the surface, but are able to disappear rapidly to great depth when disturbed. E. directus larvay are also able to swim or use byssus threats for drifting (Swennen et al., 1985; Armonies, 1992). They show a diurnal rhythm, being more abundant in the water column at night (Armonies, 1992). E. directus prefers muddy, fine sand with small amounts of silt in the low and subtidal zones in bays and estuaries [Beukema & Dekker 1995; Swennen et al., 1985]. Birds seems to be the main predator (in Europe: Common scoter Melanitta nigra, Eider duck Somateria mollissima and Oystercatchers Haematopus ostralegus, in America: Larus delawarensis) (Swennen et al., 1985). Eider ducks feeds on Ensis sizes up to 11 cm and scoters up to 9 cm (Leopold et al., 2008). Spat of Ensis is eaten by crabs and fish. E. directus grow in the first year up to 3-7cm. After the second year growing season 9-13 cm in length are reached. After the third growing season razor shells attain a length in between 12-15cm. The life-span is up to 5 years. The maximum size is 16-17 cm (Dörjes, 1992; Beukema & Dekker, 1995). Natural mortality of Ensis directus has not been directly estimated. However an approximate value can be obtained from Pauly (1980) equation, which provides an indirect way of estimating M by relating it to growth rate parameters. Pauly (1980) equation has the following form: logM 0.0066 0.279log L∞ 0.6543log K 0.4634logT where L∞ and K are the maximum length and growth coefficient from the Von Bertalaffy growth curve and T is the average water temperature in which the stock lives. Palmer (2004) modelled growth of Ensis directus in the Wash (South East coast of England). Growth rate coefficient K estimates ranged between 0.31 and 0.65 depending on fishing bed. The average sea temperature in Dutch coastal waters is 11°C (http://www.ecomare.nl/ecomare- encyclopedie/gebieden/noordzee/noordzee-algemeen/). Using growth and temperature information available and applying the above equation M values are estimate at 0.5-1.0. Ensis directus reach maturity at a length of 80 - 100 mm and at an age of 2 to 3 years (Fahy & Gaffney, 2001; Fahy et al, 2001; Muir & Moore, 2003). 3.3.2. The harvest strategy for the exploitation of the razor stock off the Dutch coast. The harvest strategy for the exploitation of the razor stock off the Dutch coast is composed of a fishing plan and monitoring and assessment procedures. The fishing plan contains a set of measures and harvest control tools designed primarily to ensure that the fishery does not pose a risk to the conservation status of the sites. The Voordelta and the Noordzeekustzone are classified under Natura 2000 as Special Area of Conservation (SAC) and Special Protection Area (SPA) under the EU Habitat and Bird Directives, respectively. A maximum annual quota is set at 8000 tons which have

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shown to be highly precautionary as is estimated to represent 3.58% (±0.96, 95%CL) of the total adult stock as estimated for 2006-2011 (exploitation rates are calculated using IMARES stock assessment data and landings data). Regulatory measures to which the fishery is subject to are described as follow: » Minimum landing size of 10 cm. However fishers target razors of size 12cm and above » Setting an annual quota (i.e. 8,000 tones). Current landings are in fact well below this TAC, which has never been reached » A maximum dredge blade width of 1.25m » Minimum bar spacing within the dredge of 11mm » Limited number of licenses (8) » A maximum bycatch of 5%- vessels must move if this is exceeded » A maximum fishing time per vessel of 2400 hours a year, and a maximum of 200 days at sea » A maximum towing speed of 500m per hour » A maximum of 10% of damaged shells to be permitted in the catch » Fishing is not permitted within 500m of congregations of feeding birds » Fishing is not permitted in the Wadden Sea. » Fishing is not permitted in the Western and Eastern Scheldt (SW Netherlands) 3.3.3 Monitoring and assessment of the razor stock off the Dutch coast Razor shell stock biomass and its distribution are estimated through the use of independent research surveys. Stock assessment has been carried out on an annual basis since years 1995 through the use of a regular grid survey. Allocation of sampling stations is stratified using population density results from earlier year survey as a variable. A total number of 842 samples were taken in year 2010 covering all four areas off the Dutch coast (Figure 3.4-3.5). Samples are taken with three different gear types: 1. A modified cockle dredge with 20cm blade. 2. A research dredge with a 10cm blade and 3. A Van Veen box corer. The two dredges used 0.5cm mesh in the sieves located around the dredge blade and on board (i.e. washing sieve). Both dredges penetrate 7cm in the sediment. The box corer is used in rocky areas where dredges cannot operate. The formal minimal length size as set by the Dutch authorities is 10 cm. However fisherman fish inpractice on sizes of 12 cm length (which equates to 16cm in width) and bigger and also IMARES distinguish in their surveys between sizes over and below 12 cm. All razor sampled are counted and measured. The survey gear only catch the upper part of the shells. Hence the width of the upper part is measured and converted into length. . Stock estimates are calculated for under and commercial sized razors. Stock biomass is calculated using the shell width – weight isometric relationship estimated for this stock. The total biomass is estimated by summing the biomass obtained in each individual sample and extrapolating it to the overall surveyed fishing ground.

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Figure 3.4. Distribution of sample station in 2010 survey

Source: Source: IMARES 2010 stock assessment

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Figure 3.5. Map showing different geographic areas along the Dutch cost. Fishing effort occurs in the Natura 2000 designated areas located in the Voordelta and the Noordzee Kustzone.

Source: Source: IMARES 2010 stock assessment

Figure 3.6 shows distribution of razors off the Dutch coast as estimated by the 2010 research survey. Highest distribution of razors is found in the Voordelta and in the Noordzeekustzone. Stock size has increased from in the last decade and a significant increased occurred in year 2010- 2011. Population trends are similar whether we consider the whole Dutch coast or the main fishing grounds separately (Figure 3.7). The majority of the stock is below the commercial minimum landing size of 120mm. The average proportion of undersized (<12cm) razors in years 2006-2011 in the Voordelta and the Noordzeekustzone is 88% and 86%, respectively (Table 3.2-3.4). Table 3.2-3.4 show the maximum exploitation rate set by management (i.e. 8000 tons maximum allowed catch) calculated as the proportion of razor shell that could be landed from the overall adult population. The current exploitation rate is also showed which shows that landings are well below the total maximum allowed catch.

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Figure 3.6. Distribution of razors (numbers (left) and biomass (right)) off the Dutch coast as estimated by the 2010 research survey.

Source: IMARES 2010 stock assessment Figure 3.7. Stock population trends as estimated by independent research surveys

Overall Dutch Stock 160,000 Voordelta Noordzeekustzone 140,000

120,000

100,000

80,000

60,000

40,000

20,000 Stock Stock Size (numbers millions) in

0

Source: IMARES research surveys reports

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Table 3.2. Total stock size (in millions), proportion of large and small razors shell and maximum and current exploitation rates of adult stock for the overall Dutch coast. Calculations are carried out assuming an average weight per landed of 25 grms. Year total stock size % <120mm % > 120mm Maximum Current E E (%) (%) 2006 37,358 0.82 0.18 4.87 1.17 2007 70,075 0.89 0.11 4.27 1.20 2008 65,756 0.85 0.15 3.35 0.98 2009 26,571 0.74 0.26 4.61 1.61 2010 135,530 0.89 0.11 2.23 1.00 2011 96,410 0.84 0.16 2.12 0.99 Source data: IMARES research surveys reports

Table 3.3. Total stock size (in millions), proportion of large and small razors shell and maximum and current exploitation rates of adult stock for the Voordelta. Calculations are carried out assuming an average weight per animal landed of 25 grms. Year total stock size % <120mm % > 120mm Target E Current E (%) (%) 2006 16,666 0.92 0.08 16.52 3.95 2007 13,878 0.89 0.11 14.09 4.53 2008 20,941 0.87 0.13 8.15 2.65 2009 6,995 0.75 0.25 12.35 5.48 2010 31,900 0.93 0.07 10.23 5.92 2011 44,114 0.94 0.06 8.55 4.21 Source data: IMARES research surveys reports

Table 3.4. Total stock size (in millions), proportion of large and small razors shell and maximum and current exploitation rates of adult stock for the Noordzeekustzone. Calculations are carried out assuming an average weight per animal landed of 25 grms. Year total stock size proportion S proportion L Target E Current E (%) (%) 2006 5,826 0.77 0.23 7.59 1.84 2007 28,704 0.95 0.05 7.12 1.38 2008 9,976 0.87 0.13 7.65 1.65 2009 3,933 0.70 0.30 8.52 1.21 2010 57,981 0.97 0.03 5.47 0.92 2011 25,955 0.92 0.08 4.88 1.99 Source data: IMARES research surveys reports

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3.4 Principle Two: Ecosystem Background

Principle 2 of the Marine Stewardship Council standard states that: Fishing operations should allow for the maintenance of the structure, productivity, function and diversity of the ecosystem (including habitat and associated dependent ecologically related species) on which the fishery depends. The following section of the report highlights some of the key characteristics of the fishery under assessment with regard to its wider impact on the ecosystem. 3.4.1 Aquatic ecosystem of the North Sea The Dutch territorial waters of the North Sea, where the majority of the fishery operates, is an area characterized by high primary productivity and the presence of rich communities of bottom-dwelling organisms (zoobenthos), including important concentrations of shellfish. The parts of the coastal waters, situated off the Southern delta and along the Wadden Sea, have a significant population of common and grey seals. Harbour porpoises can be encountered throughout the entire area. The rich macrobenthic environment makes the coastal waters nationally and internationally important for a range of bird species. Depending on the season species present include various divers, seaduck, gull and tern species. Groups of over 100,000 common scoters and over 50,000 eider ducks have been sighted (Dotinga and Trouwborst, 2009). E. directus is an invasive species likely to have been introduced to European waters through ballast water, with free swimming larvae spreading with currents throughout the southern North Sea. The first record of E. directus along the European mainland coast was in the German Bight in 1978. It has spread rapidly in the southern North Sea countries: around the North Sea coast of Denmark and The Netherlands by 1982, to Belgium by 1984 and France by 1986. It reached the English Channel by the end of the 1980s. It is also observed in Sweden in 1982 and Norway in 1989. The European distribution of E. directus is shown in Figure 3.8 and a biomass map of E. directus in the Dutch North Sea is shown in Figure 3.6. Naylor (2006) states that E. directus competes with other sand-living bivalves (filter feeders) and, if its population in an area becomes very large, it can affect the overall structure of the benthic community. Due to the burrowing nature of this species, in areas with dense populations, it can influence the character of the sediments and hence the habitats of other species. On the Dutch coast, E.directus has become one of the dominant species (Naylor, 2006). The mean density of E. directus in the Dutch coastal zone increased from around 2–5 individuals m2 in the late ‘90’s to around 12–19 individuals m2 from 2002 onwards. Diet studies (Tulp et al 2010) show that E. directus makes up a significant proportion in the current diet of plaice, sole, dab, flounder and dragonet and in the diet of eider and common scoter. In recent years E. directus contributed 20–100% of the total wet weight in fish stomachs. A frequency of occurrence in stomach contents of 85–90% in eider and 26% in common scoter was also found. Tulp et al (2010) conclude that E. directus is possibly an important food item for fish and seabirds when they occur in high densities and in the right size classes. Since the availability depends greatly on massive die-offs, shell size, burying depth and water depth, it is probably not a very reliable food source. Judging from the role E. directus currently plays for the higher trophic levels; the study concludes that its introduction must have caused a major change in the food relations in its distribution area. The Belgian Science Policy are currently studying the impact of E. directus on the spatial distribution of wintering seaducks (Melanitta nigra) in the Belgian North Sea, as well as evaluating the potential

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impact of E. directus on the indigenous macrobenthic fauna by comparing existing macrobenthic data obtained prior to and after its introduction in 1987. Preliminary results for this study show that in relation to macrobenthos, E. directus may have replaced local species in coastal waters, but cannot be held responsible for their rarefaction further offshore. No significant effect of E. directus on macrobenthic fauna has been evidenced by the study so far, perhaps due to alterations caused by various anthropogenic pressures since time of E. directus introduction (van Lancker et al, 2011). Figure 3.8: Distribution of E. directus

Source: Ovcharenko et al., 2007 3.4.2 Habitat and benthic communities Broad scale habitat mapping undertaken as part of the EUSea Map project (Figure 3.9) shows the prominent habitats in the Dutch EEZ to be shallow sand and shallow mud with small areas of shallow coarse or mixed sediments. Figure 3.9. EUSea Map substrata and biological zone information

Source: Cameron and Askew, 2011

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The Netherlands has nominated five Natura 2000 sites as components of the OSPAR Network of MPAs, together covering approximately 8 400 km² in the Greater North Sea (OSPAR Region II). Three of these sites are situated in the Dutch territorial waters (Figure 3.10), namely the Noordzeekustzone (Northern Coastal Zone) (ca. 1400 km²), the Voordelta (ca. 900 km²), and the Vlakte van de Raan (175 km²). Two sites have been designated in the Dutch Exclusive Economic Zone, namely the Doggerbank (4718 km²), and the Klaverbank (1 238 km²). All these areas have been designated according to Dutch legislation of the Nature Conservation Act and the Flora and Fauna Act in 2010 and have a number of bird species as qualifying features. The management plan for the Voordelta has been finalised and is currently being implemented. Management plans for the other MPAs are being developed across the period 2010-2013 (von Nordheim et al., 2010) Figure 3.10. Dutch marine Natura 2000 designated areas a) Northern coastal zone ‘Noordzeekustzone’ (light green) and Wadden Sea (dark green) and b) Voordelta

Source: Rijksoverheid Dutch Government, 2009 Three Special Areas of Conservation (SAC) are designated in Dutch coastal waters: Noordzeekustzone (NL2008004), Vlakte van de Raan (NL2008003) and Voordelta (NL4000017). All three SACs are designated for the presence of sand banks which are slightly covered by sea water all the time (Habitat Type 1110); in addition the Voordelta is also designated for the following habitats: » Mudflats and sandflats not covered by seawater at low tide (1140); » Salicornia and other annuals colonising mud and sand (1310); » Spartina swards (Spartinion maritimae) (1320); and » Atlantic salt meadows (Glauco-Puccinellietalia maritimae) (1330). Of the above habitats, sublittoral sandbanks and intertidal mudflats and sandflats have the highest potential to be affected by suction dredging (Sewell and Hiscock, 2005). Suction dredging uses water jets to penetrate and fluidise sediments down to depths of 30cm. The Ensis fishery operates in areas of sandy sediments which are highly wave exposed with mobile sediments. The Ensis fishery is considered to be a plan or a project and therefore under the Nature Conservation Act 1998 in accordance with Article 6 paragraph of the Habitats Directive an Appropriate Assessments for the Ensis fishery was undertaken in 2005 and updated in 2009. Keus (2009) undertook the most recent Appropriate Assessment to analyse the potential impact to habitat qualifying features in the Voordelta and Noordzeekustzone. Given the small proportion of

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habitat type 1110 that could be effected based on the coverage of the four Ensis vessels (160 ha), together with the dynamic character and resilience of the sediment, the Appropriate Assessment concludes that the fishery is not impacting the conservation objective for the protection of these habitats. The general area of operation of the fishery is understood and the vessels are equipped with Vessel Monitoring System (VMS), the data from which can be collated and mapped to determine spatial overlap of the fishery. This information was not present at the time of assessment and has resulted in a condition to be raised under the Habitat Information component. 3.4.3. Retained and bycatch species Species occasionally landed in conjunction with the E. directus suction dredge fishery include otter shells Lutraria lutraria and venus shells Tapes philippinarum. It is understood that landings of these retained species is very low and less than 5% of total catch by weight. Bycatch sampling (Table 3.5) indicates that sea potato and brittle star Ophiura species are main bycatch species representing respectively 12.7% and 9.8% of the catch by number of individuals. Other minor bycatch species include common starfish, crab and worm species. Table 3.5: Total number of species in Ensis bycatch sample Species Total % Razorshell Ensis directus 657 68.2 Sea potato Echinocardium cordatum 122 12.7 Ophiura species 94 9.8 Tube worm Lanice conchilega 41 4.3 Common starfish Asterias rubens 15 1.6 Brustleworm Scloloplos armiger 6 0.6 Brown shrimp Crangon crangon 5 0.5 Lugworm Arenicola marina 5 0.5 Ragworm Nereis diversicolor 5 0.5 Swimming crab Portunus depurator 5 0.5 Burrowing shrimp Callianassa 3 0.3 subterranean Masked crab Corystes cassivelaunus 2 0.2 Common hermit crab Eupagurus 2 0.2 bernhardus Sea anemone (species unknown) 1 0.1 Flat worm (species unknown) 1 0.1 Source: den Heijer, 2011 IMARES (2010) have undertaken annual spring shellfish surveys since 1995 for Ensis sp., Spisula subtruncata, Cerastoderma edule, Mystilus edulis and L. lutraria, and added five further species to the assessment in 2010: Donax vittatus, S. solida, S. elliptica, Venerupis senegalensis, and Chamelea striatula.

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In relation to L. lutraria highest concentrations were found along the coast of the province Zuid- Holland (in the North West of the Netherlands), although a low density was noted in the Voordelta. Most (92.9%) L. lutaria were found outside Natura 2000 areas. While these surveys estimate spawning stock biomass, they do not provide reference for biologically based limits. Due to insufficient data available for assessment of the retained and bycatch species with respect to biologically based limits, the Risk Based Framework (RBF) has been used to assess outcome status for these components. 3.4.4 Endangered, Threatened and Protected (ETP) species The Dutch North Sea EEZ is particularly important for breeding seabirds as well providing key foraging areas in the winter, especially the Frisian Front, an area north of the Wadden Islands and the Northern Coastal Zone. The Northern Coastal Zone (Noordzeekustzone) provides important sources of food to a number of bird species. In this area clams Spisula and razor shell Ensis directus are the main food source for the foraging black scoter and eider duck. In winter, these food supplies attract up to 10,000 black scoter (10% of the Northwest European population) and - in years of food shortages in the Wadden Sea – up to 50,000 eider ducks. Both types find their food at the bottom and are thus limited to the shallow coastal zone of the North Sea (to about 20 meters depth). The most important concentration areas (for the larger part already protected under the Birds Directive) for the black scoter and eider duck are situated north off the Wadden Islands and off the Noord-Holland coast north of Egmond aan Zee. However, concentrations of common scoters are also frequently found in the Voordelta (Lindeboom et al., 2005). During the breeding season (spring and summer) large numbers of piscivorous birds forage in the entire Northern Coastal Zone, namely gulls and terns including little gull, herring gull, great tern, arctic tern, little tern and common tern. . During the migratory season (autumn and spring) very large numbers of sea birds temporarily stay in the area and can forage there on route to breeding grounds. As a consequence over 1% of the entire population of little gulls may stay off the Dutch Coast at certain times and considerable numbers of Arctic skuas and great skuas migrate through this zone (Lindeboom et al., 2005). The Northern Coastal Zone Natura 2000 site is also important to red-throated divers with up to several thousands of individuals found in this area during winter and spring. The total population of red-throated diver is estimated at 110,000, nearly half of which winters along the eastern North Sea coast, the others migrating to the Baltic and Black Sea. Red-throated divers, black-throated divers and sandwich and Arctic terns occur in the offshore zone of the Dutch EEZ, almost exclusively in spring (April) and particularly in a zone of 25 km width immediately bordering the Northern Coastal Zone (Lindeboom et al., 2005). The Northern Coastal Zone is also thought to act as a refuge area for large numbers of grebes and other water birds during severe winters. The cormorant, which is found to be breeding along the coast in increasing numbers, also feeds in the North Sea Northern Coastal Zone. Lindeboom et al (2005) mapped bird values to represent the sum of occurrence and importance for all species together in the Dutch EEZ (Figure 3.11). This shows the Northern Coastal Zone to be the most important continuous bird area within the Dutch EEZ. Clusters of relatively high bird values are also seen at the Frisian Front and in the area of the Cleaverbank / Botney Cut, but not to values for individual species that would qualify for protection under the Birds Directive. Winter (Feb/Mar) and autumn (Oct/Nov) maps were also produced (Figure 3.12). In winter the southern half of the Dutch EEZ is shown to be more important to birds, with minimal presence in the northern Dutch EEZ. In

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autumn the Frisian Front and the Cleaverbank become relatively more important and Lindeboom et al (2005) hypothesis that this is perhaps due to discards from fisheries operating in these areas. The potential effects the suction dredge Ensis fishery can have on ETP species is limited to disturbance (due to vessel noise) to marine mammals, fish and birds, and removal of food resource which may otherwise be consumed by birds. No direct interactions i.e. capture of ETP species are considered to occur, or are exceptionally rare. In terms of limits for protection of ETP species an Appropriate Assessment is required to be undertaken for any plans or projects being carried out within an SAC and SPA. The plan or project can only be undertaken if it is found not to adversely affect the designated conservation features. These provisions are legally enforceable by the European Court of Justice. Bird species that prey on E. directus include common eider Somateria mollissima, common scoter Melanitta nigra and greater scaup Aythya marila (Tulp et al, 2010; Batist, 2005 Keus, 2009). Birds that consume Ensis have a preference for the smaller individuals (<12cm in length) since larger Ensis have potential to cause choking, particularly in eiders (Swennen et al, 1989 as cited in Craeymeersch et al, 2001). Fishermen favor larger Ensis (12-14cm) and the fishing license and the fishing plan state a minimum landings size of 10cm. Eider ducks feed on Ensis sizes up to 11cm and scooters up to 9cm (Leopold et al., 2008) Competition between the fishery and birds is therefore limited.

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Figure 3.11: Annual mean bird values in the Dutch EEZ

(Source: Lindeboom et al., 2005; based on data from 1991-2002) Figure 3.12: Calculated bird values for the months February-March (left) and October-November (right)

(Source: Lindeboom et al., 2005; based on data from 1991-2002)

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The other form of potential impact to ETP species relates to disturbance. A series of closed areas are in place as part of the Natura 2000 network to protect habitats, important bird areas and seal haul out sites. In addition the Ensis Fishing Plan has committed to maintaining a distance of at least 500 m from concentrations of foraging or moulting birds. Based on the speed of fishing it is unlikely that any disruption to fish or marine mammals occurs. Some positive effects to foraging fish may occur due to discarded worms and other benthic fauna. Disruption to seals is not expected since fishing does not take place in proximity to tidal flats (maintaining a distance of at least 1 km away) due to the operation depths of the dredging equipment. 3.4.5. Assessment of elements under Principle 2 Components The MSC Fishery Certificate Requirements v1.2 require that a list of all Principle 2 species is created prior to scoring the fishery and that it is clearly presented under which component each species is assessed. Table 3.6 presents the species identified for assessment under Principle 2 and the components they are catagorised under. Table 3.6: Principle 2 elements and components Principle 2 Component Species / Element Comments

Otter shells Lutraria lutraria and venus shells Tapes 2.1.1 Outcome status scored philippinaru . using Risk Based Framework 2.1 Retained species due to lack of stock assessments for these species. Main bycatch species are: sea potato Echinocardium 2.2.1 Outcome status scored cordatum and brittle star Ophiura species. using Risk Based Framework Minor bycatch species are: common starfish Asterias due to lack of stock rubens, swimming crab Portunus depurator, masked crab assessments for these species. 2.2 Bycatch species Corystes cassivelaunus, common hermit crab Eupagurus bernhardus, brown shrimp Crangon crangon, tube worm Lanice conchilega, lugworm Arenicola marina, brustleworm Scloloplos armiger, ragworm Nereis diversicolor, burrowing shrimp Callianassa subterranean, sea anemone (species unknown) and flat worm (species unknown). Common eider Somateria mollissima, common scoter Removal of food resource and Melanitta nigra and greater scaup Aythya marila noise disturbance All other Annex I and regularly occurring migratory bird Noise disturbance species listed on Birds Directive and present in Dutch North 2.3 ETP species Sea SPAs. Harbour porpoise Phocoena phocoena, harbour seal Phoca Noise disturbance vitulina, grey seal Halichoerus grypus, shad species A. alosa / A. Fallax and sea lamprey P. marinus. In addition to sandy/mud habitats characteristic of the southern North Sea, sensitive habitats are considered to be SAC habitats including: Mudflats and sandflats not covered 2.4 Habitats by seawater at low tide; Salicornia and other annuals colonising mud and sand; Spartina swards (Spartinion maritimae); and Atlantic salt meadows (Glauco- Puccinellietalia maritimae) 2.5 Ecosystem All indirect effects and wider ecosystem impacts Source: to follow

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3.5 Principle Three: Management System Background

Principle 3 of the Marine Stewardship Council standard states that: The fishery is subject to an effective management system that respects local, national and international laws and standards and incorporates institutional and operational frameworks that require use of the resource to be responsible and sustainable. In the following section of the report a brief description is made of the key characteristics of the management system in place to ensure the sustainable exploitation of the fishery under assessment. 3.5.1 Area of operation of the fishery and under which jurisdiction it falls The unit of certification is located entirely within off coast subtidal areas in the Netherlands, fished at a depth of between 6m and 20m. Beneath the over-arching principles of the European Union Common Fisheries Policy, Fisheries management is devolved in the Netherlands to the Ministry of Economic Affairs, Agriculture and Innovation (Min. EL&I), formerly the Ministry for Agriculture, Nature and Food Quality, LNV. Under the Netherlands Fisheries Act, all commercial fishing vessels are obliged to carry a permit issued by the Ministry. Permits are issued subject to a range of national and EU regulations, with detailed regulations relating to transfer and amalgamation of permits. The Fisheries Act also provides for the setting of technical measures such as mesh size, minimum landing size and maximum bycatch percentage of other species. The Ministry of EL&I has overall responsibility for fisheries management in the Netherlands. It contains a number of departments with interests in the fishery: » Algemene Inspectie Dienst (AID) is the general inspection service, responsible for compliance with regulations. In relation to this fishery, its involvement is primarily in factory inspections where razor shells are checked for minimum landing size (MLS) compliance, and in the checking of landings, logbook and VMS data. The AID undertakes inspections on board of Dutch Patrol vessels of the Ministry of EL&I. » IMARES is the government science provider. IMARES are requested by LNV to conduct surveys including those for razorfish, and to provide scientific management advice. AID provide IMARES with data collected and collated from logsheets, VMS, sales notes, boarding inspections and factory and market checks. Other recognized groups with an interest in the fishery include: » The North Sea Foundation (NSF) which has taken an active interest in the Ensis fishery, participating actively in the creation and development of the first management plan for the fishery in 2005. » WWF have worked in close collaboration with NSF, participating in development of the first management plan, as well as the wider government shellfish policy document, for all Dutch shellfisheries from 2005-2020 » The Shellfish section within the Dutch Fishermen’s Federation Producers’ Organization represents the vessels in the fishery, and has played a crucial role in the development of management plans and appropriate assessments for the fishery. Eight licenses have been issued by the Ministry for the razor shell fishery. The licences are owned by 6 companies. All these companies are members of the shellfish producers’ organisation within the Dutch Fishermen’s Federation. 4 companies are actually fishing for Ensis with one vessel each. Of

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these 4 vessels, 3 are active in the Delta region and one in the North in coastal waters near the Wadden Sea. 3.5.2 Details of consultations leading to the formulation of the management plan A management plans has been drawn up for the fishery. The first plan was drawn up for the years 2005-2008 (Beheersplan Ensisvisserij, 2005-2008). Since then the measures in the management plan have been prolonged through the annual fishing plans. Therefore currently the fishery is taking place under the 2011-2012 Ensis Fishing Plan. The first management plan was presented to the Ministry of Agriculture, Nature and Food quality (LNV) and the Productschap Vis and is now part of the wider ranging co-management strategy based on the Policy Document ‘Ruimte voor een Zilte Oogst’, setting out national shellfish management policy between 2005 and 2020. NGOs, particularly the North Sea Foundation and WWF, were actively involved in drawing up the 2005-2008 Ensis management plan. The North Sea Foundation has complained, however, that the number of razor shell fishing licenses was increased, from 5 to 8, in 2006 without their consultation or input, and that the maximum towing speed was also increased without their consultation. The Ensis Fishing plan for 2011-12 appears not to have actively involved the NGO community. However, the plan mainly re-iterates the content of the original 2005-8 plan, in simplified form, with the addition of penalty clauses to it, allowing internal sanctions to be applied to members of the Fishermen’s Federation who break the conditions of the plan. It would be fair to say, therefore, that the current plan reflects the content of previous consultations. 3.5.3. Arrangements for on-going consultations with interest groups No formal arrangements are in place for ongoing consultation with interest groups with specific relation to the Ensis fishery. However, the 2011-12 Ensis fishing plan does commit to reviewing the plan on an annual basis, and to circulate the plan annually to regional and national government Departments, and the North Sea Foundation, providing the opportunity for comment and suggestion. 3.5.4. Details of non-fishery users or activities, which could affect the fishery, and arrangements for liaison and co-ordination The fisheries are located within Natura 2000 sites. These EU-designations require appropriate assessments to be developed that ensure the status of interest features (birds and habitats) are maintained. The annual TAC, of 8,000 tons, is designed to have no impact on the availability of sufficient food for birds. 3.5.5. Details of the decision-making process or processes, including the recognised participants Unlike the majority of species caught in Netherlands waters, the TAC for Ensis is not altered each year, based on the results of recent surveys or stock assessments. As a result, there appears to be no established annual decision making process in relation to the fishery. Most of the management measures in place were agreed early 2005, following extensive consultation and dialogue, when licenses for the fishery were issued by LNV. These measures were agreed and developed by participants from industry and NGOs. Only two significant changes have been made to the measures agreed in the 2005-2008 plan- the issuing of 3 new licenses by DNV in 2006, and an increase in the maximum towing speed from

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300m/hr. to 500m/hr. Both of these decisions were criticized by the North Sea Foundation, and both appear to have been introduced without their involvement or consultation. The more recent 2011-12 management plan, was developed by industry, but makes no far-reaching changes to the consensus reached in the 2005-08 plan. The plan was circulated to government departments and the North Sea Foundation. 3.5.6. Objectives for the fishery: resource, environmental, ecological, technological, social and economic The defined objectives for the fishery are summarised in the 2011-12 Ensis fishing plan as ‘an economically and ecologically viable fishery.’ Although the plan lists a number of rules to govern the fishery, no specific objectives are set within this plan for the protection of seabirds or habitats. This protection is implied through the various measures it confirms, but is not explicit. The 2011-12 plan also refers to research it wishes member vessel to become involved in, much of it technological- for instance one objective is to work co-operatively to develop ways of reducing the number of shells broken during fishing operations. The original management plan, drawn up in 2005, has more explicit objectives relating to the protection of birds and habitats, as well as more detailed objectives relating to social and economic aspects of the fishery. This plan, drafted with NGOs, in particular the North Sea Foundation, is the basis for the much shorter 2011-12 plan, and also provides for internal sanction for the vessel owners who have chosen to sign up to it. The 2005-2020 national shellfish plan defines three objectives for the management of shellfisheries, including Ensis: that shellfisheries are managed so that they are (i) profitable (ii) ecologically acceptable and (iii) have broad public support. This plan is much more explicit in explaining these objectives, and does make pointed reference to maintaining shellfish populations at numbers sufficient for bird populations’, and managing fishing activities so that feeding birds or hauled out seals, for example, are not disturbed by fishing operations. 3.5.7. Outline the fleet types or fishing categories participating in the fishery Although 8 licences have been issued for the fishery, currently only 4 vessels are active. The vessels tow a dredge over the seabed. This pumps water into the seabed, fluidising the sediment, and allowing the dredge, which penetrates up to 22cm deep, to scoop up razorfish into the dredge from this fluidized sediment. The shells collect in a steel basket to the rear of the dredge, with a minimum grille spacing of 11mm. From there individual shellfish are transported, via a pipe with a lift pump or an air lift, onto the deck of the vessel. The dredge knife has a maximum width of 1.25m. However, the overall footprint of the dredge on the seabed is somewhat larger than this, allowing for the width of the skids and other superstructure associated with the dredge. The vessels are over 15m LOA, with large auxiliary (150kW+) generators to power the pumps required. 3.5.8. Details of those individuals or groups granted rights of access to the fishery, and particulars of the nature of those rights Five Ensis permits were issued for this fishery in 2004, to those vessels able to demonstrate a track record in this fishery between 1993 and 2003. Up to this time, no cap had been set for vessels entering this or indeed many other, Dutch fisheries, and the fishery was open to any owner of a suitably registered and licensed fishing vessel. At this stage a moratorium on the issuing of new Ensis permits was confirmed by LNV. However, a further three were issued in 2006, in return to 12 licenses leaving the fishery for Spisiula subtruncata. From the original 5 licenses 2 remain inactive and from the 3 new licenses issued in 2006 only 1 is currently active. Licenses are transferrable and

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can be sold. Licenses are subject to conditions, such as one dredge per vessel and dredge size, but are not assigned individual quotas, as is the case with many fish quotas within the Netherlands, where a rights-based ITQ system operates. The quota ‘right’ that any individual license may generate has never been tested as landings have never approached the fixed TAC of 8,000 tons. Individual vessels are in theory able to take unlimited catches, up to 8,000 tons, within the restrictions governing the fishery. It is highly unlikely that any further licences will be issued for Ensis in Dutch waters: the North Sea Foundation criticised the creation of the 3 additional licences in 2006, and the fishermen active in the fishery have already, effectively ‘decommissioned’ one of the 4 dormant licenses themselves. The existing licences are tradeable and transferrable within the Netherlands. 3.5.9 Description of the measures agreed upon for the regulation of fishing in order to meet the objectives within a specified period. The fishery is subject to a wide range of regulatory measures including; an annual quota, limited number of licenses and fishing effort restrictions (see Section 3 for details). These measures are on top of the range monitoring, control and surveillance, MCS, measures required for all vessels of this size by the EU Control Regulation 1224/2009, including carriage of satellite based VMS, EU logbooks and submission of sales notes. The North Sea Foundation and WWF, in their written submission on this fishery, confirm that in their view the wording of the fishing permits issued by the Ministry is strong enough and well enough worded to permit emergency closure of the fishery, if negative impacts to the habitats associated with the fishery are demonstrated. 3.5.10 Particulars of arrangements and responsibilities for monitoring, control and surveillance and enforcement The Algemene Inspectie Dienst (AID) of the Ministry of EL&I is the national inspection and monitoring body, responsible for the enforcement of EU and national fisheries regulations. In relation to this fishery, all vessels are required to carry and fill in EU Logbooks, which must be submitted to AID, in accordance with the EU Control Regulation. Similarly, sales notes that can be cross checked with these logsheets must be submitted by factories. The vessels are all over 15m and must also operate an approved satellite based VMS transponder, which will signal position, course and speed, on leaving and arrival back in port, and every two hours whilst at sea. Information from all three systems, plus observations from seagoing or shore based patrols, report into a national cross compliance system designed to detect any infringements, including failure to supply information. AID is the subject of random inspections from the European Commission, and must demonstrate to inspectors that the cross-compliance checks are fit for purpose. From 2012 these vessels will be required by the same control regulation to maintain electronic logbooks, and larger processors will likewise be required to submit electronic sales notes. A new generation of VMS is being developed to meet the requirements of the control regulation that is likely to see vessel positions recorded on VMS much more frequently, using a new generation of terminals capable of sending information via SMS as well as satellite. Officers report a high level of compliance and no prosecutions for offences have been recorded in this fishery, with only one caution being issued, for a minor infringement.

