Moody Marine Ltd Loch Torridon Nephrops Creel Fishery: Certification Report
MOODY MARINE LTD
Ref: 82005 v4
Author(s): D Bennett, A Hough
Re-Certification Report for
LOCH TORRIDON NEPHROPS CREEL FISHERY
Client: Torridon Nephrops Management Group
Certification Body: Client Contact: Moody Marine Ltd Karen Starr Moody International Certification Secretary, Torridon Nephrops Management Group Merlin House c/o Shieldaig Export Stanier Way The Packing Shed Wyvern Business Park Ardheslaig Derby. DE21 6BF Strathcarron UK Rossshire. IV54 8XH
Tel: +44 (0) 1633 401092 01520 755377 Fax: +44 (0) 1332 675152 01520 755366
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CONTENTS
1. INTRODUCTION...... 3
1.1 THE FISHERY PROPOSED FOR CERTIFICATION...... 3 1.2 REPORT STRUCTURE AND ASSESSMENT PROCESS ...... 3 1.3 INFORMATION SOURCES USED ...... 4 2. BACKGROUND TO THE FISHERY...... 5
3. ADMINISTRATIVE CONTEXT:...... 12
3.1 LEGISLATION AND REGULATION:...... 12 4 STOCK ASSESSMENT: ...... 16
4.1 MANAGEMENT UNIT...... 16 4.2 MONITORING OF STOCK STATUS...... 16 4.4 MANAGEMENT ADVICE ...... 23 5 FISHERY MANAGEMENT:...... 23
5.1 MANAGEMENT OBJECTIVES ...... 23 5.2 CONSULTATIVE PROCESS ...... 23 6 STANDARD USED...... 24
PRINCIPLE 1 ...... 24 PRINCIPLE 2 ...... 24 PRINCIPLE 3 ...... 25 7 BACKGROUND TO THE EVALUATION...... 27
7.1 EVALUATION TEAM...... 27 7.2 PREVIOUS CERTIFICATION EVALUATIONS...... 27 7.3 INSPECTIONS OF THE FISHERY ...... 28 8 STAKEHOLDER CONSULTATION...... 28
8.1 STAKEHOLDER CONSULTATION ...... 28 8.2 STAKEHOLDER ISSUES...... 29 9 OBSERVATIONS AND SCORING...... 29
9.1 INTRODUCTION TO SCORING METHODOLOGY...... 29 9.2 EVALUATION RESULTS...... 30 10 LIMIT OF IDENTIFICATION OF LANDINGS FROM THE FISHERY...... 31
11 CERTIFICATION RECOMMENDATION...... 31
11.1 CERTIFICATION RECOMMENDATION...... 31 11.2 SCOPE OF CERTIFICATION...... 31 11.3 PRE-CONDITIONS, CONDITIONS OR RECOMMENDATIONS ASSOCIATED WITH CERTIFICATION ...... 31
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1. INTRODUCTION
This report sets out the results of the re-assessment of the Torridon Nephrops Creel Fishery against the Marine Stewardship Council Principles and Criteria for Sustainable Fishing.
1.1 The fishery proposed for 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) pursuing the fish of that stock) and management framework." The MSC also direct that the certification report should identify those fishery operators who are part of the client group and/or are authorised by the client group to use the fishery certificate number.
The fishery proposed for certification is therefore defined as:
Species: Nephrops norvegicus Geographical Area: Loch Torridon & Inner Sound of Rona, Closed Area, Ross-shire, North West Coast of Scotland, United Kingdom. Method of Capture: Nephrops creels (pots) Stock: Within International Council for the Exploration of the Seas (ICES) Area: VIa, Management Area C, straddling Functional Units 11 (North Minch) and 12 (South Minch). Management: Scottish Executive through the Scottish Executive Environment and Rural Affairs Department (SEERAD). Client Group: Those vessels (as identified by the Torridon Nephrops Management Group (TNMG)) fishing under the TNMG Code of Practice and landing Nephrops at locations (as identified by the TNMG) where such landings can be inspected and compliance with the Code of Practice verified.
1.2 Report Structure and Assessment Process
The aims of the assessment are to determine the degree of compliance of the fishery with the Marine Stewardship Council (MSC) Principles and Criteria for Sustainable Fishing, as set out in Section 6.
This report firstly sets out: the background to the fishery under assessment the qualifications and experience of the team undertaking the assessment the standard used (MSC Principles and Criteria) stakeholder consultation carried out. Stakeholders include all those parties with an interest in the management of the fishery and include fishers, management bodies, scientists and Non- Governmental Organisations (NGO’s)
Section 9 of the report sets out the methodology used to assess (‘score’) the fishery against the MSC Standard. The scoring table then sets out the Scoring Indicators adopted by the assessment team and Scoring Guidelines, which aid the team in allocating scores to the fishery. The commentary in this table then sets out the position of the fishery in relation to these Scoring Indicators.
The intention of the earlier sections of the report is to provide the reader with background information to interpret the scoring commentary in context.
Finally, as a result of the scoring, the Certification Recommendation of the assessment team is presented, together with any conditions attached to certification.
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In draft form, this report is subject to critical review by appropriate, independent, scientists (‘peer review’). The comments of these scientists are appended to this report. Responses are given in the peer review texts and, where amendments are made to the report on the basis of Peer Review comments, these are also noted in the peer review text. The updated report is then circulated for public scrutiny on the MSC website.
The report, containing the recommendation of the assessment team, any further stakeholder comments and the peer review comments is then considered by the Moody Marine Governing Board (a body independent of the assessment team). The Governing Board then makes the final certification determination on behalf of Moody Marine.
It should be noted that, in response to comments by peer reviewers, stakeholders and the Moody Marine Governing Board, some points of clarification may be added to the final report.
Finally, the complete report, containing the Moody Marine Ltd Determination and all amendments, will be released for further stakeholder scrutiny.
1.3 Information sources used
Information used in the main assessment has been obtained from interviews and correspondence with stakeholders in the fishery, notably:
I1. Members of the TNMG present at Meeting; 27/3/07; I2. Skipper (K Livingstone) and Crew of FV Fram IV; 28/3/07 I3. Karen Starr, Secretary TNMG; 29/3/07
Other information sources
Published information and unpublished reports used during the assessment are:
R1. Certification Report for Loch Torridon. Moody Marine, 2002. R2. TNMG 2007. Fishing effort changes from 2001-2006 - static gear only area. R3. TNMG 2007. Fishing effort changes from 2001-2006 - Applecross to Skye R4. Presentation to TNMG 27 March 2007. Fisheries Research Service (FRS), monitoring of Nephrops stocks in Inner Sound Area 1994-2007 [Preliminary report “work in progress”, pending final report from SEERAD.] R5. Torridon and Inner Sound Nephrops fishery: seabed survey of the Inner Sound, February 2005. Atkinson and Stevenson, 2006. R6. West of Scotland Nephrops fishery: review of issues facing the industry. Curtis and Anton, Seafish, November 2006. R7. http://www.scotland.gov.uk/Publications/2006/09/25114623/11 R8. http://rfs.seafish.org/ R9. http://www.opsi.gov.uk/legislation/scotland/ssi2001/20010174.htm R10. The Loch Torridon Nephrops Creel Fishery: Management Plan. December, 2004. R11. http://www.ices.dk/committe/acfm/comwork/report/2006/oct/Nep-6a(C-11-12-13).pdf R12. Adey, J. A. 2007. Aspects of the sustainability of creel fishing for Norway lobster, Nephrops norvegicus (L.), on the west coast of Scotland. PhD D thesis, University of Glasgow. R13. The Environmental Impact of the Nephrops Creel Fishery. 2006. Adey, Atkinson, Smith, Tuck and Taylor. R14. Assessment of Nephrops Stocks in the Loch Torridon Area. Tuck & Bailey, 2000. R15. ICES WGNSDS Report 2006, pp581-646. http:// ices.dk/reports/ACFM/2006/ WGNSDS/Sections%2013.pdf.
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2. BACKGROUND TO THE FISHERY
2.1 Biology of the Target Species
There is a considerable literature (see R12 & R13) available on the population biology, growth and density, juvenile stages and fishing practices of Nephrops norvegicus, the Norway lobster, known colloquially in Scotland as ‘prawn’, but subsequently referred to here as ‘Nephrops’. It has a planktonic larval phase of six to eight weeks after which the larvae settle on a substratum of fine cohesive mud. Once in a suitable location they construct burrows. The burrows of juveniles are often attached to those of adults. Adults emerge from burrows for feeding and for components of their territorial, reproductive and burrow maintenance behaviour. They have a varied diet consisting of prey items in the surrounding benthos.
The sexes are easily identified and males grow more quickly than females. Females become sexually mature at around three years of age (carapace length approximately 20-23 mm) and carry 1000 to 5000 eggs attached to the tail for about nine months. Their burrowing lifestyle affords a certain amount of protection from fishing pressure, particularly for ovigerous (egg-bearing or ‘berried’) females, which spend much more time in burrows. Juveniles also spend most of their time within their burrows. Nephrops, once inhabiting a burrow, move only within the surrounding area on emergence. Differences in behaviour between the sexes means that trawl fisheries tend to take more males than females throughout most of the year, while creel fisheries take both males and females (including ovigerous females) since bait entices animals from their burrows. The susceptibility of ovigerous females to capture varies both temporally and spatially.
Nephrops in different areas grow at different rates and mature at different sizes. This is related to the density of animals and sediment type. On the softest mud, Nephrops density is low, but the animals grow relatively fast, and reach a big maximum size (‘clonkers’). On sandier mud, Nephrops density is far higher, but the animals grow more slowly, and are smaller (‘beetles’). In the North Sea there are differences in growth between stocks, while on the west coast of Scotland, differences also appear between areas within the same stock.
The problems of assessing Nephrops stocks were already well known. The most significant issue being that Nephrops cannot be aged (unlike fish) so that assessments based on length are required. Other problems include emergence behaviour, sex differences in behaviour and biology and severe difficulties in obtaining a recruitment index - usually required for forecasts of the type used in fish assessments.
2.2 History of the Fishery
The Scottish Nephrops fishery is now the main fishing activity in the North West of Scotland. It is currently the most valuable fishery in the region with local communities now dependent upon it. Economic dependence on the income from mainly one species leaves communities vulnerable to fluctuations in price and market forces. Creel fishing for Nephrops represents about 15% by weight and 35% by value of all Nephrops caught on the west coast of Scotland (R12).
In 1984 the Inshore Fishing (Scotland) Act removed the three-mile limit that banned the use of mobile gear within a three-mile limit of the shore. This opened new fishing grounds to the trawlers and a period of conflict between the creel fishers and the trawlers ensued.
Loch Torridon Nephrops creel fishers actively sought to have an area closed to mobile fishing gear. On the 1st November 2000 an area closed to all mobile fishing gear was established. This 'Closed Area' was initially for a period of five years and extends between Red Point, including Loch Torridon, and the south end of the BUTEC Range in the Inner Sound of Rona (Figures 2 & 3).
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Creel fishers from Loch Torridon set up a company, Shieldaig Export Limited, who collectively supply live Nephrops, research markets, control handling and arrange airfreight to markets in Europe, predominantly Spain. This adds value to landings. The improved methods of handling and market research have resulted in greater price stability and relatively secure markets.
2.3 Vessels and Gear
The Loch Torridon Nephrops Creel Fishery has operated for more than thirty years. There is a total of 12 vessels that are signed up to the Loch Torridon Management Plan, including four additional vessels after the initial setting up of the scheme in 2001 (R2, I3). Six other vessels, that have not signed up to the management plan’s conservation code, also fish within the closed area (R2, I3). Trawling and creeling for Nephrops takes place both north (R12) and south (R3) of the closed area.
The method of capture is baited (salted herring) creels/prawn pots, which are deployed on restricted numbers of lines (see Torridon Management Plan - Section 3.2.1.). The creels are spaced up to 16 m apart and each line or 'fleet' can accommodate up to 120 creels. The number of creels per line will vary depending on the number of lines used but should not exceed the maximum number of creels stipulated by the Torridon Management Plan (see 3.2.1). The creels/pots are left on the seabed for at least one full day (usually two and longer if over weekends) before being hauled in. Care in handling ensures that the catch is landed live with the average landings approximately 350 kg per week for the larger vessels. Behavioural studies (R12) suggest that Nephrops creels are relatively inefficient, with only 0.2-7% of approaches to a creel leading to capture. Creels are also size selective with larger Nephrops being more catchable, particularly following con-specific interactions.
Landings from the closed area, as recorded from vessels landing into Shieldaig Export Ltd., have ranged from 100 – 131 tonnes (R2, text table below). ICES (R11) record an average (2003-2005) of 1673 tonnes landed from creels on the whole West Coast of Scotland.
Season (July-June) 2002/3 2003/4 2004/5 2205/6 Nephrops Landings (t) 119 131 107 100
Fishing effort has increased within the creel only zone, from the original 8 vessels in 2001, to 18 in 2006 (R2). Of the additional 10 vessels, only four have signed up to the Management Plan Code of Practice. The total current annual fishing effort in the Torridon area was estimated at 1,760,000 creel hauls (R12). Fishing effort is concentrated in the Inner Sound and lower Loch Torridon. Creeling effort is clustered onto grounds perceived to have higher catch rates, but is also influenced by shelter from weather, steaming times from home harbours, and hence fuel costs, and by management restrictions and competition with trawlers. Spatial and temporal targeting occurs as different components of the Nephrops population become available seasonally to capture on different grounds. Within the Inner Sound high levels of fishing intensity have been observed around the boundaries of the BUTEC no fishing area, and is associated with relatively high catch rates of larger Nephrops, believed to be a ‘spill over’ from the unfished Nephrops in the closed area.
2.4 Fishing Locations and Administrative Boundaries
The Torridon fishery is within ICES Division VIa, Management Area C, and straddles Functional Units 11 (North Minch) and 12 (South Minch) (Figure 1). While assessments are carried out at the Functional Unit level, the ICES advice is given at the Management Area (C) level, and the TAC is set for Division VIa + Vb (EC waters).
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Figure 1. ICES Management Areas and Functional Units (source ICES website).
Torridon
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On 1st November 2000 the Scottish Executive announced that a ‘Closed Area’ (Figures 2 and 3) was to be established in Loch Torridon and the Inner Sound of Rona, between Red Point, including Loch Torridon, and the south end of the BUTEC Range (Scottish Statutory Instrument 2001 No. 174). This area was closed to all mobile fishing gear and took effect from 30th May 2001. This 'Closed Area' was initially for a period of five years, and has subsequently been rolled forward. As compensation for the trawl interests a trawl-only area was similarly granted (Figure 3). These measures were the culmination of much negotiation and consultation between the trawl and creel fishery interests in the area. In the press release by the Scottish Executive it stated that they “welcomed not only this local management initiative but also the additional voluntary measures which creeling interests in Loch Torridon are promoting.” All these areas are within UK territorial waters.
58N 44E3 44E4 Torridon Area Restricted Fishing Areas - 12 Month Creel Only Sound of Raasay Co-ordinates
) A straight line drawn from a point on the mainland south of Redpoint h
t Loch Torridon
r at 57.38N and 05.46.4W to 57.38N and 05.58W then in a southerly
o direction to: N
s 57.35N and 05.58.5W (Sgeir shuas) e
e Then in a straight easterly direction to a point on the northern tip of r
g Rona at 57.35N and 05.58.35W e
D Then along the eastern coast of Rona and Raasay to a point on the (
e eastern coast of Raasay at 57.24.2N and 06.01.13W d
u Inner Sound Then in an easterly direction to a point in the Inner Sound at t i
g 57.24.2N and 05.55.6W n
o Then in a north to north easterly direction to57.28.25N and
L 05.52.48W Then in a straight easterly direction to the mainland at57.28.25N 43E3 43E4 and 05.52.22W
57N Approximate location of Closed Area
7W 6W 5W Longitude (Degrees West) Figure 2.Closed Area 12 month creel only co-ordinates and relevant ICES statistical rectangles (44E4 and 43E4) (1:50000)
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Colour Code
Loch Gairloch closed to mobile gear since 1970’s
Mixed gear fishery
Trawl only fishery
Creel only fishery
No fishery zone, BUTEC range
Existing 6-month closure to mobile gear & all year to over 12 metre trawlers and all multi rig trawl.
Ground to landward side of line has derogation for scallop dredging.
Land.
Figure 3. Diagrammatic map of Torridon district and restricted fishing zones (source:- Peter Davidson, HIFA).
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2.5 Ecosystem Characteristics
2.5.1 Discards, By-catch, and Ghost Fishing
Discards
The nature of creeling allows fishers to be highly selective with each specimen handled separately (interviews with creelers and assessment observations). This minimises both incidental mortality and allows for discards to be handled effectively. There is a dramatic difference in price per unit weight for large and small Nephrops and the fishers regard it as good policy to return small Nephrops to give them the opportunity to grow. The Torridon Management Plan stipulates a voluntary creel escape gap policy (gap width 22 mm by overall length 96 mm) that will allow escapes of up to ca 40mm carapace length (CL). The minimum landing size is 20mm CL, which equates to approximately 40 Nephrops per kilo.
For sales purposes the fishers grade the Nephrops in numbers by kilo as follows:
Size Extra Large (XL) Large (L) Medium (M) Small (S) Numbers per kilo 1 - 9 10 - 14 15 - 20 21 - 26 Carapace Length mm (R12) >56 49-56 46-48 39-45
The majority of Nephrops discards in the closed area were between 33 and 42 mm CL (overall range 30 – 43 mm CL, L50 = 39 mm CL), or larger ovigerous females and those with heavily encrusted shells (R12). This contrasts with the trawl fisheries in the North (FU11) and South Minch (FU12), where the majority of discards are much smaller, ranging from 18 – 30 mm CL, with a mode of only 25 mm CL. The Torridon landings ranged from 37 – 67 mm CL, with the majority being within the range of 40 – 54 mm CL (R12, R13). The Torridon Management Plan specifies that all ovigerous females should be returned to the sea. The objective is to protect the spawning stock biomass (SSB) and larval recruitment. However, the viability of eggs following discarding is unknown and reduction in abundance of larger males, which are preferentially captured, may result in reduced mating opportunities for large discarded ovigerous females. However, laboratory hatching of the eggs of both trawl and creel caught ovigerous Nephrops suggests that the eggs remain viable and there is no evidence of reduced reproductive potential in creel or trawl fished areas due to this ‘sex selective’ fishing. Despite these uncertainties, it is likely that this practice is beneficial to the fishery as it reduces female fishing mortality and enhances SSB, though as the catchability of females is relatively low, the benefits may be commensurately low.
Discard survival
The majority of seabirds following Nephrops creel boats in the Torridon area were herring gulls (Larus argentatus). Overall, the proportion of discarded Nephrops observed being predated by gulls was recorded at 9%, with a positive correlation with wind speed and the number of gulls present (R12, R13). Bird predation is thought to be the main cause of discard mortality, but there are other potential predators (fish, seals, and cephalopods) that could predate on Nephrops before they reach the safety of a burrow. Nephrops behaviour appears to be unaffected following capture and subsequent return to the seabed. Seabird predation on Nephrops, and other discard species, could be mitigated by the use of a pipe or chute to allow the discards to enter the sea well below the water surface. This would be particularly beneficial at times when there is a high proportion of small and/or ovigerous Nephrops being discarded.
Following the introduction in 2002/3 of escape gaps, there was a reduction in the proportion of smaller Nephrops caught (R12, R13). However, this may partially be the result of a reduction in the
FN 07/019 82005 v4 Page 10 Moody Marine Ltd Loch Torridon Nephrops Creel Fishery: Certification Report abundance of small Nephrops, following the high recruitment observed in 2001. The reduction in fishing mortality on smaller Nephrops of both sexes, as a result of the use of escape gaps and a rigorous size related discard policy, both provide for a reduction in the risk of both growth and recruitment overfishing.
Bycatch
Adey (R12) and Adey et al (R13) observing bycatch at Torridon and Loch Fyne from 17,809 creels found 52 species or taxonomic groups, with an overall average of 1.1 kg of non-target discards per 1 kg of landed Nephrops. The most common were five crustacean species (Pagurus bernhardus, Cancer pagurus, Liocarcinus depurator, Carcinus maenas and Munida rugosa), along with the whelk Buccinum undatum, the gadoid, poor cod, Trispterus minutus and the dogfish Scyliorhinus canicula. In contrast to some trawl fisheries for Nephrops, in creel fisheries Nephrops accounts for a far higher proportion of the catch, and commercially exploited species make up only a small proportion of the bycatch.
At Torridon the average catch per unit effort (CPUE) of non-target discards was 6.5 kg per 100 creels and of Nephrops was 2 kg per 100 creels, but varied between the Inner Sound and Loch Torridon. Likewise, the biomass and species composition of the non-target discards varied with fishing area. Small crabs are likely to be able to escape via the escape gaps in Torridon creels, and this may well explain the lower incidence of such species, compared with Loch Fyne where escape gaps are not used. A comparison between samples from Loch Fyne and the Torridon area showed considerable differences in the biomass of non-target species discarded. The CPUE of non-target species discarded in Loch Fyne (15.2 kg per 100creels) was over twice that of the Torridon area (6.5 kg per 100creels). These data gave discard ratios of 2.02 kg non-target species per kg of Nephrops at Loch Fyne, in contrast with only 0.71 at Torridon. These differences may be explained by differences in habitat, community composition, fishing gear and practices (soak time, escape gaps) and possibly epibenthos scavengers feeding on discards from the trawl fishery adjacent to Loch Fyne (R12).
Ghost Fishing
Some concern has been expressed about the possible impact of Nephrops creels that are left unhauled for long periods or lost by fishers, a process known as ‘ghost fishing’. Adey (R12) and Adey et al (R13) found that both target (Nephrops) and non-target species were able to escape from Nephrops creels. Nephrops seemed able to survive for long periods in creels, but the majority eventually escaped. Fewer crabs were retained in creels with escape gaps, which resulted in more Nephrops being caught in these creels. There was no re-baiting from the small number of species that died within the creels. When the original bait is fully consumed, lost creels will cease to fish. It seems unlikely that lost creels constitute a serious issue in this fishery.
2.5.2 Interactions with Protected, Endangered and Threatened Species
Nephrops creels appear to have very little detrimental impact on the benthic environment, with impacts appearing to be considerably lower than for the trawl fishery. In a study by Ziegler (2006), quoted in R12, the area of seabed permanently disturbed by trawling for Nephrops was estimated at 3900m2 compared with just 62 m2 in a creel fishery. Spatial management of the static and mobile Nephrops fisheries may provide a valuable means of protecting key biotopes from excessive disturbance (R12).
Deep mud habitats in sea lochs on the west coast of Scotland support the three species of sea pens that occur in British waters, namely Funiculina quadrangularis (and its associated brittle star Asteronyx loveni), Virgularia mirabilis, and Pennatula phosphorea. One species, F. quadrangularis (and its associated brittle star A. loveni), is considered to be reduced in abundance and has been
FN 07/019 82005 v4 Page 11 Moody Marine Ltd Loch Torridon Nephrops Creel Fishery: Certification Report classified as a nationally rare species of conservation importance. The biotopes inhabited by these sea pens are also those occupied by Nephrops and fished by trawl and creels. F. quadrangularis , the tall sea pen, is potentially more vulnerable to damage from fishing, as unlike the other two species of sea pens, it cannot withdraw into the sediment. However, this species can re-anchor itself in the sediment following disturbance.
Adey (R12) and Adey et al (R13) concluded, based on his and other studies (see R12 & R13), that trawling reduces the density of F. quadrangularis and its associated brittle star (A. loveni). There is no evidence that creeling adversely affects the density of F. quadrangularis, despite a proportion of them being displaced by creels and creel lines. However, its symbiotic brittle star A. loveni does seem to be reduced in abundance in both trawled and creeled areas, and creeling may have more impact on the brittle star than the sea pen, though further studies are required.
Although both the slender sea pen V. mirabilis and the phosphorescent sea pen P. phophorea can be caught in moderate quantities as a bycatch in the creel fishery, the observed high densities of these two species in areas of intense creel fishing suggest that creel fishing does not have a major adverse impact on them.
The heterogeneity of habitats, combined with the observed patchy distribution of creeling effort in the Torridon area, suggests that any possible adverse environmental impacts would also be clustered. Such non-random distribution of fishing effort may actually be beneficial in that it leaves refuge areas for sensitive species where effort is low or absent.
2.6 Other Fisheries Relevant to this Assessment
The Torridon Nephrops fishery is part of a much larger fishery within ICES Division VIa, Management Area C, and straddling Functional Units 11 (North Minch) and 12 (South Minch) (Figure 1). While assessments are carried out at the Functional Unit level, the ICES advice is given at the Management Area (C) level, and the TAC is set for Division VIa + Vb (EC waters). Functional Units 11 and 12 are considered by ICES to be exploited at a sustainable level (see 4.3.1).
Outwith the Torridon area closed to trawling, there are areas designated for mobile gear (trawling for Nephrops) and dredging for scallop (Figure 3). There is also a mixed gear (mobile and static) area, though in practice the area is mainly fished by trawlers. There is a history of gear conflicts between trawlers and creelers, hence the setting up of the area solely for creeling.
There is a small seasonal fishery for crabs (Cancer pagurus), using baited traps, within the Torridon closed area. This fishery occurs on the hard ground away from the soft sediments inhabited by Nephrops, and there are no interactions, other than the same fishers are involved in both fisheries.
3. ADMINISTRATIVE CONTEXT:
3.1 Legislation and Regulation:
Fisheries management is directed ultimately by the European Union under the Common Fisheries Policy (CFP). EU legislation directly affecting the fishery under assessment is:
The Conservation Regulation (EC) No. 850/98 (and subsequent amendments) covers technical measures for the conservation of fishery resources. It is within this regulation that rules that govern minimum landings sizes, minimum mesh sizes, closed areas and restrictions of gear types are implemented. The Control Regulation (EC) No. 2847/93 (and subsequent amendments) covers the control of monitoring of conservation and fish stock management measures. This includes setting rules for
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inspection at sea, vessel monitoring, and recording of catches and logbook completion. This regulation also covers rules on landing declarations, transport documents, sales notes and effort and catch report. Quota Regulations - In December each year the Council of Ministers determine Total Allowable Catches (TACs) based on the scientific advice they receive from the ICES Advisory Committee on Fisheries Management (ACFM) and the EU Scientific, Technical and Economic Committee for Fisheries (STECF). It is noted, however, that ICES recommendations are not necessarily fully acknowledged by the Council of Ministers in determining TACs.
While competence for sea fisheries rests at EU level, the UK has exclusive rights to fish within 6 miles. Between 6 and 12 miles, fishing by non-UK vessels is restricted to those with historic rights relating to specific fisheries and specific countries. Devolution means that Scottish Ministers are responsible for the regulation of sea fishing within the Scottish zone of British Sea Fishery Limits. Within 12 miles the Scottish Executive has the ability to take non-discriminatory conservation measures (provided that the EU has not already legislated in this area). Sea fisheries in Scotland are regulated primarily through a restrictive licensing system, alongside other legislative and administrative tools. Stocks that are under particular fishing pressure are also managed through a quota system. In general, the only areas where the European Commission adopts measures, which have effect within 12 miles, are in relation to TAC and gear regulations. This means that there is particular scope for Scotland to introduce its own management measures in the inshore fisheries.
The inshore management regime in Scotland since 1984 Since 1984, inshore fisheries in Scotland have been regulated primarily through the Inshore Fishing (Scotland) Act 1984. This Act provides for Ministers to regulate fishing for sea fish in inshore waters, by way of prohibiting combinations of the following:- all fishing for sea fish fishing for a specified description of sea fish fishing by a specified method fishing from a specified description of fishing boat fishing from or by means of any vehicle, or any vehicle of a specific description fishing by means of a specified description of equipment. Ministers may also specify the period during which prohibitions apply, and any exceptions to any prohibition.