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3.5.11 Details of any planned education and training for interest groups No formal education or training events have been identified, however the regular consultation with interest groups about the fishery involving a small number of participants (one participant owns 2 licenses and 1 license is withdrawn by the 3 share owners) means that interest groups should be aware of activities associated with the fishery.

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4. Evaluation Procedure 4.1 Harmonised Fishery Assessment

At the time of writing, no other MSC assessments had been completed or were underway on this stock.

4.2 Previous assessments

The following fishery assessments have been completed for CPO Nederlandse Visserbond UA: » Dutch Fisheries Organisation (DFO) gill net sole fishery (DFO have become DFA) http://www.msc.org/track-a-fishery/certified/north-east-atlantic/dfo-gill-net-sole Assessment conclusion: Certified as sustainable on 24th November 2009 Compliance with conditions: On target

4.3 Assessment Methodologies

This fishery was assessed using version 6.1 of the MSC Fisheries Certification Methodology (up to the 14th of November 2011) and the MSC Certification Requirements v1.1 (from the 14th of November to the 10th of March 2012) and v1.2 (from the 10th of March 2012 onwards). Version 1.1 of the MSC Full Assessment Reporting Template was used to create all reports. 4.3.1 Assessment Tree The Default Assessment Tree was used for this assessment as defined in the MSC Certification Requirements v1.2 Annex CB.

4.4 Evaluation Processes and Techniques

4.4.1 Site Visits In October 2011, 3 members of the assessment team, supported by an FCI staff member, undertook a site visit to Yerseke, The Netherlands. This enabled a scheduled programme of consultations to take place with key stakeholders in the fishery – including skippers, scientists, fishery protection officers, NGOs, fishery managers and technical support staff. Prior notification of this site visit was issued on the MSC website in order that all relevant stakeholders were aware of the opportunity to meet with the assessment team. Itinerary of field activities Day 1 – 25/10/2011 – Yerseke, Netherlands Meeting with fishery clients and Ministry representatives Day 2 - 26/10/2011 – Yerseke, Netherlands Meeting with North Sea Foundation

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Day 3 - 27/10/2011 – Yerseke, Netherlands Meeting with IMARES representative (see Table 4.1. for information on meetings) 4.4.2 Consultations Stakeholder issues Written and verbal representations were provided to the assessment team expressing a range of views, opinions and concerns. The team is of the view that matters raised have been adequately debated and addressed as a part of the scoring process for this fishery, and that none of the issues raised, therefore, require separate attention beyond that represented in this report. Interview Programme Following the collation of general information on the fishery, a number of meetings with key stakeholders were scheduled by the team to fill in information gaps and to explore and discuss areas of concern. Meetings were held as follows: Table 4.1: Interview Programme

Name Position Organisation Derk Jan Berends Administrator DFA (Nederlandse Vissersbond) Durk van Tuinen Fishermen DFA (Nederlandse Vissersbond) Wilbert Schermer Voest Senior Policy Advisor Ministry of EL&I Frederieke Vlek Policy Advisor North Sea Foundation (Stichting de Noordzee) Pauline Kamermans Researcher IMARES Jankees Bonne Fisheries Inspector Ministry of EL&I Adri Bout Fishing company owner Seafarm BV Peter Blok Fishing company owner Blok-Poleij Schepen BV Peter Bol Fishery company manager Source: FCI Summary of Information Obtained A number of important points were recorded by the assessment team during the site visit interviews. The assessment team found that all points raised by stakeholders were well recorded in documents provided by the client. 4.4.3 Evaluation Techniques Public Consultation A total of 69 stakeholder individuals and organisations having relevant interest in the assessment were identified and consulted during this assessment. The interest of others not appearing on this list was solicited through the postings on the MSC website, and by advertising in Visserijnieuws. Initial approaches were made by email and followed up by phone. Issues raised during correspondence were investigated during research and information gathering activities, and during interviews.

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Most stakeholders contacted during this exercise either indicated that they had no direct interest in this fishery assessment, or that they had no particular cause for concern with regard to its assessment to the MSC standard. Most stakeholders contacted during this exercise either indicated that they had no direct interest in this fishery assessment, or that they had no particular cause for concern with regard to its assessment to the MSC standard. Process The MSC is dedicated to promoting “well-managed” and “sustainable” fisheries, and the MSC initiative focuses on identifying such fisheries through means of independent third-party assessments and certification. Once certified, fisheries are awarded the opportunity to utilise an MSC promoted eco-label to gain economic advantages in the marketplace. Through certification and eco-labelling the MSC works to promote and encourage better management of world fisheries, many of which have been suggested to suffer from poor management. The MSC Principles and Criteria for Sustainable Fisheries form the standard against which the fishery is assessed and are organised in terms of three principles: » MSC Principle 1 - Resource Sustainability » MSC Principle 2 - Ecosystem Sustainability » MSC Principle 3 - Management Systems A fuller description of the MSC Principles and Criteria and a graphical representation of the assessment tree is presented as Appendix 1a to this report. The MSC Principles and Criteria provide the overall requirements necessary for certification of a sustainably managed fishery. To facilitate assessment of any given fishery against this standard, these Criteria are further split into Sub-criteria. Sub-criteria represent separate areas of important information (e.g. Sub-criterion 1.1.1. requires a sufficient level of information on the target species and stock, 1.1.2 requires information on the effects of the fishery on the stock and so on). These Sub-criteria, therefore, provide a detailed checklist of factors necessary to meet the MSC Criteria in the same way as the Criteria provide the factors necessary to meet each Principle. Below each Sub-criterion, individual ‘Performance Indicators’ (PIs) are identified. It is at this level that the performance of the fishery is measured. Altogether, assessment of this fishery against the MSC standard is achieved through measurement of 31 Performance Indicators. The Principles and their supporting Criteria, Sub-criteria and Performance Indicators that have been used by the assessment team to assess this fishery are incorporated into the scoring sheets (Appendix 1.1). Scoring of the attributes of this fishery against the MSC Principles and Criteria involves the following process: » Decision to use the MSC Default Assessment Tree contained within the MSC Fishery Assessment Methodology (FAM v2) » Description of the justification as to why a particular score has been given to each sub- criterion » Allocation of a score (out of 100) to each Performance Indicator In order to make the assessment process as clear and transparent as possible, the Scoring Guideposts are presented in the scoring table and describe the level of performance necessary to achieve 100 (represents the level of performance for a Performance Indicator that would be expected in a theoretically ‘perfect’ fishery), 80 (defines the unconditional pass mark for a

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Performance Indicator for that type of fishery), and 60 (defines the minimum, conditional pass mark for each Performance Indicator for that type of fishery). The Assessment Tree and Scoring Guideposts for the DFA Dutch North Sea Ensis Fishery fishery are shown as Appendix 1.1 to this report. Scoring outcomes There are two, coupled, scoring requirements that constitute the Marine Stewardship Council’s minimum threshold for a sustainable fishery: » The fishery must obtain a score of 80 or more for each of the MSC’s three Principles, based on the weighted average score for all Criteria and Sub-criteria under each Principle. » The fishery must obtain a score of 60 or more for each Performance Indicator. A score below 80 at the Principle level or 60 for any individual Performance Indicator would represent a level of performance that causes the fishery to automatically fail the assessment. A score of 80 or above for all three Principles results in a pass. 4.4.4 RBF Use Rationale for use of RBF 1 Applicant fishery DFA Dutch North Sea ensis 2 Conformity Assessment Body Food Certification International ltd Date that the proposal to use the 13/09/11 3 RBF is submitted to the MSC Date stakeholder comment period 20/10/11 4 closes on the proposal to use the RBF 5a PI that RBF is to be used for 2.1.1 Justification for use Data are available to describe the species retained in the fishery, but the status of populations of all retained species may 6a not all be fully determined. The RBF may enable this aspect of the fishery to be most appropriately assessed. Summary of stakeholder comments No comments received 7a and CAB responses pertaining to choice to use the RBF 5b PI that RBF is to be used for 2.2.1 Justification for use Data are available to describe the species discarded from the fishery, but the status of populations of all discarded species 6b may not all be fully determined. The RBF may enable this aspect of the fishery to be most appropriately assessed. Summary of stakeholder comments No comments received 7b and CAB responses pertaining to choice to use the RBF Date MSC notified of final decision 20/07/12 8 to use RBF

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RBF Consultation Process Summary During each of the meeting outline in Table 4 above the assessment team presented the RBF methodology and provided the opportunity to all stakeholders to express themselves in relation to the risk that the fishery poses to each of the outcome PIs assessed under the RBF. Stakeholders interview were defined by the assessment team as very relevant to this fishery as they were all directly involved in the assessment and/or management of this fishery. Therefore the assessment team used each of the meetings also as an information gathering exercise. Summary of Information Obtained Information obtained and discussed was related to the scale (spatial and temporal) and intensity of the fishery under assessment. This information was used to assess the risk that the fishery pose on the non-target species. Summary of Activities and Components Discussed / Evaluated The SICA method was presented to stakeholders and was used to provide the opportunity to all stakeholders to comment on risk scores. None of the stakeholders determine the risk that the fishery poses on the conservation of the stock as high.

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5. Traceability 5.1 Eligibility Date

The Actual Eligibility Date for this fishery will be the date of certification. This means that any fish caught by the certified fleet following that date will be eligible to enter the chain of custody as certified product if and when certification is ultimately granted. The rationale for this date is that it was the date specified by the client as the desired date of target eligibility and meets the relevant MSC Certification Requirements in full. The measures taken by the client to account for risks within the traceability of the fishery – and therefore generating confidence in the use of this date for target eligibility – are detailed in the rest of this section.

5.2 Traceability within the Fishery

Traceability up to the point of first landing has been scrutinised as part of this assessment and the positive results reflect that the systems in place are deemed adequate to ensure fish is caught in a legal manner and is accurately recorded. The report and assessment trees describe these systems in more detail, but briefly traceability can be verified by: » All razors landed in The Netherland will be covered by the certificate 5.2.1 Evaluation of Risk of Vessels Fishing Outside of UoC There is no fishing for razor outside the Unit of Certification at present 5.2.2 Risk of Substitution of Mixing Certified / Non-Certified Catch No risk identified as all landings are covered by the certificate 5.2.3 At-Sea Processing There is no processing at sea 5.2.4 Transhipment There is no transhipment at sea

5.3 Eligibility to Enter Further Chains of Custody

Only Ensis directus caught in the manner defined in the Unit of Certification (Section 3.1) under restrictions detailed throughout the body of the final Public Certification Report for this fishery shall be eligible to enter the Chain of Custody. Chain of Custody should commence following the first point of landing, at which point the product shall be eligible to carry the MSC logo (under restrictions imposed by the MSC Chain of Custody standard). There are no restrictions on the fully certified product entering further chains of custody. CPO Nederlandse Visserbond UA does not require its own chain of custody certificate. 5.3.1 Eligible points of landing All Netherlands-registered landing ports

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5.3.2 Parties eligible to use the fishery certificate All signatories to the DFA Dutch North Sea Ensis Fishery Fishery Management Plan fishing for North Sea razor shell using shellfish suction dredge in ICES area IVc within the Netherlands EEZ are eligible to use the fishery certificate.

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6. Evaluation Results 6.1 Principle Level Scores

Table 6.1 present score at principle level for each of the Units of Certification under assessment. Table 6.1. Final Principle Scores

Principle Score

Principle 1 – Target Species 88.1

Principle 2 - Ecosystem 82.0

Principle 3 – Management System 86.3

Source: FCI assessment team 6.2 Summary of Scores

Table 6.2 shows score given at performance indicator level for each Unit of Certification under assessment. Table 6.2. Score for each of the performance indicators.

Principle Component PI No. Performance Indicator (PI) Score 1.1.1 Stock status 100.0 Outcome 1.1.2 Reference points 90.0 1.1.3 Stock rebuilding NA One 1.2.1 Harvest strategy 95.0 1.2.2 Harvest control rules & tools 75.0 Management 1.2.3 Information & monitoring 75.0 1.2.4 Assessment of stock status 80.0 2.1.1 Outcome 100.0 Retained species 2.1.2 Management 90.0 2.1.3 Information 80.0 2.2.1 Outcome 80.0 Bycatch species 2.2.2 Management 60.0 2.2.3 Information 65.0 2.3.1 Outcome 100.0 Two ETP species 2.3.2 Management 95.0 2.3.3 Information 85.0 2.4.1 Outcome 80.0 Habitats 2.4.2 Management 80.0 2.4.3 Information 75.0 2.5.1 Outcome 80.0 Ecosystem 2.5.2 Management 80.0 2.5.3 Information 80.0 3.1.1 Legal & customary framework 95.0 3.1.2 Consultation, roles & responsibilities 75.0 Governance and policy 3.1.3 Long term objectives 100.0 3.1.4 Incentives for sustainable fishing 80.0 Three 3.2.1 Fishery specific objectives 90.0 3.2.2 Decision making processes 80.0 Fishery specific management3.2.3 system Compliance & enforcement 95.0 3.2.4 Research plan 80.0 3.2.5 Management performance evaluation 80.0 Source: FCI assessment team

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6.3 Summary of Conditions

Table 6.3: Summary of Conditions

Condition Condition Performance Indicator number

Define explicit harvest control rules within the management 1 plan to ensure that the exploitation rate is reduced as limit 1.2.2 reference points are approached. Develop a monitoring program to estimate proportion of razors discarded from the overall catch in order to have good information on 2 all removals. 1.2.3 The monitoring program should identify whether the proportion of razors discards is significant to monitor it in a regular basis. Develop management measures that specifically refer to issues in relation to bycatch (discards) species and introduce on-going means to monitor, manage and reduce (where necessary) levels of bycatch. 3 2.2.2 & 2.2.3 In the case where management measures are considered unnecessary, this should be demonstrated through routine monitoring based on information across all grounds targeted on a fleet basis Produce maps of spatial extent, timing and location of fishing 4 operations including overlay with habitat base maps including 2.4.3 locations of SACs. Implement mechanisms to ensure that all relevant stakeholders are 5 3.2.1 consulted in fisheries management decision making processes

6.3.1 Recommendations There are no recommendations for this fishery 6.3.2 Determination, Formal Conclusion and Agreement The fishery attained a score of 80 or more against each of the MSC Principles and did not score less than 60 against any MSC Criteria. It was therefore determined that the DFA Dutch North Sea Ensis Fishery fishery should be certified according to the Marine Stewardship Council Principles and Criteria for Sustainable Fisheries. The decision to uphold this determination was confirmed by FCI’s decision making entity following a recommendation by the assessment team, and review by stakeholders and peer-reviewers.

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7. References

» Addison, J., Palmer, D., Lart, W., Misson, T. & Swarbick, J., 2006. Development of a suitable dredge for exploitation of razorfish (Ensis directus) in The Wash. Cefas Contract No. C2323. » Armonies, W., 1992. Migratory rhythms of drifting juvenile molluscs in tidal waters of the Wadden Sea. Mar. Ecol. Prog. Ser., 83 (2-3): 197-206. » Baptist, H. 2005. Habitattoets Ensis visserij Kustzee, Ecologisch Adviesbureau, Oktober 2005 » Beheerplan Ensisvisserij, 2005; naar rustig vaarwater » Beleidsbesluit Schelpdiervisserij 2005 – 2020 (http://www.aquaculture.wur.nl/NR/rdonlyres/3ADD5675-A43F-4521-9B9D- 2368ADED1EEA/76785/Ruimtevoorzilteoogst.pdf). » Bell, C.M. & Walker, P., 2005. Desk study to assess the impact of cockle suction dredging on The Wash and North Norfolk Coast European Marine Sites. English Nature Research Reports, No 670 » Beukema, J. J. & Dekker, R., 1995. Dynamics and growth of a recent invader into European coastal waters: The American razor clam, Ensis directus .J. Mar. Biol. Assoc. U.K., 75 (2): 351- 362. » Broekhuizen, N., Heath, M.R., Hay, S.J., and Gurney, W.S.C., 1995. Modelling the dynamics of the North Sea’s Mesozooplankton. Neth. J. Sea Res., 33(3/4): 381-406 » Cameron, A. and Askew, N. (eds.). 2011. EUSeaMap - Preparatory Action for development and assessment of a European broad-scale seabed habitat map final report. Available at http://jncc.gov.uk/euseamap » Christensen, V., 1995. A model of trophic interactions in the North Sea in 1981, the year of the stomach. Dana, 11(1): 1-28. » Coutens, W. 2011. Presentation at EnSIS: Ecosystem sensitivity to invasive species Belgian Science Policy Research Programme Science for a Sustainable Development Targeted Actions North Sea » Cosel, v., R., Doerjes, J. & Mühlenhardt, U. 1982. The American jack-knife clam Ensis directus (Conrad) in the German Bight. 1. Zoogeography and in comparison with the native jack-knife and razor clams. Senckenb. Marit., 14 (3-4): 147-173. » Craymeersch, J.A., M.F. Leopold, M.O. van Wijk (2001). Halfgeknotte strandschelp en Amerikaanse zwaardschede: een overzicht van bestaande kennis over visserij, economische betekenis, regelgeving, ecologie van beviste soorten en effecten op het ecosysteem. RIVO Rapport C033/01. Mei 2001. » Dotinga, H and Trouwborst, A. 2009. The Netherlands and the designation of marine protected areas in the North Sea Implementing international and European law. Utrecht Law Review. Volume 5, Issue 1 (June) 2009 » EC, 1979. Council Directive 79/409/EEC on the conservation of wild birds. » EC, 1992. Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora. » Ens, B.J., A.C. Smaal & J. de Vlas, 2004. The effects of shellfish fishery on the ecosystems of the Dutch Waddenzee and Oosterschelde; Final report on the second phase of the scientific

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evaluation of the Dutch shellfish fishery policy (EVA II). Wageningen, Alterra, Alterra-rapport 1011, RIVO-rapport C056/04, RIKZ-rapport RKZ/2004.031, 212 blz. 100 figs.; 10 tables.; 242 refs. » Ensis fishing plan (Visplan Ensisvisserij 2011-2012) (www.seafarm.nl) » Fahy, E and Gaffeney, J. 2001. Growth statistics of an exploited razor clam (Ensis siliqua) bed at Gormanstown, C. Meath. Ireland. Hydrobiologia. 465, 139-151. In G. Burnell (ed.) Coastal Shellfish – a sustainable resource. Kluwer Academic Publisher, Netherlands. » Fisheries Research Services, 1998. A Study of the effects of water jet dredging for razor clams and a stock survey of the target species in some Western Isles populations. Marine Laboratory Aberdeen Report No. 8/98. » Fransz, H. G., Mommaerts, J. P., and Radach, G., 1991. Ecological modelling of the North Sea. Neth.J. Sea Res., 28(1/2): 67-140 » Goudswaard, P.C., K.J. Perdon, J.J. Kesteloo, J. Jol, C. Van Zweeden, E. Hartog, J.M.J Jansen & K. Troost. 2010. Schelpdieren in de Nederlandse kustwateren, een kwantitatieve en kwalitatieve bestandsopname in 2010. IMARES 1 institute for Marine Resources & Ecosystem Studies. » Haddon, M (2001). Modelling and quantitative methods in fisheries. Chapman & Hall/CRC, 403 pp. » Hall, S.J. & Harding, M.J.C., 1997. Physical disturbance and marine benthic communities: the effects of mechanical harvesting of cockles on non-target benthic infauna. Journal of Applied Ecology, 34, 497- 517. » Hall, S.J., Basford, D.J. & Roberts, M.R., 1990. The impact of hydraulic dredging for razor clams Ensis sp. on an infaunal community. Netherlands Journal of Sea Research, 27, 119-125. » Hauton, C., Atkinson, R.J.A. & Moore, P.G., 2003a. The impact of hydraulic blade dredging on a benthic megafaunal community in the Clyde Sea area, Scotland. Journal of Sea Research, 50, 45-56. » Hauton, C., Hall-Spencer, J.M. & Moore, P.G., 2003b. An experimental study of the ecological impacts of hydraulic bivalve dredging on maerl, ICES Journal of Marine Science, 60. 381-392. » Heijer, W. D. 2011. Bycatch sampling in the Dutch fishery for razor shells Ensis directus » Kaiser, M.J., K. R. Clarke, H. Hinz, M. C. V. Austen, P. J. Somerfield, I. Karakassis. 2006. Global analysis of response and recovery of benthic biota to fishing Marine Ecology Progress Series 311:1–14 » Keus, B.J. 2009. Habitattoets Ensisvisserij Natura 2000 gebieden Voordelta en Noordzeekustzone » Lindeboom, H., J. G. van Kessel and L. Berkenbosch, 2005. Areas with special ecological values on the Dutch Continental Shelf » Luczak, C., Dewarumez, J. M. & Essink, K., 1993. First record of the American jack knife clam Ensis directus on the French coast of the North Sea. J. Mar. Biol. Assoc. U.K., 73 (1): 233-235. » Mackinson, S. and Daskalov, G., 2007. An ecosystem model of the North Sea to support an ecosystem approach to fisheries management: description and parameterisation. Sci. Ser. Tech Rep., Cefas Lowestoft, 142: 196pp

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» Mackinson, S., 2002a. Representing trophic interaction in the North Sea in the 1880s using the Ecopath mass-balance approach. p35-98. » Mackinson, S., 2002b. Simulating management options for the North Sea in the 1880s. pp73- 83. » Meyer, T.L., Cooper, R.A. & Pecci, K.J., 1981. The performance and environmental effects of a hydraulic clam dredge. Marine Fisheries Review, 43, 14-22. » Morello, E.B., Froglia, C., Atkinson, R.J.A. & Moore, P.G., 2005. Impacts of hydraulic dredging on a macrobenthic community of the Adriatic Sea, Italy. Canadian Journal of Fisheries and Aquatic Sciences, 62, 2076–2087. » Natura 2000 Standard Data Form Voordelta NL4000017 http://natura2000.eea.europa.eu/Natura2000/SDF.aspx?site=NL4000017 » Natura 2000 Standard Data Form Voordelta NL9802017 » http://natura2000.eea.europa.eu/Natura2000/SDF.aspx?site=NL9802017 » Natura 2000 Standard Data Form Noordzeekustzone NL9802001 » Voordelta Natura 2000 area. Rijkswaterstaat March 2009. http://www.rijkswaterstaat.nl/images/Summary%20of%20access%20restrictions%20for%20the%20V oordelta%20Natura%202000%20area_tcm174-237611.pdf » Natura 2000 gebieden Voordelta en Noordzeekustzone » http://natura2000.eea.europa.eu/Natura2000/SDFPublic.aspx?site=NL9802001 » Natura 2000 Standard Data Form Noordzeekustzone NL2008004 » www.noordzeenatura2000.nl/index.php » Natura 2000 Standard Data Form Vlakte van de Raan BEMNZ0005 » http://natura2000.eea.europa.eu/Natura2000/SDFPublic.aspx?site=BEMNZ0005 » Naylor, M. 2006. Factsheet on Ensis directus » Ovcharenko,I., Olenin, S. and Gollasch, S. 2007. Delivering alien invasive species inventories for Europe: Ensis americanus. » Pauly, D., 1980. On the interrelationship between natural mortality, growth parameters and mean environmental temperature in 175 fish stocks. ICES journal; 39(3) 175-192. » Palmer, D.W., 2004. Growth of the razor clam Ensis directus, an alien species in the Wash on the east coast of England. J. Mar. Biol. Ass. U.K. (2004), 84, 1075^1076 » Rijkswaterstaat, 2009. Commercial and Leisure Navigation: summary of access restrictions for the » Robinson, R.F. & Richardson, C.A., 1998. The direct and indirect effects of suction dredging on a razor clam (Ensis arcuatus) population. ICES Journal of Marine Science, 55, 970-977 » Rostron, D.M., 1995. The effects of mechanised cockle harvesting on the invertebrate fauna of Llanrhidian sands. Burry Inlet & Loughor Estuary Symposium, March 1995. Part 2. 111-117 » Sewell, J. & Hiscock, K., 2005. Effects of fishing within UK European Marine Sites: guidance for nature conservation agencies. Report to the Countryside Council for Wales, English Nature and Scottish Natural Heritage from the Marine Biological Association. » Plymouth: Marine Biological Association. CCW Contract FC 73-03-214A. 195 pp. Tuck, I.D., Bailey, N., Harding, M., Sangster, G., Howell, T., Graham, N. & Breen, M., 2000. The impact of water jet dredging for razor clams, Ensis spp., in a shallow sandy subtidal environment. Journal of Sea Research, 43, 65-81

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» Tulpa, I., Craeymeerschb, J., Leopoldc, M., Dammea, C., Feyc, F. and Verdaat, H. 2010. The role of the invasive bivalve Ensis directus as food source for fish and birds in the Dutch coastal zone. Estuarine, Coastal and Shelf Science Volume 90, Issue 3, 20 December 2010, Pages 116-128. » Van Jets, 2005. Verkenning effecten van visserij op Ensis en Spisula in VHR-gebieden., Expertise-centrum LNV. » Van Lanker, V., D. Huyghebaert, M. Rozemeijer, S. Van Gaever, W. Versluys, J. Craeymeersch, W. Courtens, E. Stienen, B. Merckx, G. Van Hoey, F. Kerckhof, S. Degraer, J.-S. Houziaux. 2011. Preceedings from workshop on EnSIS: Ecosystem sensitivity to invasive species. Belgian Science Policy Research Programme “Science for a Sustainable Development » von Nordheim, H., T. Packeiser and M. Hauswirth, 2010. OSPAR Commission. 2009/10 Status Report on the OSPAR Network of Marine Protected Areas » Swennen, C., Leopold, M. F. & Stock, M., 1985. Notes on growth and behaviour of the American razor clam Ensis directus in the Wadden Sea and the predation on it by birds. Helgoländer Meeresunters. 39: 225-261.

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Appendix 1. Scoring and Rationale Appendix 1a – MSC Principles & Criteria

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Below is a much-simplified summary of the MSC Principles and Criteria, to be used for over-view purposes only. For a fuller description, including scoring guideposts under each Performance Indicator, reference should be made to the full assessment tree, complete with scores and justification, contained in Appendix 1.1 of this report. Alternately a fuller description of the MSC Principles and Criteria can be obtained from the MSC website (www.msc.org). Principle 1

A fishery must be conducted in a manner that does not lead to over-fishing or depletion of the exploited populations and, for those populations that are depleted, the fishery must be conducted in a manner that demonstrably leads to their recovery. Intent: The intent of this Principle is to ensure that the productive capacities of resources are maintained at high levels and are not sacrificed in favour of short-term interests. Thus, exploited populations would be maintained at high levels of abundance designed to retain their productivity, provide margins of safety for error and uncertainty, and restore and retain their capacities for yields over the long term. Status » The stock is at a level that maintains high productivity and has a low probability of recruitment overfishing. » Limit and target reference points are appropriate for the stock (or some measure or surrogate with similar intent or outcome). » Where the stock is depleted, there is evidence of stock rebuilding and rebuilding strategies are in place with reasonable expectation that they will succeed. Harvest strategy / management » There is a robust and precautionary harvest strategy in place, which is responsive to the state of the stock and is designed to achieve stock management objectives. » There are well defined and effective harvest control rules in place that endeavour to maintain stocks at target levels. » Sufficient relevant information related to stock structure, stock productivity, fleet composition and other data is available to support the harvest strategy. » The stock assessment is appropriate for the stock and for the harvest control rule, takes into account uncertainty, and is evaluating stock status relative to reference points.

Principle 2

Fishing operations should allow for the maintenance of the structure, productivity, function and diversity of the ecosystem (including habitat and associated dependent and ecologically related species) on which the fishery depends Intent: The intent of this Principle is to encourage the management of fisheries from an ecosystem perspective under a system designed to assess and restrain the impacts of the fishery on the ecosystem.

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Retained species / Bycatch / ETP species » Main species are highly likely to be within biologically based limits or if outside the limits there is a full strategy of demonstrably effective management measures. » There is a strategy in place for managing these species that is designed to ensure the fishery does not pose a risk of serious or irreversible harm to retained species. » Information is sufficient to quantitatively estimate outcome status and support a full strategy to manage main retained / bycatch and ETP species. Habitat & Ecosystem » The fishery does not cause serious or irreversible harm to habitat or ecosystem structure and function, considered on a regional or bioregional basis. » There is a strategy and measures in place that is designed to ensure the fishery does not pose a risk of serious or irreversible harm to habitat types. » The nature, distribution and vulnerability of all main habitat types and ecosystem functions in the fishery area are known at a level of detail relevant to the scale and intensity of the fishery and there is reliable information on the spatial extent, timing and location of use of the fishing gear.

Principle 3

The fishery is subject to an effective management system that respects local, national and international laws and standards and incorporates institutional and operational frameworks that require use of the resource to be responsible and sustainable. Intent: The intent of this principle is to ensure that there is an institutional and operational framework for implementing Principles 1 and 2, appropriate to the size and scale of the fishery. Governance and policy » The management system exists within an appropriate and effective legal and/or customary framework that is capable of delivering sustainable fisheries and observes the legal & customary rights of people and incorporates an appropriate dispute resolution framework. » Functions, roles and responsibilities of organisations and individuals involved in the management process are explicitly defined and well understood. The management system includes consultation processes. » The management policy has clear long-term objectives, incorporates the precautionary approach and does not operate with subsidies that contribute to unsustainable fishing. Fishery specific management system » Short and long term objectives are explicit within the fishery’s management system. » Decision-making processes respond to relevant research, monitoring, evaluation and consultation, in a transparent, timely and adaptive manner. » A monitoring, control and surveillance system has been implemented. Sanctions to deal with non-compliance exist and there is no evidence of systematic non- compliance.

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» A research plan provides the management system with reliable and timely information and results are disseminated to all interested parties in a timely fashion.

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Appendix 1b – The Risk Based Framework

The Risk-Based framework is designed for use in association with the Marine Stewardship Council Default Assessment Tree in data deficient situations. The risk assessment framework is designed to assess components of the ecological system, including the target species (principle 1) and on species identified as retained catch, by-catch, on habitats, and on ecosystems (in Principle 2). Two main assessment methods are distinguished, the scale, intensity, and consequence analysis (SICA) and the productivity susceptibility analysis (PSA). SICA is a qualitative method of assessing impact and is based in expert judgment. PSA can be defined as a semi-quantitative analysis to assess potential risk of impact. In the MSC risk assessment methodology these methods form part of a hierarchy, progressing from SICA to PSA. The MSC scoring procedure is a qualitative process. Scores are given in the scale to 60 to 100 and a score of 80 is required to ensure that the fishery meet the principles and criteria of the standard. If the SICA score is 80 or above, then this score is the score given for the relevant PI. If the score is below 80 (or for 1.1.1 in any case), a second type of assessment is carried out: a Productivity-Susceptibility Analysis (PSA). Scale Intensity Consequence Analysis In deriving the SICA score for each outcome Performance Indicator, the Scale (temporal and spatial) and Intensity of the relevant risk-causing activity, as well as the Consequence are required. Scale, Intensity, and Consequence analysis (SICA) in the MSC RBF- consists of the following six steps for each relevant component: » Step 1: Determine “worst plausible case” combination of fishing activity and scoring element, and prepare a SICA scoring template for this species, habitat, or ecosystem. » Step 2: Score Spatial scale of the activity for the Performance Indicator » Step 3: Score Temporal scale of the activity for the Performance Indicator » Step 4: Score the Intensity of the activity for all relevant components (e.g. target species, habitat, etc.). It depends on the temporal and spatial scale of the activity » Step 5: Score the Consequence resulting from the intensity of the activity for all relevant sub-components (e.g. population size of target species) for the Performance Indicator. » Step 6: Convert the consequence score into an MSC score, and feed back into the assessment tree, or go to PSA.