A variety of Orders have been made under this Act since 1984, introducing an assortment of local and national measures for a range of fishery management purposes. Traditionally, a review was undertaken every three years to assess whether there was a need to revoke, adjust or introduce measures. From the mid-nineties Regulating Orders, under the Sea Fisheries (Shellfish) Act 1967, were also considered as a means of enabling more local, area management of inshore shellfish fisheries. Several Orders, also under the Sea Fisheries (Shellfish) Act 1967, have been used specifically for the localised cultivation of shellfish.
A strategic review of Scottish inshore fisheries began in 2002, and this was undertaken by the Scottish Inshore Fisheries Advisory Group (SIFAG). An initial set of high level objectives was developed to reflect shared goals for inshore fisheries throughout Scotland. Collectively these reflect the delicate relationship and interdependency between fragile coastal communities, healthy fish stocks and healthy marine environment.
BIOLOGICAL: to conserve, enhance and restore commercial stocks in the inshore and its supporting ecosystem. ECONOMIC: to optimise long-term and sustained economic return to communities dependent on inshore fisheries, and to promote quality initiatives. ENVIRONMENTAL: to maintain and restore the quality of the inshore marine environment
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for fisheries and for wildlife. SOCIAL: to recognise historical fishing practices and traditional ways of life in managing inshore fisheries, to manage change, and to interact proactively with other activities in the marine environment. GOVERNANCE: to develop and implement a transparent, accountable and flexible management structure that places fishermen at the centre of the decision-making process, and that is underpinned by adequate information, legislation and enforcement.
Inshore fisheries groups (IFGs) are being set up to develop long-term, medium-term and short-term objectives for inshore fisheries which are consistent with high level objectives, but which are tailored according to local circumstances.
Vessels taking part in the Nephrops creel fishery that are under 10m in overall length carry a licence issued by the Scottish Executive. The licence is granted to the owner or charterer named in respect of the vessel. From 1st January 2000 all under 10m vessels taking more than 12 kg of Nephrops in Areas IIa, IV, VI, or VII were required to regularly report their landings. Landing figures are recorded daily and submitted weekly to Fishery Officers acting for the Scottish Executive. In addition, monthly catch limits for Nephrops were introduced for the under 10m fleet targeting Nephrops and landings are reconciled with these.
Vessels over 10m are required to keep logbooks in accordance with EC Regulation No. 2807/83 (and subsequent amendments). Daily log sheets are completed and by agreement are submitted weekly to officers of the Scottish Fisheries Protection Agency.
Following the increases in the West of Scotland TAC in 2005 (12%), and again in 2006 (39%), the allocations to the vessels operating in the Torridon fishery have not been a limiting factor.
3.2 Management Responsibilities and Interactions
Management responsibility for Scottish fisheries lies with the Scottish Executive. They interact with DEFRA (Department of the Environment, Food and Rural Affairs) and the EU Commission on measures that affect UK and EU matters (e.g. TACs, quota management, and technical measures). The Scottish Executive Environment and Rural Affairs Department (SEERAD) interacts within Scotland with their enforcement agency (SFPA – Scottish Fisheries Protection Agency), Seafish, Producer Organisations, Fishermen’s Associations, Scottish Natural Heritage (SNH), Fisheries Research Services (FRS), SeaFAR (see 5.2), IFGs (see 5.2), and environmental groups (NGOs). The closed area that comprises the Loch Torridon Management Plan was set up by the Scottish Executive in the Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland) Amendment Order 2001 (Scottish Statutory Instrument 2001 No. 174) (R9). The SFPA is responsible for enforcing the Order, though in practice, it is self-enforcing (see 3.3 re the Loch Torridon Management Plan).
3.2.1 The Loch Torridon Management Plan [R10]
Fishing in the “Closed Area” is conducted under a voluntary code of practice (or Code of Conduct), drawn up by the fishers themselves, the Loch Torridon Management Plan. Implementation and monitoring of the Management Plan is carried out via the Torridon Nephrops Management Group (TNMG). Local fishers taking part in the Loch Torridon Nephrops Creel Fishery who seek to manage their fishery sustainably, implement the plan as follows:-
1. Maximum 2 sets x 800 prawn creels for a two man or over boat. A set of gear comprises creels spaced up to 16 m apart on lines or 'fleets' that can accommodate up to 120 creels per line. The number of creels per line will vary depending on the number of lines used but should not exceed the maximum number of creels stipulated by the Torridon
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Management Plan. 2. Maximum 2 sets x 400 prawn creels for a one man boat. 3. Maximum 2 sets x 400 or 2 x 200 crab/lobster pots for 2/1 man boats. Some fishers undertake mixed fishing i.e. for Nephrops plus crabs/lobsters and when this occurs fishers are restricted to the number of Nephrops (prawn) creels detailed in point 8 below. In addition, they are limited to a maximum number of 2 x 400 crab/lobster pots for a two-man vessel and 2 x 200 crab/lobster pots for a one-man vessel. 4. Escape gaps/panels to be fitted to all prawn creels by the end of June 2003. 5. Maximum number of days fished per year to be 200. Participating fishers restrict the number of days of fishing activity. 6. All "berried" females to be returned to the sea. Females carrying eggs are referred to as being "berried" due their appearance. 7. Only two sets of gear to be fished - 2 x prawn or 2 x crab or 1 x prawn plus 1 x crab. This point restricts the number or sets of gear that are fished to two. Therefore, in the case of mixed fishing only one set of gear targeting Nephrops and one set targeting crabs/lobsters to be used. 8. Only one set of gear to be hauled each day.
All fishers signing up to the Management Plan agree to fill in weekly log sheets (Table 1) that provide information on the number of creels hauled and the landings of Nephrops by size category. These data are collected and stored by Shieldaig Export.
TNMG Scientific Log – Sheet 1
Property of TNMG in association with the Sheet Number: University of Glasgow
Vessel Name: Landing Place:
Week Commencing: / / 200 Number of Prawns (number of boxes – Nearest ½ box / kg) Creels Lifted Small Medium Large Extra Large Fishing Ground Grid Ref Mon E Tue Comments: Wed
Thur
Fri
Sat
Sun
OFFICE USE - Summary of Weekly Prawn Landings (kg) Number of Creels Small Medium Large Extra Large Lifted Note : Data provided on log sheet will be treated in the strictest confidence
Table 1. Weekly log sheet filled out by fishers signed up to the Loch Torridon Management Plan.
3.3 Enforcement and control
EU and national legislation is monitored and enforced by the Scottish Fisheries Protection Agency (SFPA), an agency of the Scottish Executive. It is responsible for enforcement of fishery regulations and collecting information on fishing activity and catches in ports and at sea within the Scottish zone of British Fishery Limits and also monitors compliance by the fishing industry. The area it covers extends to 127,000 square miles of sea and there are Fishery Officers who
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monitor landings and inspect vessels in 18 ports.
The Loch Torridon Management Plan is self-enforced by the participants in conjunction with Shieldaig Export and the Torridon Nephrops Management Group.
Evidence of compliance with the Voluntary Code of Practice is provided as follows:-
1. Creel numbers fished per day are noted on boat log sheets. 2. Audits on shore confirm that escape gaps are fitted to all creels awaiting deployment within the Fishery. 3. Audits of boat log sheets provide evidence for the number of days that each boat has fished over a set period of time. 4. A form noting the number and date of any berried prawns seen at the packing shed in Ardheslaig is kept on file and made available for audit. 5. Boat log sheets (supported by remittance advices) confirm that each boat has only hauled one set of creels in a day.
Remittance advices and berried prawns tally sheets are monitored periodically by Shieldaig Export. If there is a material breach of one of the rules in the Code of Practice, then Shieldaig Export issues a written warning to that boat skipper. If the breach continues, then Shieldaig Export reserves the right to refuse to accept the catch from that boat skipper.
At present four of the vessels fishing in the closed area have not signed up to the Loch Torridon Management Plan, though they may comply with some of the Code of Practice. Vessels engaged in the approved scientific research are exempt from the code of practice only as far as is required to complete the collection of scientific data.
4 STOCK ASSESSMENT:
4.1 Management Unit
The Torridon closed area is within ICES Division VIa, Management Area C, and straddles Functional Units 11 (North Minch) and 12 (South Minch). While assessments are carried out at the Functional Unit level, the ICES advice is given at the Management Area (C) level, and the TAC is set for Division VIa + Vb (EC waters). On a more local basis the Torridon Management Plan covers the closed area where only creeling is permitted (Figures 2 and 3).
4.2 Monitoring of Stock Status
The collection of fisheries statistics for quota management is carried out at the spatial level of the ICES Statistical Rectangle and aggregated into Functional Units. To provide data for the local Torridon Management Plan more detailed information is collected by Shieldaig Export Limited directly from the fishers signed up to the Management Plan. The fishers provide information on their creeling effort and landings on logsheets (see 3.2.1). FRS (and to some extent SNH) also do surveys using underwater TV to count Nephrops burrows. The information gathered provides an index of stock abundance that is independent of the fishery and emergence patterns, and in the future, may also be useful in estimating the numbers of recruits entering the fishery in the next year. Additional localised data on seabed topography has been collected by side-scan sonar and an Acoustic Ground Discrimination System (R5). Size composition sampling of landings, and to a lesser extent catches, provide data on size, sex and berried. These stock survey data are co-ordinated and assessed by FRS to provide an evaluation of the current stock status (R4).
4.3 Current Stock Status
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4.3.1. ICES ACFM stock assessment and TAC advice for 2007 (R11)
The ICES view is that the uncertain quality of fishery information, particularly landings, is inadequate to allow the use of analytical methods relying on accurate catch statistics to evaluate spawning stock or exploitation rate relative to risk. Results from TV surveys, and trends in mean size, however, suggest that the stocks comprising Division VIa appear to be exploited at a sustainable level.
North and South Minch:- The TV survey estimates of abundance for Nephrops in the Minches suggests that the population remained relatively stable between 1994 and 2001, but increased between 2001 and 2003. The higher level of abundance observed in 2003 was maintained in the latest (2005) survey. The increase in abundance observed between 2001 and 2003 coincides with increases in CPUE observed in the catch data, particularly for the smaller size category, and is interpreted as an increase in recruitment. The mean size of larger Nephrops (>35 mm CL) in the landings has been stable throughout the time-series.
4.3.2. Local assessments and stock status.
Clearly the ICES assessments and management advice is given at such a large scale that the Torridon fishery is but a small proportion, and is not separately assessed for stock status. However, localised studies by Fisheries Research Services (FRS) and the PhD study by Jonathan Adey (R12), together with the landings recorded by Shieldaig Export Ltd, provide the opportunity to assess the stock status of the Torridon fishery. It should be noted that the time series of detailed fishery data is relatively short, but is sufficient to provide a preliminary assessment that can be related to the closure of the area to trawling in 2001, and the implementation of the Torridon Management Plan in 2003.
4.3.2.1. FRS Assessment (R4 & R14).
At the time of the production of this report a final stock status assessment was not available from FRS. This section is based on the PowerPoint presentation made at the March 2007 meeting of the TNMG, and should be considered as “work in progress”.
The Nephrops fishery in the Loch Torridon area has been monitored by FRS since 1994, though only intensively from the establishment of the zonal management measures in 2001. Underwater TV surveys of Nephrops burrow density have been collected between 1994 and 2007. Observer sampling of catches from vessels fishing in the creel-only zone was carried out from 2001. A full analysis of a 10-year series of landings per unit effort (LPUE) data from fishers’ logbooks is pending.
From 2000 to 2004, the mean burrow densities in the creel only and the trawl only zones fluctuated with little evidence of trend. In the creel only zone higher mean densities were observed in 2006 and 2007. As the density of Nephrops burrows is spatially variable, the statistical confidence intervals around these means are quite large. There is no evidence of a recent stock decline in any of the areas surveyed.
Within the creel only zone catch sampling took place roughly on a quarterly basis from quarter 3 in 2001. Observer sampling at sea was supplemented by onshore sampling. A total of 149 valid fleets of creels (60-120 creels per fleet) were sampled and 32,355 Nephrops measured and sexed. Adey (R12) estimated the total annual effort at 1,760,000 creel hauls, approximately 20,000 fleet hauls. Data on position, depth, soak time, proportion of escape gaps, and skipper’s understanding of sediment type were recorded. Male Nephrops in the catch ranged from 25 – 74 mm CL, with a modal size of 43 mm CL. Females were 23 – 57 (mode 40) mm CL, with berried females being 27 – 58 (mode 40) mm CL. Catch rates (numbers or weight per 100 creels hauled) varied very significantly.
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Over the period 2001 – 2006 there appeared to be a decline in quarterly catch rates, but with large statistical confidence limits it was not clear that the decline was statistically significant.
A General Additive Model (GAM) was applied to the annual and seasonal trends in catch rates (kg per 100 creels hauled) by size (<35 and =>35 mm CL) and by sex. For smaller Nephrops there was a significant year effect, with a decline from 2002 to 2005, but an increase in 2006. For larger Nephrops there was a downward trend, but it was not significant. With sexes combined the slight downward trend was not significant. Seasonally, male catch rates were significantly lower later in the year, while for females catch rates peaked in May/June. Catch rates of males were higher than for females. Similar results were obtained when catch rates were expressed as numbers per 100 creels hauled.
Length Cohort Analysis (LCA) was applied to the length frequency data from creels with escape gaps hauled within the creel only zone. The results are dependent upon parameter inputs for growth and natural and discard mortality. The LCA conclusions range from indicating that males are slightly overfished, with yield-per-recruit being close to the maximum at current effort levels, to being exploited well below the maximum. Females seem to be either fished at maximum yield-per-recruit or well below. Conclusions, in terms of management advice, are that it would be prudent to not allow fishing effort to increase above its current level. In this context, it is noted that fishermen report that creel numbers in the Closed Area are currently at or near the maximum workable level.
FRS has concluded from the analysis currently available that :-
Based on the UWTV surveys, there is no evidence of any marked changes in Nephrops abundance since the introduction of zonal management in 2001. According to the LCA model assessments current levels of exploitation of Nephrops in the creel only zone are sustainable, although males may be slightly overexploited. There is evidence of a decline in creel catch rates of smaller Nephrops over the study period, and some suggestion of a recent upturn. Downward trends in catch rates are not (or only weakly) statistically significant and should be treated with caution.
FRS adds that five years is a relatively short period over which to evaluate stock status and trends that may be attributable to the introduction of zonal management. They also warn that the reports of increased fishing effort, in terms of additional vessels being attracted into the closed area, is adding to the fishing pressure on Nephrops. This is considered to be undesirable as it creates the potential for localised stock depletion and a reduced longer-term yield.
4.3.2.2. Adey’s PhD Research (R12).
Jonathan Adey’s detailed study of the Torridon fishery (PhD Thesis) collected size and sex composition data, together with logbook information from several vessels during 2004 and 2005. This is too short a time series to allow an assessment of annual variation in stock status, though the LPUE values were lower in 2005 than 2004, particularly for large (>48mmCL) Nephrops. Data were available for earlier years (2001/2 – source FRS) but the time series is influenced by the introduction of escape gaps in 2003 and sample sizes are quite small. The CPUE of small (<41mmCL) Nephrops was lower in 2004/5, possibly indicating the efficacy of escape gaps. The CPUE of medium and large (=>41mmCL) showed little variation between years.
Adey did carry out some Length Cohort Analysis (LCA) assessments. Again, the time series of input length compositions is short, but the LCA results concur with previous ICES assessments for the Minches (see 4.3.1). Fishing mortality remains highest on male Nephrops, that for females being quite low. The LCA suggests that the stock is at less risk of growth overfishing (F FN 07/019 82005 v4 Page 18 Moody Marine Ltd Loch Torridon Nephrops Creel Fishery: Certification Report when it was assessed in 1996-98, and this is supported by the TV surveys. Adey suggested this could be the result of the introduction of the area closure and the Torridon Management Plan, in particular, the reduced exploitation of small Nephrops following the trawling ban, and the introduction of escape gaps, together with indications of increased recruitment in recent years. To assess the risk of recruitment overfishing, more information would be needed about the stock-recruitment relationship, but establishing such a relationship is particularly difficult for shellfish stocks. ICES has been using harvest ratios of 15-25%, and STECF settled on 20% to allow calculation of TACs. Adey (R12) estimated the harvest ratio in the Torridon fishery to be 7.6%, based on detailed spatial fishing effort intensity from GPS data loggers, and burrow density estimated from TV surveys. 4.3.2.3. Fishers’ Logbooks and Shieldaig Export Ltd’s records. Shieldaig Export Ltd have collected data on landings by commercial grade (small, medium, large, and extra large) for each vessel landing to them since June 2002. As part of the Torridon Management Plan fishers have supplied logbook data from July 2004, which include fishing effort (number of creels hauled). Using the landings data plus the fishing effort, landings per unit effort (LPUE) have been estimated by season (July to June) and grade (Figures 4 & 5.). LPUE can be used as an index of Nephrops stock abundance. Figure 4 shows the monthly trends in total landings (all grades) from July 2004 to February 2007 for two vessels with the most complete records. Both vessels show a seasonal trend with the highest LPUEs in January to April. For boat 1, LPUEs since April 2006 have been somewhat lower than in the previous recorded period. For vessel 2, the recent LPUEs have been more variable, with some months above and some below the earlier period. The total seasonal annual LPUEs by grades (Figure 5) for both vessels suggest a downturn in the latest season (2006/7). However, the data for July 2006 to June 2007 is incomplete, missing some of the spring months when LPUEs can be expected to be seasonally high. Clearly, particularly for vessel 1, there have recently been some significantly lower LPUEs, with values up to 50% lower in some months than previous seasons. This is likely to have had a significant economic impact on earnings, and may well account for the switch of some fishing effort onto brown crabs. However, again with such a relatively short time series it is too early to draw significant conclusions about the status of the stock. 4.3.2.4. Summary. ICES consider Nephrops in the Minches to be exploited at a sustainable level. However, their assessments are carried out on too large a scale to be able to identify localised trends in the Torridon fishery. Local research by FRS and University Marine Biological Station Millport (UMBSM) (J Adey’s PhD – R12), together with records provided by fishers via Shielding Export Ltd provide an insight to stock abundance trends in Loch Torridon and the Inner Sound. The FRS data from TV surveys and observer sampling suggested a possible recent increase in stock abundance in 2005-6, following a possible decline. This contrasts with the Shielding logbook records that gave lower recent LPUEs. The FRS LCA analysis indicated the possibility of the males being slightly overexploited. Adey’s LCA analysis suggested that the Torridon stock is at less risk of growth overfishing (F There are no indications, from the limited available data, to suggest that there has been any significant reduction in Nephrops stock abundance in recent years. It is possible that the increased recruitment, seen throughout the Minches in the beginning of the current decade, raised LPUEs in the short-term, and also raised fishers’ longer-term expectations. The recent reductions in LPUE may be FN 07/019 82005 v4 Page 19 Moody Marine Ltd Loch Torridon Nephrops Creel Fishery: Certification Report due to natural fluctuations. However, it is essential to continue to collect the detailed logbook data that provide LPUE estimates, as well as the fishery independent TV surveys on a localised basis. Some concern has been expressed that fishing effort has increased within the creel only zone from the original 8 vessels in 2001 to 17 in 2006. Of the additional 10 vessels, only four have signed up to the Management Plan Code of Practice. Further assessment of existing data and continual monitoring will provide more comprehensive evaluation of current and ongoing stock status. FN 07/019 82005 v4 Page 20 Moody Marine Ltd Loch Torridon Nephrops Creel Fishery: Certification Report Monthly Nephrops LPUE (all grades) for Boat 2 during 2004 - 07 seasons 16.00 ) 14.00 s l e 12.00 e r c 10.00 0 0 2004/5 1 / 8.00 g 2005/6 k ( 6.00 E 2006/7 U 4.00 P L 2.00 0.00 t r l y r r r y y i y e l s r r e h r e e e a n u u a a c b p b b b r u J g u u M o A J m r a m t m u n e b c e e a M A t v e c J O p o e F e N D S Month Monthly Nephrops LPUE (all grades) for Boat 1 during 2004 - 2007 seasons 20 ) 18 s l e 16 e r 14 c 0 12 0 2004/5 1 / 10 g 2005/6 k 8 ( 2006/7 E 6 U 4 P L 2 0 t r l y r r r y y i y e l s r r e h r e e e a n u u a a c b p b b b r u J g u u M o A J m r a m t m u n e b c e e a M A t v e c J O p o e F e N D S Month Figure 4. Seasonal Nephrops LPUEs (all grades) for two Torridon vessels. FN 07/019 82005 v4 Page 21 Moody Marine Ltd Loch Torridon Nephrops Creel Fishery: Certification Report Boat 1. LPUE by grade and annual season (July to June) 12.00 10.00 ) d e l u a h 8.00 XL s l e L e r c 6.00 M 0 0 1 S / g k Total ( 4.00 E U P L 2.00 0.00 2004/5 2005/6 2006/7* Season (* incomplete to Feb 2007) Boat 2. LPUE by grade and annual season (July to June) 12.00 10.00 ) d e l u a 8.00 h XL s l e L e r c 6.00 M 0 0 1 S / g k Total ( 4.00 E U P L 2.00 0.00 2004/5 2005/6 2006/7* Season (* incomplete to Feb 2007) Figure 5. The total seasonal annual LPUEs by grades for two Torridon vessels. FN 07/019 82005 v4 Page 22 Moody Marine Ltd Loch Torridon Nephrops Creel Fishery: Certification Report 4.4 Management Advice TACs are calculated as a harvest ratio, based on stock estimates from TV surveys (R11). Additional allowance was made for the average (2003-2005) creel landings of 1973 tonnes. The latter would include landings from the Torridon fishery. The ICES ACFM advice for 2007 was for a TAC of 16,275 tonnes and no fishing effort increase for Area C. The EU adopted a TAC for 2007 of 19,885 tonnes, of which the UK is allocated 98% (19,415 tonnes). Following the setting up of the zonal management scheme in 2001, the intention has been to monitor the fishery closely with a view to offering specific local management advice. FRS is currently assessing all the relevant data. When their report is made available to SEERAD, the need for additional management for the Torridon and adjacent Nephrops fisheries will be considered, following consultation with all the relevant stakeholders. 5 FISHERY MANAGEMENT: 5.1 Management Objectives No specific management objectives have been set for this fishery. Precautionary reference points relating to stock biomass and fishing mortality rate have not been determined for Nephrops. TAC advice is based on a range of candidate harvest ratios of 15-25% applied to the TV survey abundance estimates (average of last 3 years) and adjusted to the landed weight equivalent (R11). STECF concluded that a harvest rate based on the F equivalent to the F0.1 reference point provided a sustainable way forward. A harvest rate of 20% was considered suitable for most Nephrops stocks. There have been some informal discussions within the fishing industry regarding local West of Scotland management objectives. A survey of fishers and processors (R6) addressed the issue of whether management should aim for maximum efficiency and hence profitability, or for protection of the local economy in terms of maximising employment in the very rural and fishing dependent coastal communities. 5.2 Consultative Process Local consultation takes place via the Torridon Nephrops Management Group. This comprises: - an independent elected Chairman, two fishing members from Shieldaig Export Ltd., four fishing members elected from Torridon, Gairloch, and Applecross creel fishers, a secretary from Shieldaig Export Ltd. representatives of SNH, FRS, IFAG, HIFA, and Highland Council, and scientists involved in local studies (in particular, UMBS Millport and Edinburgh University) attend as advisors. Seafish recently consulted the Nephrops fishing interests on the west coast of Scotland via a questionnaire (R6). Unlike England and Wales, there have been no local Sea Fisheries Committees in Scotland dealing with inshore fisheries to provide a forum for consultation. However, from 2006 a series of Inshore Fisheries Groups (IFGs) is being set up around Scotland. The Minister said "This announcement marks the most significant change in inshore fisheries management in a generation and highlights our determination to drive forward the implementation of our Strategic Framework for Inshore Fisheries. Local fishermen will now have more power to plan for and react to local circumstances and to develop new planning measures that suit their geographical conditions and the needs of their fisheries. Fishermen have a wealth of knowledge and expertise about their own local fisheries. It is crucial that this valuable resource is tapped into and used to create well managed, sustainable and profitable fisheries for coastal communities." FN 07/019 82005 v4 Page 23 Moody Marine Ltd Loch Torridon Nephrops Creel Fishery: Certification Report SEERAD has also set up SeaFAR (Sea Fisheries Advisory and Reference Group) to bring together a range of groups to help build a sustainable, well managed and profitable Scottish fishing industry. They are currently implementing an Action Plan for Scotland as a whole, that includes a stock- specific strategy for “Scottish Langoustines” (R7), covering effort limitation, larger mesh sizes and following the Seafish Responsible Fishing Scheme (R8). At the higher level of quota management and TACs consultation between SEERAD and fishers’ organisations is the main conduit. 6 STANDARD USED 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. Principle 1 addresses the need to maintain the target stock at a sustainable level; Principle 2 addresses the need to maintain the ecosystem in which the target stock exists, and Principle 3 addresses the need for an effective fishery management system to fulfil Principles 1 and 2 and ensure compliance with national and international regulations. The Principles and their supporting Criteria are presented below. 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. 1: 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. Criteria: 1. The fishery shall be conducted at catch levels that continually maintain the high productivity of the target population(s) and associated ecological community relative to its potential productivity. 2. Where the exploited populations are depleted, the fishery will be executed such that recovery and rebuilding is allowed to occur to a specified level consistent with the precautionary approach and the ability of the populations to produce long-term potential yields within a specified time frame. 3. Fishing is conducted in a manner that does not alter the age or genetic structure or sex composition to a degree that impairs reproductive capacity. 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. 1 The sequence in which the Principles and Criteria appear does not represent a ranking of their significance, but is rather intended to provide a logical guide to certifiers when assessing a fishery. The criteria by which the MSC Principles will be implemented will be reviewed and revised as appropriate in light of relevant new information, technologies and additional consultations FN 07/019 82005 v4 Page 24 Moody Marine Ltd Loch Torridon Nephrops Creel Fishery: Certification Report Criteria: 1. The fishery is conducted in a way that maintains natural functional relationships among species and should not lead to trophic cascades or ecosystem state changes. 2. The fishery is conducted in a manner that does not threaten biological diversity at the genetic, species or population levels and avoids or minimises mortality of, or injuries to endangered, threatened or protected species. 3. Where exploited populations are depleted, the fishery will be executed such that recovery and rebuilding is allowed to occur to a specified level within specified time frames, consistent with the precautionary approach and considering the ability of the population to produce long-term potential yields. 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. A. Management System Criteria: 1. The fishery shall not be conducted under a controversial unilateral exemption to an international agreement. The management system shall: 2. Demonstrate clear long-term objectives consistent with MSC Principles and Criteria and contain a consultative process that is transparent and involves all interested and affected parties so as to consider all relevant information, including local knowledge. The impact of fishery management decisions on all those who depend on the fishery for their livelihoods, including, but not confined to subsistence, artisanal, and fishing-dependent communities shall be addressed as part of this process. 3. Be appropriate to the cultural context, scale and intensity of the fishery – reflecting specific objectives, incorporating operational criteria, containing procedures for implementation, and a process for monitoring and evaluating performance and acting on findings. 4. Observe the legal and customary rights and long term interests of people dependent on fishing for food and livelihood, in a manner consistent with ecological sustainability. 5. Incorporates an appropriate mechanism for the resolution of disputes arising within the system2. 2 Outstanding disputes of substantial magnitude involving a significant number of interests will normally disqualify a fishery from certification. FN 07/019 82005 v4 Page 25 Moody Marine Ltd Loch Torridon Nephrops Creel Fishery: Certification Report 6. Provide economic and social incentives that contribute to sustainable fishing and shall not operate with subsidies that contribute to unsustainable fishing. 7. Act in a timely and adaptive fashion on the basis of the best available information using a precautionary approach particularly when dealing with scientific uncertainty. 8. Incorporate a research plan – appropriate to the scale and intensity of the fishery – that addresses the information needs of management and provides for the dissemination of research results to all interested parties in a timely fashion. 9. Require that assessments of the biological status of the resource and impacts of the fishery have been and are periodically conducted. 10. Specify measures and strategies that demonstrably control the degree of exploitation of the resource, including, but not limited to: a) setting catch levels that will maintain the target population and ecological community’s high productivity relative to its potential productivity, and account for the non-target species (or size, age, sex) captured and landed in association with, or as a consequence of, fishing for target species; b) identifying appropriate fishing methods that minimise adverse impacts on habitat, especially in critical or sensitive zones such as spawning and nursery areas; c) providing for the recovery and rebuilding of depleted fish populations to specified levels within specified time frames; d) mechanisms in place to limit or close fisheries when designated catch limits are reached; e) establishing no-take zones where appropriate. 