The criteria for scoring the impact of fishing in each of the SICA steps are presented below: » SICA Step 1: Determine “worst plausible case” See appendix X where table with risk causing activities is presented. » SICA Step 2: Score spatial scale of activity The greatest spatial extent on which the fishing activity occurs in relation to the overall distribution of the relevant component that is being evaluated (e.g. target species, bycatch species, and habitats) (Table A.2.1). Table A.2.1. Table for deriving the SICA spatial scale score of the activity. <10% 11-25% 26-40% 41-55% 56-70% >70% 1 2 3 4 5 6

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» SICA Step 3: Score temporal scale of activity The highest temporal frequency must be used for determining the temporal scale score for the relevant component that is being evaluated (Table A.2.2) Table A.2.2. Table for deriving the SICA temporal scale score of the activity. Decadal (1 day Every several Annual (1-100 Quarterly Weekly (200- Daily (300-365 every 10 years years (1 day days per year) (100-200 days 300 days per days per year) or so) every several per year) year) years) 1 2 3 4 5 6

» SICA Step 4: Score the intensity of the relevant activity The score for intensity of an activity (Table A.2.3) considers the direct impacts in line with categories such as capture, direct impact without capture, movement of biological material, and disturbance to physical processes. Table A.2.3. Table for deriving the SICA intensity score of activity. Level Score Description Negligible 1 Remote likelihood of detection of activity at any spatial or temporal scale Minor 2 Activity occurs rarely or in few restricted locations and evidence of activity even at these scales is rare Moderate 3 Moderate detection of activity occurs reasonably often at broad spatial scale Major 4 Detectable evidence of activity occurs reasonably often at broad spatial scale Severe 5 Easily detectable localized evidence of activity or widespread and frequent evidence of activity Catastrophic 6 Local to regional evidence of activity or continual and widespread evidence

SICA Step 5: Score the consequence of intensity for the relevant activity The consequence of the activity on the target species (principle 1) is scored using the criteria shown in Table A.2.4 and Table A.2.5. Where the impact of fishing is relevant to more than one sub- component, the most vulnerable will be selected. The consequence score is translated into a MSC score (see step 6).

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Table A.2.4. Table for deriving the SICA consequence score of causing risk activity on target species (PI 1.1.1), retained species (PI2.1.1), and bycatch species (PI 2.2.1).

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Table A.2.5. Table for deriving the SICA consequence score of causing risk activity on habitats (PI 2.4.1)

» SICA Step 5. Convert the consequence score into an MSC score, and feed back into the assessment tree, or go to PSA. » Upon conclusion of the SICA analysis for the relevant outcome indicator, and the completion of Table A.2.5, the SICA consequence score must be converted into an MSC score equivalent according to Table A.2.6, then fed back into the assessment tree for the PI under consideration. » Table A.2.6. Consequence categories and associated guidepost scores for the risk-based section of the MSC assessment. Each of the Performance Indicators undergoing the risk-based evaluation would be scored using this table.

» MSC equivalent score for » MSC equivalent score for » Consequence category target, retained and bycatch Habitats species » 1 » 100 » 100 » 2 » 80 » 80 » 3 » » 60 » >3 » » <60

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Productivity Susceptibility Analysis The PSA approach is based on the assumption that the risk to a species depend on two characteristics: (1) the extent of the impact due to the fishing activity, which will be determined by the susceptibility to the fishing activities (Susceptibility) and (2) the productivity of the species, habitat or community (Productivity), which will determine the rate at which recovery can occur after potential depletion or damage by fishing. It is important to note that the PSA analysis essentially measures potential risk. A measure of absolute risk requires some direct measure of abundance or mortality rate for the species in question, and this information is generally lacking in most small- scale and data deficient fisheries. For most fisheries, such information is not generally available for most components except for target species. Thus, the PSA is designed to allow assessment of ecological risk without abundance estimates. Productivity attributes are life history characteristics that correlate with the intrinsic rate of increase (r) while susceptibility attributes correlate with the elements of the susceptibility term (q) in the following equation based on the logistic growth equation with a removal term (qEB):

(1) where, for the species in question, r is the intrinsic rate of increase, B is the biomass, K the carrying capacity, q the susceptibility, E the effort, and t time. Susceptibility is made up of the following multiplicative elements: q= A x E x S x PCM (2)

Where A is availability, E is encounterability, S is selectivity, and PCM is post-capture mortality of the particular species to the fishing activity under examination. The PSA approach examines attributes of each unit that contribute to or reflect its productivity or susceptibility to provide a relative measure of the risk to the units. For species productivity is the average of seven attributes, while susceptibility is the product of four aspects (derived from five attributes) (Table A.2.7). Table A.2.7. Attributes for estimating productivity and susceptibility of each species to the fishing method.

Attribute Average age at maturity Average size at maturity Average maximum age Productivity Average maximum size Fecundity Reproductive strategy Trophic level Availability Encounterability Susceptibility Selectivity Post capture Mortality

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The calculation of risk score The overall risk score is calculated as the Euclidian distance from the origin of a 2D plot (0, 0). For two 2D points, P= (Px, Py) and Q=(Qx, Qy), the distance is computed as:

.

Where are the productivity and the susceptibility score respectively and is the origin of the 2D plot (0, 0). Thus the equation can be expressed as:

The divisions between risk categories and hence scoring guideposts are based on dividing the area of the PSA plots into equal thirds. If all productivity and susceptibility scores (scale 1-3) are assumed to be equally likely, then 1/3rd of the Euclidean overall risk values will be greater than 3.18 (high risk),1/3rd will be between 3.18 and 2.64 (medium risk), and 1/3rd will be lower than 2.64 (low risk). After the PSA is completed a final PSA score is derived for each species. These scores are divided into low risk, medium risk and high risk, on the basis of equal thirds (Table A.2.8). Table A.2.8. PSA risk category for PSA scores. The cut-off values and the scoring guidepost are indicated. PSA risk category PSA score MSC scoring guidepost MSC action High >3.18 <60 Fail Medium 3.18-2.64 60-80 Corrective action Low <2.64 >80 Pass

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Appendix 1.1 Performance Indicator Scores and Rationale

Fishery Name: DFA Dutch North Sea Ensis Scoring Meeting date: 7/11/2012 & 8/11/2012 Attendees: Dr. Antonio Hervas, Ms. Fiona Nimmo & Mr. Andy Read. Evaluation Table PI 1.1.1 The stock is at a level which maintains high productivity and has a low probability of PI 1.1.1 recruitment overfishing SG Issue Met? Justification/Rationale (Y/N) 60 a Y It is likely that the stock is above the point where recruitment would be impaired.

Scoring issue 100a (below) is applicable also here.

80 a Y It is highly likely that the stock is above the point where recruitment would be impaired. Scoring issue 100a (below) is applicable also here. b Y The stock is at or fluctuating around its target reference point. Scoring issue 100b (below) is applicable also here

100 a Y There is a high degree of certainty that the stock is above the point where recruitment would be impaired. Recruitment overfishing occur when the adult population is fished at a rate at which the number and size of the adult population is reduced to a point that the stock does not have the reproductive capacity to replenish itself. Exploitation rates at which the fishery operates provided evidence to support with a degree of certainty that the razor stock is above the point where recruitment overfishing occurs. Exploitation rates: Exploitation rates at which the fishery have operated varied between 0.98% and 1.61% in years 2006-2011. These values are calculated as the proportion of razor landed from the total Dutch adult stock (>12cm) in all Dutch coastal waters. Exploitation rates calculated as the proportion of razor landed from the adult razor stock (>12 cm) of the Voordelta and Noordzeekustzone were estimated at 4.46% (±1.02, 95% CL) and 1.50% (±0.35, 95%CL), respectively. Exploitation rates at which the fishery operates indicate that there is high degree of certainty that the fishery is not posing any risk to the reproductive capacity of the stock. Area fished At current exploitation rates the total fished area is estimated at 60 ha and under current management the maximum area fished is estimated at 160ha. The surface of the Voordelta and for the Noordzeekustzone is 92,267 ha and 123,134, respectively. Therefore the estimated fished area is negligible when compared to the total area.

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The stock is at a level which maintains high productivity and has a low probability of PI 1.1.1 recruitment overfishing b Y There is a high degree of certainty that the stock has been fluctuating around its target reference point, or has been above its target reference point, over recent years. The maximum exploitation rate established under the management plan (i.e. 8000 tons) can be defined as an implicit target reference point. 8000 tones are related to an exploitation rate that will vary depending on stock biomass and has the objective of achieving MSY levels. Landings have been significantly lower than the maximum total catch allowance in recent years (see Table below) and therefore this issued is met. Year Noordzeekustzone (landings Voordelta (landings Total tons) tons) (tons 2006 605.6 1,316,200 1,921,800 2007 483.4 1,768 2,251.4 2008 539.3 1,789.0 2328.2 2009 355.9 2441.0 2796.8 2010 420.3 3180.1 3600.4 2011 1016.9 2711.0 3728.0

IMARES. 2010 Stock Assessment Report (http://library.wur.nl) Agonus, 2009. Appropriate Assessment References Landing data. Source: Nederlandse Vissersbond

Stock Status relative to Reference Points

Type of reference Current stock status relative Value of reference point point to reference point

Target reference point Exploitation rate Exploitation rates Mean Target Exploitation calculated as the rate/Mean current proportion of razor landed exploitation rate (years from the adult razor stock 2006-2011) = of the Voordelta and = 2.61 for the Voordelta Noordzeekustzone were And estimated at 4.46% (±1.02, = 4.59 for the 95% CL) and 1.50% (±0.35, Noordzeekustzone 95%CL), respectively.

Limit reference point Exploitation rate Same as above Same as above

OVERALL PERFORMANCE INDICATOR SCORE: 100

CONDITION NUMBER (if relevant): NA

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Evaluation Table: PI 1.1.2

PI 1.1.2 Limit and target reference points are appropriate for the stock

Met? SG Issue Justification/Rationale (Y/N) 60 a Y Generic limit and target reference points are based on justifiable and reasonable practice appropriate for the species category. See 80a.

80 a Y Reference points are appropriate for the stock and can be estimated. The razor clam in the Dutch coastal zone is managed using a maximum allowance catch which is set at 8000 tons (5500 tons for the Voordelta and 2500 tons for the Noordzeekustzone). The main objective of setting these catch values is to ensure that the fishery does not pose any risk to the conservation status of the sites where the fishery occur. The Voordelta and the Noordzeekustzone are designated under Natura 2000 as SPAs SACs. The maximum allowance catch is set in relation to stock sized observed in years 1995-2010 in order to ensure that the fishery does not pose any risk to the productivity of the stock. This type of management control measure is considered appropriate for this type of species (i.e. Relative sedentary bivalves). b Y The limit reference point is set above the level at which there is an appreciable risk of impairing reproductive capacity. The razor clam in the Dutch coastal zone is managed using a maximum allowance catch which is set at 8000 tons (5500 tons for the Voordelta and 2500 tons for the Noordzeekustzone). The main objective of this trigger management point is to ensure that there is enough food for birds and that the proportion of area fished compared to the overall area ensures that important habitats are not impacted. However in an implicit manner the low exploitation rates set by management also ensure that the stock is not at risk of recruitment overfishing. Table 3.2-3.4 (in section 3) show maximum exploitation rates under which the fishery can operate. These exploitation rates can be interpreted as limit reference points. c Y The target reference point is such that the stock is maintained at a level consistent with BMSY or some measure or surrogate with similar intent or outcome. As described above the main objective of setting a maximum allowed catch of 8000 tons is to protect the conservation status of the sites where the fishery occurs. Table 3.2-3.4 show maximum exploitation rates under which the fishery have been able to operate in years 2006-2011: - Total Dutch coastal zone mean value: 3.58% (±0.96, 95% CL) - Voordelta: 11.65% (±2.63, 95% CL): - Noordzeekustzone: 6.87% (±1.12, 95% CL). If we related these values to fishing instantaneous mortality (F) using Haddon (2001) equation: E = 1- exp (-F), we have: - Total Dutch coastal zone mean value: 0.039 - Voordelta: 0.13 (±0.03, 95% CL): - Noordzeekustzone: 0.07 (±0.02, 95% CL).

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PI 1.1.2 Limit and target reference points are appropriate for the stock

Met? SG Issue Justification/Rationale (Y/N) These values of Exploitation rates or F are well below any proxy for MSY. For instance M estimates for Ensis directus using growth parameters and average temperature of the Dutch coastal waters (see section 3) are much higher than implicit target F values set by management.

d NA Key low trophic level species, the target reference point takes into account the ecological role of the stock. E. directus is not defined as Low Trophic Species following (Reference: CR Annex CB2.3.13, CB2.3.18) 100 b Y The limit reference point is set above the level at which there is an appreciable risk of impairing reproductive capacity following consideration of precautionary issues. The maximum allowed catch ensures that the adult population is fished at a rate at which the number and size of the adult population is not reduced to a point that the stock does not have the reproductive capacity to replenish itself. The exploitation rates at which the fishery can exploit the population are considered well below any proxy for limit reference points and therefore this issue is met. c N The target reference point is such that the stock is maintained at a level consistent with BMSY or some measure or surrogate with similar intent or outcome, or a higher level, and takes into account relevant precautionary issues such as the ecological role of the stock with a high degree of certainty. As for issue 100b above, the exploitation rates at which the fishery can exploit the population are considered well below any proxy for target reference points. However the dependency of birds on food is not fully understood and therefore relevant ecological precautionary issues are not considered to be taken into account with a high degree of certainty. Keus, B.J. 2009. Habitattoets Ensisvisserij Natura 2000 gebieden Voordelta en Noordzeekustzone Van Lanker, V., D. Huyghebaert, M. Rozemeijer, S. Van Gaever, W. Versluys, J. Craeymeersch, W. Courtens, E. Stienen, B. Merckx, G. Van Hoey, F. Kerckhof, S. Degraer, J.-S. Houziaux. 2011. Preceedings from workshop on EnSIS: Ecosystem sensitivity to invasive species. Belgian Science Policy Research Programme “Science for a Sustainable Development Pauly, D., 1980. On the interrelationship between natural mortality, growth parameters and mean environmental temperature in 175 fish stocks. ICES References journal; 39(3) 175-192. Palmer, D.W., 2004. Growth of the razor clam Ensis directus, an alien species in the Wash on the east coast of England. J. Mar. Biol. Ass. U.K. (2004), 84, 1075^1076

Haddon, M (2001). Modelling and quantitative methods in fisheries Chapman & Hall/CRC, 403 pp.

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PI 1.1.2 Limit and target reference points are appropriate for the stock

Met? SG Issue Justification/Rationale (Y/N)

OVERALL PERFORMANCE INDICATOR SCORE: 90

CONDITION NUMBER (if relevant): NA

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Evaluation Table: PI 1.1.3

PI 1.1.3 Where the stock is depleted, there is evidence of stock rebuilding

Met? SG Issue Justification/Rationale (Y/N) 60 a NA Where stocks are depleted rebuilding strategies which have a reasonable expectation of success are in place. [Insert as much text as required into every relevant SG issue]

b NA A rebuilding timeframe is specified for the depleted stock that is the shorter of 30 years or 3 times its generation time. For cases where 3 generations is less than 5 years, the rebuilding timeframe is up to 5 years.

c NA Monitoring is in place to determine whether they are effective in rebuilding the stock within a specified timeframe.

80 a NA Where stocks are depleted rebuilding strategies are in place.

b NA A rebuilding timeframe is specified for the depleted stock that is the shorter of 20 years or 2 times its generation time. For cases where 2 generations is less than 5 years, the rebuilding timeframe is up to 5 years.

c NA There is evidence that they are rebuilding stocks, or it is highly likely based on simulation modelling or previous performance that they will be able to rebuild the stock within a specified timeframe.

100 a NA Where stocks are depleted, strategies are demonstrated to be rebuilding stocks continuously and there is strong evidence that rebuilding will be complete within the specified timeframe.

b NA The shortest practicable rebuilding timeframe is specified which does not exceed one generation time for the depleted stock.

References

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PI 1.1.3 Where the stock is depleted, there is evidence of stock rebuilding

Met? SG Issue Justification/Rationale (Y/N)

OVERALL PERFORMANCE INDICATOR SCORE: NA

CONDITION NUMBER (if relevant): NA

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Evaluation Table: PI 1.2.1

PI 1.2.1 There is a robust and precautionary harvest strategy in place

Met? SG Issue Justification/Rationale (Y/N) 60 a Y The harvest strategy is expected to achieve stock management objectives reflected in the target and limit reference points. See 80a and 100a.

b Y The harvest strategy is likely to work based on prior experience or plausible argument. See 80b.

c Y Monitoring is in place that is expected to determine whether the harvest strategy is working. Stock size is monitored on an annual basis. The fishery is opened on the basis that the fishery does not pose a risk on the conservation status of the sites. This is evaluated through appropriate assessments.

80 a Y The harvest strategy is responsive to the state of the stock and the elements of the harvest strategy work together towards achieving management objectives reflected in the target and limit reference points. The harvest strategy is responsive to the state of the stock. The appropriate assessment carried out in 2009 evaluated the effect of fishing on the Ensis stock. The fishery was opened after appropriate assessment result showed that the fishery did not pose a risk to the productivity of the stock. The fishing plan is renewed in a regular basis and an appropriate assessment is carried out to ensure that they fishery meets the conservation objectives of the Natura 2000 sites. Regulatory measures to which the fishery is subject to are described as follow:  Minimum landing size of 10cm.  Setting an annual quota (i.e. 8,000 tons). Current landings are in fact well below this TAC, which has never been reached.  A maximum dredge blade width of 1.25m.  Minimum bar spacing within the dredge of 11mm.  Limited licences (8).  A maximum bycatch of 5%- vessels must move if this is exceeded.  A maximum fishing time per vessel of 2400 hours a year, and a maximum of 200 days at sea.  A maximum towing speed of 500m per hour.  A maximum of 10% of damaged shells to be permitted in the catch.  Fishing is not permitted within 500m of congregations of feeding birds.  Fishing permits requiring compliance with all licenses and fishing plan conditions. Monitoring and assessment procedures are in place to inform the harvest strategy on changes in stock size. Therefore the elements of the harvest strategy work together toward achieving management objectives.

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PI 1.2.1 There is a robust and precautionary harvest strategy in place

Met? SG Issue Justification/Rationale (Y/N) b Y The harvest strategy may not have been fully tested but monitoring is in place and evidence exists that it is achieving its objectives. The harvest strategy has not been fully tested (see 100b for justification). Appropriate assessments results provide evidence that the management objectives are being met in terms of the impact of fishing on the ensis stock and the wider ecosystem. In addition monitoring of stock removals confirms that the maximum total allowance (i.e. 8000 tones) is not being exceeded.

100 a Y The harvest strategy is responsive to the state of the stock and is designed to achieve stock management objectives reflected in the target and limit reference points. The harvest strategy is responsive to the state of the stock. The appropriate assessment carried out in 2009 evaluated the effect of fishing on the Ensis stock. The fishery was opened after appropriate assessment result showed that the fishery did not pose a risk to the productivity of the stock. The fishing plan is renewed in a regular basis and an appropriate assessment is carried out to ensure that the fishery meets the conservation objectives of the Natura 2000 sites. Monitoring and assessment procedures are in place to inform the harvest strategy on changes in stock size. All elements of the harvest strategy are designed to inform on whether management objectives are being met. b N The performance of the harvest strategy has been fully evaluated and evidence exists to show that it is achieving its objectives including being clearly able to maintain stocks at target levels. The harvest strategy has not been fully tested. The appropriate assessment evaluates the robustness of the fishing plan in relation to the conservation objectives of the sites. However this is primarily an assessment of the fishery impact on the protected habitats and birds. A full evaluation requires an evaluation of all elements of the harvest strategy (i.e. management measures, harvest control rules and stock assessment procedures) and how they work together to maintain the stock at high productivity levels with low level of uncertainty. This evaluation has not been carried out as part of the exploitation of the Ensis stock. d Y The harvest strategy is periodically reviewed and improved as necessary. The first management plan was implemented for years 2005-2008. The current fishing plan 2011-2012 reiterates the contents of the original 2005-2008 management plan and commits to reviewing the plan on an annual basis. Keus, B.J. 2009. Habitattoets Ensisvisserij Natura 2000 gebieden Voordelta en Noordzeekustzone References IMARES: 2011 Stock Assessment Report (http://library.wur.nl) Ensis Fishing plan 2011-2012 (www.seafarm.nl)

OVERALL PERFORMANCE INDICATOR SCORE: 95

CONDITION NUMBER (if relevant): NA

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Evaluation Table: PI 1.2.2

PI 1.2.2 There are well defined and effective harvest control rules in place

Met? SG Issue Justification/Rationale (Y/N) 60 a Y Generally understood harvest rules are in place that are consistent with the harvest strategy and which act to reduce the exploitation rate as limit reference points are approached. See 80a.

c Y There is some evidence that tools used to implement harvest control rules are appropriate and effective in controlling exploitation. See 80c.

80 a N Well defined harvest control rules are in place that are consistent with the harvest strategy and ensure that the exploitation rate is reduced as limit reference points are approached. The fishing plan contains a set of measures and harvest control tools designed primarily to ensure that the fishery does not pose a risk to the conservation status of the sites. The Voordelta and the Noordzeekustzone are classified under Natura 2000 as Special Area of Conservation (SAC) and Special Protection Area (SPA) under the EU Habitat and Bird Directives, respectively. The main harvest control tool is the maximum annual quota which set at 8000 tons. This tool has shown to be highly precautionary (see PI 1.1.2) as exploitation rates under which the fishery can operate are well below any proxy for MSY. The combination of tools and measures can be considered as implicit harvest control rules. However there are no explicit well defined harvest control rules for this fishery and therefore this issue is not met. b Y The selection of the harvest control rules takes into account the main uncertainties. Harvest control rules take into account main uncertainties. The 8000 tons quota is divided into 5500 tons for the Voordelta and 2500 tons for the Noordzeekustzone. Uncertainty in the selection of maximum allowed catch related to: -local depletion due to sedentary nature of razor and high efficiency of gear used. -indirect mortality that hydraulic dredging may cause on undersized razors (discard mortality). Uncertainty is taken into account in an implicit manner as control rules (fishing time, number of licences and maximum allowed catch) ensure low exploitation rates and a low proportion of the bed to be fished. c Y Available evidence indicates that the tools in use are appropriate and effective in achieving the exploitation levels required under the harvest control rules. Landings have remained well under the maximum allowed catch since 2005, due mainly to market constrains. However the low scale of the fishery (only four vessels presently exploiting the stock) together with a comprehensive control and enforcement system (see principle 3) indicates that the tool in use (i.e. quota) is appropriate and effective in achieving exploitation levels required under the harvest control rules.

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PI 1.2.2 There are well defined and effective harvest control rules in place

Met? SG Issue Justification/Rationale (Y/N) 100

b N The design of the harvest control rules takes into account a wide range of uncertainties. Harvest control rules take into account main uncertainties. The 8000 tones quota is divided into 5500 tons for the Voordelta and 2500 tons for the Noordzeekustzone. A wide range of uncertainties are not taken into account when setting the harvest control rules. The maximum allowed catch and fishing effort restrictions are not designed in a spatial-explicit manner to account for uncertainty related to local depletion. Therefore the 100 guidepost is not awarded. c N Evidence clearly shows that the tools in use are effective in achieving the exploitation levels required under the harvest control rules. Landings have remained well under the maximum allowed catch since 2005, due mainly to market constrains. Therefore the tool used (quota) has not clearly shown that it can control exploitation levels. This would be only clearly shown once the fishery targets the 8000 tones. References Ensis Fishing plan 2011-2012. (www.seafarm.nl)

OVERALL PERFORMANCE INDICATOR SCORE: 75

CONDITION NUMBER (if relevant): 1

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Evaluation Table: PI 1.2.3

PI 1.2.3 Relevant information is collected to support the harvest strategy

Met? SG Issue Justification/Rationale (Y/N) 60 a Y Some relevant information related to stock structure, stock productivity and fleet composition is available to support the harvest strategy.

See 80a.

b Y Stock abundance and fishery removals are monitored and at least one indicator is available and monitored with sufficient frequency to support the harvest control rule. See 80b.

80 a Y Sufficient relevant information related to stock structure, stock productivity, fleet composition and other data is available to support the harvest strategy. Sufficient relevant information related to stock structure, stock productivity and fleet composition is available. Stock structure is monitored and assessed through the use of research surveys on an annual basis. Information on stock productivity of Ensis directus in the North Sea is limited although sufficient to support the harvest strategy. Craymeersch et al. (2001) & Palmer (2004) described growth and reproduction strategy of Ensis directus. Information on size and age at maturity is inferred from other razor species. However this currently does not preclude the harvest strategy given the management measures under which the fishery operates. The fleet structure is fully known. Currently there are eight licenses issued by the Dutch Ministry for this fishery. However, one of these has been reported as being currently withdrawn by the owner, which operates another vessel in this fishery, one is withdrawn by three share owners and two others have not been used to date. The 4 active vessels are all members of the shellfish producer’s organization within the Dutch Fishermen´s Association (DFA). b Y Stock abundance and fishery removals are regularly monitored at a level of accuracy and coverage consistent with the harvest control rule, and one or more indicators are available and monitored with sufficient frequency to support the harvest control rule. Stock abundance is monitored on an annual basis through the use of research surveys. Landings are reported though the compulsory use of logbooks. Exploitation rates are calculated as a proportion of the stock removed from the overall biomass.

c N There is good information on all other fishery removals from the stock. Information on razors discarded is not available. Discard mortality is estimated to be high and therefore the amount of razors discards is needed to have a full estimation of fishing mortality. This issue is not met and a condition of certification is raised.

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PI 1.2.3 Relevant information is collected to support the harvest strategy

Met? SG Issue Justification/Rationale (Y/N) 100 a N A comprehensive range of information (on stock structure, stock productivity, fleet composition, stock abundance, fishery removals and other information such as environmental information), including some that may not be directly related to the current harvest strategy, is available. This issue is not met due to the lack of spatial and temporal information on biological parameters for Ensis directus in the North Sea. Although under current management information on the biology of this species is considered sufficient it is not considered comprehensive. b N All information required by the harvest control rule is monitored with high frequency and a high degree of certainty, and there is a good understanding of inherent uncertainties in the information [data] and the robustness of assessment and management to this uncertainty. Stock estimates are not estimated with a high degree of certainty as confident limits are not given. In addition uncertainties related to sampling methodology used (regular grid versus random allocation of sampling units) is not considered in the assessment. IMARES: 2011 stock assessment report (http://library.wur.nl/WebQuery/wurpubs/422542) References Craymeersch et al (2001) Palmer, D.W., 2004. Growth of the razor clam Ensis directus, an alien species in the Wash on the east coast of England. J. Mar. Biol. Ass. U.K. (2004), 84, 1075^1076 OVERALL PERFORMANCE INDICATOR SCORE: 75

CONDITION NUMBER (if relevant): 2

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Evaluation Table: PI 1.2.4

PI 1.2.4 There is an adequate assessment of the stock status

Met? SG Issue Justification/Rationale (Y/N) 60 b Y The assessment estimates stock status relative to reference points. See 80a.

c Y The assessment identifies major sources of uncertainty. See 80b.

80 a Y The assessment is appropriate for the stock and for the harvest control rule. The assessment is appropriate for the stock. Research surveys provide a directed sampling method for the assessment of abundance or relative abundance of razors and their spatial distribution. While abundance can be estimated through the use of other assessment methods (e.g. Depletion models) research surveys give information about the spatial distribution of the stock, which is important for understanding the population dynamics of sessile organisms.

c Y The assessment takes uncertainty into account. The main assessment uncertainty is related to the variance of the mean estimator. This is addressed by stratifying the allocation of sampling stations. A higher number of samples are allocated in areas of higher density to account for the variance of the mean estimator.

e Y The assessment of stock status is subject to peer review. The assessment is subject to internal peer review by IMARES personnel. 100 a N The assessment is appropriate for the stock and for the harvest control rule and takes into account the major features relevant to the biology of the species and the nature of the fishery. The nature of the fishery determines that local depletion of the stock should be assessed and controlled if necessary through management. The assessment of the stock does not use information available on catch per unit effort to assess local depletion (through the use of depletion models for instance). Therefore this issue is not met. c N The assessment takes into account uncertainty and is evaluating stock status relative to reference points in a probabilistic way. Uncertainty is accounted for to design the distribution of sampling units. However only point estimates are provided by stock assessment and variance is not included in the assessment results.

d N The assessment has been tested and shown to be robust. Alternative hypotheses and assessment approaches have been rigorously explored. The assessment has not been tested. The use of other assessment methods (e.g. Depletion models) to estimate stock biomass could be used to test the robustness of assessment results.

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PI 1.2.4 There is an adequate assessment of the stock status

Met? SG Issue Justification/Rationale (Y/N) e N The assessment has been internally and externally peer reviewed. The assessment is not peer reviewed externally. Hervas, A. (2008). Assessment of Scallops Pecten maximus stocks in the Irish and Celtic Seas. PhD thesis. University of Dublin, Trinity College. References IMARES. 2011 Stock assessment report. (http://library.wur.nl/WebQuery/wurpubs/422542) OVERALL PERFORMANCE INDICATOR SCORE: 80

CONDITION NUMBER (if relevant): NA

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Evaluation Table: PI 2.1.1 The fishery does not pose a risk of serious or irreversible harm to the retained species and PI 2.1.1 does not hinder recovery of depleted retained species Met? SG Issue Justification/Rationale (Y/N) 60 a NA Main retained species are likely to be within biologically based limits (if not, go to scoring issue d below). Scored using RBF, see Table 1.2.1b in Appendix 1.2.

c NA If main retained species are outside the limits there are measures in place that are expected to ensure that the fishery does not hinder recovery and rebuilding of the depleted species. Scored using RBF, see Table 1.2.1b in Appendix 1.2.

d NA If the status is poorly known there are measures or practices in place that are expected to result in the fishery not causing the retained species to be outside biologically based limits or hindering recovery. Scored using RBF, see Table 1.2.1b in Appendix 1.2.

80 a NA Main retained species are highly likely to be within biologically based limits (if not, go to scoring issue c below). Scored using RBF, see Table 1.2.1b in Appendix 1.2.

c NA If main retained species are outside the limits there is a partial strategy of demonstrably effective management measures in place such that the fishery does not hinder recovery and rebuilding. Scored using RBF, see Table 1.2.1b in Appendix 1.2.

100 a NA There is a high degree of certainty that retained species are within biologically based limits and fluctuating around their target reference points. Scored using RBF, see Table 1.2.1b in Appendix 1.2.

b NA Target reference points are defined and retained species. Scored using RBF, see Table 1.2.1b in Appendix 1.2.

Goudswaard, P.C., K.J. Perdon, J.J. Kesteloo, J. Jol, C. Van Zweeden, E. Hartog, J.M.J Jansen & K. Troost. 2010. Schelpdieren in de Nederlandse kustwateren, een kwantitatieve en kwalitatieve bestandsopname in 2010. Heijer, W. D. 2011. Bycatch sampling in the Dutch fishery for razor shells Ensis directus IMARES 1 institute for Marine Resources & Ecosystem Studies References Keus, B.J. 2009. Habitattoets Ensisvisserij Natura 2000 gebieden Voordelta en Noordzeekustzone Visplan Ensisvisserij. 2011-2012. Ensis fishing plan 2011-2012

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The fishery does not pose a risk of serious or irreversible harm to the retained species and PI 2.1.1 does not hinder recovery of depleted retained species Met? SG Issue Justification/Rationale (Y/N)

OVERALL PERFORMANCE INDICATOR SCORE: 100

CONDITION NUMBER (if relevant): NA

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Evaluation Table: PI 2.1.2 There is a strategy in place for managing retained species that is designed to ensure the PI 2.1.2 fishery does not pose a risk of serious or irreversible harm to retained species Met? SG Issue Justification/Rationale (Y/N) 60 a Y There are measures in place, if necessary, that are expected to maintain the main retained species at levels which are highly likely to be within biologically based limits, or to ensure the fishery does not hinder their recovery and rebuilding. As per MSC Certification Requirements v1.2 paragraph CB3.3.1 no management strategy is required at SG 60 on account of a fishery having no main retained species and achieving 100 for outcome PI.

b Y The measures are considered likely to work, based on plausible argument (e.g., general experience, theory or comparison with similar fisheries/species). As 60a justification above.