11. Contains appropriate procedures for effective compliance, monitoring, control, surveillance and enforcement which ensure that established limits to exploitation are not exceeded and specifies corrective actions to be taken in the event that they are. B. Operational Criteria Fishing operation shall: 12. Make use of fishing gear and practices designed to avoid the capture of non-target species (and non-target size, age, and/or sex of the target species); minimise mortality of this catch where it cannot be avoided, and reduce discards of what cannot be released alive. 13. Implement appropriate fishing methods designed to minimise adverse impacts on habitat, especially in critical or sensitive zones such as spawning and nursery areas. 14. Not use destructive fishing practices such as fishing with poisons or explosives; 15. Minimise operational waste such as lost fishing gear, oil spills, on-board spoilage of catch etc. 16. Be conducted in compliance with the fishery management system and all legal and administrative requirements. 17. Assist and co-operate with management authorities in the collection of catch, discard, and other information of importance to effective management of the resources and the fishery. FN 07/019 82005 v4 Page 26 Moody Marine Ltd Loch Torridon Nephrops Creel Fishery: Certification Report 7 BACKGROUND TO THE EVALUATION 7.1 Evaluation Team Evaluation leader: Dr Andrew Hough: Moody Marine Limited. Dr Hough has a PhD in marine ecology from the University of Wales, Bangor and fourteen years post-doctoral experience in commercial marine and coastal environmental management projects. He is manager of Moody Marine operations within Moody International Certification with particular responsibility for the implementation of MSC Certification procedures and development of MSC methodologies. Dr. Hough has acted as lead assessor on the majority of Moody Marine MSC pre assessments and main assessments. Expert advisor: Dr David Bennett. David Bennett has 36 years experience in fisheries research, specialising in the biology, population dynamics, and assessment of commercially exploited fish and shellfish stocks, the provision of national and international fisheries management advice, and fisheries aspects of environmental impact studies. Dr. Bennett has particular experience in UK shellfisheries. He chaired the International Committee for Exploration of the Seas (ICES) Working Group on Nephrops stocks, has been a member of a number of ICES Working and Study Groups and of the ICES Advisory Committee on Fisheries Management, and an expert for DG XIV of the EU Commission. He peer reviewed the original MSC assessment of the Loch Torridon Nephrops Creel Fishery and is a member of the MSC team that recently assessed the NESFC Lobster and Bass fisheries. 7.2 Previous certification evaluations The Fishery was first certified on 16 January 2003. There were two conditions of certification raised in the initial assessment: 10.3.3 Re: Scoring Indicators 3.A.3.1, 3.A.3.2, 3.A.1.1, 3.A.1.3 a) A recognised body should be established to oversee the implementation of the Torridon Management Plan within the timescale specified below. b) Objectives and performance indicators should be determined in association with Scottish Natural Heritage and FRS Aberdeen. The first draft of the aforementioned objectives and indicators shall be provided to Moody Marine within three months of the certification date. c) A draft of the formal Torridon Management Plan document, including the necessary procedures for meeting the objectives, will be provided to Moody Marine within nine months of certification. This plan will describe how information from site-specific stock assessment by FRS Aberdeen will be used to determine fisheries conservation measures (input and / or output controls) necessary to achieve the management objectives. d) Contracts should be drawn up between the recognised Torridon Management body and all fishers included within the certified fishery. The formally adopted Torridon Management Plan, minutes of meetings, membership and contracts will be inspected at the first surveillance visit (12 months following certification date) e) Adherence with the requirements of the Torridon Management Plan will be inspected at each surveillance visit, including any additional, unannounced visits. Minutes of the formal management organisation meetings should show clear evidence of internal review of the success of the Torridon Management Plan in terms of the objectives set (including consideration of information from any external bodies) and resolution of any disputes. FN 07/019 82005 v4 Page 27 Moody Marine Ltd Loch Torridon Nephrops Creel Fishery: Certification Report f) The formal organisation governing implementation of the Torridon Management Plan should include evidence of training on the aims, objectives and procedures of the Plan to signatories. It should also set out corrective mechanisms in the event of non-compliance with the Torridon Management Plan. 10.3.4 Re: Scoring Indicator 2.1.3.3, 2.1.4.2, 2.1.5.3 Escape panels are now at the stage of feasibility testing. These should be fully evaluated in terms of their effectiveness and utility for the fishery as soon as practicably possible. Progress with these will be fully evaluated throughout ongoing surveillance and at key stages in testing and evaluation, including the impact of escape panels on size of catch. Evaluation is expected to be carried out by Scottish Natural Heritage as part of the Loch Torridon Project in collaboration with FRS Aberdeen. The fishery has since been subject to annual surveillance audits. Moody Marine confirmed acceptance of actions to address Conditions 1 a) and 1 b) on 15 April 2003. Following meetings of the TNMG on 9 June 2003 and 2 September 2003, a draft Management Plan was provided to Moody Marine and condition 1 c) closed on 10 October 2003. Condition 1 d) was closed at the first annual audit (2-6 February 2004). Condition 1 e) has been subject to ongoing monitoring, with satisfactory compliance. Condition 1f) was closed at the first annual audit. Condition 2 was closed at the Second annual audit (1-2 December 2004). 7.3 Inspections of the Fishery Inspection of the fishery focused on the practicalities of fishing operations, the mechanisms and effectiveness of management agencies and the operation of the fleet. The landing and subsequent handling of fish was also investigated to determine the suitability of fish landed to enter into a subsequent chain of custody. Meetings were held as follows. The key issues discussed have been identified for each meeting. Name Affiliation Date Key Issues TNMG: 27/3/07 Fishery management Richard Munday Independent Chair Fishery science John MacGregor Fisherman (information provided listed in Kenny Livingstone Fisherman Section 1.3) Prof Jim Atkinson UMBS Millport Alisdair MacLeod Fisherman David Donnan Scottish Natural Heritage Jim Drewery FRS FV Fram IV Fishing Vessel 28/3/07 Fishing practices Karen Starr TNMG (Secretary) 29/3/07 Inspection of landings Data recording 8 STAKEHOLDER CONSULTATION 8.1 Stakeholder Consultation An eventual total of 31 stakeholders were identified and consulted specifically by Moody Marine. Information was also made publicly available at the following stages of the assessment: FN 07/019 82005 v4 Page 28 Moody Marine Ltd Loch Torridon Nephrops Creel Fishery: Certification Report Table 1: Stakeholder Consultations Held Date Purpose Media 15 October 2006 Notification of confirmation of Direct E-mail/letter assessment Notification on MSC website Advertisement in press 15 October 2006 Notification of Assessment Team Direct E-mail nominees Notification on MSC website 7 November 2006 Confirmation of Assessment Team Direct E-mail Notification on MSC website 15 November 2006 Consultation on draft Performance Direct E-mail Indicators and Scoring Guideposts Notification on MSC website 16 February 2007 Release of final Performance Direct E-mail Indicators and Scoring Guideposts Notification on MSC website 16 February 2007 Notification of assessment visit and Direct E-mail call for meeting requests Notification on MSC website 27-29 March 2007 Assessment visit Meetings 11 September 2007 Notification of Proposed Peer Direct E-mail Reviewers Notification on MSC website 14 December 2007 Notification of Draft Report Direct E-mail Notification on MSC website Notification of Final Report Direct E-mail Notification on MSC website 8.2 Stakeholder Issues Feedback from stakeholders has not resulted in the identification of issues requiring specific investigation, although interest in the assessment process has been expressed from fishermen in neighbouring areas. 9 OBSERVATIONS AND SCORING 9.1 Introduction to scoring methodology The MSC Principles and Criteria set out the requirements of certified fishery. The certification methodology adopted by the MSC involves the interpretation of these Principles and Criteria into specific Performance Indicators against which the performance of fishery can be measured according to pre-specified guideposts. The Performance Indicators developed by the Moody Marine assessment team have been identified on the MSC website (Performance Indicators and Scoring Guideposts). In order to make the assessment process as clear and transparent as possible, these guideposts identify the level of performance necessary to achieve 100, 80 (a pass score), and 60 scores for each Performance Indicator. These generic Performance Indicators and Scoring Guideposts have been the subject of stakeholder consultation and have been confirmed or modified following this process based on the judgement of the assessment team. Prior to scoring, the Indicators are also ‘weighted’ in relative importance according to the nature of the fishery undergoing certification. At the top level, no weightings are assigned in terms of each MSC Principle; a fishery must ‘pass’ each of Principles 1, 2 and 3 in order to achieve certification and these are of equal importance. FN 07/019 82005 v4 Page 29 Moody Marine Ltd Loch Torridon Nephrops Creel Fishery: Certification Report Within each Principle, and related to each MSC Criterion, Sub-criteria and Performance Indicators are grouped in a hierarchy. Each level represents separate areas of important information (e.g. Indicator 1.1 requires a sufficient level of information on the target species and stock, 1.2 requires information on the effects of the fishery on the stock and so on). At the level of the Performance Indicators, the performance of the fishery is assessed as a ‘score’. In order for the fishery to achieve certification, an overall weighted average score of 80 is necessary for each of the three Principles and no Indicator should score less than 60. Accordingly, 100 represents a theoretically ideal level of performance and 60 a measurable shortfall. As it is not considered possible to allocate precise scores, a scoring interval of five is used in evaluations. As this represents a relatively crude level of scoring, weighted average scores are rounded to the nearest whole number. Weights and scores for the Fishery are presented in the scoring table. Weights for criteria, sub-criteria and Performance Indicators add to a total of 100 at each level of the hierarchy. Scores are allocated relative to the Scoring Guideposts. 9.2 Evaluation results Observations are presented in the scoring table, together with any weighting applied to the Fishery and the scores allocated. FN 07/019 82005 v4 Page 30 Moody Marine Ltd Loch Torridon Nephrops Creel Fishery: Certification Report 10 LIMIT OF IDENTIFICATION OF LANDINGS FROM THE FISHERY The extent of the fishery certification is to the landing of Nephrops by those fishing under the TNMG Code of Practice and landing Nephrops at locations (as identified by the TNMG) where such landings can be inspected and compliance with the Code of Practice verified. To be eligible to carry the MSC logo, these fish must then enter into separate Chain of Custody certifications. 11 CERTIFICATION RECOMMENDATION 11.1 Certification recommendation The Performance of the Fishery in relation to MSC Principles 1, 2 and 3 is summarised below: MSC Principle Fishery Performance Principle 1: Sustainability of Exploited Stock Overall : 84 PASS Principle 2: Maintenance of Ecosystem Overall : 88 PASS Principle 3: Effective Management System Overall : 89 PASS The fishery attained a score of 80 or more against each of the MSC Principles and did not score less than 60 against any Indicators. It is therefore determined that the Loch Torridon Nephrops Creel Fishery be re-certified according to the Marine Stewardship Council Principles and Criteria for Sustainable Fisheries. 11.2 Scope of Certification This assessment relates only to the fishery defined in Section 1.1 up to the point of landing as defined in Section 10. Monitoring and control of fishing locations and methods is considered sufficient to ensure fish and fish products invoiced as such by the fishery originate from within the evaluated fishery. Accordingly, the assessment team recommends a fishery certificate that would allow fish and fish products from this fishery to enter into further chains of custody subject to appropriate assessment and certification. 11.3 Pre-conditions, Conditions or Recommendations Associated with Certification 11.3.1 Pre-Conditions The fishery attained a score of 80 or more against each of the MSC Principles and did not score less than 60 against any Indicator. No pre-conditions are therefore required prior to certification being granted. 11.3.2 Conditions The fishery attained a score of below 80 against a number of Performance Indicators. The assessment team has therefore set a number of conditions for continuing certification that the client for certification is required to address. The conditions are applied to improve performance to at least the FN 07/019 82005 v4 Page 31 Moody Marine Ltd Loch Torridon Nephrops Creel Fishery: Certification Report 80 level within a period set by the certification body but no longer than the term of the certification. As a standard condition of certification, the client shall develop an 'Action Plan’ for Meeting the Condition for Continued Certification', to be approved by Moody Marine. The condition is associated with 1 key area of performance of the fishery, which addresses a number of Scoring Indicators. Condition, associated timescales and relevant Scoring Indicators are set out below. Condition 1. Control of effort within Closed Area and stock status Action required: It is recognised that the overall Nephrops stock within Functional Units 11 and 12 (North and South Minch) is considered by ICES to be exploited at a sustainable level. However, the creel fishing effort within the Torridon Closed Area has increased over the last five years and, it is now suggested, could be approaching saturation. This could give rise to a situation of local depletion. This could be exacerbated by the fact that some recent entrants to the fishery in the Closed Area have not agreed to comply with the Management Plan Code of Conduct. Whilst this has not had an evident effect at this time on the stock status, any future significant declines in stock abundance may compromise the MSC certified status of this fishery. TNMG should demonstrate that the input/output controls within Loch Torridon and the wider Area C management unit are effective in maintaining the status of the stock within Torridon waters at an appropriate level. It is therefore required that TNMG develop, with relevant management bodies, means of achieving appropriate limits on fishing mortality either through effort (input) and/or landings (outputs) within the closed area. This should include consideration of the implementation of the Code of Conduct on all vessels fishing within the closed area. Appropriate levels of monitoring of stock status (through fishery dependent and/or independent indices) must continue. If appropriate limits on fishing mortality are not developed, then it must be demonstrated that current management is effective in achieving sustainable exploitation of the stock within the Loch Torridon area. Timescale: Appropriate actions by TNMG should be begun within 6 months of certification of the fishery and continue to be explored, either throughout the duration of this certificate or, in the event of any determined significant declines in stock abundance, appropriate controls should be implemented in line with an appropriate stock rebuilding plan. Relevant Scoring Indicator: 1.1.3.7, 3A.6.3 11.3.3 Recommendations Bird predation is thought to be the main cause of discard mortality, as Nephrops behaviour appears to be unaffected following capture and subsequent return to the seabed. Whilst not a mandatory requirement, it is recommended that TNMG investigate the use of a pipe or chute to allow the discards to enter the sea well below the water surface and so avoid or reduce seabird predation on Nephrops, and other discard species. This would be particularly beneficial at times when there is a high proportion of small and/or ovigerous Nephrops being discarded. FN 07/019 82005 v4 Page 32 Moody Marine Ltd Loch Torridon Nephrops Creel Fishery: Certification Report APPENDICES Scoring Table Appendix A: Peer Review Reports 1. Peer Reviewer Biographies 2. Peer Review Report A 3. Peer Review Report B Appendix B: Client Action Plan FN 07/019 82005 v4 Page 33 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 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 33.3 84 populations that are depleted, the fishery must be conducted in a manner that demonstrably leads to their recovery. 1.1 (MSC Criterion 1) The fishery shall be conducted at catch levels that continually maintain the high productivity of the target population(s) and associated 66.7 83 ecological community relative to its potential productivity. 1.1.1 There should be sufficient information on the target species and stock separation to allow the effects of the fishery on the stock to be evaluated. 25.0 - 1.1.1.1 Is the species readily identified as adults and juveniles? 60 Misidentification is possible and The species, Nephrops norvegicus, is readily identifiable by fishers, managers, and enforcers and is R1, I2, I3 14.3 100 increases recording errors of recorded appropriately. catches, but this does not compromise monitoring to unacceptable levels. 80 The target species is unlikely to be confused with other species and/or any misidentification is demonstrably insignificant in the monitoring of catches. 100 The species is readily identified by fishers and by regulators and is recorded appropriately. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 1 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 1.1.1.2 Is the life history of the species understood and the spawning and nursery areas well described? 60 There are gaps in information Due to its economic importance this is a well studied species with an extensive scientific literature from the R1, R12, R13 14.3 90 but the basis of the life history is many countries where it occurs. The life history is well documented and there have been intensive studies understood. There is some of Nephrops on the west coast of Scotland for many years. Behaviour and key ecological interactions are information on spawning and sufficiently well described. nursery areas. 80 Critical factors in the life history The distribution of adults and associated juveniles (and so spawning areas) is well established. The main of the species are clearly gap in the life history off the coast of western Scotland is the larval distribution and a knowledge of the documented and understood. source of recruitment to local areas. The complex local topography with many islands and sea lochs is Spawning and nursery likely to create a complicated picture of larval recruitment. There is no evidence of any problems of areas/times are well established. recruitment, but nevertheless, this is an area for further research. 100 The life history of the species is clearly documented and well understood including behaviour and ecological interactions. Spawning and nursery areas are sufficiently well documented to support closed area / seasons where this is deemed necessary. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 2 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 1.1.1.3 Is the geographical range of the target stock known and any seasonal movements described? 60 A management unit approximating The geographical range of Nephrops stocks is well known, with little movement following settlement of R1, R11 14.3 85 the stock is used with some the larval stage and availability by season and sex are well established. biological justification. This is based upon a sufficiently robust ICES has difficulties in defining Nephrops ‘stocks’, in the biological sense, due to the extensive estimation of the geographical distribution of Nephrops on the west coast of Scotland. The Torridon fishery is defined by ICES as range of the target stock. being within ICES Division VIa, Management Area C, and straddles Functional Units 11 (North Minch) 80 A reliable estimate of the and 12 (South Minch). Assessments are carried out at the Functional Unit level, the ICES advice is geographic range of the target given at the Management Area (C) level, and the TAC is set for Division VIa + Vb (EC waters). The stock is available including Torridon area being assessed for certification may also be defined geographically as a distinct seasonal patterns of movement and component of this overall fishery. Comments are therefore given for Management Area C etc in terms of availability. stock assessment, and complemented by specific Loch Torridon comments where appropriate. 100 The complete geographic range of the stock, including seasonal patterns of movement/availability, is demonstrably understood and verified. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 3 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 1.1.1.4 Is information collected on the abundance/density of the stock? 60 Either fishery dependent or fishery Fishery dependent and independent indices are available for ICES Functional Units 11 and 12. Trends R11, R12, R13 14.3 85 independent indices are available in catch and landings data are reported in ICES Working Group Reports. ICES consider the assessment on the abundance/density of the of the male and female components of the stock separately, but identify stock status for a combined sex stock biomass. Qualitative Y/R curve (R15). information exists on the appropriateness of the indices as Assessment of Nephrops relies on: 1) underwater television (UWTV) to count Nephrops burrows, 2) proportional indicators of stock analysis of observer recorded catch data and fisher-collected landings per unit effort (LPUE) data, and 3) status. analysis of length composition data, using length cohort analysis (LCA), from market sampling of 80 Fishery dependent and/or fishery landed creel catches from the area of the North Minch containing Loch Torridon. Uncertainties in the independent indices are available UWTV survey have been analysed and reduced. on the abundance/density of the stock. Uncertainties have been This work was not entirely comprehensive as the Inner Sound area had not been fully covered, but analysed and those uncertainties additional sampling and surveys have been done since the first MSC assessment. Local survey work to have been reduced so as to allow Loch Torridon is undertaken by Fisheries Research Services (FRS) Aberdeen, in conjunction with trends to be determined from Scottish Natural Heritage (SNH), and complemented by university based research. The data time series indices. for Loch Torridon and the Inner Sound is still relatively short, however. 100 Fishery dependent and fishery independent indices are available on the abundance/density of the stock. Indices are consistent and there is clear evidence that they are proportional to the stock status. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 4 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 1.1.1.5 Is there information on fecundity, size at maturity, recruitment, growth and factors causing natural mortality? 60 There is sufficient information Information is available from surveys conducted by FRS Aberdeen for ICES Working Group Reports, R13 14.3 85 available on the fecundity, size at including scientific information being developed specifically for the Nephrops creel fishery. The maturity, growth and natural information available is considered to be reasonably comprehensive and mostly reliable although some mortality to support a basic gaps do exist. The following information is available for the West Coast of Scotland, but not assessment. specifically for the Torridon area:- 80 Quantitative estimates are available Fecundity (with size) is well documented of fecundity and maturity at size, Size at maturity is known for females growth rates and natural mortality, Sex structure is thoroughly understood sufficient to inform evaluation of Age/length relationships have been estimated stock status. Reproductive capacity in terms of egg production is well known 100 There is comprehensive and Little is known about larval distribution and spatial settlement reliable quantitative information on Growth is variable and related to the density of animals and sediment type the fecundity/size at Natural mortality estimates are taken into account in ICES assessments maturity/recruitment, growth rates Work to date indicated little genetic variability between stocks and factors causing natural mortality, which can be The quantitative information collected is used in the assessment of stock status (although ICES is incorporated into assessment placing more emphasis on the UWTV surveys of abundance to allow estimation of stock trends and models. calculation of TAC options). Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 5 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 1.1.1.6 Is information available on environmental influences on the stock dynamics? 60 Some relevant studies have been There have been extensive studies of the spatial relationship between sediment types, density and R13 14.3 80 undertaken on the effects of growth, applicable to (although but not specifically for) the small Torridon area. Nephrops in different environmental influences on the areas grow at different rates and mature at different sizes. This is related to the density of animals and stock. Research is encouraged and sediment type. On the softest mud, Nephrops density is low, but the animals grow relatively fast, and ongoing. reach a big maximum size. On sandier mud, Nephrops density is far higher, but the animals grow more 80 There is sufficient knowledge of slowly, and are smaller. In the North Sea there are differences in growth between stocks, while on the environmental factors affecting west coast of Scotland, differences also appear between areas within the same stock. The information distribution, survival and year class collected is used in the stock assessment process. strength to allow an estimation of effects on stock dynamics. Less is known about the temporal influences of other environmental factors on survival and year class 100 There is sufficient knowledge of strength, but no obvious determinants have been detected. environmental factors affecting distribution, survival and year class strength to allow detailed estimation of effects on stock dynamics. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 6 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 1.1.1.7 Is there information on variability in recruitment and can this be used to predict recruitment to the fishery? 60 There is some information on The measurement of recruitment is extremely difficult for this species, especially in the geographically I1 14.3 80 factors generating recruitment diverse waters of the west coast of Scotland. However, catch per unit effort (CPUE) and size variability, including some time- composition sampling is carried out (with a reasonable time series of data), particularly in the trawl series data. fishery where there is a higher catchability of small Nephrops, which gives some appropriate indications 80 There is some appropriate of recruitment variability to the fishable stock in the wider area. ICES has been able to follow measurement of recruitment and/or recruitment trends at the Functional Unit level. ongoing research into the factors generating recruitment variability so as to predict future recruitment. Time series data are available. 100 There is reliable monitoring of recruitment and/or strong evidence of ongoing research projects to study recruitment variability factors with some evidence of an understanding of those factors. Information, built up over a long time series exists and can be reliably used to predict recruitment for medium term stock projections. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 7 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 1.1.2 There should be sufficient information on the fishery to allow its effects on the target stock to be evaluated 25.0 - 1.1.2.1 Are all major sources of fishery related mortality recorded/ estimated, including landings, fishing effort, discards, incidental mortality and mortality of juveniles? 60 Sufficient information is recorded All vessels have to report landings data to SEERAD, which is supported by information from R10, R13 33.3 80 to allow accurate estimates to be registration of first time buyers. Effort data is also provided. Discard information is available from made of landings and effort. observer trips at sea onboard creel and trawl vessels Estimates of discards and incidental mortality are available. Landings and fishing effort by the vessels signed up to the Loch Torridon Management Plan are 80 Landings and effort are accurately accurately recorded on logsheets and collected by Shieldaig Export. Comprehensive observer data has recorded. Discards and incidental recently been collected on discards and incidental mortality within the Torridon area. Recent estimates mortality are well estimated. of discard mortality by seabirds have been made, but nothing is known about any predation of discards 100 Landings, effort, discards and as they descend to the seabed to locate shelter. Incidental mortality caused by the creels is likely to be incidental mortality are accurately insignificant. monitored. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 8 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 1.1.2.2 Are fleet descriptions, fishing methods and gear types known throughout the fishery? 60 Main fishing methods and gear The Torridon fishery is exploited solely by baited traps (creels). Trawling has not been permitted since I3, R10 33.3 95 types are known for the fishery May 2001. Vessels participating in the Loch Torridon Management Plan are very well documented. In with some information on situ observations of fishing practices have been the subject of a recent PhD study, supported by geographical areas of use. observations made by FRS observers and TNMG. TNMG record and review spatial and seasonal Information is available on the size variability of fishing effort. The Loch Torridon Management Plan specifies creel numbers and the fitting and composition of the fleet, but is of escape gaps for the participating fishers. not regularly updated. 80 Main fishing methods and gear Additional vessels that also fish using creels within the area closed to mobile gears are known and types are known and information is recorded, but with less detail. available on the geographical areas of use. Recorded information is available on the size and composition of the fleet. This is updated at appropriate intervals. Seasonal and geographical variations are known. 100 All fishing methods and gear types employed in the fishery are known. In-situ observations are made of fishing practices. Information on the size and composition of the fleet, and seasonal and geographical variability, is recorded and regularly reviewed. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 9 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 1.1.2.3 Is gear selectivity and composition of landing known for the fishery? 60 Appropriate information is Studies of gear selectivity have been carried out on both creel and trawl fisheries within Management R12, R10 33.3 85 available on selectivity and Area C. These are supported by regular observer trips to sea record catch, discards and landed size and qualitative changes in selectivity. sex composition. Data are sufficient to support the evaluation of the stock. Data on the composition of catches are sufficient to support a Within the Torridon area, Shieldaig Export also records landings by commercial size categories. rudimentary evaluation of the Additional sampling has been done (2005-6) by a PhD student providing detailed temporal and spatial fishery. information on selectivity . Information of landings and discards is sufficient to provide overall 80 Selectivity of gear types is well confidence in the evaluation of the fishery. estimated for key locations and times. Data on the composition of Behavioural studies suggest that Nephrops creels are relatively inefficient, with only 0.2-7% of catches in the main fisheries approaches to a creel leading to capture. Creels are also size selective with larger Nephrops being more affecting the target stock are catchable, particularly following con-specific interactions. adequate to support confidence in the evaluation of the fishery. The Torridon Management Plan stipulates a voluntary creel escape gap policy (gap width 22 mm by 100 Full selectivities have been overall length 96 mm) that will allow escapes of up to ca 40mm carapace length (CL). The Torridon accurately estimated for all gears, Management Plan also specifies that all ovigerous females should be returned to the sea. Fishers select locations and times of fishing over by size and condition for the commercial live Nephrops market. The majority of Nephrops discards in a suitable time period. There is the closed area were between 33 and 42 mm CL (overall range 30 – 43 mm CL, L50 = 39 mmCL), or comprehensive and reliable data on larger ovigerous females and those with heavily encrusted shells. Those fishers creeling within the the size structure and sex ratio of closed area who have not agreed to comply with the Management Plan are probably not fishing to the all significant catches; sufficient to same code of conduct, which can result in retention of smaller Nephrops, and of berried females. support a high degree of confidence in the evaluation of the fishery. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 10 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 1.1.3 There is a well-defined and effective harvest strategy to manage the target stock. 25.0 - 1.1.3.1 Are there appropriate limit and precautionary reference points based on stock biomass and fishing mortality? 