80 a Y There is a partial strategy in place, if necessary that is expected to maintain the main retained species at levels which are highly likely to be within biologically based limits, or to ensure the fishery does not hinder their recovery and rebuilding. As per MSC Certification Requirements v1.2 paragraph CB3.3.1 no management strategy is required at SG 80 on account of a fishery having no main retained species and achieving 100 for outcome PI.

b Y There is some objective basis for confidence that the partial strategy will work, based on some information directly about the fishery and/or species involved. As 80a justification above.

c Y There is some evidence that the partial strategy is being implemented successfully. As 80a justification above.

100 a Y There is a strategy in place for managing retained species. The Ensis fishing plan (Visplan Ensisvisserij, 2011) includes a series of measures designed to directly and indirectly manage retained species including:  Limit of less than 5% bycatch (of retained species) is permitted and in instances where bycatch (of retained species) exceeds 5% vessels shall seek alternative fishing grounds.  A registration document for the transport of live clams is completed each fishing trip and submitted to the Dutch Fish Product Board  Annual catch statements are made to the Ministry of Agriculture and Dutch Fish Product Board.  Maximum quota of 8,000 tonnes  One dredge per vessel with dredge width of 1.25 m  Maximum allowed effort of 2,400 hours fishing per vessel per year and maximum speed while dredging is 500 meters per hour

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There is a strategy in place for managing retained species that is designed to ensure the PI 2.1.2 fishery does not pose a risk of serious or irreversible harm to retained species Met? SG Issue Justification/Rationale (Y/N)  An area within the Voordelta (De Bollen van het Nieuwe Zand) of 13.1 km2 is closed from 1 November to 1 May for all activities including Ensis fishery.  Additional closed areas are in place within the Voordelta and Noordzeekustzone specifically for protecting birds and seals. b N Testing supports high confidence that the strategy will work, based on information directly about the fishery and/or species involved. No testing has been undertaken to support with high confidence that the management in place will work to manage impact on retained species

c Y There is clear evidence that the strategy is being implemented successfully. The strategy is being implemented successfully. Enforcement is undertaken by Ministry of EL&I through at sea vessel patrols and by the AID through factory and landings inspections. The fishermen interviewed were well informed about all restrictions in place.

d N There is some evidence that the strategy is achieving its overall objective. Evidence has not been provided to indicate whether the strategy is ensuring less than 5% retained species. Landings statistics indicating the actual weight of retained species taken with the fishery would form evidence that the 5% limit is adhered to.

Visplan Ensisvisserij. 2011-2012. Ensis fishing plan 2011-2012 References

OVERALL PERFORMANCE INDICATOR SCORE: 90

CONDITION NUMBER (if relevant): NA

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Evaluation Table: PI 2.1.3 PI 2.1.3 Information on the nature and extent of retained species is adequate to determine the risk posed by the fishery and the effectiveness of the strategy to manage retained species Met? SG Issue Justification/Rationale (Y/N) 60 a Y Qualitative information is available on the amount of main retained species taken by the fishery. As justification provided in 80a.

b N/A Information is adequate to qualitatively assess outcome status with respect to biologically based limits. Scoring issue not scored because RBF used for PI 2.1.1.

c Y Information is adequate to support measures to manage main retained species. As justification provided in 80c.

80 a Y Qualitative information and some quantitative information are available on the amount of main retained species taken by the fishery. Qualitative information is available on the amount of main retained species based on consultation throughout the site visit. Fishermen indicate that retention of species other than E. directus is rare and certainly within the 5% limit set within the fishing license and Fishing Plan. Examination of on-board logbooks for one vessel indicated minimal retained species. Some qualitative data is available on the total catch of the E. directus fishery based on bycatch sampling undertaken in 2011 (Heijer, 2011). This research showed no retention of marketable species other than E. directus b N/A Information is sufficient to estimate outcome status with respect to biologically based limits. Scoring issue not scored because RBF used for PI 2.1.1.

c Y Information is adequate to support a partial strategy to manage main retained species. Information is sufficient to inform that a strategy is in place as part of the Fishing Plan 2011-2012. Information is sufficient to support the 5% limit on bycatch (retained) species. d Y Sufficient data continue to be collected to detect any increase in risk level (e.g. due to changes in the outcome indicator score or the operation of the fishery or the effectiveness of the strategy) Sufficient data continue to be collected that allow any increase in risk level to retained species being detected. IMARES undertakes shellfish assessments in Dutch coastal waters for ten species (Goudswaard et al., 2010). Annual reporting of E. directus catches allow estimation of the total area fished by the fleet and therefore an understanding of the potential scale of impact to retained species, based on spatial coverage. Appropriate Assessments are undertaken on a regular basis (2005, 2007 and 2009) to ensure that measures are sufficient to minimize impacts on qualifying features of SACs and SPAs including consideration of habitats and ecological food

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PI 2.1.3 Information on the nature and extent of retained species is adequate to determine the risk posed by the fishery and the effectiveness of the strategy to manage retained species Met? SG Issue Justification/Rationale (Y/N) requirements of birds.

100 a N Accurate and verifiable information is available on the catch of all retained species and the consequences for the status of affected populations. Accurate and verifiable information on all landings of E. directus have been provided during the assessment of this fishery. However, statistics for all retained species landed in conjunction with the E. directus fishery have not been provided. It is understood that these are collated based on annual landings submitted by the vessels as required under the Fishing Plan and EC logbook requirements; however they have not been made available to inform the assessment and therefore this issue is not met.

b N/A Information is sufficient to quantitatively estimate outcome status with a high degree of certainty. Scoring issue not scored because RBF used for PI 2.1.1.

c N Information is adequate to support a comprehensive strategy to manage retained species, and evaluate with a high degree of certainty whether the strategy is achieving its objective. Information is not adequate to evaluate whether the strategy is achieving its objective with a high degree of certainty.

d N Monitoring of retained species is conducted in sufficient detail to assess ongoing mortalities to all retained species. Mortalities to all retained species are not monitored in an ongoing basis. The bycatch sampling research was undertaken as a one-off study with no plans for future assessment.

Goudswaard, P.C., K.J. Perdon, J.J. Kesteloo, J. Jol, C. Van Zweeden, E. Hartog, J.M.J Jansen & K. Troost. 2010. Schelpdieren in de Nederlandse kustwateren, een kwantitatieve en kwalitatieve bestandsopname in 2010. IMARES 1 institute for References Marine Resources & Ecosystem Studies. Heijer, W. D. 2011. Bycatch sampling in the Dutch fishery for razor shells Ensis directus

OVERALL PERFORMANCE INDICATOR SCORE: 80

CONDITION NUMBER (if relevant): NA

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Evaluation Table: PI 2.2.1 The fishery does not pose a risk of serious or irreversible harm to the bycatch species or PI 2.2.1 species groups and does not hinder recovery of depleted bycatch species or species groups Met? SG Issue Justification/Rationale (Y/N) 60 a NA Main bycatch species are likely to be within biologically based limits (if not, go to scoring issue b below). Scored using RBF, see Table 1.2.1c in Appendix 1.2.

b NA If main bycatch species are outside biologically based limits there are mitigation measures in place that are expected to ensure that the fishery does not hinder recovery and rebuilding. Scored using RBF, see Table 1.2.1c in Appendix 1.2.

c NA If the status is poorly known there are measures or practices in place that are expected to result in the fishery not causing the bycatch species to be outside biologically based limits or hindering recovery. Scored using RBF, see Table 1.2.1c in Appendix 1.2.

80 a NA Main bycatch species are highly likely to be within biologically based limits (if not, go to scoring issue b below). Scored using RBF, see Table 1.2.1c in Appendix 1.2.

b NA If main bycatch species are outside biologically based limits there is a partial strategy of demonstrably effective mitigation measures in place such that the fishery does not hinder recovery and rebuilding. Scored using RBF, see Table 1.2.1c in Appendix 1.2.

100 a NA There is a high degree of certainty that bycatch species are within biologically based limits. Scored using RBF, see Table 1.2.1c in Appendix 1.2.

References Goudswaard, P.C., K.J. Perdon, J.J. Kesteloo, J. Jol, C. Van Zweeden, E. Hartog, J.M.J Jansen & K. Troost. 2010. Schelpdieren in de Nederlandse kustwateren, een kwantitatieve en kwalitatieve bestandsopname in 2010. IMARES 1 institute for Marine Resources & Ecosystem Studies. Heijer, W. D. 2011. Bycatch sampling in the Dutch fishery for razor shells Ensis directus

OVERALL PERFORMANCE INDICATOR SCORE: 80

CONDITION NUMBER (if relevant):

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Evaluation Table: PI 2.2.2 There is a strategy in place for managing bycatch that is designed to ensure the fishery PI 2.2.2 does not pose a risk of serious or irreversible harm to bycatch populations Met? SG Issue Justification/Rationale (Y/N) 60 a Y There are measures in place, if necessary, which are expected to maintain main bycatch species at levels which are highly likely to be within biologically based limits or to ensure that the fishery does not hinder their recovery. There are a series of measures in place that are designed to manage other Principle 2 components, but that indirectly contribute to the management of bycatch species, including:  Limit of less than 5% bycatch (of retained species) is permitted and in instances where bycatch (of retained species) exceeds 5% vessels shall seek alternative fishing grounds.  Maximum quota of 8,000 tons  One dredge per vessel with dredge width of 1.25 m  Maximum allowed effort of 2,400 hours fishing per vessel per year and maximum speed while dredging is 500 meters per hour  An area within the Voordelta (Bollen van het Nieuwe Zand) of 13.1 km2 is closed from 1 November to 1 May for all fishing activities including Ensis fishery.  Additional closed areas are in place within the Voordelta and Noordzeekustzone specifically for protecting birds and seals. b Y The measures are considered likely to work, based on plausible argument (e.g. general experience, theory or comparison with similar fisheries/species). These measures are considered likely to work. The quota level, dredge width and maximum fishing speed will limit the area fished and therefore the overlap with bycatch species distribution. The 5% limit on bycaught retained species and requirement to move fishing ground should 5% be met, will also work towards limiting interaction.

80 a N There is a partial strategy in place, if necessary, that is expected to maintain main bycatch species at levels which are highly likely to be within biologically based limits or to ensure that the fishery does not hinder their recovery. There is no partial strategy in place for managing bycatch species. The measures described under justification 60a above are not considered to form a cohesive arrangement and awareness of their effectiveness with regard to managing bycatch is unknown. While the 5% limit of bycatch (of retained species) is commendable, it does not take into account those species cleaned and discarded prior to sorting. Research from elsewhere has shown high levels of bycatch and low survivability (74% bycatch of E. cordatum of which 80% unlikely to survive) (Hauton et al., 2003). The Fishing Plan (2011-2012) states that the sector will carry out joint research in order to develop fishing techniques to reduce breakages and catches. While this may be principally for target Ensis species, if implemented, this would also work to mitigate bycatch impacts.

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There is a strategy in place for managing bycatch that is designed to ensure the fishery PI 2.2.2 does not pose a risk of serious or irreversible harm to bycatch populations Met? SG Issue Justification/Rationale (Y/N) b N There is some objective basis for confidence that the partial strategy will work, based on some information directly about the fishery and/or the species involved. There is no partial strategy for managing bycatch species and therefore this issue is not met.

c N There is some evidence that the partial strategy is being implemented successfully. There is no partial strategy for managing bycatch species and therefore this issue is not met.

100 a N There is a strategy in place for managing and minimising bycatch. There is no strategy for managing bycatch species and therefore this issue is not met.

b N Testing supports high confidence that the strategy will work, based on information directly about the fishery and/or species involved. There is no strategy for managing bycatch species and therefore this issue is not met.

c N There is clear evidence that the strategy is being implemented successfully. There is no strategy for managing bycatch species and therefore this issue is not met.

d N There is some evidence that the strategy is achieving its objective. There is no strategy for managing bycatch species and therefore this issue is not met.

References Hall, S.J., Basford, D.J. & Roberts, M.R., 1990. The impact of hydraulic dredging for razor clams Ensis sp. on an infaunal community. Netherlands Journal of Sea Research, 27, 119-125. Heijer, W. den 2011. Bycatch sampling in the Dutch fishery for razor shells Ensis directus Hauton, C., Atkinson, R.J.A. & Moore, P.G., 2003. The impact of hydraulic blade dredging on a benthic megafaunal community in the Clyde Sea area, Scotland. Journal of Sea Research, 50, 45-56. Visplan Ensisvisserij. 2011-2012. Ensis fishing plan 2011-2012

OVERALL PERFORMANCE INDICATOR SCORE: 60

CONDITION NUMBER (if relevant): 2

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Evaluation Table: PI 2.2.3 Information on the nature and the amount of bycatch is adequate to determine the risk PI 2.2.3 posed by the fishery and the effectiveness of the strategy to manage bycatch Met? SG Issue Justification/Rationale (Y/N) 60 a Y Qualitative information is available on the main bycatch species affected by the fishery. As justification provided in 80a.

b N/A Information is adequate to broadly understand outcome status with respect to biologically based limits Scoring issue not scored because RBF used for PI 2.2.1.

c Y Information is adequate to support measures to manage bycatch. Information is adequate to support the measures outlined under 2.2.2. These measures are principally designed for managing other Principle 2 components and as such the information to support them is not directly related to bycatch (discarded/non-retained). Information includes: annual landings of E. directus, location of closed areas and monitoring of birds and habitats to ensure closed areas and quota level remain appropriate.

80 a Y Qualitative information and some quantitative information are available on the amount of main bycatch species affected by the fishery. Qualitative and some qualitative data is available on the total catch of the E. directus fishery based on bycatch sampling undertaken in 2011 (Heijer, 2011).

b N/A Information is sufficient to estimate outcome status with respect to biologically based limits. Scoring issue not scored because RBF used for PI 2.2.1.

c N Information is adequate to support a partial strategy to manage main bycatch species. Information does not support a partial strategy for managing bycatch species.

d N Sufficient data continue to be collected to detect any increase in risk to main bycatch species (e.g., due to changes in the outcome indicator scores or the operation of the fishery or the effectively of the strategy). Landing statistics do not allow determination of increased risk, since bycatch species are discarded prior to sorting on board and levels are unknown. The 5% bycatch (of retained species) limit does not account for undersized or smaller species cleaned and discarded prior to sorting. The survivability of bycatch species is also unknown.

100 a N Accurate and verifiable information is available on the amount of all bycatch and the consequences for the status of affected populations. The bycatch research (Heijer, 2011) is considered to be accurate representation of total catch by E. directus fishery, however it has a small coverage of 10 samples at

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Information on the nature and the amount of bycatch is adequate to determine the risk PI 2.2.3 posed by the fishery and the effectiveness of the strategy to manage bycatch Met? SG Issue Justification/Rationale (Y/N) one location on one day. These data are not verifiable and not considered sufficient for determining the amount of all bycatch landed by this fleet.

b N Information is sufficient to quantitatively estimate outcome status with respect to biologically based limits with a high degree of certainty. Scoring issue not scored because RBF used for PI 2.2.1.

c N Information is adequate to support a comprehensive strategy to manage bycatch, and evaluate with a high degree of certainty whether a strategy is achieving its objective. Information does not support a comprehensive strategy and does not allow evaluation of the impact on this component to a high degree of certainty.

d N Monitoring of bycatch data is conducted in sufficient detail to assess ongoing mortalities to all bycatch species. The bycatch sampling research was a one-off study and assessment of bycatch mortalities is not undertaken on an ongoing basis.

References Heijer, W. den. 2011. Bycatch sampling in the Dutch fishery for razor shells Ensis directus

OVERALL PERFORMANCE INDICATOR SCORE: 65

CONDITION NUMBER (if relevant): 3

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Evaluation Table: PI 2.3.1 The fishery meets national and international requirements for the protection of ETP species PI 2.3.1 The fishery does not pose a risk of serious or irreversible harm to ETP species and does not hinder recovery of ETP species Met? SG Issue Justification/Rationale (Y/N) 60 a Y Known effects of the fishery are likely to be within limits of national and international requirements for protection of ETP species. As justification provided in 100a.

b Y Known direct effects are unlikely to create unacceptable impacts to ETP species.

As justification provided in 100b.

80 a Y The effects of the fishery are known and are highly likely to be within limits of national and international requirements for protection of ETP species. As justification provided in 100a.

b Y Direct effects are highly unlikely to create unacceptable impacts to ETP species.

As justification provided in 100b.

c Y Indirect effects have been considered and are thought to be unlikely to create unacceptable impacts. As justification provided in 100c.

100 a Y There is a high degree of certainty that the effects of the fishery are within limits of national and international requirements for protection of ETP species. Of key significance to the management of fisheries within the North Sea Dutch waters with respect to ETP species are the EU Habitats (Council Directive 92/43/EEC) and Birds (Council Directive 79/409/EEC) Directives. The Netherlands has nominated five Natura 2000 sites as components of the OSPAR Network of MPAs, together covering approximately 8 400 km² in the North Sea (OSPAR Region II). Three of these sites are situated in the Dutch territorial waters, namely the Noordzeekustzone (Northern Coastal Zone) (ca. 1400 km²), the Voordelta (ca. 900 km²), and the Vlakte van de Raan (226 km²). Birds Noordzeekustzone is designated a SPA (NL9802001) for seven Annex I species (including black-throated diver Gavia arctica, red-throated diver G. stellata, little gull Larus minutus and little tern Sterna albifrons) and 13 species listed as regularly occurring migratory birds (including common eider Somateria mollissima, common scoter Melanitta nigra and greater scaup Aythya marila). Voordelta is designated a SPA (NL9802017) for six Annex I species (including red- throated diver G. stellata, little gull L.minutes and Slavonian grebe Podiceps auritus) and 22 species listed as regularly occurring migratory birds (including common eider S. mollissima, common scoter M. nigra and greater scaup A. marila). Vlakte van de Raan is designated a SPA (BEMNZ0005) for five Annex I species

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(including black-throated diver G. arctica, red-throated diver G. stellata, little gull L.minutes, common tern S. hirundo and sandwich tern S. sandvicensis) and great- crested grebe P. cristatus listed as a regularly occurring migratory bird. Marine mammals and fish Noordzeekustzone is designated a SAC (NL2008004) for the following species listed in Annex II of Habitats Directive: mammals: harbour porpoise Phocoena phocoena harbour (common) seal Phoca vitulina and the grey seal Halichoerus grypus and fish: shad species Alosa alosa / A. fallax, sea lamprey Petromyzon marinus, and river lamprey Lampetra fluviatilis. Voordelta is designated a SAC (NL4000017) for the following species listed in Annex II of Habitats Directive: mammals: harbour porpoise P. phocoena and fish: shad species A. alosa / A. fallax, sea lamprey P. marinus, river lamprey L. fluviatilis and Atlantic salmon Salmo salar. Vlakte van de Raan is designated a SAC (NL2008003) for the following species listed in Annex II of Habitats Directive: mammals: harbour porpoise P. phocoena harbour (common) seal P. vitulina and the grey seal H. grypus and fish: shad species A. alosa / A. fallax, sea lamprey P. marinus, and river lamprey L. fluviatilis. Potential effects of E. directus fishery The potential effects the suction dredge Ensis fishery can have on ETP species is limited to disturbance (due to vessel noise) to marine mammals, fish and birds, and removal of food resource which may otherwise be consumed by birds. In terms of limits for protection of ETP species an Appropriate Assessment is required to be undertaken for any plans or projects being carried out within an SAC and SPA. The plan or project can only be undertaken if it is found not to adversely affect the designated conservation features. These provisions are legally enforceable by the European Court of Justice. The Ensis fishery is considered to be a plan or a project and therefore under the Nature Conservation Act 1998 in accordance with Article 6 paragraph of the Habitats Directive an Appropriate Assessments for the Ensis fishery was undertaken in 2005 and updated in 2009 (Keus, 2009). Bird species that prey on E. directus include common eider S. mollissima, common scoter M. nigra and greater scaup A. marila (Tulp et al, 2010; Batist, 2004; Keus, 2009). Birds that consume Ensis have a preference for the smaller individuals (<12cm in length) since larger Ensis have potential to cause choking, particularly in eiders (Swennen et al, 1989 as cited in Craeymeersch et al, 2001). Fishermen favour larger Ensis (12-14cm) and the fishing license and fishing plan state a minimum landings size of 10cm. Eider ducks feed on Ensis sizes up to 11cm and scooters up to 9cm (Leopold et al., 2008). Competition between the fishery and birds is therefore limited. The Appropriate Assessment undertaken in 2005 concluded that there are no significant impacts in relation to removal of ecological resource for birds based on a maximum catch rate of 8,000 tonnes (Baptist, 2005). Furthermore, the EC-LNV concludes that due to the low impact of the Ensis fishery no negative impact on the food availability for scoters and eiders is expected (Van Jets, 2005). The level at which the Ensis dredge fishery operates is highly unlikely to cause any significant indirect effects to bird populations. The other form of potential impact to ETP species relates to disturbance. A series of closed areas are in place as part of the Natura 2000 network to protect habitats, important bird areas and seal haul out sites. In addition the Ensis Fishing Plan has committed to maintaining a distance of at least 500 m from concentrations of

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foraging or moulting birds. Given the large range of marine bird species and the low surface to which it is disturbed by Ensis vessels, the natural mobility of these species and the establishment of rest areas it is assessed that any disruption does not lead to significant adverse effects on protected birds in Natura 2000 areas. Based on the speed of fishing it is unlikely that any disruption to fish or marine mammals occurs. Some positive effects to foraging fish may occur due to discarded worms and other benthic fauna. Disruption to seals is not expected since fishing does not take place in proximity to tidal flats (maintaining a distance of at least 1 km away) due to the operation depths of the dredging equipment. The effects of the Ensis fishery are assessed to be well within the limits for national and international protection of ETP species and this assessment is made with a high degree of certainty.

b Y There is a high degree of confidence that there are no significant detrimental direct effects of the fishery on ETP species. There are no direct incidental captures of any ETP species within the Ensis dredge fishery. The only direct effect relates to potential disturbance due to vessel noise. The comprehensive management system in place including closed areas and maintaining a distance of at least 500 m from concentrations of birds ensures that such disturbance effects are not significantly detrimental to any ETP species.

c Y There is a high degree of confidence that there are no significant detrimental indirect effects of the fishery on ETP species. The Ensis quota of 8,000 tonnes is principally set to ensure indirect effects to bird populations do not occur. It is assessed with a very high degree of confidence that the Ensis fishery has no significant detrimental effects to any of the ETP species protected within the SPA and SAC designations.

References Baptist, H. 2005. Habitattoets Ensis visserij Kustzee, Ecologisch Adviesbureau, Oktober 2005 Craymeersch, J.A., M.F. Leopold, M.O. van Wijk (2001). Halfgeknotte strandschelp en Amerikaanse zwaardschede: een overzicht van bestaande kennis over visserij, economische betekenis, regelgeving, ecologie van beviste soorten en effecten op het ecosysteem. RIVO Rapport C033/01. Mei 2001. Keus, B.J. 2009. Habitattoets Ensisvisserij Natura 2000 gebieden Voordelta en Noordzeekustzone Natura 2000 Standard Data Form Voordelta NL4000017 http://natura2000.eea.europa.eu/Natura2000/SDF.aspx?site=NL4000017 Natura 2000 Standard Data Form Voordelta NL9802017 http://natura2000.eea.europa.eu/Natura2000/SDF.aspx?site=NL9802017 Natura 2000 Standard Data Form Noordzeekustzone NL9802001 http://natura2000.eea.europa.eu/Natura2000/SDFPublic.aspx?site=NL9802001 Natura 2000 Standard Data Form Noordzeekustzone NL2008004 www.noordzeenatura2000.nl/index.php Natura 2000 Standard Data Form Vlakte van de Raan BEMNZ0005 http://natura2000.eea.europa.eu/Natura2000/SDFPublic.aspx?site=BEMNZ0005 Tulp, I., Craeymeersch, J., Leopold, M., Damme, C., Fey, F. and Verdaat, H., 2010. The role of the invasive bivalve Ensis directus as food source for fish and birds in the Dutch coastal zone. Estuarine, Coastal and Shelf Science Volume 90, Issue 3, 20 December 2010, Pages 116-128.

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Van Jets, 2005. Verkenning effecten van visserij op Ensis en Spisula in VHR-gebieden., Expertise-centrum LNV. Visplan Ensisvisserij. 2011. Ensis fishing plan 2011-2012

OVERALL PERFORMANCE INDICATOR SCORE: 100

CONDITION NUMBER (if relevant):

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Evaluation Table: PI 2.3.2 The fishery has in place precautionary management strategies designed to:  Meet national and international requirements; PI 2.3.2  Ensure the fishery does not pose a risk of serious harm to ETP species;  Ensure the fishery does not hinder recovery of ETP species; and  Minimise mortality of ETP species. Met? SG Issue Justification/Rationale (Y/N) 60 a Y There are measures in place that minimise mortality, and are expected to be highly likely to achieve national and international requirements for the protection of ETP species. As justification provided in 100a.

b Y The measures are considered likely to work, based on plausible argument (e.g., general experience, theory or comparison with similar fisheries/species). As justification provided in 100b.

80 a Y There is a strategy in place for managing the fishery’s impact on ETP species, including measures to minimise mortality, which is designed to be highly likely to achieve national and international requirements for the protection of ETP species. As justification provided in 100a.

b Y There is an objective basis for confidence that the strategy will work, based on information directly about the fishery and/or the species involved. As justification provided in 100b.

c Y There is evidence that the strategy is being implemented successfully. As justification provided in 100c.

100 a Y There is a comprehensive strategy in place for managing the fishery’s impact on ETP species, including measures to minimise mortality that is designed to achieve above national and international requirements for the protection of ETP species. A comprehensive strategy to manage all potential impacts of the Ensis fishery is in place for the Dutch North Sea which ensures that the fishery is well within limits of protection for these ETP species. There are no direct mortalities of ETP species as a result of the Ensis fishery and so measures to minimize mortality are in relation to ensuring adequate food reserves for bird species (namely common eider, scoter and scaup). The comprehensive strategy for managing direct and indirect impacts to ETP species as laid out within the Ensis Fishing Plan includes the following measures:  Maximum quota of 8,000 tonnes (based on Appropriate Assessment which concluded that removal of 8,000 tonnes would not affect bird populations);  Minimum landing size of 10cm (birds prefer smaller Ensis due to choking hazard, while fishermen prefer 12-14cm in length);

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The fishery has in place precautionary management strategies designed to:  Meet national and international requirements; PI 2.3.2  Ensure the fishery does not pose a risk of serious harm to ETP species;  Ensure the fishery does not hinder recovery of ETP species; and  Minimise mortality of ETP species. Met? SG Issue Justification/Rationale (Y/N)  One dredge per vessel with dredge width of 1.25 m;  Maximum allowed effort of 2,400 hours fishing per vessel per year and maximum speed while dredging is 500 meters per hour;  An area within the Voordelta (Bollen van het Nieuwe Zand) of 13.1 km2 is closed from 1 November to 1 May for all activities including Ensis fishery;  Additional closed areas are in place within the Voordelta and Noordzeekustzone specifically for protecting birds and seals;  Fishing is not permitted/must stop at locations with concentrations of foraging or molting birds; vessels must maintain a distance of at least 500 m from groups of birds. A joined management plan has also been developed by the Ensis fisheries and North Sea Foundation. This includes a number of Ecosystem Goals relating to ETP species such as:  Ensure the Ensis fishery has no significant negative or positive effects on populations of shellfish-eating birds;  Ensure that sufficiently large continuous areas of coastal waters are not disturbed by the Ensis fishery;  Ensure the policy reflects the natural dynamics of the coastal ecosystem; and  Prevent disturbance to foraging birds. b Y The strategy is mainly based on information directly about the fishery and/or species involved, and a quantitative analysis supports high confidence that the strategy will work. The strategy is principally based on information directly about the Ensis fishery, the gear and the ETP species for which management measures are in place. Quantitative analysis is based on annual bird counts and annual Ensis stock assessment. The quota is confirmed on an annual basis taking due regard of bird counts and updated Appropriate Assessments. There is a high level of confidence that the strategy is working. Analysis of areas closed for seal protection is reviewed annually to ensure seasonal variations are accounted for. Bird counts ensure variations in quota can be considered if necessary. c Y There is clear evidence that the strategy is being implemented successfully. There is evidence that the strategy is being implemented and enforced successfully. The fishermen interviewed during the site visit were well informed about all measures in place. Enforcement is undertaken by the Ministry of EL&I through at sea vessel patrols and

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The fishery has in place precautionary management strategies designed to:  Meet national and international requirements; PI 2.3.2  Ensure the fishery does not pose a risk of serious harm to ETP species;  Ensure the fishery does not hinder recovery of ETP species; and  Minimise mortality of ETP species. Met? SG Issue Justification/Rationale (Y/N) by AID through factory and landings inspections. Any violations of the fishing plan must be reported to the Secretariat of the Dutch Fishermen's Federation. The annual fishing plan is sent to, Fish Product, AID, Department Fisheries, Agriculture DRZ's North-South DRZ Agriculture, Province of Zeeland, Province Friesland, the North Sea Foundation.

d N There is evidence that the strategy is achieving its objective. Based on the scale of the Ensis fishery it is very difficult to assess that strategies to protect ETP species are achieving their objectives. For example bird populations fluctuate naturally and attributing any change in numbers to the Ensis fishery is near impossible for both positive and negative effects. It is also noted that the population of common scoter has undergone recent drastic changes, which are thought to originate from changes in food availability, specifically a drop in S. subtruncata populations (Coutens, 2011).

References Baptist, H. 2005. Habitattoets Ensis visserij Kustzee, Ecologisch Adviesbureau, Oktober 2005 Beheerplan Ensisvisserij, 2005; naar rustig vaarwater Coutens, W. 2011. Presentation at EnSIS: Ecosystem sensitivity to invasive species Belgian Science Policy Research Programme Science for a Sustainable Development Targeted Actions North Sea EC, 1992. Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora. EC, 1979. Council Directive 79/409/EEC on the conservation of wild birds. Keus, B.J. 2009. Habitattoets Ensisvisserij Natura 2000 gebieden Voordelta en Noordzeekustzone Visplan Ensisvisserij. 2011-2012. Ensis fishing plan 2011-2012

OVERALL PERFORMANCE INDICATOR SCORE: 95

CONDITION NUMBER (if relevant):

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Evaluation Table: PI 2.3.3 Relevant information is collected to support the management of fishery impacts on ETP species including:

PI 2.3.3  Information for the development of the management strategy;  Information to assess the effectiveness of the management strategy; and  Information to determine the outcome status of ETP species. Met? SG Issue Justification/Rationale (Y/N) 60 a Y Information is sufficient to qualitatively estimate the fishery related mortality of ETP species. As justification provided in 100a.

b Y Information is adequate to broadly understand the impact of the fishery on ETP species. As justification provided in 80b.

c Y Information is adequate to support measures to manage the impacts on ETP species. As justification provided in 80c.

80 a Y Sufficient data are available to allow fishery related mortality and the impact of fishing to be quantitatively estimated for ETP species. As justification provided in 100a.

b Y Information is sufficient to determine whether the fishery may be a threat to protection and recovery of the ETP species. Information is sufficient to determine whether the fishery may be a threat to ETP species based on the regular Appropriate Assessments undertaken to ensure the fishery does not impact qualifying species within the Natura 2000 sites (Baptist, 2005; Keus, 2009).

c Y Information is sufficient to measure trends and support a full strategy to manage impacts on ETP species. Information is available to measure trends to support a full strategy based on detailed bird counts and population modelling for birds undertaken on an annual basis combined with annual shellfish stock assessments.

100 a Y Information is sufficient to quantitatively estimate outcome status of ETP species with a high degree of certainty. The status of ETP species within the Dutch North Sea is well understood based on quantitative assessments of outcome status for their populations. Annual bird and seal counts are undertaken and, often synchronized between neighbouring countries. Annual reporting of population counts and status are undertaken and publically available.

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Relevant information is collected to support the management of fishery impacts on ETP species including:

PI 2.3.3  Information for the development of the management strategy;  Information to assess the effectiveness of the management strategy; and  Information to determine the outcome status of ETP species. Met? SG Issue Justification/Rationale (Y/N) b N Accurate and verifiable information is available on the magnitude of all impacts, mortalities and injuries and the consequences for the status of ETP species. The ecological importance of Ensis within the southern North Sea is not fully understood. It is understood that the recent decline in common scoter populations has been due to changes in food availability, specifically reduced S. subtruncata populations. It was hypothesised during site visit consultations that reduced levels of S. subtruncata may be a result of displacement by E.directus. Significant research in this area is underway within Belgian coastal waters to specifically explore the ecosystem role of E. directus. Until further research has been undertaken, or the Belgian research is concluded, it is not possible to say that all indirect impacts relating to E. directus are accurately and verifiably understood from an ETP context.

c N Information is adequate to support a comprehensive strategy to manage impacts, minimise mortality and injury of ETP species, and evaluate with a high degree of certainty whether a strategy is achieving its objectives. As per 2.3.2 justification 100c, there is not clear evidence to allow the evaluation of whether the strategies in place for managing the Ensis fishery are achieving the required objectives for ETP species as set out within the Natura 2000 management plans. It is highly likely that they are, however this cannot be determined with a high degree of confidence and therefore this issue is not met.

Baptist, H. 2005. Habitattoets Ensis visserij Kustzee, Ecologisch Adviesbureau, Oktober 2005 Craymeersch, J.A., M.F. Leopold, M.O. van Wijk (2001). Halfgeknotte strandschelp en Amerikaanse zwaardschede: een overzicht van bestaande kennis over visserij, economische betekenis, regelgeving, ecologie van beviste soorten en effecten op het ecosysteem. RIVO Rapport C033/01. Mei 2001. Keus, B.J. 2009. Habitattoets Ensisvisserij Natura 2000 gebieden Voordelta en Noordzeekustzone Natura 2000 Standard Data Form Voordelta NL4000017 References http://natura2000.eea.europa.eu/Natura2000/SDF.aspx?site=NL4000017 Natura 2000 Standard Data Form Voordelta NL9802017 http://natura2000.eea.europa.eu/Natura2000/SDF.aspx?site=NL9802017 Natura 2000 Standard Data Form Noordzeekustzone NL9802001 http://natura2000.eea.europa.eu/Natura2000/SDFPublic.aspx?site=NL9802001 Natura 2000 Standard Data Form Noordzeekustzone NL2008004 www.noordzeenatura2000.nl/index.php Natura 2000 Standard Data Form Vlakte van de Raan BEMNZ0005 http://natura2000.eea.europa.eu/Natura2000/SDFPublic.aspx?site=BEMNZ0005

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Relevant information is collected to support the management of fishery impacts on ETP species including:

PI 2.3.3  Information for the development of the management strategy;  Information to assess the effectiveness of the management strategy; and  Information to determine the outcome status of ETP species. Met? SG Issue Justification/Rationale (Y/N) Tulp, I., Craeymeersch, J., Leopold, M., Damme, C., Fey, F. and Verdaat, H. 2010. The role of the invasive bivalve Ensis directus as food source for fish and birds in the Dutch coastal zone. Estuarine, Coastal and Shelf Science Volume 90, Issue 3, 20 December 2010, Pages 116-128. Van Jets, 2005. Verkenning effecten van visserij op Ensis en Spisula in VHR- gebieden., Expertise-centrum LNV. Visplan Ensisvisserij. 2011. Ensis fishing plan 2011-2012

OVERALL PERFORMANCE INDICATOR SCORE: 85

CONDITION NUMBER (if relevant):

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Evaluation Table: PI 2.4.1 The fishery does not cause serious or irreversible harm to habitat structure, considered on PI 2.4.1 a regional or bioregional basis and function Met? SG Issue (Y/P/ Justification/Rationale N) 60 a Y The fishery is unlikely to reduce habitat structure and function to a point where there would be serious or irreversible harm. As justification provided in 80a.

80 a Y The fishery is highly unlikely to reduce habitat structure and function to a point where there would be serious or irreversible harm. Three Special Areas of Conservation (SAC) are designated in Dutch coastal waters: Noordzeekustzone (NL2008004), Vlakte van de Raan (NL2008003) and Voordelta (NL4000017). All three SACs are designated for the presence of sand banks which are slightly covered by sea water all the time (Habitat Type 1110); in addition the Voordelta is also designated for the following habitats: Mudflats and sandflats not covered by seawater at low tide (1140); Salicornia and other annuals colonising mud and sand (1310); Spartina swards (Spartinion maritimae) (1320); and Atlantic salt meadows (Glauco-Puccinellietalia maritimae) (1330). Of the above habitats, sublittoral sandbanks and intertidal mudflats and sandflats have the highest potential to be affected by suction dredging (Sewell and Hiscock, 2005). Suction dredging uses water jets to penetrate and fluidise sediments down to depths of 30cm. The Ensis fishery operates in areas of sandy sediments which are highly wave exposed with mobile sediments. Habitat impacts of suction dredging is well understood and well researched (Bell and Walker, 2005; Ens et al. 2004; Hall et al. 1990; Hall and Harding, 1997; Hauton et al, 2003; Hauton et al., 2003; Kaiser et al, 2006; Keus, 2009; Morello et al., 2005; Roston, 1995; Tuck et al. 2000). The Ensis fishery uses a dredge of 1.25m width and dredges at a maximum speed of 500 meters per hour. Suction dredging typically creates a track along the area dredged, in the form of a furrow or depression in the seabed, fringed by a build up of sediment on each side. A silt cloud can be created by the dredge, especially for finer sediments, which settles in the surrounding area and has been recorded to reach 21 m away (Meyer et al, 1981, Hauton et al, 2003). Another study found that sediment plumes may settle to form layers 75 mm thick, with the potential for smothering the surrounding seabed. Comparison between dredged and undredged areas have shown recovery times varying from 14-56 days (Hall and Harding, 1997). While Meyer et al (1981) showed little discerning difference between dredged and surrounding area after 24 hours, in mobile sand habitats. Kaiser et al (2006) explored intertidal dredging habitat recovery rates and found sandy habitats time to -20% recovery to vary from 71-127 days and time to -10% recovery 109-193 days. Recovery rates for sandy muddy habitats were significantly higher at up to 2142 days to -20% recovery. For muddy habitats they found no data on recovery rates, but little evidence for any initial drop due to the impact (Kaiser et al, 2006). While not scoring this component using the RBF framework it is interesting to note the MSC criteria for scoring SG80 under SICA as “detectable impact on distribution

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The fishery does not cause serious or irreversible harm to habitat structure, considered on PI 2.4.1 a regional or bioregional basis and function Met? SG Issue (Y/P/ Justification/Rationale N) of habitat types. Time to recover from local impact on the scale of days to weeks, at larger spatial scales recovery time up to one year”. There are 8 permits available within the Dutch Ensis fishery, of which 4 are currently active. The 8,000 tonne quota limits the score of operation to approximately 160 ha (based on 5 kg Ensis per m2). The 8,000 tonnes is set as part of the Appropriate Assessments undertaken for the coastal SACs in Dutch waters. If the entire Ensis fishery occurred within the Voordelta (92,276 ha) or the Noordzeekustzone (123,134 ha) SACs, then 0.17 and 0.13% respectively would be impacted, equating to 0.19% and 0.68% respectively for the designated habitat type H1110. The Appropriate Assessment undertaken by Keus (2009) assesses the potential impact to habitat qualifying features in the Voordelta and Noordzeekustzone. Given the small proportion of habitat type H1110 that could be effected based on the coverage of the 4 Ensis vessels (160 ha), together with the dynamic character and resilience of the sediment, the Appropriate Assessment concludes that the fishery is not impacting the conservation objective for the protection of these habitats. The Ensis fishery operates in highly mobile, wave exposed sandy sediments and base on recovery rates and area of operation is considered highly unlikely to reduce habitat structure or function to a point where there would be serious or irreversible harm.

100 a N There is evidence that the fishery is highly unlikely to reduce habitat structure and function to a point where there would be serious or irreversible harm. While numerous studies have been completed on the impact of suction dredging on benthic communities including Dutch mechanical harvesting of cockles in the Waddenzee and Oostershelde (Ens et al, 2004), no targeted research has been undertaken specifically to assess the impact of the Ensis fishery and in particular to study the localized impacts, which was raised as concern during the site visit by the North Sea Foundation. For this reason the SG100 is not met. Addison, J., Palmer, D., Lart, W., Misson, T. & Swarbick, J., 2006. Development of a suitable dredge for exploitation of razorfish (Ensis directus) in The Wash. Cefas Contract No. C2323. Bell, C.M. & Walker, P., 2005. Desk study to assess the impact of cockle suction dredging on The Wash and North Norfolk Coast European Marine Sites. English Nature Research Reports, No 670 References Ens, B.J., A.C. Smaal & J. de Vlas, 2004. The effects of shellfish fishery on the ecosystems of the Dutch Waddenzee and Oosterschelde; Final report on the second phase of the scientific evaluation of the Dutch shellfish fishery policy (EVA II). Wageningen, Alterra, Alterra-rapport 1011, RIVO-rapport C056/04, RIKZ-rapport RKZ/2004.031, 212 blz. 100 figs.; 10 tables.; 242 refs. Fisheries Research Services, 1998. A Study of the effects of water jet dredging for razor clams and a stock survey of the target species in some Western Isles populations. Marine Laboratory Aberdeen Report No. 8/98.

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The fishery does not cause serious or irreversible harm to habitat structure, considered on PI 2.4.1 a regional or bioregional basis and function Met? SG Issue (Y/P/ Justification/Rationale N) Hall, S.J., Basford, D.J. & Roberts, M.R., 1990. The impact of hydraulic dredging for razor clams Ensis sp. on an infaunal community. Netherlands Journal of Sea Research, 27, 119-125. Hall, S.J. & Harding, M.J.C., 1997. Physical disturbance and marine benthic communities: the effects of mechanical harvesting of cockles on non-target benthic infauna. Journal of Applied Ecology, 34, 497- 517. Heijer, W. D. 2011. Bycatch sampling in the Dutch fishery for razor shells Ensis directus Hauton, C., Atkinson, R.J.A. & Moore, P.G., 2003. The impact of hydraulic blade dredging on a benthic megafaunal community in the Clyde Sea area, Scotland. Journal of Sea Research, 50, 45-56. Hauton, C., Hall-Spencer, J.M. & Moore, P.G., 2003. An experimental study of the ecological impacts of hydraulic bivalve dredging on maerl, ICES Journal of Marine Science, 60. 381-392. Kaiser, M.J., K. R. Clarke, H. Hinz, M. C. V. Austen, P. J. Somerfield, I. Karakassis. 2006. Global analysis of response and recovery of benthic biota to fishing Marine Ecology Progress Series 311:1–14 Keus, B.J. 2009. Habitattoets Ensisvisserij Natura 2000 gebieden Voordelta en Noordzeekustzone Meyer, T.L., Cooper, R.A. & Pecci, K.J., 1981. The performance and environmental effects of a hydraulic clam dredge. Marine Fisheries Review, 43, 14-22. Morello, E.B., Froglia, C., Atkinson, R.J.A. & Moore, P.G., 2005. Impacts of hydraulic dredging on a macrobenthic community of the Adriatic Sea, Italy. Canadian Journal of Fisheries and Aquatic Sciences, 62, 2076–2087. Robinson, R.F. & Richardson, C.A., 1998. The direct and indirect effects of suction dredging on a razor clam (Ensis arcuatus) population. ICES Journal of Marine Science, 55, 970-977 Rostron, D.M., 1995. The effects of mechanised cockle harvesting on the invertebrate fauna of Llanrhidian sands. Burry Inlet & Loughor Estuary Symposium, March 1995. Part 2. 111-117 Sewell, J. & Hiscock, K., 2005. Effects of fishing within UK European Marine Sites: guidance for nature conservation agencies. Report to the Countryside Council for Wales, English Nature and Scottish Natural Heritage from the Marine Biological Association. Tuck, I.D., Bailey, N., Harding, M., Sangster, G., Howell, T., Graham, N. & Breen, M., 2000. The impact of water jet dredging for razor clams, Ensis spp., in a shallow sandy subtidal environment. Journal of Sea Research, 43, 65-81 Visplan Ensisvisserij. 2011-2012. Ensis fishing plan 2011-2012

OVERALL PERFORMANCE INDICATOR SCORE: 80

CONDITION NUMBER (if relevant):

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Evaluation Table: PI 2.4.2 There is a strategy in place that is designed to ensure the fishery does not pose a risk of PI 2.4.2 serious or irreversible harm to habitat types Met? SG Issue Justification/Rationale (Y/N) 60 a Y There are measures in place, if necessary, that are expected to achieve the Habitat Outcome 80 level of performance. As justification provided in 80a.

b Y The measures are considered likely to work, based on plausible argument (e.g. general experience, theory or comparison with similar fisheries/habitats). As justification provided in 80b.

80 a Y There is a partial strategy in place, if necessary, that is expected to achieve the Habitat Outcome 80 level of performance or above. The Ensis fishing plan (Visplan Ensisvisserij 2011-2012) includes a set of measures designed to avoid and reduce potential habitat impacts. These measures are considered to form a regional based partial-strategy and have been regularly reviewed through Appropriate Assessments to ensure they remain consistent with the conservation objectives of the Natura 2000 sites designated under the Habitats Directive (as described for 2.4.1). The measures within the Ensis fishing plan that together form a habitat partial- strategy are as follows:  One dredge per vessel with dredge width of 1.25 m  Maximum allowed effort of 2,400 hours fishing per vessel per year  Maximum speed while dredging is 500 meters per hour  An area within the Voordelta (Bollen van het Nieuwe Zand) of 13.1 km2 is closed from 1 November to 1 May for all activities including Ensis fishery. The aim of this conservation measure is to compensate for the loss of natural habitat due to the construction of the Second Maasvlakte  Additional closed areas are in place within the Voordelta and Noordzeekustzone specifically for protecting birds and seals, and therefore indirectly contributing to habitat management. b Y There is some objective basis for confidence that the partial strategy will work, based on information directly about the fishery and/or habitats involved. There is an objective basis for confidence that closed areas will work to protect the areas they encompass. A dredge width limited to 1.25 m has been shown to reduce recovery time of habitats compared to wider dredges (Craeymeersch, 2001) c Y There is some evidence that the partial strategy is being implemented successfully.

There is evidence that the strategy is being implemented and enforced successfully. The fishermen interviewed during the site visit were well informed about all measures in place. Enforcement is undertaken by Directie Regionale Zaken Noord (DRZ Noord) through at sea vessel patrols and AID through factory and landings inspections.

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There is a strategy in place that is designed to ensure the fishery does not pose a risk of PI 2.4.2 serious or irreversible harm to habitat types Met? SG Issue Justification/Rationale (Y/N)

100 a N There is a strategy in place for managing the impact of the fishery on habitat types.

During site visit consultation with the North Sea Foundation and through a written response provided by WWF concern was raised over the localized habitat impacts. It is considered that habitat impacts at a Natura 2000 level are well managed; however localized habitat interactions across all areas targeted by the Ensis fleet are not comprehensively understood. Also of concern is the latent effort posed by the 4 permits not in use, but theoretically available to the fishery. The Ensis Management Plan agreed with the North Sea Foundation in 2005 is based on 4 permits and has not been updated since the additional 4 permits were issued. Provision within the management plan should be made in the case where additional permits become active and this should be agreed with the North Sea Foundation. Mapping of the Ensis fishery across habitat types was not available to inform this assessment, making judgment of habitat management to SG100 difficult.

b N Testing supports high confidence that the strategy will work, based on information directly about the fishery and/or habitats involved. As justification provided in 100a.

c N There is clear evidence that that strategy is being implemented successfully.

As justification provided in 100a.

d N There is some evidence that the strategy is achieving its objective. As justification provided in 100a.

Ensis fishing plan (Visplan Ensisvisserij 2011) Craeymeersch, J.A.; van Stralen, M.R.; Wijsman, J.W.M.; Kesteloo, J.; Perdon, K.J.; References De Mesel, I.G. (2007). Ontwikkeling van een monstertuig voor bestandsopnames van mesheften. Wageningen IMARES Rapport, C084/07. Wageningen UR. IMARES: The Netherlands. 41 pp., OVERALL PERFORMANCE INDICATOR SCORE: 80

CONDITION NUMBER (if relevant):

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Evaluation Table: PI 2.4.3 Information is adequate to determine the risk posed to habitat types by the fishery and PI 2.4.3 the effectiveness of the strategy to manage impacts on habitat types Met? SG Issue Justification/Rationale (Y/N) 60 a Y There is basic understanding of the types and distribution of main habitats in the area of the fishery. As justification provided in 80a.

b Y Information is adequate to broadly understand the nature of the main impacts of gear use on the main habitats, including spatial overlap of habitat with fishing gear. There is significant research available to understand the impacts of suction dredging fisheries on habitat structure and communities in the North Sea and elsewhere (Bell and Walker, 2005; Ens et al. 2004; Hall et al. 1990; Hall and Harding, 1997; Hauton et al, 2003; Hauton et al., 2003; Kaiser et al, 2006; Keus, 2009; Morello et al., 2005; Roston, 1995; Tuck et al. 2000). The general areas of operation by the Ensis fishery are understood, based on consultation, vessel tracking data and VMS (although VMS data has not been provided as part of the assessment).

80 a Y The nature, distribution and vulnerability of all main habitat types in the fishery are known at a level of detail relevant to the scale and intensity of the fishery. Extensive research has been carried out to map the distribution of habitats, including vulnerable habitats (as designated under SACs), within the Dutch North Sea coastal areas allowing changes over time compared to control areas to be monitored. Monitoring of closed areas is also undertaken on a regular basis.

b N Sufficient data are available to allow the nature of the impacts of the fishery on habitat types to be identified and there is reliable information on the spatial extent of interaction, and the timing and location of use of the fishing gear. Reliable information on the spatial extent of interaction or timing and location of use of the fishing gear has not been made available to the assessment team. It has not been possible to determine with confidence the overlap of the fishery across habitat types in the coastal areas of the Dutch North Sea. This has triggered a condition.

c Y Sufficient data continue to be collected to detect any increase in risk to habitat (e.g. due to changes in the outcome indicator scores or the operation of the fishery or the effectiveness of the measures). The E. directus stock assessments, together with landing declarations and number of active permit allow any increase in risk posed by the Ensis fishery to be detected.

100 a N The distribution of habitat types is known over their range, with particular attention to the occurrence of vulnerable habitat types. This SG is likely to be met due to the extensive habitat mapping and monitoring undertaken in the Dutch North Sea. However, since 80b is not met, the 100 SGs cannot be awarded.

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b N The physical impacts of the gear on the habitat types have been quantified fully.

As justification provided in 80b.

c N Changes in habitat distributions over time are measured. As justification provided in 100a.

Addison, J., Palmer, D., Lart, W., Misson, T. & Swarbick, J., 2006. Development of a suitable dredge for exploitation of razorfish (Ensis directus) in The Wash. Cefas Contract No. C2323. Bell, C.M. & Walker, P., 2005. Desk study to assess the impact of cockle suction dredging on The Wash and North Norfolk Coast European Marine Sites. English Nature Research Reports, No 670 Fisheries Research Services, 1998. A Study of the effects of water jet dredging for razor clams and a stock survey of the target species in some Western Isles populations. Marine Laboratory Aberdeen Report No. 8/98. Hall, S.J., Basford, D.J. & Roberts, M.R., 1990. The impact of hydraulic dredging for razor clams Ensis sp. on an infaunal community. Netherlands Journal of Sea Research, 27, 119-125. Hall, S.J. & Harding, M.J.C., 1997. Physical disturbance and marine benthic communities: the effects of mechanical harvesting of cockles on non-target benthic infauna. Journal of Applied Ecology, 34, 497- 517. Heijer, W. D. 2011. Bycatch sampling in the Dutch fishery for razor shells Ensis directus Hauton, C., Atkinson, R.J.A. & Moore, P.G., 2003. The impact of hydraulic blade dredging on a benthic megafaunal community in the Clyde Sea area, Scotland. Journal of Sea Research, 50, 45-56. Hauton, C., Hall-Spencer, J.M. & Moore, P.G., 2003. An experimental study of the References ecological impacts of hydraulic bivalve dredging on maerl, ICES Journal of Marine Science, 60. 381-392. Kaiser, M.J., K. R. Clarke, H. Hinz, M. C. V. Austen, P. J. Somerfield, I. Karakassis. 2006. Global analysis of response and recovery of benthic biota to fishing Marine Ecology Progress Series 311:1–14 Keus, B.J. 2009. Habitattoets Ensisvisserij Natura 2000 gebieden Voordelta en Noordzeekustzone Meyer, T.L., Cooper, R.A. & Pecci, K.J., 1981. The performance and environmental effects of a hydraulic clam dredge. Marine Fisheries Review, 43, 14-22. Morello, E.B., Froglia, C., Atkinson, R.J.A. & Moore, P.G., 2005. Impacts of hydraulic dredging on a macrobenthic community of the Adriatic Sea, Italy. Canadian Journal of Fisheries and Aquatic Sciences, 62, 2076–2087. Robinson, R.F. & Richardson, C.A., 1998. The direct and indirect effects of suction dredging on a razor clam (Ensis arcuatus) population. ICES Journal of Marine Science, 55, 970-977 Rostron, D.M., 1995. The effects of mechanised cockle harvesting on the invertebrate fauna of Llanrhidian sands. Burry Inlet & Loughor Estuary Symposium, March 1995. Part 2. 111-117

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Tuck, I.D., Bailey, N., Harding, M., Sangster, G., Howell, T., Graham, N. & Breen, M., 2000. The impact of water jet dredging for razor clams, Ensis spp., in a shallow sandy subtidal environment. Journal of Sea Research, 43, 65-81 Visplan Ensisvisserij. 2011-2012. Ensis fishing plan 2011-2012

OVERALL PERFORMANCE INDICATOR SCORE: 75

CONDITION NUMBER (if relevant): 4

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Evaluation Table: PI 2.5.1 The fishery does not cause serious or irreversible harm to the key elements of ecosystem PI 2.5.1 structure and function Met? SG Issue (Y/P/ Justification/Rationale N) 60 a Y The fishery is unlikely to disrupt the key elements underlying ecosystem structure and function to a point where there would be a serious or irreversible harm.

As justification provided in 80a.

80 a Y The fishery is highly unlikely to disrupt the key elements underlying ecosystem structure and function to a point where there would be a serious or irreversible harm. E. directus is an invasive species likely to have been introduced to European waters through ballast water with free swimming larvae spreading with currents throughout southern North Sea. The first record of E. directus along the European mainland coast was in the German Bight in 1978. It has spread rapidly in the southern North Sea countries: around the North Sea coast of Denmark and The Netherlands by 1982, to Belgium by 1984 and France by 1986. It reached the English Channel by the end of the 1980s. It is also observed in Sweden in 1982 and Norway in 1989. The European distribution of E. directus is shown in Figure 1 and a biomass map of E. directus in the Dutch North Sea is shown in Figure 2.

Figure 1: Distribution of E. americanus (Ovcharenko et al., 2007)

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The fishery does not cause serious or irreversible harm to the key elements of ecosystem PI 2.5.1 structure and function Met? SG Issue (Y/P/ Justification/Rationale N) Figure 2: Total density (N-total) and biomass (B-total) of Ensis species in Dutch North Sea (Goudswaard et al., 2010) Naylor (2006) states that E. directus competes with other sand-living bivalves (filter feeders) and if its population in an area becomes very large, it can affect the overall structure of the benthic community. Due to the burrowing nature of this species, in areas with dense populations, it can influence the character of the sediments and hence the habitats of other species. On the Dutch coast, E.directus has become one of the dominant species (Naylor, 2006). The mean density of E. directus in the Dutch coastal zone increased from around 2– 5 individuals m2 in the late ‘90’s to around 12–19 individuals m2 from 2002 onwards. Diet studies (Tulp et al 2010) show that E. directus makes up a significant proportion in the current diet of plaice, sole, dab, flounder and dragonet and in the diet of eider and common scoter. In recent years E. directus contributed 20–100% of the total wet weight in fish stomachs. A frequency of occurrence in stomach contents of 85–90% in eider and 26% in common scoter was also found. Tulp et al (2010) conclude that E. directus is possibly an important food item for fish and seabirds when they occur in high densities and in the right size classes. Since the availability depends greatly on massive die-offs, shell size, burying depth and water depth, it is probably not a very reliable food source. Judging from the role E. directus currently plays for the higher trophic levels, the study concludes that its introduction must have caused a major change in the food relations in its distribution area. The Belgian Science Policy are currently studying the impact of E. directus on the spatial distribution of wintering seaducks (Melanitta nigra) in the Belgian North Sea, as well as evaluating the potential impact of E. directus on the indigenous macrobenthic fauna by comparing existing macrobenthic data obtained prior to and after its introduction in 1987. Preliminary results for this study show that in relation to macrobenthos, E. directus may have replaced local species in coastal waters, but cannot be held responsible for their rarefaction further offshore. No significant effect of E. directus on macrobenthic fauna has been evidenced by the study so far, perhaps due to alterations caused by various anthropogenic pressures since time of E. directus introduction (van Lancker et al, 2011). The scale of the Dutch fishery is small, with 8,000 tonnes equating to 0.9% of biomass by number of individuals and 4% of biomass by weight. These proportions will be significantly smaller when considering the extent of the entire distribution and biomass of E. directus throughout the North Sea, noting that it is not currently targeted by German or Belgian fisheries. Furthermore it is important to note that species preying on E. directus target smaller individuals for ease of consumption and are therefore not in competition with the fishery that target 12-14cm Ensis (with minimum landings size of 10cm). Based on the above information, together with the scale of the Dutch fishery, it is assessed that the fishery is highly unlikely to impact or influence in any way the current ecological role of E. directus.

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The fishery does not cause serious or irreversible harm to the key elements of ecosystem PI 2.5.1 structure and function Met? SG Issue (Y/P/ Justification/Rationale N) 100 a N There is evidence that the fishery is highly unlikely to disrupt the key elements underlying ecosystem structure and function to a point where there would be a serious or irreversible harm. While the ecological role of E. directus in the southern North Sea is generally understood, it has not been specifically researched and the full extents of ecological interactions are not comprehensively understood. The fishery is highly unlikely to disrupt the key elements underlying ecosystem structure and function; however there is not clear evidence to demonstrate this to the level of SG100.

References Goudswaard, P.C., K.J. Perdon, J.J. Kesteloo, J. Jol, C. Van Zweeden, E. Hartog, J.M.J Jansen & K. Troost. 2010. Schelpdieren in de Nederlandse kustwateren, een kwantitatieve en kwalitatieve bestandsopname in 2010 Van Lanker, V., D. Huyghebaert, M. Rozemeijer, S. Van Gaever, W. Versluys, J. Craeymeersch, W. Courtens, E. Stienen, B. Merckx, G. Van Hoey, F. Kerckhof, S. Degraer, J.-S. Houziaux. 2011. Preceedings from workshop on EnSIS: Ecosystem sensitivity to invasive species. Belgian Science Policy Research Programme “Science for a Sustainable Development Naylor, M. 2006. Factsheet on Ensis directus Ovcharenko,I., Olenin, S. and Gollasch, S. 2007. Delivering alien invasive species inventories for Europe: Ensis americanus. Tulp, I., Craeymeersch, J., Leopold, M., Damme, C., Fey, F. and Verdaat, H., 2010. The role of the invasive bivalve Ensis directus as food source for fish and birds in the Dutch coastal zone. Estuarine, Coastal and Shelf Science Volume 90, Issue 3, 20 December 2010, Pages 116-128.

OVERALL PERFORMANCE INDICATOR SCORE: 80

CONDITION NUMBER (if relevant):

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Evaluation Table: PI 2.5.2 There are measures in place to ensure the fishery does not pose a risk of serious or PI 2.5.2 irreversible harm to ecosystem structure and function Met? SG Issue Justification/Rationale (Y/N) 60 a Y There are measures in place, if necessary.

As justification provided in 80a.

b Y The measures take into account potential impacts of the fishery on key elements of the ecosystem. As justification provided in 80b.

c Y The measures are considered likely to work, based on plausible argument (e.g., general experience, theory or comparison with similar fisheries/ecosystems). As justification provided in 80c.

80 a Y There is a partial strategy in place, if necessary. As part of MSC Policy Advisory 21: Scope for introduced species based fisheries Section 4 iv-viii it is necessary to consider the need for additional scoring issues to be included under 2.5.2 and 2.5.3 should it be necessary to evaluate measures in the fishery to prevent progression of further ecosystem impacts from occurring due to the presence of the introduced species. Due to the scale of the Dutch fishery and based on the evidence provided in 2.5.1 it is considered highly unlikely that the fishery will impact or influence in any way the current ecological role of E. directus. Recent research titled “Ecosystem sensitivity to invasive species” undertaken by the Royal Belgian Institute of Natural Sciences investigated the ecological impact of E. directus in the Belgian part of the North Sea. The area investigated is adjacent to the Dutch fishery and therefore results are directly applicable to this assessment. The research found that (Houziaux et al., 2011): “The historical (1900) records of the Royal Belgian Institute of Natural Sciences (Dept. of Invertebrates,) showed that local species of Ensis (E. arcuatus, E. ensis and E. minor) used to occur predominantly off the western coast, further offshore than E. directus in the present-day. The alien perhaps replaced the local species in coastal waters but cannot be held responsible for their rarefaction further offshore. In the data-sets resulting from the surveys of summer 2008 and winter 2010, no clear pattern could be detected in multivariate ordinations, except perhaps a slight trend in epibenthic invertebrates which could result from the provision of numerous empty shells at the surface of the sediment.” The research concludes that no effect of the invader (E. directus) on local marine fauna can be evidenced thus far (Houziaux et al., 2011). Furthermore the research goes on show that E. directus (size group 6-9cm) represent an important food item for the common scooter Melanitta nigra. It is noted that this size group is not targeted by the fishery based on minimum landing size.

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There are measures in place to ensure the fishery does not pose a risk of serious or PI 2.5.2 irreversible harm to ecosystem structure and function Met? SG Issue Justification/Rationale (Y/N) Based on the Belgian research it is determined that the presence of E. directus does not have an untoward impact on the ecosystem. It is determined that the species is not having an impact on the ecosystem and therefore an additional scoring issue to the Ecosystem PIs 2.5.2 or 2.5.3 is not required. The Ensis fishing plan (Visplan Ensisvisserij 2011-2012) includes a set of measures designed to avoid and reduce potential ecological impacts of the fishery. These measures are considered to form a regional based partial-strategy and have been regularly reviewed through Appropriate Assessments to ensure they remain consistent with the conservation objectives of the Natura 2000 sites designated under the Habitats and Birds Directives. The measures within the Ensis fishing plan that together form an ecosystem partial-strategy are as follows (Visplan Ensisvisserij 2011-2012):  Maximum quota of 8,000 tonnes;  Minimum landing size of 10cm;  Limit of less than 5% bycatch (of retained species) is permitted and in instances where bycatch (of retained species) exceeds 5% vessels shall seek alternative fishing grounds;  One dredge per vessel with dredge width of 1.25 m;  Maximum allowed effort of 2,400 hours fishing per vessel per year;  Maximum speed while dredging is 500 meters per hour;  An area within the Voordelta (Bollen van het Nieuwe Zand) of 13.1 km2 is closed from 1 November to 1 May for all activities including Ensis fishery. The aim of this conservation measure is to compensate for the loss of natural habitat due to the construction of the Second Maasvlakte;  Additional closed areas are in place within the Voordelta and Noordzeekustzone specifically for protecting birds and seals, and therefore indirectly contributing to habitat management; and  Fishing is not permitted/must stop at locations with concentrations of foraging or molting birds; vessels must maintain a distance of at least 500 m from groups of birds. A joined management plan has also been developed by the Ensis fisheries and North Sea Foundation. This includes a number of Ecosystem Goals relating to ETP species such as (Beheerplan Ensisvisserij, 2005):  Ensure ecologically sustainable use of coastal and marine resources;  Ensure the Ensis fishery has no significant negative or positive effects on populations of shellfish-eating birds;  Ensure that sufficiently large continuous areas of coastal waters are not disturbed by the Ensis fishery;  Ensure the policy reflects the natural dynamics of the coastal ecosystem; and

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There are measures in place to ensure the fishery does not pose a risk of serious or PI 2.5.2 irreversible harm to ecosystem structure and function Met? SG Issue Justification/Rationale (Y/N)  Prevent disturbance to foraging birds.

b Y The partial strategy takes into account available information and is expected to restrain impacts of the fishery on the ecosystem so as to achieve the Ecosystem Outcome 80 level of performance. The partial strategy takes account of the available habitat, bird and bycatch information including Natura 2000 designations ad ecological requirements of protected species including common scoter, greater scaup and common eider. The quota is the most limiting aspect of the fishery in terms of spatial coverage with total area of 160 ha (based on 5kg Ensis per m2). The partial strategy is expected to restrain potential impact of the fishery and justifies a SG80 score for 2.5.1.

c Y The partial strategy is considered likely to work, based on plausible argument (e.g., general experience, theory or comparison with similar fisheries/ecosystems). The partial strategy is considered likely to work based on the available evidence including closed areas, operation restrictions in vicinity of birds, dredge width and retained species restrictions. Appropriate Assessments are undertaken on a regular basis to ensure the fishery continues to pose no risk to qualifying features of Natura 2000 designations (Baptist, 2005; Keus, 2009).

d Y There is some evidence that the measures comprising the partial strategy are being implemented successfully. There is evidence that the strategy is being implemented and enforced successfully. The fishermen interviewed during the site visit were well informed about all measures in place. Enforcement is undertaken by the Ministry of EL&I through at sea vessel patrols and by the AID through factory and landings inspections.