60 Limit and precautionary reference TAC advice is based on a range of candidate harvest ratios of 15-25% applied to the TV survey R11 14.3 80 points have been chosen and are abundance estimates (average of last 3 years) and adjusted to the landed weight equivalent. Although justified based on standard ‘conventional’ biomass and fishing mortality reference points are not established for any ICES assessed international practice. Nephrops stocks, ICES and STCEF (The EU Scientific, Technical and Economic Committee for 80 Limit and precautionary reference Fisheries) consider that a harvest rate based on the F equivalent to F0.1 derived from Y/R analysis is points are justified based on stock sustainable and precautionary. For the Minches F0.1 is F=0.23, equivalent to a harvest ratio of about biology and are measurable given 20%. Given the difficulties of applying limit and precautionary reference points to these stocks, a 20% data and assessment limitations. harvest ratio is adopted as a precautionary reference point, but this also functions as a limit reference 100 Limit and precautionary reference point, thus making the harvest more precautionary. points are justified based on stock biology, uncertainty, variability, data limitations and statistical simulations of these factors. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 11 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 1.1.3.2 Is the stock status evaluated relative to appropriate reference points? 60 An approximated evaluation is Stock status is mainly evaluated using TV surveys, though time trends in catch, landings, effort and size R4 14.3 80 made of the stock status relative to composition are also monitored and analysed. LCA and VPA models have been used to provide both reference points. short-term and long-term forecasts, although the reliability of the parameter inputs raises doubts about 80 There is an evaluation of the stock the application of these models to management policy. TAC advice for the West Coast of Scotland is status relative to the reference based on a range of candidate harvest ratios of 15-25% applied to the TV survey abundance estimates points, undertaken at appropriate (average of last 3 years) and adjusted to the landed weight equivalent. This is undertaken biennially, and intervals. TAC’s set annually. STCEF has concluded that a harvest rate based on the F equivalent to the F0.1 100 There is a reliable probabilistic reference point provided a sustainable way forward. A harvest rate of 20% was considered suitably evaluation of the stock status precautionary for most Nephrops stocks. relative to the reference points and these provide short and longer term The Torridon closed area is surveyed using TV, and a harvest ratio could be used (if appropriate in forecasts. future) to calculate a localised TAC. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 12 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 1.1.3.3 Does the evaluation take into account major uncertainties in data and have assumptions been assessed? 60 Major uncertainties are identified. The uncertainties and assumptions encountered during stock status evaluation are well known and are R11 14.3 80 Some attempt has been made to considered in the assessment process. Specifically, there are problems with quantifying all the parameter evaluate these. inputs to cohort analysis. The sensitivity of the cohort analysis model has been well evaluated, however. 80 The evaluation takes into account Because of the parameter uncertainties STECF have moved away from the use of cohort analysis to the major uncertainties in the data and implementation of a harvest ratio based on the TV surveys of stock abundance. These uncertainties are functional relationships. The most overcome through the use of the TV survey as sampling strategy has been evaluated and stratification by important assumptions have been sediment type implemented. However, there are questions about burrow occupancy and edge effects assessed and the consequences are when estimating biomass. known. 100 The evaluation addresses all significant uncertainties in the data and functional relationships and evaluates the assumptions in terms of scope, direction and bias relative to management-related quantities. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 13 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 1.1.3.4 Are uncertainties and assumptions explored and reflected in management advice? 60 Major uncertainties are recognised Various parameter input uncertainties and assumptions in the LCA and VPA assessment models have R14, R12, R15 14.3 80 and are reported in management been well tested. The TAC management advice also takes account of the robustness of the TV surveys advice, as well as possible and the harvest ratio, set equivalent to F0.1. implications of those uncertainties on the management advice. ICES continues to express concern over the reliability of catch information, and has downgraded the 80 Major uncertainties and harvest ratio to a precautionary 15%. The recent buyers and sellers legislation in the UK is believed to assumptions are reflected in the have improved the quality of catch data. Detailed logbook information is supplied by the signatories to management advice and limitations the Torridon Management Plan. addressed through the appropriate decision rules. 100 All significant uncertainties and assumptions are addressed and reflected in the management advice, including appropriate decision rules. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 14 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 1.1.3.5 Does the stock evaluation include the consequences of current harvest strategies? 60 The evaluation makes an initial At the ICES Functional Unit level the consequences of TAC management and technical measures R11, R4 14.3 85 approximation of the consequences (minimum landing size and mesh size) are evaluated against uncertainties in the stock status estimates. of current harvest strategies. Within the closed area, with its own management plan, the current harvest strategy is evaluated against 80 The evaluation includes a robust localised survey and stock status results and the opportunities for consequential improvements are being approximation of the consequences considered. of current harvest strategies. Uncertainties are considered in harvest strategy evaluations. 100 The evaluation includes the consequences of current harvest strategies, forecasts future consequences of these and evaluates stock trajectories under decision rules. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 15 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 1.1.3.6 Are clear, tested decision rules set out? 60 It can be demonstrated that The overall management by TAC provides clear and fully documented decision rules as to when quotas R10 14.3 85 decision making, though not are fulfilled and fishing stopped. The level of the TAC is reconciled with the appropriate reference documented, is logical and points and data and assessment limitations on a biennial basis. Within the Torridon Management Plan appropriate in light of reference there are rules for the implementation of additional voluntary measures. points and data and assessment limitations. Rules may not have been tested. 80 Clear decision making rules exist, are fully documented, but may not have been fully evaluated. Decision rules are reconciled with appropriate reference points and with data and assessment limitations. 100 Clear, documented and tested decision rules are fully implemented and have been fully reconciled with reference points, and the data and assessment limitations, and have been periodically evaluated. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 16 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 1.1.3.7 Are appropriate management tools specified to implement input and/or output controls? 60 Management tools exist to As an output control, quota management regulations can be implemented by SEERAD Fisheries R10, I1, I2, I3 14.3 75 implement input and/or output Departments to restrict landings or close the fishery should this be deemed necessary. Landings for controls although these are not Nephrops are reconciled against allocated quota from the TAC for the wider area (ICES Area VIa, developed for the specific fishery, Management Area C, Functional Units 11 and 12). These controls are tested for the wider area and for or management tools are not fully the system as a whole. Licensing of both over and under 10 metre vessels has capped the UK Nephrops developed, but are specifically fleet. related to the fishery. Some evidence exists to show that tools Input controls specific to the Torridon area are in place as the gears allowed are regulated by the Closed can be effective in achieving Area (specifically banning mobile fishing gear) which came into force on 30th May 2001. management goals. 80 Management tools have been Input controls restricting fishing effort are defined in the Torridon Management Plan (specific to the specified to implement input and/or closed area and the Nephrops creel fishery). Limits are set in terms of the total number of creels in use, output controls. These are generic the numbers hauled per day, and the number of days fished per annum. However, the number of vessels although some attempt has been allowed to fish within the closed area is not limited. Vessels fishing within the closed area are not made to relate them to the specific obliged to sign up to the effort restrictions that are a central tenet of the Management Plan. These are fishery OR tools are lacking in potentially serious flaws in the effort control regime. Total effort within the closed area has increased some details but are specifically over the last five years and now seems to be approaching saturation. Those fishers creeling within the related to the fishery. Evidence closed area who have not agreed to comply with the Management Plan are probably not fishing to the exists to show clearly that tools are same code of conduct, which may result in exceeding of the pot and fishing day limits specified in the effective in achieving long term Management Plan. This has not had evident effects at this time on the stock status, but has the potential sustainable management of the to compromise long-term sustainability of the stock. stock. 100 Management tools, appropriate to See Condition 1. the species and fishery, have been specified to implement input and/or output controls. Tools are responsive, relevant and timely. Performance of the tools has been evaluated and evidence exists to show clearly that the management system has a high probability of achieving its objectives. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 17 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 1.1.4 The stock is/are at an appropriate level to maintain long-term productivity. 25.0 - 1.1.4.1 Is there evidence that stock status is consistent with that providing long-term productivity? [Score 80+: Criterion 1.1 is complete and Criterion 1.2 does not apply. Score 79 or less: Answer Criteria 2] 60 The stock is likely to be above ICES consider Nephrops in the Minches to be exploited at a sustainable level. However, their R4, R11, R13, R14 100 80 limit reference levels and trends in assessments are carried out on too large a scale to be able to identify localised trends in the Torridon the stock are positive. fishery. Local research by FRS and University Marine Biological Station Millport (UMBSM) (J Adey’s 80 The stock is likely to be above PhD), together with records provided by fishers via Shielding Export Ltd provide an insight to stock reference levels, including abundance trends in Loch Torridon and the Inner Sound. precautionary levels, consistent with data limitations. The FRS data from TV surveys and observer sampling suggested a possible recent increase in stock 100 The stock is highly likely to be abundance in 2005-6, following a possible decline. This contrasts with the Shielding logbook records consistently above precautionary that gave lower recent LPUEs. The FRS LCA analysis indicated the possibility of the males being reference levels. slightly overexploited. Adey’s LCA analysis suggested that the Torridon stock is at less risk of growth overfishing (F There are no indications, from the available data, to suggest that there has been any significant reduction in Nephrops stock abundance in recent years. Some concern has been expressed that fishing effort has increased within the creel only zone from the original 8 vessels in 2001 to 17 in 2006. Of the additional 10 vessels, only four have signed up to the Management Plan Code of Practice. Careful monitoring of stock status is required to assess the impact of the additional fishing effort, particularly those vessels not participating directly in the Torridon Management Plan. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 18 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 1.2 (MSC Criterion 2) Where the exploited populations are depleted, the fishery will be executed such that recovery and rebuilding is allowed to occur to a - - specified level consistent with the precautionary approach and the ability of the populations to produce long-term potential yields within a specified time frame. 1.2.1.1 If the stock is below the appropriate reference levels, are measures to rebuild the stock specified? - - As detailed above, no evidence of depletion is evident and so this Criterion is not applied to this fishery. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 19 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 1.3 (MSC Criterion 3) Fishing is conducted in a manner that does not alter the age or genetic structure or sex composition to a degree that impairs 33.3 85 reproductive capacity. 1.3.1 Fishing activity maintains the age, genetic structure or sex composition of the stock to a degree that does not impair reproductive 100 - capacity. 1.3.1.1 Is there adequate information on the stock sex and size structure and the existence of possible sub- populations? 60 There is some information There is overall information, over a relatively long time series, on size and sex structure for the Minch R4 50 85 available on the sex and age stocks, of which the Torridon fishery is a part. In addition to this, specific sampling for size and sex structure, based on some sampling structure of the Torridon creel catch has also been undertaken in recent years, although the time series and verification, and the here is too short to evaluate any specific changes in population structure. Fishing mortality on females is relationship of these to lower than on males. Appropriate studies have been undertaken on fecundity. reproductive capacity. There is some information on the presence Nephrops in different areas grow at different rates and mature at different sizes. This is related to the of sub-populations within the sediment type and density of animals. On the softest mud, Nephrops density is low, but the animals grow stock, with some monitoring as relatively fast, and reach a big maximum size. On sandier mud, Nephrops density is far higher, but the necessary. animals grow more slowly, and are smaller. In the North Sea there are differences in growth between 80 Estimates are available of the sex stocks, while on the west coast of Scotland, differences also appear between areas within the same stock. and size structure, based on Work to date has indicated little genetic variability between stocks. adequate sampling and verification for this stock, and the relationship of these to reproductive capacity. Genetic or sub-population studies have been carried out as appropriate. 100 There is comprehensive and reliable information on the sex and size structure and the relationship of these to reproductive capacity as well as evaluations of the implications of shifts in these parameters on productivity and management quantities. Genetic or sub-population studies have been conducted at appropriate time intervals. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 20 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 1.3.1.2 Does information indicate any changes in stock structure that would alter reproductive capacity? 60 Changes is stock structure have Creeling, and selection by fishers for the live Nephrops market, does tend to result in a higher R4, R13 50 85 been detected but there is no exploitation rate on larger individuals, particularly males. It has been suggested that this might result in evidence of negative effect on the reduction of mating opportunities for larger females, though there is no evidence to support this recruitment of the stock. hypothesis. For the Minches, ICES assessments show that there has been little or no trend in mean size Or potentially adverse changes in of Nephrops over time. There is no evidence that reproductive capacity has been impaired. There was an structure are identified and increase in recruitment throughout the Minches in the period 2001 – 2003, though recruitment declined remedial measures are subsequently. Recruitment is variable and such a short-term decline is likely to be due to natural factors, implemented, but their rather than a change in stock structure altering reproductive capacity. effectiveness may not be demonstrated. 80 Evidence exists that the fishery has not caused changes in stock structure that would affect recruitment. Or potentially adverse changes in structure are clearly identified and effective remedial measures are implemented. 100 Data strongly indicate a robust age, sex and genetic structure in the stock, such as would maintain reproductive capacity. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 21 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score Principle 2 Fishing operations should allow for the maintenance of the structure, productivity, function and diversity of the ecosystem (including 33.3 88 habitat and associated dependent and ecologically related species) on which the fishery depends 2.1 (MSC Criterion 1) The fishery shall be conducted at catch levels that continually maintain the high productivity of the target population(s) and associated 50 90 ecological community relative to its potential productivity. 2.1.1 There is adequate determination of ecosystem factors relevant to the geographical scale and life history strategy of the target species. 25.0 - 2.1.1.1 Are the nature, sensitivity and distribution of habitats relevant to the fishing operations known? 