100 a N There is a strategy that consists of a plan, in place. It is recognized that the measures within the Ensis Fishing Plan constitute a partial strategy for the management of potential ecosystem impacts of the fishery. However, these are not considered to formulate a full strategy on the basis that the ecological role of E. directus as an invasive species has not fully been taken into consideration. It is also noted that the Beheerplan Ensisvisserij has not been updated since 2005 and does not include consideration of the additional 3 licenses granted since then, albeit they are not currently in use.

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There are measures in place to ensure the fishery does not pose a risk of serious or PI 2.5.2 irreversible harm to ecosystem structure and function Met? SG Issue Justification/Rationale (Y/N) b N The strategy, which consists of a plan, contains measures to address all main impacts of the fishery on the ecosystem, and at least some of these measures are in place. The plan and measures are based on well-understood functional relationships between the fishery and the Components and elements of the ecosystem.

This plan provides for development of a full strategy that restrains impacts on the ecosystem to ensure the fishery does not cause serious or irreversible harm. As justification provided in 100a.

c N The measures are considered likely to work based on prior experience, plausible argument or information directly from the fishery/ecosystems involved. As justification provided in 100a.

d N There is evidence that the measures are being implemented successfully. As justification provided in 100a.

Baptist, H. 2005. Habitattoets Ensis visserij Kustzee, Ecologisch Adviesbureau, Oktober 2005 Beheerplan Ensisvisserij, 2005-2008; naar rustig vaarwater Keus, B.J. 2009. Habitattoets Ensisvisserij Natura 2000 gebieden Voordelta en Noordzeekustzone Visplan Ensisvisserij 2011-2012. Ensis fishing plan 2011-2012 References Houziaux, J.-S., D. Huyghebaert, M. Rozemeijer, S. Van Gaever, W. Versluys, J. Craeymeersch, W. Courtens, E. Stienen, B. Merckx, G. Van Hoey, F. Kerckhof, S. Degraer, V. Van Lancker. 2011. EnSIS: Ecosystem sensitivity to invasive species” Belgian Science Policy Research Programme “Science for a Sustainable Development – SSD” Targeted Actions North Sea. Final project workshop. Friday 16 September 2011.

OVERALL PERFORMANCE INDICATOR SCORE: 80

CONDITION NUMBER (if relevant):

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Evaluation Table: PI 2.5.3

PI 2.5.3 There is adequate knowledge of the impacts of the fishery on the ecosystem

Met? SG Issue Justification/Rationale (Y/N) 60 a Y Information is adequate to identify the key elements of the ecosystem (e.g., trophic structure and function, community composition, productivity pattern and biodiversity). As justification provided in 80a.

b Y Main impacts of the fishery on these key ecosystem elements can be inferred from existing information, and have not been investigated in detail. As justification provided in 80b.

80 a Y Information is adequate to broadly understand the key elements of the ecosystem.

As part of MSC Policy Advisory 21: Scope for introduced species based fisheries Section 4 iv-viii it is necessary to consider the need for additional scoring issues to be included under 2.5.2 and 2.5.3 should it be necessary to evaluate measures in the fishery to prevent progression of further ecosystem impacts from occurring due to the presence of the introduced species. Due its scale the Dutch fishery and based on the evidence provided in 2.5.1 is considered highly unlikely that the fishery will impact or influence in any way the current ecological role of E. directus. Recent research titled “Ecosystem sensitivity to invasive species” undertaken by the Royal Belgian Institute of Natural Sciences investigated the ecological impact of E. directus in the Belgian part of the North Sea. The area investigated is adjacent to the Dutch fishery and therefore results are directly applicable to this assessment. The research found that (Houziaux et al., 2011): “The historical (1900) records of the Royal Belgian Institute of Natural Sciences (Dept. of Invertebrates,) showed that local species of Ensis (E. arcuatus, E. ensis and E. minor) used to occur predominantly off the western coast, further offshore than E. directus in the present-day. The alien perhaps replaced the local species in coastal waters but cannot be held responsible for their rarefaction further offshore. In the data-sets resulting from the surveys of summer 2008 and winter 2010, no clear pattern could be detected in multivariate ordinations, except perhaps a slight trend in epibenthic invertebrates which could result from the provision of numerous empty shells at the surface of the sediment.” The research concludes that no effect of the invader (E. directus) on local marine fauna can be evidenced thus far (Houziaux et al., 2011). Furthermore the research goes on show that E. directus (size group 6-9cm) represent an important food item for the common scooter Melanitta nigra. It is noted that this size group is not targeted by the fishery based on minimum landing size. Based on the Belgian research it is determined that the presence of E. directus does not have an untoward impact on the ecosystem. It is determined that the species is not having an impact on the ecosystem and therefore an additional scoring issue

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PI 2.5.3 There is adequate knowledge of the impacts of the fishery on the ecosystem

Met? SG Issue Justification/Rationale (Y/N) to the Ecosystem PIs 2.5.2 or 2.5.3 is not required. The key elements of the North Sea ecosystem are well understood. Extensive ecosystem modelling has been undertaken for the North Sea (Broekhuizen et al, 1995; Christensen, 1995; Fransz et al, 1991; Mackinson, 2002a; Mackinson, 2002b; Mackinson and Daskalov, 2007). There is a broad understanding of the ecosystem impacts of the introduced species E. directus and detailed research in the Belgian EEZ coastal areas is underway.

b Y Main impacts of the fishery on these key ecosystem elements can be inferred from existing information and some have been investigated in detail. The main impacts of suction dredging on key ecosystem elements are understood. The key elements are considered to be direct impacts to habitats (including Natura 2000 designated sites), direct disturbance to ETP species (seals and birds) due to vessel movements and removal of food source for birds (greater scaup, common scoter and common eider). The impact to birds with regard to ecological food requirements and habitat with regard to Natura 2000 sites have been investigated in detail through Appropriate Assessments and are the principle consideration in the management of the fishery.

c Y The main functions of the Components (i.e., target, Bycatch, Retained and ETP species and Habitats) in the ecosystem are known. The main functions of the target, bycatch, retained and ETP species, as well as the habitats within the ecosystem that the fishery operates are known. This includes through ecosystem modelling and the vast levels of information available to inform the Natura 2000 designations for habitats, marine mammals and seabirds.

d Y Sufficient information is available on the impacts of the fishery on these Components to allow some of the main consequences for the ecosystem to be inferred. The main consequences of the impacts of the Ensis suction dredge fishery on the Principle 2 components are understood and can be inferred either from information directly about the target species, fishing gear and ecosystem (Tulp et al., 2010; Baptist, 2005; Keus, 2009; van Lanker et al, 2011; Robinson and Richardson, 1998; Tuck et al, 2000) or from studies undertaken elsewhere (Ens et al., 2004; Bell and Walker, 2005; Kaiser et al, 2006; Hauton et al., 2003a; Hauton et al., 2003b; Meyer et al., 1981; Morello et al., 2005). e Y Sufficient data continue to be collected to detect any increase in risk level (e.g., due to changes in the outcome indicator scores or the operation of the fishery or the effectiveness of the measures). Regular Appropriate Assessments, stock assessments and annual species counts ensure that the identified impacts are understood and any increases in risk can be identified.

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PI 2.5.3 There is adequate knowledge of the impacts of the fishery on the ecosystem

Met? SG Issue Justification/Rationale (Y/N) 100 b N Main interactions between the fishery and these ecosystem elements can be inferred from existing information, and have been investigated.

The main interactions can be inferred based on significant data on suction dredging in the North Sea and elsewhere. However all interactions have not been investigated, in particular the role of E. directus in the ecosystem and whether the fishery has any impact on this role.

c N The impacts of the fishery on target, Bycatch and ETP species are identified and the main functions of these Components in the ecosystem are understood. As justification provided in 100b.

d N Sufficient information is available on the impacts of the fishery on the Components and elements to allow the main consequences for the ecosystem to be inferred. As justification provided in 100b.

e N Information is sufficient to support the development of strategies to manage ecosystem impacts. As justification provided in 100b.

Baptist, H. 2005. Habitattoets Ensis visserij Kustzee, Ecologisch Adviesbureau, Oktober 2005 Broekheuizen, N., Heath, M.R., Hay, S.J., And Gurney, W.S.C., 1995. Modelling the dynamics of the North Sea’s Mesozooplankton. Neth. J. Sea Res., 33(3/4): 381-406 Christensen, V., 1995. A model of trophic interactions in the North Sea in 1981, the year of the stomach. Dana, 11(1): 1-28. Fransz, H. G., Mommaerts, J. P., And Radach, G., 1991. Ecological modelling of the North Sea. Neth.J. Sea Res., 28(1/2): 67-140 Hauton, C., Atkinson, R.J.A. & Moore, P.G., 2003a. The impact of hydraulic blade dredging on a benthic megafaunal community in the Clyde Sea area, Scotland. Journal of Sea Research, 50, 45-56. Hauton, C., Hall-Spencer, J.M. & Moore, P.G., 2003b. An experimental study of the References ecological impacts of hydraulic bivalve dredging on maerl, ICES Journal of Marine Science, 60. 381-392. Houziaux, J.-S., D. Huyghebaert, M. Rozemeijer, S. Van Gaever, W. Versluys, J. Craeymeersch, W. Courtens, E. Stienen, B. Merckx, G. Van Hoey, F. Kerckhof, S. Degraer, V. Van Lancker. 2011. EnSIS: Ecosystem sensitivity to invasive species” Belgian Science Policy Research Programme “Science for a Sustainable Development – SSD” Targeted Actions North Sea. Final project workshop. Friday 16 September 2011. Kaiser, M.J., K. R. Clarke, H. Hinz, M. C. V. Austen, P. J. Somerfield, I. Karakassis. 2006. Global analysis of response and recovery of benthic biota to fishing Marine Ecology Progress Series 311:1–14 Keus, B.J. 2009. Habitattoets Ensisvisserij Natura 2000 gebieden Voordelta en Noordzeekustzone

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PI 2.5.3 There is adequate knowledge of the impacts of the fishery on the ecosystem

Met? SG Issue Justification/Rationale (Y/N) Meyer, T.L., Cooper, R.A. & Pecci, K.J., 1981. The performance and environmental effects of a hydraulic clam dredge. Marine Fisheries Review, 43, 14-22. Mackinson, S. and Daskalov, G., 2007. An ecosystem model of the North Sea to support an ecosystem approach to fisheries management: description and parameterisation. Sci. Ser. Tech Rep., Cefas Lowestoft, 142: 196pp Mackinson, S., 2002a. Representing trophic interaction in the North Sea in the 1880s using the Ecopath mass-balance approach. p35-98. Mackinson, S., 2002b. Simulating management options for the North Sea in the 1880s. pp73-83. Morello, E.B., Froglia, C., Atkinson, R.J.A. & Moore, P.G., 2005. Impacts of hydraulic dredging on a macrobenthic community of the Adriatic Sea, Italy. Canadian Journal of Fisheries and Aquatic Sciences, 62, 2076–2087. Robinson, R.F. & Richardson, C.A., 1998. The direct and indirect effects of suction dredging on a razor clam (Ensis arcuatus) population. ICES Journal of Marine Science, 55, 970-977 Tuck, I.D., Bailey, N., Harding, M., Sangster, G., Howell, T., Graham, N. & Breen, M., 2000. The impact of water jet dredging for razor clams, Ensis spp., in a shallow sandy subtidal environment. Journal of Sea Research, 43, 65-81 Tulp, I., Craeymeersch, J., Leopold, M., Damme, C., Fey, F. and Verdaat, H., 2010. The role of the invasive bivalve Ensis directus as food source for fish and birds in the Dutch coastal zone. Estuarine, Coastal and Shelf Science Volume 90, Issue 3, 20 December 2010, Pages 116-128. Van Lanker, V., D. Huyghebaert, M. Rozemeijer, S. Van Gaever, W. Versluys, J. Craeymeersch, W. Courtens, E. Stienen, B. Merckx, G. Van Hoey, F. Kerckhof, S. Degraer, J.-S. Houziaux. 2011. Preceedings from workshop on EnSIS: Ecosystem sensitivity to invasive species. Belgian Science Policy Research Programme “Science for a Sustainable Development

OVERALL PERFORMANCE INDICATOR SCORE: 80

CONDITION NUMBER (if relevant):

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Evaluation Table: PI 3.1.1 The management system exists within an appropriate legal and/or customary framework which ensures that it:  Is capable of delivering sustainable fisheries in accordance with MSC Principles 1 and PI 3.1.1 2;  Observes the legal rights created explicitly or established by custom of people dependent on fishing for food or livelihood; and  Incorporates an appropriate dispute resolution framework. Met? SG Issue Justification/Rationale (Y/N) 60 a Y The management system is generally consistent with local, national or international laws or standards that are aimed at achieving sustainable fisheries in accordance with MSC Principles 1 and 2. At National Level, the Dutch Government’s Fisheries Act (Visserijwet, 1963) forms the basis for the implementation of the reformed EU Common Fisheries Policy. (2371/2002). The act establishes:  An institutional framework  Licensing procedures  Control and enforcement responsibilities

The Water Act (“Waterwet”) came into force in 2009. The Water Act combines the various acts relating to water management and facilitates and facilitates the implementation of EC directives, such as the Habitats Directive which provides for management in accordance with Principles 1 and 2.

b Y The management system incorporates or is subject by law to a mechanism for the resolution of legal disputes arising within the system. A clear legal framework also exists for judicial decisions to be appealed against both at national, and if necessary, EU level. The European Court of Justice is the ultimate arbiter for the resolution of a legal dispute under this legislation

c Y Although the management authority or fishery may be subject to continuing court challenges, it is not indicating a disrespect or defiance of the law by repeatedly violating the same law or regulation necessary for the sustainability of the fishery. The fishery or management authority is not subject to any recent court challenge, and there is no evidence of violation of the regulations

d Y The management system has a mechanism to generally respect the legal rights created explicitly or established by custom of people dependent on fishing for food or livelihood in a manner consistent with the objectives of MSC Principles 1 and 2. A fixed number of licences (8) are issued for this fishery by the Dutch Ministry, explicitly recognising the rights of these licence holders to participate in this fishery. The 2005-2008 Ensis management plan developed by all stakeholders, which first came into effect in 2005, respects these legal rights, whilst upholding management principles consistent with MSC principles 1 and 2

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The management system exists within an appropriate legal and/or customary framework which ensures that it:  Is capable of delivering sustainable fisheries in accordance with MSC Principles 1 and PI 3.1.1 2;  Observes the legal rights created explicitly or established by custom of people dependent on fishing for food or livelihood; and  Incorporates an appropriate dispute resolution framework. Met? SG Issue Justification/Rationale (Y/N) 80 b Y The management system incorporates or is subject by law to a transparent mechanism for the resolution of legal disputes which is considered to be effective in dealing with most issues and that is appropriate to the context of the fishery. The Netherlands judicial system is transparent and considered to be effective.

c Y The management system or fishery is attempting to comply in a timely fashion within binding judicial decisions arising from any legal challenges. A legal challenge to the Ensis fishery in the Waddenzee in 2004 was successful. The management system complied with this in a timely fashion, closing this fishery

d Y The management system has a mechanism to observe the legal rights created explicitly or established by custom of people dependent on fishing for food or livelihood in a manner consistent with the objectives of MSC Principles 1 and 2. A fixed number of licences (8) are issued for this fishery by the Dutch Ministry, explicitly recognising the rights of these licence holders to participate in this fishery. The licences are tradeable and transferable.

The 2005-2008 Ensis management plan developed by all stakeholders, which first came into effect in 2005, respects these legal rights, whilst upholding management principles consistent with MSC principles 1 and 2

100 b Y The management system incorporates or subject by law to a transparent mechanism for the resolution of legal disputes that is appropriate to the context of the fishery and has been tested and proven to be effective. An established and tested legal framework exists within the Netherlands. The Fisheries Act (Visserijwet 1963) establishes an institutional framework, and within this there are transparent mechanisms for resolution of legal disputes. This has been tested and proved to be effective

c Y The management system or fishery acts proactively to avoid legal disputes or rapidly implements binding judicial decisions arising from legal challenges. A 2004 legal challenge to the Ensis fishery in the Waddensee was rapidly resolved, leading to a closure of this part of the fishery. d N The management system has a mechanism to formally commit to the legal rights created explicitly or established by custom of people dependent on fishing for food and livelihood in a manner consistent with the objectives of MSC Principles 1 and 2. A fixed number of licences (8) are issued for this fishery by the Dutch Ministry, explicitly recognising the rights of these licence holders to participate in this fishery. Licence holders are explicitly included in the management framework.

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The management system exists within an appropriate legal and/or customary framework which ensures that it:  Is capable of delivering sustainable fisheries in accordance with MSC Principles 1 and PI 3.1.1 2;  Observes the legal rights created explicitly or established by custom of people dependent on fishing for food or livelihood; and  Incorporates an appropriate dispute resolution framework. Met? SG Issue Justification/Rationale (Y/N) However, a formal commitment to legal rights established for people dependent on fishing for livelihood is not given by the Dutch state.

COUNCIL REGULATION (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the References Common Fisheries Policy The Netherlands Fisheries Act (Visserijwet 1963)

OVERALL PERFORMANCE INDICATOR SCORE: 95

CONDITION NUMBER (if relevant): NA

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Evaluation Table: PI 3.1.2 The management system has effective consultation processes that are open to interested and affected parties. PI 3.1.2 The roles and responsibilities of organisations and individuals who are involved in the management process are clear and understood by all relevant parties Met? SG Issue Justification/Rationale (Y/N) 60 a Y Organisations and individuals involved in the management process have been identified. Functions, roles and responsibilities are generally understood.

At EU and national level, governmental, fishermen and other stakeholders are involved in the wider management process.( Ministry of Economic Affairs, Agriculture and Innovation, AID, POs, North Sea Foundation) Fishermen and NGOs participated in the development of an explicit national shellfish management plan. All stakeholders interviewed understood their roles in the management process.

b Y The management system includes consultation processes that obtain relevant information from the main affected parties, including local knowledge, to inform the management system. The management system includes collection of relevant information from appropriate participants, through AID, IMARES NGOs and other stakeholders.

80 a Y Organisations and individuals involved in the management process have been identified. Functions, roles and responsibilities are explicitly defined and well understood for key areas of responsibility and interaction. The organisation and individuals involved in the management process, including government, industry and NGOs, have been identified, and have well defined and understood roles, as articulated in the 2005-8 management plan Beheersplan Enisvisserij 2005-8

b Y The management system includes consultation processes that regularly seek and accept relevant information, including local knowledge. The management system demonstrates consideration of the information obtained. The consultation processes regularly seek and accept relevant information, as demonstrated in the development of Beheersplan Ensisvisserij 2005-8, and the 2005-2020 national shellfish policy plan

c N The consultation process provides opportunity for all interested and affected parties to be involved. Not met. The North Sea Foundation was not involved in the decision to increase the number of licences in this fishery, from 5 to 8 in 2006, and was only informed after the decision had been taken. The NSF subsequently opposed this decision. Further involvement of the Foundation in development of the annual management plan is not formalised

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The management system has effective consultation processes that are open to interested and affected parties. PI 3.1.2 The roles and responsibilities of organisations and individuals who are involved in the management process are clear and understood by all relevant parties Met? SG Issue Justification/Rationale (Y/N) 100 a Y Organisations and individuals involved in the management process have been identified. Functions, roles and responsibilities are explicitly defined and well understood for key areas of responsibility and interaction. The organisation and individuals involved in the management process, including government, industry and NGOs, have been identified, and have well defined and understood roles, as articulated in the 2005-8 management plan Beheersplan Enisvisserij 2005-8

b N The management system includes consultation processes that regularly seek and accept relevant information, including local knowledge. The management system demonstrates consideration of the information and explains how it is used or not used. The management system includes the collection and collation of catch, effort and sales data via AID. This information is passed on to scientists of IMARES, who in turn are able to publish this information in conjunction with relevant survey and other data. However, this information does not regularly feed into a consultation process, and there is no system that explains how this is used.

c N The consultation process provides opportunity and encouragement for all interested and affected parties to be involved, and facilitates their effective engagement. There is no evidence that the consultation process facilitates engagement of interested parties in the management of the Ensis fishery on an ongoing basis.

Beheersplan Ensisvisserij 2005-8; , naar rustig vaarwater. LNV, 2004. Ruimte voor een zilte oogst: Beleidsbesluit Schelpdiervisserij 2005 – References 2020. Ministerie van landbouw, natuurbeheer en Visserij, Den Haag

OVERALL PERFORMANCE INDICATOR SCORE: 75

CONDITION NUMBER (if relevant): 5

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Evaluation Table: PI 3.1.3 The management policy has clear long-term objectives to guide decision-making that are PI 3.1.3 consistent with MSC Principles and Criteria, and incorporates the precautionary approach Met? SG Issue Justification/Rationale (Y/P/N) 60 a Y Long-term objectives to guide decision-making, consistent with the MSC Principles and Criteria and the precautionary approach, are implicit within management policy Clear long term objectives are explicit within the CFP itself, including sustainable exploitation of living aquatic resources through the application of a precautionary approach to protect and conserve living aquatic resources, and to minimise the impact of fishing activities on marine eco-systems. An aim to achieve MSY for stocks managed by EU quotas, by 2015, has also been incorporated into the objectives

80 a Y Clear long-term objectives that guide decision-making, consistent with MSC Principles and Criteria and the precautionary approach are explicit within management policy. The long term shellfish policy plan developed by LNV, which includes Ensis has clear long term objectives including protection of stocks and the wider ecosystem. Management policy is explicit that these objectives must also meet the requirements of the Habitats and Birds Directives, and that fishing activities must also be licensed under the Nature Conservation Act

100 a Y Clear long-term objectives that guide decision-making, consistent with MSC Principles and Criteria and the precautionary approach, are explicit within and required by management policy. Six clear long term objectives relating to eco-system management are within the Beheersplan Enisvisserij 2005-8, a management plan for the fishery developed by the industry, in conjunction with the Fisheries Board and North Sea foundation. Management policy for the fishery requires these objectives. The TAC of 8,000t can be considered to be consistent with the precautionary approach.

LNV, 2004. Ruimte voor een zilte oogst: Beleidsbesluit Schelpdiervisserij 2005 – 2020. Ministerie van landbouw, natuurbeheer en Visserij, Den Haag.

LNV.1993. Vissen naar evenwicht: Regeringsbeslissing Structuurnota Zee-en kustvisserij. Ministerie van Landbouw, Natuurbeheer en Visserij, The Hague.

References Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora. Official Journal L 206, 22/07/1992. Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds. Official Journal L 103, 25/04/1979 P. 0001 – 0018. Nature Conservation Act 1998 (Natuurbeschermingswet 1998) Naar rustig vaarwater: Beheersaplan Ensisvisserij, 2005-2008 Beheerplan Ensisvisserij, 2005-2008, naar rustig vaarwater.

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The management policy has clear long-term objectives to guide decision-making that are PI 3.1.3 consistent with MSC Principles and Criteria, and incorporates the precautionary approach Met? SG Issue Justification/Rationale (Y/P/N)

OVERALL PERFORMANCE INDICATOR SCORE: 100

CONDITION NUMBER (if relevant): NA

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Evaluation Table: PI 3.1.4 The management system provides economic and social incentives for sustainable fishing PI 3.1.4 and does not operate with subsidies that contribute to unsustainable fishing Met? SG Issue (Y/P/ Justification/Rationale N) 60 a Y The management system provides for incentives that are consistent with achieving the outcomes expressed by MSC Principles 1 and 2. The European Fisheries Fund, EFF, provides subsidies for the fishing industry. However, these aim to assist the industry to develop innovations relating to safety, product quality or reducing environmental impact. The EFF is explicit in that it cannot be used to assist in any increase in fishing effort, or provide any perverse incentive. The Netherlands’ application of the EFF was audited on behalf of the European Commission in 2010, where it was found to be ‘Works, but some improvements are needed

80 a Y The management system provides for incentives that are consistent with achieving the outcomes expressed by MSC Principles 1 and 2, and seeks to ensure that perverse incentives do not arise. The European Fisheries Fund, EFF, provides subsidies for the fishing industry. However, these aim to assist the industry to develop innovations relating to safety, product quality or reducing environmental impact. The EFF is explicit in that it cannot be used to assist in any increase in fishing effort, or provide any perverse incentive. The Netherlands’ application of the EFF was audited on behalf of the European Commission in 2010, where it was found to be ‘Works, but some improvements are needed’ The 2011-2012 Ensis fishing plan provides for internal discipline and penalty within the Dutch Fishermen’s Association (DFA) for vessels that break the measures agreed within the plan. The plan contains measures, such as a limit on the percentage of broken shells permitted in the catch that ensure perverse incentives do not arise 100 a N The management system provides for incentives that are consistent with achieving the outcomes expressed by MSC Principles 1 and 2, and explicitly considers incentives in a regular review of management policy or procedures to ensure they not contribute to unsustainable fishing practices. Although though the Council Regulation requires the implementation of the EFF to be reviewed annually, the Netherlands system does not explicitly consider incentives in a regular review of management policy

Council Regulation (EC) No 1198/2006 of 27 July 2006 on the European Fisheries Fund REPORT FROM THE COMMISSION: FOURTH ANNUAL REPORT ON References IMPLEMENTATION OF THE EUROPEAN FISHERIES FUND (2010) {SEC(2011) 1620 final}

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The management system provides economic and social incentives for sustainable fishing PI 3.1.4 and does not operate with subsidies that contribute to unsustainable fishing Met? SG Issue (Y/P/ Justification/Rationale N)

OVERALL PERFORMANCE INDICATOR SCORE: 80

CONDITION NUMBER (if relevant): NA

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Evaluation Table: PI 3.2.1 The fishery has clear, specific objectives designed to achieve the outcomes expressed by PI 3.2.1 MSC’s Principles 1 and 2 Met? SG Issue (Y/PN Justification/Rationale ) 60 a Y Objectives, which are broadly consistent with achieving the outcomes expressed by MSC’s Principles 1 and 2, are implicit within the fishery’s management system.

Objectives supporting MSC’s principles 1 and 2 are contained within the last razorfish management plan, and the 2005-2020 shellfish management plan.

80 a Y Short and long-term objectives, which are consistent with achieving the outcomes expressed by MSC’s Principles 1 and 2, are explicit within the fishery’s management system. Short and long term objectives consistent with achieving the outcomes expressed in MSC principles 1 and 2 are explicit within the two management plans

100 a P Well defined and measurable short and long-term objectives, which are demonstrably consistent with achieving the outcomes expressed by MSC’s Principles 1 and 2, are explicit within the fishery’s management system. Although a number of well defined and measurable short and long term objectives, demonstrably consistent with MSC Principles 1 and 2 are within the plans, a fixed ‘quota’ of 8,000 tonnes a year of Ensis may not meet the highest score. It is possible that variability in natural recruitment to the fishery would mean that 8,000t becomes an inappropriate total, and the system appears not to allow for this eventuality.

Beheersaplan Ensisvisserij, 2005-2008: Naar rustig Vaarwater.

References LNV, 2004. Ruimte voor een zilte oogst: Beleidsbesluit Schelpdiervisserij 2005 – 2020. Ministerie van landbouw, natuurbeheer en Visserij, Den Haag

OVERALL PERFORMANCE INDICATOR SCORE: 90

CONDITION NUMBER (if relevant):

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Evaluation Table: PI 3.2.2 The fishery-specific management system includes effective decision-making processes PI 3.2.2 that result in measures and strategies to achieve the objectives Met? SG Issue Justification/Rationale (Y/N) 60 a Y There are some decision-making processes in place that result in measures and strategies to achieve the fishery-specific objectives. Consultation between Government, industry and NGOs allow for decision making processes that aim to achieve the fishery-specific objectives laid out in the 2005- 2008 razorfish plan, and the 2005-2020 shellfish policy.

b Y Decision-making processes respond to serious issues identified in relevant research, monitoring, evaluation and consultation, in a transparent, timely and adaptive manner and take some account of the wider implications of decisions. The processes respond to the serious issues raised, and take account of wider implications of decisions, including indirect as well as direct impacts of the fishery.

80 a Y There are established decision-making processes that result in measures and strategies to achieve the fishery-specific objectives. The process which lead to Government, industry and NGOs developing the 2005- 2008 Ensis management plan, and the 2005-2020 shellfish policy were part of a well established and understood process, that had fishery –specific as well as wider conservation objectives.

b Y Decision-making processes respond to serious and other important issues identified in relevant research, monitoring, evaluation and consultation, in a transparent, timely and adaptive manner and take account of the wider implications of decisions. The process that lead to the development of the 2005-2008 Ensis management plan, and the 2005-2020 shellfish policy took account of the best and most recent scientific advice, and took account of wider implications

c Y Decision-making processes use the precautionary approach and are based on best available information. The 2005-2008 Management plan was based on a highly precautionary approach to the fishery, at a time when best available stock assessments suggested that less than 1% of the stock was being fished in any year. The TAC of 8,000 t is precautionary

d Y Explanations are provided for any actions or lack of action associated with findings and relevant recommendations emerging from research, monitoring, evaluation and review activity.

The 2005-2008 Management plan explained the reasons for the decisions that were later formalised via licence conditions

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The fishery-specific management system includes effective decision-making processes PI 3.2.2 that result in measures and strategies to achieve the objectives Met? SG Issue Justification/Rationale (Y/N) 100 b N Decision-making processes respond to all issues identified in relevant research, monitoring, evaluation and consultation, in a transparent, timely and adaptive manner and take account of the wider implications of decisions. Decision making processes do not appear to have responded to all issues identified in relevant research, and not all issues identified in the 2005-8 razorfish management plan have been investigated. For instance, although maximum towing speeds have been increased to 500m per hour, information regarding the proportion of broken shell at increased speed has not been gathered, or if it has, has not fed into the decision making process.

d N Formal reporting to all interested stakeholders describes how the management system responded to findings and relevant recommendations emerging from research, monitoring, evaluation and review activity. There is no evidence of formal reporting, and the management system has not responded to recent research. There have been no significant management changes since 2005.

References Beheerplan Ensisvisserij, 2005-2008: Naar rustig vaarwater.

LNV, 2004. Ruimte voor een zilte oogst: Beleidsbesluit Schelpdiervisserij 2005 – 2020. Ministerie van landbouw, natuurbeheer en Visserij, Den Haag OVERALL PERFORMANCE INDICATOR SCORE: 80

CONDITION NUMBER (if relevant):

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Evaluation Table: PI 3.2.3 Monitoring, control and surveillance mechanisms ensure the fishery’s management PI 3.2.3 measures are enforced and complied with Met? SG Issue Justification/Rationale (Y/N) 60 a Y Monitoring, control and surveillance mechanisms exist are implemented in the fishery under assessment and there is a reasonable expectation that they are effective. MCS surveillance mechanisms are required by the Common Fisheries Policy, as detailed in the ‘Control Regulation’ EC1224/2009.

b Y Sanctions to deal with non-compliance exist and there is some evidence that they are applied. Sanctions to deal with non-compliance exist, ranging from initial cautions for minor administrative offences, to prosecution for serious offences. These have been applied in other Dutch fisheries where offences have been detected, and there is evidence that these would be applied in the event of serious infringements being discovered in the Ensis fishery. c Y Fishers are generally thought to comply with the management system for the fishery under assessment, including, when required, providing information of importance to the effective management of the fishery. AID patrols and random checks have found no evidence that management measures are not being complied with. Similarly, cross-compliance checks indicate a high rate of compliance. 80 a Y A monitoring, control and surveillance system has been implemented in the fishery under assessment and has demonstrated an ability to enforce relevant management measures, strategies and/or rules. The MCS system includes the use of satellite based transponders, submission of daily EU logsheets by vessels, and cross-checking of these logsheets with sales notes. Random inspections of vessels at sea, and inspections of landings are undertaken by the AID inspectors of the Ministry of EL&I.

b Y Sanctions to deal with non-compliance exist, are consistently applied and thought to provide effective deterrence. No sanctions have been applied in this fishery. However, elsewhere in the Netherlands fishing industry sanctions are applied, initially administratively, and then via the courts. The legal system in place ensures consistent application of sanctions and is thought to provide effective deterrence.

c Y Some evidence exists to demonstrate fishers comply with the management system under assessment, including, when required, providing information of importance to the effective management of the fishery. Information supplied by fishermen includes information generated by satellite based VMS, logsheets and sales notes. This information is used not only to ensure compliance with MCS regulations, but also to assist in scientific monitoring and assessment. Cross-compliance checks indicate a high rate of compliance.

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Monitoring, control and surveillance mechanisms ensure the fishery’s management PI 3.2.3 measures are enforced and complied with Met? SG Issue Justification/Rationale (Y/N) d Y There is no evidence of systematic non-compliance. MCS cross-checks by LNV provide no evidence of any systematic non-compliance. 100 a Y A comprehensive monitoring, control and surveillance system has been implemented in the fishery under assessment and has demonstrated a consistent ability to enforce relevant management measures, strategies and/or rules. The comprehensive MCS system in place allows cross checking of satellite, logbook, sales notes, at sea observations, landings inspections and market inspections. A cross-compliance system operates to ensure that these individual enforcement tools are checked with each other, highlighting any discrepancies, and making detection of any potential offences faster and easier. b N Sanctions to deal with non-compliance exist, are consistently applied and demonstrably provide effective deterrence. Sanctions apply across all Dutch fishing vessels fishing under the umbrella of the Common Fisheries Policy, via the Netherlands judicial system and are consistently applied. The cross checks possible within the MCS systems are sufficient to demonstrate that the potential sanctions are demonstrably effective in acting as a deterrence in Dutch fisheries. However there is no evidence that sanctions to deal with non-compliance in the Ensis fishery act as a deterrent. Sanctions have not been required in this fishery to date, so it is unclear whether they act as a deterrent. c Y There is a high degree of confidence that fishers comply with the management system under assessment, including, providing information of importance to the effective management of the fishery. Cross checks within the MCS system give a high degree of confidence that fishers are complying with the management system. The spatial and quantitative data available from combining sales notes, logsheets and VMS data provide an important source of information in assessing the fishery, and assisting with effective management of it. Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common References fisheries policy

Nieuwe Voedsel en Warenauthoriteit, Jaarverslag 2010. OVERALL PERFORMANCE INDICATOR SCORE: 95

CONDITION NUMBER (if relevant): NA

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Evaluation Table: PI 3.2.4

PI 3.2.4 The fishery has a research plan that addresses the information needs of management

Met? SG Issue Justification/Rationale (Y/N) 60 a Y Research is undertaken, as required, to achieve the objectives consistent with MSC’s Principles 1 and 2. Research and monitoring are ongoing, allowing the size and distribution of the Ensis stock and any impact the fishery has on this, to be estimated. Bird numbers within the areas are routinely monitored. This work is consistent with both Principles 1 and 2. b Y Research results are available to interested parties. Results from this monitoring is available to all interested parties, including industry and NGOs.

80 a Y A research plan provides the management system with a strategic approach to research and reliable and timely information sufficient to achieve the objectives consistent with MSC’s Principles 1 and 2. The EU Marine Strategy Framework requires the Netherlands to develop strategies for managing marine waters, including a detailed environmental assessment and monitoring programme. Appropriate assessments are developed to allow the fishery to go ahead as required under the EU Habitats Directive, sufficient to achieve the objectives consistent with MSC Principles 1 and 2. IMARES is one of a number of government funded research bodies that develop fisheries research plans, including the Ensis fishery. Ongoing surveys and monitoring of landings provide the reliable information required to achieve objectives within Principles 1 and 2. The 2011-2012 Ensis fishing plan includes clear reference to a research plan, although the research alluded to appears to be mainly related to good governance or to P1 rather than P2, looking at issues such as improving dredge performance to reduce damage to shells or minimise bycatch

b Y Research results are disseminated to all interested parties in a timely fashion.

These assessments are disseminated to interested parties, including NGOs in a timely fashion. The results of scientific research are published where appropriate, and/or circulated widely to all stakeholders. E.g. Argonus 2009

100 a N A comprehensive research plan provides the management system with a coherent and strategic approach to research across P1, P2 and P3, and reliable and timely information sufficient to achieve the objectives consistent with MSC’s Principles 1 and 2. The research plans referred to above do not constitute a ‘comprehensive research plan that provides the management system…consistent with MSC’s Principles 1 and 2’.Whilst it provides good information on stock distribution, status, it is not comprehensive enough to include research on issues identified by the North Sea Foundation, such as the relative impacts of increasing towing speed from 300 to 500m/hr.

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b N Research plan and results are disseminated to all interested parties in a timely fashion and are widely and publicly available. Results of surveys are disseminated to all interested parties in a timely fashion. However, the plan itself is not comprehensive, or articulated.

References Goudswaard, P.C., K.J. Perdon, J.J. Kesteloo, J. Jol, C. Van Zweeden, E. Hartog, J.M.J Jansen & K. Troost. 2010. Schelpdieren in de Nederlandse kustwateren, een kwantitatieve en kwalitatieve bestandsopname in 2010. IMARES 1 institute for Marine Resources & Ecosystem Studies.

Agonus,2009. Habitattoets Ensisvisserij Natura 2000 gebieden Voordelta en Noordzeekustzone. OVERALL PERFORMANCE INDICATOR SCORE: 80

CONDITION NUMBER (if relevant): NA

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Evaluation Table: PI 3.2.5 There is a system of monitoring and evaluating the performance of the fishery-specific PI 3.2.5 management system against its objectives There is effective and timely review of the fishery-specific management system Met? SG Issue Justification/Rationale (Y/N) 60 a Y The fishery has in place mechanisms to evaluate some parts of the management system. The fishery is subject to annual stock assessment and requires an appropriate assessment to be made, meaning that the success of the management system is evaluated

b Y The fishery-specific management system is subject to occasional internal review.

The system is reviewed internally on occasion. For example, the maximum towing speed in the fishery was altered from 300m/hr. to 500m/hr. in 2006 after such a review

80 a Y The fishery has in place mechanisms to evaluate key parts of the management system Mechanisms are in place to evaluate the key parts of the management system, internally within the PO, externally via Appropriate Assessments required under the Habitats Directive, and through reviews of the Ensis Fishing Plan. The PO has made available, or given permission for the use of data such as VMS which can be used to determine both where a vessel has fished, the speed at which it has towed its gear and the number of days it has been in the fishery, and relate this to scientific survey results. Sales note and logsheet information are available, in a form that allows cross checking, giving confidence that landings limits are not being exceeded and data submitted by fishermen is accurate and up to date

b Y The fishery-specific management system is subject to regular internal and occasional external review. Appropriate assessment made each year, available for external review.

The management system has been in place, almost unaltered, since 2005. Whilst the precautionary TAC of 8000t has never been taken, and the plan was updated in October 2010 following an internal review. 100 a N The fishery has in place mechanisms to evaluate all parts of the management system. No mechanism is in place

b N The fishery-specific management system is subject to regular internal and external review. The management system has not been externally reviewed since inception

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References

OVERALL PERFORMANCE INDICATOR SCORE: 80

CONDITION NUMBER (if relevant): NA

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Appendix 1.2 Risk Based Framework (RBF) Outputs

Appendix 1.2.1 Scale Intensity Consequence Analysis (SICA) Table 1.2.1.b SICA Scoring Template for PI 2.1.1 Retained Species

Risk-causing activities Temporal Spatial scale Intensity of Relevant Performance Indicator from fishery under scale of Consequence score MSC Score of activity activities subcomponents assessment activity

PRINCIPLE TWO:  Fishing Population size Retained Species 1 100 Outcome

Reproductive capacity Species: Otter shells Lutraria 1 5 2 lutraria and venus shells Tapes philippinarum Age/size/sex structure

Geographic range

Rationale: Species occasionally landed in conjunction with the American razor shell Ensis directus suction dredge fishery include otter shells Lutraria lutraria and venus shells Tapes philippinaru. It is understood that landings of these retained species is very low and less than 5% of total catch by weight. The fishing license Ensis fishing plan (Visplan Ensisvisserij, 2011-2012) require that less than 5% bycatch (of retained species) is taken in conjunction with the fishery and in instances where bycatch exceeds 5% vessels shall seek alternative fishing grounds. A discard sampling study for the Ensis fishery undertaken in 2011 did not record occurrence of these species when sampling total catch (Heijer, 2011). Landing statistics from the Ensis fishery confirm minimal retained species. These species are therefore considered as minor retained species.

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IMARES (Goudswaard, 2010) have undertaken annual spring shellfish surveys since 1995 for Ensis sp., Spisula subtruncata, Cerastoderma edule, Mystilus edulis and L. lutraria, and added five further species to the assessment in 2010: Donax vittatus, S. solida, S. elliptica, Venerupis senegalensis, and Chamelea striatula. In relation to L. lutraria highest concentrations were found of the coast of the province of Zuid-Holland (South Holland), although a low density was noted in the Voordelta. Most (92.9%) L. lutaria were found outside Natura 2000 areas. The IMARES report provides no direct measurement of biomass for L. lutraria and makes no suggestion as to appropriate biologically based limits for this stock. The IMARES survey does not include T. philippinarum and there is no information on stock assessment or biologically based limits for this species. Based on the insufficient data available for assessment using the default tree, the retained species have been scored using RBF framework. Consultation with a range of stakeholders (including IMARES, Ministry EL&I, Fisheries Directorate and North Sea Foundation) during the site visit did not raise concern for these retained species and did not determine one species to be of more concern over any other. The quota for E. directus of 8,000 tonnes of live weight (shell and meat) has been set since 2005 based on an appropriate assessment focusing on food reserves for birds, seal disturbance and habitat interactions, which was updated in 2009 (Keus, 2009). Based on fishing 5 kg E. directus per m2, 8,000 tonnes equates to an area of 160 hectares. 8,000 tonnes equates to 0.9% of E. directus biomass by number of individuals and 4% by weight. Vessels are also limited by hours of operation (2,400 hours per year) and speed of fishing (500 meters per hour), equating to an area of 120 ha per vessel (based on 1.25m dredge width). However based on catch rates of 5 kg per m2 (considered to be a low level, below which vessels would seek alternate grounds), the quota of 8,000 tonnes is more limited in terms of area fished. With 8,000 tonnes representing 160 ha, less than 1% of Dutch inshore waters are fished. This was corroborated with all stakeholders during site visit meetings. A score of 1 on the SICA spatial scale (<1%) is therefore appropriate. The Ensis fishery operates throughout the year working 5 days per week, weather dependent, with a maximum 2,400 hours fishing per year per vessel. This equates to a maximum of 200-250 days of fishing per year per vessel. On this basis a score of 5 on the SICA temporal scale (200-250 days) is appropriate. Based on the low spatial scale and the current number of permits available (8) and in operation (4), the fishery is considered to occur in a few locations, restricted by closed areas and evidence of the activity at these scales is rare. An intensity score of 2 (minor) is therefore appropriate. Based on the ecological importance of the Dutch inshore waters as a food resource for many wintering and migratory bird populations, the population size of the retained species is considered the most relevant subcomponent of the consequence assessment. The team assess that the effect of the E. directus suction dredge fishery on changes in population size/growth rate for L. lutraria and T. philippinaru is highly likely to be insignificant and extremely unlikely to be detectable against background variability for these populations. This assessment has been made based on the following:

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 The retained species being assessed are widely and commonly distributed throughout the North East Atlantic;  The spatial overlap of the fishery is low (<1% of Dutch inshore waters and significantly less than 1% of retained species distribution), A SICA consequence score of 1 is awarded, with a MSC equivalent score of 100. A PSA has therefore not been undertaken. References Goudswaard, P.C., K.J. Perdon, J.J. Kesteloo, J. Jol, C. Van Zweeden, E. Hartog, J.M.J Jansen & K. Troost. 2010. Schelpdieren in de Nederlandse kustwateren, een kwantitatieve en kwalitatieve bestandsopname in 2010. IMARES 1 institute for Marine Resources & Ecosystem Studies Keus, B.J., 2009. Habitattoets Ensisvisserij Natura 2000 gebieden Voordelta en Noordzeekustzone Visplan Ensisvisserij. 2011-2012. Ensis fishing plan 2011-2012 Heijer, W. den. 2011. Bycatch sampling in the Dutch fishery for razor shells Ensis directus

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Table 1.2.1.c Scoring Template for PI 2.2.1 Bycatch Species Risk-causing activities Temporal Spatial scale Intensity of Relevant Performance Indicator from fishery under scale of Consequence score MSC Score of activity activities subcomponents assessment activity

PRINCIPLE TWO:  Fishing Population size 2 80 Bycatch Species Outcome Reproductive capacity Species: Main: Echinocardium 1 5 2 cordatum and Ophiura spp. Age/size/sex Minor: See below structure

Geographic range

Rationale: Bycatch sampling indicates that sea potato Echinocardium cordatum and brittle star Ophiura species are main bycatch species representing respectively 12.7% and 9.8% of the catch by number of individuals.

Minor bycatch species include common starfish Asterias rubens (1.6% of catch), swimming crab Portunus depurator (0.5%), masked crab Corystes cassivelaunus (0.2%), common hermit crab Eupagurus bernhardus (0.2%), brown shrimp Crangon crangon (0.5%), tube worm Lanice conchilega (4.3%), lugworm Arenicola marina (0.5%), brustleworm Scloloplos armiger (0.6%), ragworm Nereis diversicolor (0.5%), burrowing shrimp Callianassa subterranean (0.3%), sea anemone (species unknown) (0.1%) and flat worm (species unknown) (0.1%). Consultation with a range of stakeholders (including IMARES, Ministry EL&I, Fisheries Directorate and North Sea Foundation) during the site visit did not determine one species to be of more concern over any other. Consultation did highlight concern around the level of unknown mortalities, however the Heijer (2011) report has somewhat informed this based on analysis of 10 samples from the Ensis dredge fishery. As described within Retained Species Outcome Status RBF assessment, the E.directus quota of 8,000 tonnes is likely to be fished across an area of 160 ha (based on catch rate of 5kg per m2), which is less than 1% of Dutch inshore waters are fished. This was corroborated with all stakeholders during site visit meetings. A score of 1 on the SICA spatial scale (<1%) is therefore appropriate.

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The Ensis fishery operates throughout the year working 5 days per week, weather dependent, with a maximum 2,400 hours fishing per year per vessel. This equates to a maximum of 200-250 days of fishing per year per vessel. On this basis a score of 5 on the SICA temporal scale (200-250 days) is appropriate. Based on the low spatial scale and the current number of permits available (8) and in operation (4), the fishery is considered to occur in a few locations, restricted by closed areas and evidence of the activity at these scales is rare. An intensity score of 2 (minor) is therefore appropriate. Based on the ecological importance of the Dutch inshore waters as a food resource for many wintering and migratory bird populations, the population size of the bycatch species is considered the most relevant subcomponent of the consequence assessment. The team assess that there may be possible detectable changes in the size/growth rate of bycatch species in locations fished by E. directus suction dredge fishery, however this impact is localized and minimal impact on overall population size and no impact to population dynamics are expected. Given the scale of discards (31.8% by number of individuals), which until the Heijer (2011) study had remained unknown, together with the lack of knowledge on survival rates it is considered appropriate to award a SICA consequence score of 2, with a MSC equivalent score of 80. A PSA has therefore not been undertaken. References Goudswaard, P.C., K.J. Perdon, J.J. Kesteloo, J. Jol, C. Van Zweeden, E. Hartog, J.M.J Jansen & K. Troost. 2010. Schelpdieren in de Nederlandse kustwateren, een kwantitatieve en kwalitatieve bestandsopname in 2010. IMARES 1 institute for Marine Resources & Ecosystem Studies. Heijer, W. den. 2011. Bycatch sampling in the Dutch fishery for razor shells Ensis directus

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Appendix 1.3 Conditions

There are four conditions for this fishery. Principle 1 Condition Condition 1 1.2.2 Well defined harvest control rules are in place

Score 75

There are a range of management regulations in place all of which act to limit Rationale exploitation rates consistent with the harvest strategy. However, whilst the management tools in use are well defined there are no explicit harvest control rules for this fishery and therefore SG 80a is not met. Condition Define explicit harvest control rules within the management plan to ensure that the exploitation rate is reduced as limit reference points are approached.

Year 1: Review the fishing plan with the objective of including well defined harvest Milestones control rules Resulting score: 75

Year 2: Include harvest control rules within the reviewed management plan Resulting score: 80 During the first year of certification options for the development of a harvest control Client action plan rule that is responsive to the size of the stock will be discussed with scientist, relevant stakeholders and the fishing companies involved. In the second year of certification a

harvest control rule that is controlling exploitation rate and includes limit reference points will be included in the revised management plan. Consultation on Information required under this condition should be compiled in consultation with condition relevant stakeholders

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Condition 2 1.2.3 Relevant information is collected to support the harvest strategy

Score 75

Information on the amount of razor shells discarded is not available. The mortality of Rationale razor shells that are discarded is expected to be high. Therefore the amount of razors discarded is needed to have a full estimation of fishing mortality.

Collect information on the amount of razor shells discarded from the overall catch in order to allow for estimation of total removals from the stock. Condition The estimation of the proportion of razor shells discarded should identify whether the proportion of razor shells discarded is significant as regards to stock size. If this is the case razor shell discards should be monitored on a regular basis.

Year 1: Collect information on the proportion of razor shells that are discarded. Resulting score: 75 Milestones Year 2-3: Make available results and analysis, together with determination of whether the proportion of razors discards is significant as regards to total stock size. If this is the case develop an annual monitoring program. Resulting score: 80 An independent scientific research organisation or scientist will be contracted to estimate the proportion of razor shells that are discarded in the first year of certification. The results will be presented to the team at the first surveillance visit. Client action plan During the second and third year of certification the estimation of discard levels will be continued. The results of first three years of monitoring will be analysed across years

and vessels and discussed with the relevant stakeholders. The results will be presented to the team at the third surveillance visit. In case the amount of razor shells discarded is regarded significant in relation to the total razor shell stock, discards will be monitored on an ongoing basis. Consultation on Information required under this condition should be compiled in consultation with condition relevant stakeholders

Principle 2 conditions Condition 3 2.2.2: There is a strategy in place for managing bycatch that is designed to ensure the 2.2.2 fishery does not pose a risk of serious or irreversible harm to bycatch populations

Score 60

There is no partial strategy for managing the interaction of the fishery with bycatch (discarded) species. Rationale Landing statistics do not allow determination of increased risk, since bycatch species are discarded prior to sorting on board and levels are unknown.

The 5% bycatch (of retained species) limit does not account for undersized or smaller species cleaned and discarded prior to sorting.

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2.2.2: There is a strategy in place for managing bycatch that is designed to ensure the 2.2.2 fishery does not pose a risk of serious or irreversible harm to bycatch populations

Develop management measures that specifically refer to issues in relation to bycatch Condition (discards) species and introduce on-going means to monitor, manage and reduce (where necessary) levels of bycatch.

In the case where management measures are considered unnecessary, this decision should be based on information across all grounds targeted on a fleet basis. Year 2: Make available results of discard monitoring and analysis, together with Milestones determination of whether management measures are necessary. Resulting score: 2.2.2: 60

Year 3: Development and implement management measures, where necessary. Resulting score: 2.2.2: 80 An independent scientific research organisation or scientist will be contracted to estimate discard levels in the razor shell fishery. The results will be presented to the team at the first surveillance visit. During the second and third year of certification the Client action plan estimation of discard levels will be continued. The results of first three years of monitoring will be analysed and discussed with the relevant stakeholders. The results

will be presented to the team at the third surveillance visit. In case discards are regarded significant in relation to the populations of by-catch populations discards will be monitored on an ongoing basis and management measures will be implemented if necessary. Consultation on Determination of whether management measures are necessary should be made in condition consultation with relevant stakeholders

Condition 4 2.2.3: Information on the nature and the amount of bycatch is adequate to 2.2.3 determine the risk posed by the fishery and the effectiveness of the strategy to manage bycatch

Score 65

There is no partial strategy for managing the interaction of the fishery with bycatch (discarded) species. Rationale Landing statistics do not allow determination of increased risk, since bycatch species are discarded prior to sorting on board and levels are unknown. The 5% bycatch (of retained species) limit does not account for undersized or smaller species cleaned and discarded prior to sorting. Develop management measures that specifically refer to issues in relation to bycatch (discards) species and introduce on-going means to monitor, manage and reduce (where Condition necessary) levels of bycatch. In the case where management measures are considered unnecessary, this should be demonstrated through routine monitoring based on information across all grounds targeted on a fleet basis. Year 1:Develop and implement routine monitoring of bycatch (discards) Milestones Resulting score: 65 Year 2: Make available results and analysis, together with determination of whether management measures are necessary. Resulting score: 80

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2.2.3: Information on the nature and the amount of bycatch is adequate to 2.2.3 determine the risk posed by the fishery and the effectiveness of the strategy to manage bycatch

An independent scientific research organisation or scientist will be contracted to Client action plan estimate discard levels in the razor shell fishery. The results of this project will be discussed with the North Sea Foundation and presented to the assessment team. In case

discards are regarded significant in relation to the populations of bycatch populations discards will be monitored on an ongoing basis. Consultation on Information required under this condition should be compiled in consultation with condition relevant stakeholders

Condition 5 Information is adequate to determine the risk posed to habitat types by the fishery 2.4.3 and the effectiveness of the strategy to manage impacts on habitat types

Score 75

The following scoring issue is not met at SG80: Sufficient data are available to allow the nature of the impacts of the fishery on habitat types to be identified and there is reliable Rationale information on the spatial extent of interaction, and the timing and location of use of the fishing gear. Reliable information, such as VMS data, have not been provided to determine the spatial extent of interaction and timing and location of the fishing gear. Condition Produce maps of spatial extent, timing and location of fishing operations including overlay with habitat base maps including locations of SACs.

Milestones Year 1: Provide evidence of mapping of spatial extent, timing and location of fishing operations including overlay with habitat base maps including locations of SACs.

Resulting score: 80 Client action plan VMS data showing the spatial extent of the fishery will be collected. An overlay map showing VMS fishing tracks, closed areas and SACs and bottom habitats will be produced

and presented to the team at the first surveillance audit. Consultation on Information required under this condition should be compiled in consultation with condition relevant stakeholders

Principle 3 conditions Condition 6 The management system has effective consultation processes that are open to interested and affected parties. 3.1.2 The roles and responsibilities of organisations and individuals who are involved in the management process are clear and understood by all relevant parties

Score 75

Rationale The consultation process has not provided opportunity for all interested and affected parties to be involved. The North Sea Foundation was not involved in a decision to increase the number of

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The management system has effective consultation processes that are open to interested and affected parties. 3.1.2 The roles and responsibilities of organisations and individuals who are involved in the management process are clear and understood by all relevant parties licences in this fishery, from 5 to 8 in 2006, and was only informed after the decision had been taken. The NSF subsequently opposed this decision. Further involvement of the Foundation in development of the annual fishing plan is not formalised.

Condition Implement mechanisms to ensure that relevant stakeholders are consulted in fisheries management decision making processes

Year 1: Develop a mechanism to ensure that relevant stakeholders are consulted in the fisheries management decision making process. Milestones Score: 75 Year 2-5: Implement a mechanism in which all relevant stakeholders are consulted in fisheries management decision making processes. Score: 80

Client action plan Prior to the annual application for a fishing permit under the Nature Conservation Act the North Sea Foundation will be consulted about the next year annual fishing plan. Client will also ensure that relevant stakeholders will be consulted in case of changes in the management system of the razor shell fishery. Consultation on Consultation with all relevant stakeholders should be made to allow for a consultation mechanism condition to be developed.

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Appendix 2. Peer Review Reports Peer Reviewer 1

Overall Opinion Has the assessment team arrived at an appropriate Yes Certification Body Response conclusion based on the evidence presented in the assessment report? Justification: (1) See below responses to comments on P3 The scores, with one exception under Principle 3, are well justified (1). The conclusion that the fishery be certified is entirely justified. The assessment team appears to have been very conservative in their scoring, however, and in several cases higher scores could apparently be justified – especially when comparing such a carefully managed fishery with most other fisheries in deeper water.

Do you think the condition(s) raised are Yes Certification Body Response appropriately written to achieve the SG80 outcome within the specified timeframe?

Justification: The estimation of the proportion of razor The Conditions raised are generally appropriate, although the shells discarded should identify whether the requirements for ongoing monitoring of discarding may be overly proportion of razor shells discarded is onerous if these issues can be investigated and shown to be of significant as regards to stock size. ONLY If appropriately low risk – especially given the monitoring of the stock this is the case razor shell discards should be and fishery. monitored on a regular basis.

If included: Do you think the client action plan is sufficient to Yes Certification Body Response close the conditions raised? Justification: Not further comments The client Action Plan addresses the Conditions in a pragmatic and effective manner.

General Comments on the Assessment Report (optional) The report is well presented and thorough. The scoring is well justified if somewhat conservative/precautionary in places; benchmarking scores between fisheries is always a challenge, but this does at least add comfort to the recommendation to certify this fishery.

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Performance Indicator Review Please complete the table below for each Performance Indicator which are listed in the Certification Body’s Public Certification Draft Report.

Performance Has all the Does the Will the Justification Certification Body Response Indicator relevant information condition(s) Please support your answers by referring to specific scoring issues and any relevant information and/or rationale raised improve documentation where possible. Please attach available been used to score this the fishery’s additional pages if necessary. used to score this Indicator support performance to Indicator? the given score? the SG80 level? (Yes/No) (Yes/No) (Yes/No/NA)

1.1.1 Yes Yes n/a Although not conventional reference Not further comments points, the maximum exploitation rate provides an effective and precautionary proxy for both a limit and target reference point

1.1.2 Yes Yes n/a As above. The fact that the Not further comments. exploitation rate is set at such a precautionary level to maintain the conservation status of the Natura 2000 sites suggests that all the SG100 issues may be met. The team appear, therefore, to have been precautionary in their scoring.

1.1.3 Yes Yes n/a The stock is not depleted. This PI is Not further comments therefore not scored.

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Performance Has all the Does the Will the Justification Certification Body Response Indicator relevant information condition(s) Please support your answers by referring to specific scoring issues and any relevant information and/or rationale raised improve documentation where possible. Please attach available been used to score this the fishery’s additional pages if necessary. used to score this Indicator support performance to Indicator? the given score? the SG80 level? (Yes/No) (Yes/No) (Yes/No/NA)

1.2.1 Yes Yes n/a The scoring appears entirely Not further comments consistent with SG requirements.

1.2.2 Yes Yes n/a 100 a) not present, and ‘Met?’ (1) 100 a has been revomed from PI 1.2.2 incorrect? (1) (see CR v 1.2). A score of 80+ seem appropriate. In (2) A wide range of uncertainty has not bein relation to global fisheries, not g taken into account. achieving 100 b for a fishery in which the stock can readily be surveyed very accurately seems very conservative scoring (2).

1.2.3 Yes Yes Yes Again scoring seems very The estimation of the proportion of razor shells conservative – see comments above. discarded should identify whether the proportion The Condition is appropriate, of razor shells discarded is significant as regards to although the requirement to stock size. ONLY If this is the case razor shell monitor discards ‘regularly’ may be discards should be monitored on a regular basis. overly onerous if the effect of such

discarding is minor/negligible. The CAP addresses this issue and seems entirely suitable.

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Performance Has all the Does the Will the Justification Certification Body Response Indicator relevant information condition(s) Please support your answers by referring to specific scoring issues and any relevant information and/or rationale raised improve documentation where possible. Please attach available been used to score this the fishery’s additional pages if necessary. used to score this Indicator support performance to Indicator? the given score? the SG80 level? (Yes/No) (Yes/No) (Yes/No/NA)

1.2.4 Yes Yes n/a The SG80 requirements are clearly Fishery data is not used in the assessment. met. The evidence could support Information on the fishery is considered relevant meeting of 100 a) at least, given the due to the risk of local depletion that sedentary accuracy of a directed, species are subject to. Therefore 100 a is not met. comprehensive, survey of a relatively immobile species.

2.1.1 Yes Yes n/a See RBF comments below. No further comment.

2.1.2 Yes Yes n/a Scoring appears entirely consistent No further comment. with SG requirements.

2.1.3 Yes Yes n/a Scoring appears entirely consistent No further comment. with SG requirements.

2.2.1 Yes Yes n/a RBF is used for this PI – see below No further comment.

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Performance Has all the Does the Will the Justification Certification Body Response Indicator relevant information condition(s) Please support your answers by referring to specific scoring issues and any relevant information and/or rationale raised improve documentation where possible. Please attach available been used to score this the fishery’s additional pages if necessary. used to score this Indicator support performance to Indicator? the given score? the SG80 level? (Yes/No) (Yes/No) (Yes/No/NA)

2.2.2 Yes Yes Yes A ‘precautionary’ interpretation of The effectiveness of the measures with regard to the information and SG managing bycatch is unknown and therefore it is requirements supprt the score, not appropriate to consider them as a partial although the measures could be strategy. more liberally interpreted to form a The condition states ongoing monitoring, partial strategy, and hence a higher management and reduction of discarding where score. As for PI 1.2.3, the Condition necessary. If sufficient evidence is provided at the is appropriate, although the first surveillance audit to demonstrate low risk requirement for ongoing monitoring and ongoing monitoring is not necessary then the may be overly onerous if the effect condition can be closed. of such discarding is minor/negligible. The CAP addresses this issue and seems entirely suitable.

2.2.3 Yes Yes Yes Although the argument presented The only information available to inform the above may lead to an increased bycatch assessment comes from a very small scale score, a conditional pass on this PI research study (Heijer, 2011). This is considered appears appropriate. Discussion of to be a significant gap in the assessment of the Condition as for PI 2.2.2. impact of the fishery and therefore a score of 65 is considered appropriate. Comments on condition as above.

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Performance Has all the Does the Will the Justification Certification Body Response Indicator relevant information condition(s) Please support your answers by referring to specific scoring issues and any relevant information and/or rationale raised improve documentation where possible. Please attach available been used to score this the fishery’s additional pages if necessary. used to score this Indicator support performance to Indicator? the given score? the SG80 level? (Yes/No) (Yes/No) (Yes/No/NA)

2.3.1 Yes Yes n/a Effects on ETP species are well No further comment. considered and a score of 100 appears entirely consistent. It is noted that direct effects are generally related to mortality resulting from contact with fishing gear; indirect effects would be related to disturbance or removal of food resource.

2.3.2 Yes Yes n/a This PI scored 95 which is a There is no clear evidence directly relating to the conservative appraisal – maintaining UoC that would allow any attribution of change in food resources and avoiding bird populations to be linked with the Ensis disturbance would be expected to fishery. Therefore 100 c) is not met and 95 is achieve Ensis-fishery objectives re appropriate score. bird populations.

2.3.3 Yes Yes n/a The SG 100 b) and c) look to assess The lack of specific evidence on the role that Ensis the effects of impacts, mortality and plays in relation to bird population dynamics injury. As these would not occur with means that 100 b and c are not met and a score of this fishery (potential effects are all 85 is appropriate. indirect and controlled), the information may support a score greater than that given.

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Performance Has all the Does the Will the Justification Certification Body Response Indicator relevant information condition(s) Please support your answers by referring to specific scoring issues and any relevant information and/or rationale raised improve documentation where possible. Please attach available been used to score this the fishery’s additional pages if necessary. used to score this Indicator support performance to Indicator? the given score? the SG80 level? (Yes/No) (Yes/No) (Yes/No/NA)

2.4.1 Yes Yes n/a Given the MSC criteria for serious or Agreed, however there is no evidence on how the irreversible harm, and the Ensis fishery impacts habitats locally. This issue widespread occurrence of was raised during stakeholder consutlation with unaffected (similar) habitat locally the North Sea Foundation and through a written and regionally, a score of 80 seems submission from WWF. Overall a score of 80 is very precautionary. considered appropriate.

2.4.2 Yes Yes n/a The measures in place are largely Key reasons why SG 100 is not met are: habitat-specific and so could be  Localized habitat impacts are not interpreted as a strategy. All fishing comprehensively understood. gear contacting the sea bed will have a localised impact; in the context of  Mapping of the Ensis fishery across global fisheries, this case appears habitat types was not available. very well managed and so a higher  score could be appropriate. Latent effort exists due to 4 unused permits. In addition, as above, concern was raised verbally by the North Sea Foundation and in a written statement from WWF concerning localized habitat impacts. Overall a score of 80 is considered appropriate.

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Performance Has all the Does the Will the Justification Certification Body Response Indicator relevant information condition(s) Please support your answers by referring to specific scoring issues and any relevant information and/or rationale raised improve documentation where possible. Please attach available been used to score this the fishery’s additional pages if necessary. used to score this Indicator support performance to Indicator? the given score? the SG80 level? (Yes/No) (Yes/No) (Yes/No/NA)

2.4.3 Yes Yes Yes Scoring appears entirely consistent No further comment. with SG requirements. The Condition and Client Action Plan are entirely appropriate.

2.5.1 Yes Yes n/a The scoring is fully supported, but in The full extent of the ecological role of Ensis is relation to global fisheries the unknown, and so a score of 80 is considered information available here could be appropriate. interpreted to justify a score of 100.

2.5.2 Yes Yes n/a The scoring is well justified. No further comment.

2.5.3 Yes Yes n/a The score of 80 is supported. The Detailed investigations into the ecological role justification for not awarding 100 a) played by Ensis in the Dutch EEZ and the potential (and other issues) is that this is an impact of the fishery on this role have not been introduced species. Nevertheless, it undertaken. This type of study is currently has been accepted as a functional underway in the Belgian EEZ, therefore part of the existing ecosystem and so highlighting potential for such research to be it is not clear what additional undertaken. measures would apply to address its A score of 80 is considered appropriate. introduced status. A higher score could be justified on this basis.

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Performance Has all the Does the Will the Justification Certification Body Response Indicator relevant information condition(s) Please support your answers by referring to specific scoring issues and any relevant information and/or rationale raised improve documentation where possible. Please attach available been used to score this the fishery’s additional pages if necessary. used to score this Indicator support performance to Indicator? the given score? the SG80 level? (Yes/No) (Yes/No) (Yes/No/NA)

3.1.1 Yes Yes n/a The score is well defended in the 100 d is not met. The following text has been commentary; indeed, for 100 d) the added to justify it: “..However, a formal text suggests that this issue may be commitment to legal rights established for people met (and so a score of 100)? dependent on fishing for livelihood is not given by the Dutch state.”

3.1.2 Yes Yes Yes The score is adequately justified. For I would defend the score of 75 based on the fact 80 c), however, it is noted that NSF that NSF were not provided with the opportunity were involved in drawing up the to be involved in the earlier review that led to an original management plan; it could increase in licence numbers and towing speed. be considered under this SG whether NGOs have a ‘right’ to be involved in management, or should only be given an ‘opportunity for involvement’ in management. This could usefully be considered in relation to other MSC assessments. Notwithstanding the above, the Condition and Client Action Plan are entirely appropriate.

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Performance Has all the Does the Will the Justification Certification Body Response Indicator relevant information condition(s) Please support your answers by referring to specific scoring issues and any relevant information and/or rationale raised improve documentation where possible. Please attach available been used to score this the fishery’s additional pages if necessary. used to score this Indicator support performance to Indicator? the given score? the SG80 level? (Yes/No) (Yes/No) (Yes/No/NA)

3.1.3 Yes Yes n/a The score is fully justified. No further comments

3.1.4 Yes Yes n/a This is a difficult PI to consider in No further comments such small inshore fisheries. The scoring and justification seem entirely appropriate.

3.2.1 Yes Yes n/a The score of 90 is justified. However, The Team considered that an score of 100 was not the adequacy of the 8000t TAC has deserved for a fishery where objectives do not been considered earlier under PI include reducing fishing opportunity, even in the 1.2.1 100 b) and lowering the score event of a catastrophic reduction in natural under this PI because of the same recruitment. issue may not be appropriate?

3.2.2 Yes Yes n/a The score of 80 is justified. No Further comments

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Performance Has all the Does the Will the Justification Certification Body Response Indicator relevant information condition(s) Please support your answers by referring to specific scoring issues and any relevant information and/or rationale raised improve documentation where possible. Please attach available been used to score this the fishery’s additional pages if necessary. used to score this Indicator support performance to Indicator? the given score? the SG80 level? (Yes/No) (Yes/No) (Yes/No/NA)

3.2.3 Yes Yes n/a The score awarded of 100 is Score downgraded as a result of commetns made considered to be justified. by Peer review 2.

3.2.4 Yes Yes n/a A score of 80 is fully supported. Agreed that possibly 100(b) is met, and the fact Mention could also be made here of that this plan is ‘not comprehensive’ may not be a

research directed towards the relevant observation. However, the ‘Fishing Plan’ European Sites (addressing P2). This, is not a ‘Research plan’, and whilst it makes together with the Ensis fishing plan refernce to monitoring and evaluation, this is not may meet SG100 issues in whole or ‘research’. The only research referred to in the part. It is also questioned whether plan relates to breakage of shells during fishing fishery related research could ever operations. be fully comprehensive, or does

SG100 just require sufficient research to meet the overall Antonio, I am open to arguments to re-score this objectives of the MSC Principles. at 90, but notwithstanding other research relating Given the resource requirements to Natura 2000, feel more comfortable at 80. necessary, the latter may be more

appropriate.

3.2.5 No No n/a The discussion under SG80 a) Accepted. Text should be amended to say appears more relevant to PI 3.2.3 “……key parts of the management system, and does not really address the internally within the PO, externally via requirements of this PI. Rather, Appropriate Assessments required under the mention should be made here of Habitats Directive, and through reviews of the ongoing monitoring and review of

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Performance Has all the Does the Will the Justification Certification Body Response Indicator relevant information condition(s) Please support your answers by referring to specific scoring issues and any relevant information and/or rationale raised improve documentation where possible. Please attach available been used to score this the fishery’s additional pages if necessary. used to score this Indicator support performance to Indicator? the given score? the SG80 level? (Yes/No) (Yes/No) (Yes/No/NA)

the success of management of the Ensis Fishing Plan. The PO has made available, or European Sites (which will be given permission for the use of data such as VMS reported to the EC) and the reviews which can be used to determine……” of the Ensis Fishing Plan. These

would be expected to meet the SG80 requirements and possibly (but not Howevere, score remains unchanged at 80. necessarily certainly) the requirements of SG100 a).

Comments Certification Body Response

The ISBF justification could more closely follow the requirements of CR Annex CJ to The ISBF justification is fully given in section 3.1.2 justify the assessment of this introduced species.

Under Section 3.2.2 Management History – it would be useful to clarify the Data from the fishing industry lists otter shells Lutraria lutraria and venus shells significance of the management plan for 2011-2012 (although it is noted that this is Tapes philippinaru as species occasionally retained within the Ensis directus fishery. expanded upon further in the report)? Ensis ensis was included within the assessment of retained species as a result of one As there is an 8000 t limit, reported catches of 37,500 t is assumed to be a typo. processor, visited during the site visit, incorrectly labelling the product as E. ensis. The team have since established with certainty that this was E. directus and that E. Ensis ensis retained bycatch occurs. May this be an Inseparable or Practicably ensis is not landed in conjunction with the fishery. The following provides evidence Inseparable species? that E. ensis is not landed within the E. directus fishery:  Discard sampling to species level did not record any occurrence of E. ensis (Heijer, 2011)

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Comments Certification Body Response  IMARES stock assessments for Ensis, Spisula subtruncata, Cerastoderma edule, Mytilus edulis, L. lutraria, Donax vittatus, S. solida, S. elliptica, Venerupis senegalensis, and Chamelea striatula refer to rare occurrences of E. ensis within sampling, and when found it is usually not intact i.e. part or empty shells (Goudswaard et al., 2010).  E. directus are thought to have replaced local Ensis species in coastal waters, where the E. directus fishery takes place [but cannot be held responsible for their rarefaction further offshore] (van Lancker et al, 2011). Based on the above E. ensis has been removed from the retained species PI.

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For reports using the Risk-Based Framework:

Performance Does the report Are the RBF risk Justification: Certification Body Response: Indicator clearly explain scores well- Please support your answers by referring to specific scoring how the process referenced? issues and any relevant documentation where possible. used to Yes/No Please attach additional pages if necessary. determine risk using the RBF led to the stated outcome? Yes/No Yes Yes SICA process well described and justified – although the No further comment. 2.1.1 most sensitive species is not specified, it is assumed that the three species considered were thought to be equally sensitive. This is not unreasonable. PSA not used. Yes Yes SICA process well described and justified. A consequence No further comment. 2.2.1 score of 80 appears somewhat precautionary, given the limited scale of the fishery, but the scoring is justified.

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Peer Reviewer 2

Overall Opinion Has the assessment team arrived at an appropriate Yes/No Certification Body Response conclusion based on the evidence presented in the assessment report? Justification: (1) This is addressed in the condition raised under PI 1.2.2 where harvest control rules I believe that the assessment team has arrived at the appropriate are to be defined within the management conclusion based on the evidence presented. The Ensis fishery is a plan to control fishing effort. relatively low intensity and geographically restricted fishery with a precautionary maximum allowable catch which is significantly below (2) The team agrees with the peer on raising the level at which it could impact on recruitment to the fishery. a condition on PI 1.2.2. However PI 3.2.5 Although there is a lack of explicit reference points, there is an score remains unchanged. Responses and implicitly sound, precautionary harvesting system in place. As there rationale for these decisions are detailed are no individual vessel quotas and some dormant licences, there is under each PI review. potentially some latent fishing effort, which might need to be addressed in the management plan (1). Recent appropriate assessments form the main source of information for P2, and although the nature and extent of the fishery suggest that it is highly unlikely that there will be any impact of the fishery, a greater knowledge of the role of Ensis in the ecosystem is required. There is a lack of information on discards, bycatch levels and management, information on spatial extent of the fishery in relation to habitat features, and deficiencies in the consultation processes, and it is entirely appropriate therefore that there are conditions attached to the certification. In general I agree with the scores allocated by the assessment team. However the lack of an explicit harvest control rule (PI 1.2.2) and the apparent lack of any occasional external peer review of the Ensis fishery plan (PI 3.2.5) should give rise to additional conditions. (2)

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Do you think the condition(s) raised are No Certification Body Response appropriately written to achieve the SG80 outcome within the specified timeframe? Justification: (1) Condition has been stringented as a result of peer review and action Condition 1. Discards. plan modified to account for new A lack of information on discards in the Ensis fishery is a major gap timelines. in information and consequently it is not possible to make a full (2) The MSC assessment methodology estimation of total removals from the stock. This condition is establishes that one condition is to therefore highly appropriate. However I think that the required be raised for each of the PIs that time frame is not sufficiently stringent (1). I would expect to see does not meet the 80 score mark. some general information collected in year 1 as proposed, but then by the end of year 3, I would expect to see an analysis of discard mortalities across years and vessels, and if the proportion of discards is found to be significant, then by the end of year 3 an annual monitoring programme should have been developed. This would allow the fishery management plan to be adapted as required to reduce discard rates if deemed necessary. Condition 2 Strategy on managing bycatch. This condition is appropriate to ensure that SG80 is reached because there are potentially significant amounts of bycatch caught and discarded before landing for which little information is available, and which need to be considered as a component of the management strategy. The time frame suggested is appropriate. Condition 3. Information on bycatch. The condition and its timeframe are appropriate. Consideration should be given to amalgamating conditions 2 and 3 (2). Condition 4. Information on risk posed to the habitat by the fishery. The condition and its time frame are appropriate. Condition 5. Consultation processes. The condition and its time frame are appropriate. If included: Do you think the client action plan is sufficient to Yes Certification Body Response close the conditions raised? Justification: (1) Revised to account for new timelines. Condition1. Discards (2) All stakeholders to be consulted as As currently written, the Client Action Plan would be sufficient to proposed by the peer review close the conditions raised. The Client would need to revise the process. This is now stated in Action Plan if the suggestions made above are taken up by the client action plan assessment team (1). Condition 2. Strategy on managing bycatch. The Client Action Plan is sufficient to close the conditions raised. Condition 3. Information on bycatch. The Client Action Plan is sufficient to close the conditions raised. Condition 4. Information on risk posed to the habitat by the fishery. The Client Action Plan is sufficient to close the conditions raised.

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Condition 5. Consultation processes. All stakeholders, not just the North Sea Foundation, should be consulted about the next year annual fishing plan. Otherwise, the Client Action Plan is sufficient to close the conditions raised (2).

For reports using the Risk-Based Framework please follow the link. For reports assessing enhanced fisheries please follow the link.

General Comments on the Assessment Report (optional)

Many of the key sources of information used by the assessment team are not readily available, which makes it difficult for the reader to refer to the source. These include the annual IMARES stock assessment, the Ensis Fishery Plan 2011-2012, the Joint Management Plan developed by the Ensis Fisheries and the North Sea Foundation and the LNV 2005-2020 National Shellfish Policy Plan. It would be helpful to have electronic links to these documents or at least more detailed descriptions of the key elements of these documents should be provided in the background information section of the assessment report. FCI: Electronic copies provided. One of the key calculations undertaken concerns the annual potential and actual exploitation rates based on biomass estimates from the annual survey, and the maximum allowable catch and the actual landings data. These are given in tables 3.3 to 3.5, but only stock abundance data are presented and not stock biomass which makes it impossible to check the calculations of exploitation rate. FCI: Calculation was carried out by converting total allowance catch and landings into number of by assuming an average weight per animal of 25grms. This has been clarified in Tables 3.3- 3.5. There is a maximum allowable catch of 8000 tonnes, and in recent years the actual landings have been significantly lower than 8000 tonnes. However there are no individual vessel quotas, and as there are 4 dormant licenses, there is potentially significant latent effort in the fishery which could put pressure on the maximum allowable catch, and increase the likelihood of any impact of the fishery. FCI: The existence of a Maximum allowance catch and harvest control rules to be introduced in the fishing plan (as a result of the condition raised) ensure that latent fishing effort does not pose a risk to the sustainability of the fishery. In relation to P2, the decision to use the risk-based framework (RBF) for retained species and bycatch species is justified, and I agree that there is no need to include additional scoring elements under 2.5.2 and 2.5.3 in relation to potential impacts on the ecosystem of an introduced species.

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Performance Indicator Review Please complete the table below for each Performance Indicator which are listed in the Certification Body’s Public Certification Draft Report.

Performance Has all the Does the Will the Justification Certification Body Response Indicator relevant information condition(s) Please support your answers by referring to specific scoring issues and any relevant information and/or rationale raised improve documentation where possible. Please attach available been used to score this the fishery’s additional pages if necessary. used to score this Indicator support performance to Indicator? the given score? the SG80 level? (Yes/No) (Yes/No) (Yes/No/NA)

1.1.1 Yes Yes NA The fishery has been operating at a (1) Corrected very low exploitation rate in recent (2) Corrected years. At current stock levels, the maximum annual quota represents an exploitation rate of the total Dutch adult stock (>12cm) of less than 5%, and in practice the actual exploitation rate is even lower as the maximum annual quota is never taken up. In addition, calculated exploitation rates are based on adult stock over 120 mm in length (the current commercial minimum size), but E. directus reaches maturity at 80-100 mm, so there is also reproductive potential within the “sub-legal” component of the stock. I agree therefore with the score of 100 as there is a high degree of certainty that the stock is currently above the point at which recruitment would be impaired and the recent landings have

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Performance Has all the Does the Will the Justification Certification Body Response Indicator relevant information condition(s) Please support your answers by referring to specific scoring issues and any relevant information and/or rationale raised improve documentation where possible. Please attach available been used to score this the fishery’s additional pages if necessary. used to score this Indicator support performance to Indicator? the given score? the SG80 level? (Yes/No) (Yes/No) (Yes/No/NA)

been well below the precautionary maximum annual catch. However I do not entirely agree with the target and reference points identified by the assessment team. The only defined harvesting regulation is a TAC of 8000 tonnes, which I would identify as a limit reference point. This equates at current stock levels to an exploitation rate of between 2% and 5% of the total exploitable stock. Exploitation rate is not therefore strictly a reference point as it varies from year to year dependent on the results of the annual survey, although it could be argued that there is an implicit target reference point of an exploitation rate of 2 to 5%. The exploitation rates for the total fishery are given as varying between 0.9% and 1.2%, but Table 3.2. shows exploitation rates varying between 0.98% and 1.61% (1).

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Performance Has all the Does the Will the Justification Certification Body Response Indicator relevant information condition(s) Please support your answers by referring to specific scoring issues and any relevant information and/or rationale raised improve documentation where possible. Please attach available been used to score this the fishery’s additional pages if necessary. used to score this Indicator support performance to Indicator? the given score? the SG80 level? (Yes/No) (Yes/No) (Yes/No/NA)

There is a formatting problem for 2006 in the table of landings (2).

1.1.2 Yes Yes NA Whilst there are no explicit target amd (1) Corrected and included in the reference limit reference points, I agree that the list maximum allowable catch and the consequent exploitation rates act as proxies for reference points and ensure that the stock is maintained at or above Bmsy and that there is no risk that the fishery will impair reproductive capacity. Although precautionary, the maximum allowable catch does not take into account the ecological role of the stock with a high degree of certainty and so the score of 90 is justified. The Haddon (2001) equation needs to be stated correctly and should be included in the reference list (1) .

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Performance Has all the Does the Will the Justification Certification Body Response Indicator relevant information condition(s) Please support your answers by referring to specific scoring issues and any relevant information and/or rationale raised improve documentation where possible. Please attach available been used to score this the fishery’s additional pages if necessary. used to score this Indicator support performance to Indicator? the given score? the SG80 level? (Yes/No) (Yes/No) (Yes/No/NA)

1.1.3 NA NA NA

1.2.1 Yes Yes NA There is a robust and precautionary (1) Provided in the reference list and PI harvest strategy in place, but it has not scoring table. been fully evaluated and so I agree that the SG 100 is not achieved. A link to the IMARES stock assessment report and the latest Ensis Fishing Plan should be provided (1).

1.2.2 Yes No NA There are a range of management (1) The team agrees with the peer review regulations in place including an and a condition has been raised as annual maximum allowable catch, result of it. limited entry, effort limitation, a minimium landing size and gear restrictions, all of which act to limit exploitation rates consistent with the harvest strategy. The healthy state of the stock provides evidence that the tools in use are appropriate and effective in controlling exploitation. However, whilst the management tools are well-defined, there is no explicit harvest control rule for this

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Performance Has all the Does the Will the Justification Certification Body Response Indicator relevant information condition(s) Please support your answers by referring to specific scoring issues and any relevant information and/or rationale raised improve documentation where possible. Please attach available been used to score this the fishery’s additional pages if necessary. used to score this Indicator support performance to Indicator? the given score? the SG80 level? (Yes/No) (Yes/No) (Yes/No/NA)

fishery. On that basis I do not think that SG 80a is met and that the fishery should therefore score less than 80, and that a condition should be attached (1).

1.2.3 Yes Yes Yes, but the Sufficient but not comprehensive No further comments timeline needs relevant information is available to to be re- support the harvest strategy, but the assessed. lack of information on discards is a major gap and justifies the raising of a condition.

1.2.4 Yes Yes NA There is an assessment of stock status No further comments using research surveys, but this does not meet any of the SG100 criteria.

2.1.1 RBF used RBF used NA NA No further comment.

2.1.2 Yes Yes NA There is a sound strategy in place to No further comment. manage retained species and it is being implemented successfully. However there is no evidence that the strategy is actually achieving its aim.

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Performance Has all the Does the Will the Justification Certification Body Response Indicator relevant information condition(s) Please support your answers by referring to specific scoring issues and any relevant information and/or rationale raised improve documentation where possible. Please attach available been used to score this the fishery’s additional pages if necessary. used to score this Indicator support performance to Indicator? the given score? the SG80 level? (Yes/No) (Yes/No) (Yes/No/NA)

So a score of less than 100 is appropriate.

2.1.3 Yes Yes NA Statistics for all retained species are No further comment. recorded but are not necessarily readily available and there is not sufficient information available to evaluate whether the strategy is working.

2.2.1 RBF used RBF used NA No further comment.

2.2.2 Yes Yes Yes There are measures in place which are No further comment. likely to work, but there is no explicit strategy to manage bycatch, so a score of 60 is justified and a condition is appropriate.

2.2.3 Yes Yes Yes There is no strategy to manage No further comment. bycatch species, and the only information available comes from a very small scale research study (Heijer, 2011). This is a major gap in the assessment of the impact of the

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Performance Has all the Does the Will the Justification Certification Body Response Indicator relevant information condition(s) Please support your answers by referring to specific scoring issues and any relevant information and/or rationale raised improve documentation where possible. Please attach available been used to score this the fishery’s additional pages if necessary. used to score this Indicator support performance to Indicator? the given score? the SG80 level? (Yes/No) (Yes/No) (Yes/No/NA)

fishery and it is therefore highly appropriate for a condition to be raised.

2.3.1 Yes Yes NA This PI has been comprehensively No further comment. evaluated during the appropriate assessments carried out in 2005 and 2009 which concluded that there was a high degree of certainty that any effects of the fishery are within prescribed limits and that there are no significant direct or indirect effects of the fishery on ETP species.

2.3.2 Yes Yes NA Despite the successful implementation No further comment. of a comprehensive strategy to manage the fishery’s impact on ETP species, it would be almost impossible to attribute changes in ETP species numbers to the Ensis fishery, particularly for migratory species, and so the fishery does not meet the SG100 criteria.

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Performance Has all the Does the Will the Justification Certification Body Response Indicator relevant information condition(s) Please support your answers by referring to specific scoring issues and any relevant information and/or rationale raised improve documentation where possible. Please attach available been used to score this the fishery’s additional pages if necessary. used to score this Indicator support performance to Indicator? the given score? the SG80 level? (Yes/No) (Yes/No) (Yes/No/NA)

2.3.3 Yes Yes NA The lack of understanding of the role No further comment. that Ensis plays within the ecosystem particularly in relation to bird population dynamics justifies a score of 85.

2.4.1 Yes Yes NA Whilst it is highly unlikely that the No further comment. Ensis fishery will cause irrreversible damage to the habitat, the lack of research studies on the Ensis fishery within the Unit of Certification justifies a score of only 80.

2.4.2 Yes Yes NA There is a partial strategy in place No further comment. designed to ensure that the fishery does not cause irreversible harm to habitat types, but this is not comprehensive in that localised habitat interactions are not well understood. A score of 80 is appropriate.

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Performance Has all the Does the Will the Justification Certification Body Response Indicator relevant information condition(s) Please support your answers by referring to specific scoring issues and any relevant information and/or rationale raised improve documentation where possible. Please attach available been used to score this the fishery’s additional pages if necessary. used to score this Indicator support performance to Indicator? the given score? the SG80 level? (Yes/No) (Yes/No) (Yes/No/NA)

2.4.3 Yes Yes Yes I agree that this PI does not meet the No further comment. SG80 criteria. The required information appears to exist but it has not been made available, and it is appropriate therefore that a condition is raised.

2.5.1 Yes Yes Yes The scale and extent of the Ensis No further comment. fishery ensures that it is highly unlikely to cause irreversible harm to key elements of ecosystem structure and function, but the full extent of the ecological role of Ensis is unknown, and so a score of 80 is appropriate.

2.5.2 Yes Yes NA Again, there is a partial strategy in No further comment. place, but the nature of the ecological role of an invasive species such as Ensis directus, is not fully considered.

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Performance Has all the Does the Will the Justification Certification Body Response Indicator relevant information condition(s) Please support your answers by referring to specific scoring issues and any relevant information and/or rationale raised improve documentation where possible. Please attach available been used to score this the fishery’s additional pages if necessary. used to score this Indicator support performance to Indicator? the given score? the SG80 level? (Yes/No) (Yes/No) (Yes/No/NA)

2.5.3 Yes Yes NA Detailed understanding of the No further comment. ecological role played by Ensis and the potential impact of the fishery on this role are lacking, justifying the score of 80.

3.1.1 Yes No NA More detail is required under SG100d The following has been added to the justification to explain why this criterion is not text: “.However, a formal commitment to legal met. rights established for people dependent on fishing for livelihood is not given by the Dutch state.”

3.1.2 Yes Yes Yes The consultation process needs to be No further comments. formalised to ensure full engagement of all interested parties, and therefore the condition raised is appropriate.

3.1.3 Yes Yes NA Agree that SG100 is met, but more No further comments. details of the various policy plans and objectives should be provided in the background document.

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Performance Has all the Does the Will the Justification Certification Body Response Indicator relevant information condition(s) Please support your answers by referring to specific scoring issues and any relevant information and/or rationale raised improve documentation where possible. Please attach available been used to score this the fishery’s additional pages if necessary. used to score this Indicator support performance to Indicator? the given score? the SG80 level? (Yes/No) (Yes/No) (Yes/No/NA)

3.1.4 Yes Yes NA The Netherlands management policy No further comments does not explicitly include regular reviews of the economic and social incentives for sustainable fishing and so the SG100 criterion is not met.

3.2.1 Yes Yes NA I agree with the assessors that the No further comments. SG100 criterion has only been met partially and that a score of 90 is appropriate. The fixed maximum allowable catch is not flexible so cannot account for variability in recruitment, whereas a fixed exploitation rate would meet the requirement.

3.2.2 Yes Yes NA Decision-making processes in relation No further comments. to relevant research and engagement of all relevant stakeholders in that process could be improved justifying a score of 80.

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Performance Has all the Does the Will the Justification Certification Body Response Indicator relevant information condition(s) Please support your answers by referring to specific scoring issues and any relevant information and/or rationale raised improve documentation where possible. Please attach available been used to score this the fishery’s additional pages if necessary. used to score this Indicator support performance to Indicator? the given score? the SG80 level? (Yes/No) (Yes/No) (Yes/No/NA)

3.2.3 Yes No NA There is no evidence that sanctions to Agree and score downgraded to 95. deal with non-compliance in the Ensis fishery act as a deterrent. Sanctions may act as a deterrent in other Dutch fisheries, but they have not been required in this fishery to date, so it is unclear whether they act as a deterrent. A score of 100 is therefore too high.

3.2.4 Yes Yes NA The research plan is not No further comments. comprehensive and therefore a score of 80 is appropriate.

3.2.5 Yes No NA Whilst the appropriate assessments Accepted. Text should be amended to say are available to external review, no “……key parts of the management system, information has been presented that internally within the PO, externally via confirms whether or not the fishery- Appropriate Assessments required under the specific management system, i.e. the Habitats Directive, and through reviews of the Ensis fishing plan, has been subject to Ensis Fishing Plan. The PO has made available, or occasional external review. On that given permission for the use of data such as basis, the fishery does not fully meet VMS which can be used to determine……” the requirements of the SG80 score, and it may be appropriate to raise an additional condition to require

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Performance Has all the Does the Will the Justification Certification Body Response Indicator relevant information condition(s) Please support your answers by referring to specific scoring issues and any relevant information and/or rationale raised improve documentation where possible. Please attach available been used to score this the fishery’s additional pages if necessary. used to score this Indicator support performance to Indicator? the given score? the SG80 level? (Yes/No) (Yes/No) (Yes/No/NA)

periodic external peer reviews of the Howevere, score remains unchanged at 80. Ensis fishing plan.

Any Other Comments Comments Certification Body Response

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For reports using the Risk-Based Framework:

Performance Does the report Are the RBF risk Justification: Certification Body Response: Indicator clearly explain scores well- Please support your answers by referring to specific scoring how the process referenced? issues and any relevant documentation where possible. used to Yes/No Please attach additional pages if necessary. determine risk using the RBF led to the stated outcome? Yes/No NA NA NA 1.1.1

Yes Yes The SICA analysis provides a detailed rationale underlying Heijer (2011) has been added to the reference list 2.1.1 the assessment of the risk to retained species from fishing and referred to within the SICAA analysis. for E. directus. Quantitative information is available to allow robust estimates of the spatial and temporal scale of the activity. It could be argued that ‘Intensity of activities’ should score 3 rather than 2, but this is not important because these scores are used only to ‘inform’ the consequence score rather than being used to calculate it. I agree that the population size is the most relevant subcomponent of the consequence assessment and that it should be scored 1, with an MSC equivalent score of 100. There appeared to be consensus among a range of stakeholders at the SICA Workshop that this conclusion was valid. The Heijer (2011) study should be referenced. Yes Yes Except for the Heijer (2011) study which analysed only 10 No further comment. 2.2.1 samples from the dredge fishery, there is a lack of knowledge of bycatch mortality and its possible consequence for population size of the bycatch species, so a consequence score of 2 is appropriate.

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2.4.1 NA NA NA

2.5.1 NA NA NA

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Appendix 3. Stakeholder submissions a. Written submissions from stakeholders received during consultation opportunities on the announcement of full assessment, proposed assessment team membership, proposed peer reviewers, proposal on the use or modification of the default assessment tree and use of the RBF. None were received b. All written and a detailed summary of verbal submissions received during site visits pertaining to issues of concern material to the outcome of the assessment3 regarding the specific assessment. Summary of Information Obtained Information obtained and discussed was related to the scale (spatial and temporal) and intensity of the fishery under assessment. This information was used to assess the risk that the fishery poses on the non-target species (see SICA tables). Summary of Activities and Components Discussed / Evaluated The SICA method was presented to stakeholders and was used to provide the opportunity to all stakeholders to comment on risk scores. None of the stakeholders determined the risk that the fishery poses on the conservation of the stock as high. c. Explicit responses from the assessment team to submissions described in a. and b. above. The participation of stakeholders during the site visit was considered very relevant for the assessment of this fishery. However, no submissions from stakeholders were received. Information was obtained through discussions with stakeholders in relation to the sustainability of the fishery under assessment.

Appendix 3.1 Amendments made to the PCDR following stakeholder consultation

See below.

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MSC

Ref. Type of Page Requirement Reference Details PI Finding

3419 Major 6 CR-CJ1.2.1 The CAB shall include a The rationale provided for N/A statement on the fishery justifying that the fishery position in relation to the meets the ISBF criteria has scope criteria in all not included rationale assessment reports. against scope criteria C (2No further introductions2) in Table CJ1. The report needs to confirm that the introduction is not ongoing introduction. FCI response: The following text is included in section 3.1.2 which justifies CR-CJ1.2.1: The first strong cohort in Europe originated in 1979 in Germany where larvae were transferred with ballast water of tankers from the east coast of the USA in 1978 (Luczak, C et al., 1993). Its introduction happened as result of this event and there is no continuing introduction of Ensis directus in the North Sea. Since then, the species has spread rapidly in the North Sea reaching the Netherlands in 1982. The species is currently self-sustained in the North Sea. The free swimming larvae spread with the currents along the coast, occupying the free niche of clean sand in lower intertidal flats in the Wadden Sea. Furthermore, post larval stages may re-enter the water column for secondary dispersal in summer (Armonies, 1992).

3422 Major 52-53, CR-27.10.6 To contribute to the scoring The scoring table does not 1.1.1, 59, 64 of any PI, the team shall include a "Y" or "N" to 1.2.4, verify that each scoring indicate whether or not the 1.2.1 issue is fully and scoring issue is fully met unambiguously met FCI Response: Corrected

3423 Major 98-101 CR-CJ2.1.4 The CAB shall provide a The required rationale must 2.5.2 rationale to justify why no relate to the ecosystem measures to prevent impact of the species itself further impact on and not specifically the biodiversity are considered fishing of it. Therefore, the necessary in that particular rationale should refer to any fishery if there are no evidence or determination measures in place. that the presence of the species has (or does not have) an untoward impact on the ecosystem. FCI Response: The following has been included in PI 2.5.2 to justify that Ensis directus is not causing an impact on the ecosystem: Recent research titled “Ecosystem sensitivity to invasive species” undertaken by the Royal Belgian Institute of Natural Sciences investigated the ecological impact of E. directus in the Belgian part of the North Sea. The area investigated is adjacent to the Dutch fishery and therefore results are directly applicable to this assessment. The research found that (Houziaux et al., 2011): “The historical (1900) records of the Royal Belgian Institute of Natural Sciences (Dept. of

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Invertebrates,) showed that local species of Ensis (E. arcuatus, E. ensis and E. minor) used to occur predominantly off the western coast, further offshore than E. directus in the present-day. The alien perhaps replaced the local species in coastal waters but cannot be held responsible for their rarefaction further offshore. In the data-sets resulting from the surveys of summer 2008 and winter 2010, no clear pattern could be detected in multivariate ordinations, except perhaps a slight trend in epibenthic invertebrates which could result from the provision of numerous empty shells at the surface of the sediment.” The research concludes that no effect of the invader (E. directus) on local marine fauna can be evidenced thus far (Houziaux et al., 2011). Furthermore the research goes on show that E. directus (size group 6-9cm) represent an important food item for the common scooter Melanitta nigra. It is noted that this size group is not targeted by the fishery based on minimum landing size. Based on the Belgian research it is determined that the presence of E. directus does not have an untoward impact on the ecosystem. It is determined that the species is not having an impact on the ecosystem and therefore an additional scoring issue to the Ecosystem PIs 2.5.2 or 2.5.3 is not required.

3424 Major 102- CR-CJ2.1.5 CABs should define a The report does not justify 2.5.3 104 corresponding Ecosystem. why it is considered Information scoring issue unnecessary to define an that addresses the additional scoring issue to collection of important to evaluate measures in place understanding and to prevent further preventing further progression of ecosystem progression of impact of impacts that may have the introduced species on occurred due to the biodiversity. presence of the introduced species. If it is not determined that the species is not having an impact, a scoring issue must be defined. The current rationale speaks to the ecosystem impact of the fishery and not the species itself. FCI Response: Justification provided for PI 2.5.2 determines that the species is not having an impact on the ecosystem and therefore an additional scoring issue to the Ecosystem PIs 2.5.2 or 2.5.3 is not required.

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Appendix 4. Surveillance Frequency

Table A4: Fishery Surveillance Plan Score from CR Surveillance Year 1 Year 2 Year 3 Year 4 Table C3 Category 6 Normal On-site surveillance On-site surveillance On-site surveillance On-site surveillance Surveillance audit audit audit audit & recertification site visit

Source: FCI assessment team Appendix 4.1 Rationale for determining surveillance score

Determination of surveillance score:

Criteria Surveillance This fishery Score 1. Default Assessment Tree used Yes 0 No 2 2 2. Number of conditions Zero conditions 0 Between 1-5 conditions 1 More than 5 2 2 3. Principle level scores greater than or equal to 85 0 less than 85 2 2 4. Conditions on outcome PIs? Yes 2 No 0 0 TOTAL 6

Conclusion and rationale, following Table C4 (page C39), and section 27.22.2 from the MSC Certification Requirements: An onsite site visit will be required on an annual visit due to: Using the RBF methodology, having six conditions for certification and scoring less than 80 in Principle 2.

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Appendix 5. Client Agreement

FCI confirm that the client has reviewed the Public Certification Report and is in full agreement with the terms of certification detailed therein.

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