60 Appropriate information exists on Localised data on seabed topography within the Torridon area has been collected by side-scan sonar and R13 25.0 90 the main habitat types but may not an Acoustic Ground Discrimination System. As well as the recent data from the Loch Torridon Project be comprehensive or up to date. there is historical data available dating from 1990. The habitat occupied by Nephrops is well known and The seasonal distribution of fishing described. In addition, FRS carry out surveys throughout Management Area C using underwater TV to operations is known. count Nephrops burrows and assess sediment types. 80 The nature and distribution of all main habitat types are known in The main habitat of relevance to the fishery is the circa-littoral mud habitat in waters generally deeper adequate detail. Information is than 20 m. Extensive information is also available on ‘Mud habitats in deep water’ under the UK recent. The distribution of fishing Biodiversity Action Plan. The sensitivity of Nephrops habitat to creel fishing (specifically within the operations is monitored and the Loch Torridon area) has been established and the distribution of fishing operations is known and sensitivity of key habitats is monitored by TNMG. understood. 100 The nature, sensitivity and the distribution of all habitats relevant to the fishing operations are known in detail. Information is recent. The distribution of fishing operations and their effort is monitored and well recorded. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 22 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 2.1.1.2 Is information available on non-target species directly affected by the fishery? 60 The main non-target species Adey (2007) observing bycatch at Torridon and Loch Fyne from 17,809 creels found 52 species or R5, R12, R13 25.0 95 affected have been identified. taxonomic groups, with an average of 1.1 kg of non-target discards per 1 kg of landed Nephrops. The 80 Appropriate information is most common were five crustacean species (Pagurus bernhardus, Cancer pagurus, Liocarcinus available on non-target species depurator, Carcinus maenas and Munida rugosa), along with the whelk Buccinum undatum, the gadoid, directly affected by the fishery poor cod, Trispterus minutus and the dogfish Scyliorhinus canicula. The overall distributions and including some information on ecology of these species is understood. their distribution and ecology. 100 Information is available on all non- The biotopes occupied by Nephrops and fished by trawl and creels are also inhabited by sea pens. Deep target species directly affected by mud habitats in sea lochs on the west coast of Scotland support the three species of sea pens that occur in the fishery including their British waters, namely Funiculina quadrangularis (and its associated brittle star Asteronyx loveni), distribution and ecology. Virgularia mirabilis, and Pennatula phosphorea. 2.1.1.3 Is information available on the trophic position, status and relationships of the target species within the food web? 60 Key prey, predators and Nephrops itself is a key structuring species of deep mud communities and the main habitat of relevance R5, R12, R13 25.0 90 competitors are known. to this fishery is the circa-littoral mud habitat in waters generally deeper than 20 m. Quantitative 80 Information is available on information on diet and predators is available for Nephrops and information that exists suggests that it is significant aspects of the position, an opportunistic predator and scavenger on invertebrate species present. Predators, include cod, relationships and importance of haddock, whiting, skate and dogfish. target species in the food web at key life stages. The Loch Torridon Project provided information on Nephrops stocks, mapping of seabird habitats and 100 Information is available on the diver surveys of the Loch providing an underwater guide. Extensive information is also available on position and importance of the ‘Mud habitats in deep water’ under the UK Biodiversity Action Plan. target species and relationships within the food web at key life stages. Specific information is available on major interactions. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 23 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 2.1.1.4 Is there information on the potential for the ecosystem to recover from fishery related impacts? 60 Key elements of the functioning of No significant impacts have been identified at this stage. The ecosystem is well understood and R5, R12, R13 25.0 85 the ecosystem, relevant to the quantitative work has been undertaken on the structural role of Nephrops in the ecosystem. The Closed fishery, are identified. Area (area closed to mobile gear) should provide information on the effects of removing trawls as the 80 The main elements of the data time series extends. functioning of the ecosystem and resilience to change, relevant to the Studies have indicated that the effects of Nephrops creel fishing are unlikely to be significant. The stock fishery, are understood. status is good with no adverse trophic effects and as stated earlier, there is knowledge of the level of by- 100 Detailed information is available catch and the ecology of the species concerned. . Indirect impacts such as on Funiculina quadrangularis on the potential for affected (seapens) are considered low (SNH) and the potential to recover has been determined. elements of the ecosystem to recover from fishery related impacts. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 24 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 2.1.2 General risk factors are adequately determined. 25.0 - 2.1.2.1 Is information available on the nature and extent of the by-catch (capture of non-target species)? 60 Qualitative information is available Adey (2007) observing bycatch at Torridon and Loch Fyne from 17,809 creels found 52 species or R12, R13 22.2 90 on significant by-catch species. taxonomic groups, with an average of 1.1 kg of non-target discards per 1 kg of landed Nephrops. The 80 Quantitative information is most common were five crustacean species (Pagurus bernhardus, Cancer pagurus, Liocarcinus available on significant by-catch. If depurator, Carcinus maenas and Munida rugosa), along with the whelk Buccinum undatum, the gadoid, obtained by sampling, this is poor cod, Trispterus minutus and the dogfish Scyliorhinus canicula. Compared with trawl fisheries for considered sufficient to provide Nephrops, in creel fisheries Nephrops accounts for a far higher proportion of the catch, and adequate information. commercially exploited species make up only a small proportion of the bycatch. 100 Accurate records are kept on the nature and extent of all by-catch At Torridon the average catch per unit effort (CPUE) of non-target discards was 6.5 kg per 100 creels species. and of Nephrops was 2 kg per 100 creels, but varied between the Inner Sound and Loch Torridon. Likewise, the biomass and species composition of the non-target discards varied with fishing area. Small crabs are likely to be able to escape via the escape gaps in Torridon creels, and this may well explain the lower incidence of such species, compared with Loch Fyne where escape gaps are not used. Information was obtained through recent, extensive, sampling. The CPUE of non-target species discarded in Loch Fyne (15.2 kg per 100creels) was over twice that of the Torridon area (6.5 kg per 100creels). These data gave discard ratios of 2.02 kg non-target species per kg of Nephrops at Loch Fyne, in contrast to only 0.71 at Torridon. These differences may be explained by differences in habitat, community composition, fishing gear and practices (soak time, escape gaps) and possibly the abundance of epibenthos scavengers feeding on discards from the trawl fishery adjacent to Loch Fyne. 2.1.2.2 Is information available on the extent of non-retained catch (discards)? 60 Information is available of the FRS collects discard data on a quarterly basis. More intensive sampling was undertaken in 2004 – 2005 R12, R13 22.2 90 extent of non-retained catch, or the (Adey, 2007). The majority of Nephrops discards in the closed area were between 33 and 42 mm CL likely significance of this. (overall range 30 – 43 mm CL, L50 = 39 mm CL), or larger ovigerous females and those with heavily 80 Information is available to allow encrusted shells. The modal size of discards in the trawl fishery is considerably lower (25 mm CL). The estimates of the non-retained catch Torridon Management Plan specifies the use of escape gaps in creels, which reduces the quantities of to be calculated and interpreted. small Nephrops discarded directly by the fishers. The Plan also specifies that berried (ovigerous) 100 Accurate and verifiable females should be discarded. Discard survival is considered to be high. information is available on the extent of all non-retained catch, and the consequences of these. Or the entire catch is landed. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 25 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 2.1.2.3 Is there information on any unobserved fishing mortality (i.e. sources of mortality other than those above)? 60 Areas of potential unobserved Nephrops creels appear to have very little detrimental impact on the benthic environment, with impacts R5, R12, R13 22.2 90 fishing mortality are identified but appearing to be considerably lower than for the trawl fishery. Studies have demonstrated little no further information is available. unobserved mortality on Nephrops during creel fishing on the seabed. 80 Information from existing work has allowed qualitative estimates of Deep mud habitats in sea lochs on the west coast of Scotland support the three species of sea pens that unobserved fishing mortality to be occur in British waters. One species, Funiculina quadrangularis (and its associated brittle star made. Asteronyx loveni) is considered to be reduced in abundance and has been classified as a nationally rare 100 Research has been carried out on species of conservation importance. This species is potentially more vulnerable to damage from fishing, unobserved fishing mortality as unlike the other two species of sea pens, it cannot withdraw into the sediment. It can re-anchor itself allowing quantitative estimates to in the sediment following disturbance. There is no evidence that creeling adversely affects the density of be made (or it is known that F. quadrangularis, despite a proportion of them being displaced by creels and creel lines. However, its significant unobserved mortality symbiotic brittle star A. loveni does seem to be reduced in abundance in both trawled and creeled areas, does not occur). and creeling may have more impact on the brittle star than the sea pen, though further studies are required. Adey (R12) noted that although both the slender sea pen V. mirabilis and the phosphorescent sea pen P. phophorea can be caught in moderate quantities as a bycatch in the creel fishery, the observed high densities of these two species in areas of intense creel fishing suggest that creel fishing does not have a major adverse impact on them. Comparison with trawled areas showed some differences in density, the most notable being that the tall sea pen Funiculina quadrangularis was less abundant on trawled grounds. 2.1.2.4 Are the effects of supply and use of bait known? 60 Types of bait, extent of use and Salted herring are used as bait in Nephrops creels. It has been estimated that about 50 tonnes of herring R12 22.2 95 sources of supply are known. are used annually in the Torridon fishery. The herring are purchased on the commercial market and 80 There is adequate knowledge of the represent but a very small proportion of the total landed catch of herring in Scotland. The amount of bait use of bait including sources and used and the method of utilisation are fully known and the effect on the herring fishery is judged to be amounts and there is sufficient minimal. information to indicate that collection of bait does not cause The bait is consumed primarily by the Nephrops or scavengers. It was observed on the field visit that significant conservation problems. any bait remaining in pots as they were sorted on deck was removed by the fishers and thrown over the 100 All significant impacts of the side. In almost all cases, the bait was caught by gulls before reaching the water. supply and use of bait are known. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 26 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 2.1.2.5 Are the potential and significance of introduced / relocated species known? 60 There is recognition of potential There is no potential for introducing species to this fishery by the current fishing practices. Nephrops I2, I3 11.1 95 sources of introduced / relocated from this fishery are sent alive mainly to Spain. It is most unlikely that there would be any escapees into species. Spanish waters. There is only a very low risk of other species contaminating exports of Nephrops. 80 Potential routes and significance of introduced/relocated species directly related to the fishery are known 100 Potential routes and significance of introduced/relocated species directly related to the fishery are known and monitored. Records are kept. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 27 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 2.1.3 There is adequate knowledge of the effects of gear-use on the receiving ecosystem and extent and type of gear losses. 25.0 - 2.1.3.1 Is there adequate knowledge of the physical impacts on habitat due to use of fishing gear? 60 Main impacts of gear use on The nature of creel fishing is relatively benign and the impacts on habitat are reasonably considered to R5, R12, R13 50.0 90 habitat are identified or can be be minimal, especially in light of studies undertaken as part of a recent PhD. The extent and location of estimated, including extent and fishing activity and habitat type is known in detail with habitat recovery expected to be very rapid. locations of use. Associated creel-drag effects have not been quantified but are not expected to be significant. 80 Impacts of gear use on the habitat are identified or can be reliably estimated including information on the extent, timing and location of use. 100 The physical impacts on the habitat due to use of gear have been studied and quantified, including details of any irreversible changes. 2.1.3.2 Is any gear lost during fishing operations and are any effects known (e.g. can ‘ghost fishing’ occur)? 60 Some recording of gear losses Historically, the main losses were due to interaction with trawlers. However, since the implementation R12, R13 50.0 95 takes place and an assessment can of the Closed Area on 30th May 2001, losses have reduced considerably and are now considered to be be made of ecosystem impacts, virtually negligible. including possible ‘ghost fishing’. 80 There is knowledge of the type, Some concern has been expressed about the possible impact of Nephrops creels that are left unhauled for quantity and location of gear lost long periods or lost by fishers. Gear losses are experienced during fishing operations and recorded by during fishing operations. fishers affected. Each fleet of creels is marked by a buoy identified with the vessel name. Creels are Estimates can be made on the ruggedly constructed and interviews indicated that in time many lost creels are washed ashore, returned extent of adverse effects, including to fishers and re-used. ‘ghost fishing’ and habitat impacts. 100 There is detailed knowledge of the Adey (2007) found that both target (Nephrops) and non-target species were able to escape from creels. type, quantity and location of gear Nephrops seemed able to survive for long periods in creels, but the majority eventually escaped. Fewer types lost during fishing crabs were retained in creels with escape gaps, which resulted in more Nephrops being caught in these operations. The impact of gear loss creels. There was no re-baiting from the small number of species that died within the creels. When the on target and non-target species original bait is fully consumed, lost creels will cease to fish. It appears unlikely, therefore, that lost can be shown to have negligible creels constitute a serious issue in this fishery. effects on habitats, ecosystems or species of concern through, for example, ‘ghost fishing’. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 28 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 2.1.4 Assessments of impacts associated with the fishery including the significance and risk of each impact show no unacceptable impacts on 25.0 - the ecosystem structure and/or function, on habitats or on the populations of associated species. 2.1.4.1 Does the removal of target species have unacceptable impacts on ecosystem structure and function? 60 The removal of target species Nephrops is the key structuring species in this habitat and the target stock is resilient and not over R11, R4, R12 20.0 85 could lead to impacts upon exploited with ICES reporting that the stocks in area V1a, Management Area C, Functional Unit 11, ecological systems (applying the including Loch Torridon appear stable and are exploited at sustainable levels. precautionary approach where necessary). A programme is in The Torridon Management Plan (TMP) contains measures that further protect the stock within the development to identify these and, Closed Area with these measures in turn benefiting the ecosystem. There are no indications, from the if appropriate, reduce mortality to available data, to suggest that there has been any significant reduction in Nephrops stock abundance in acceptable limits. recent years. FRS are monitoring the TMP and fishery within the Closed Area. 80 Sufficient information is available on consequences of current levels Discard target species and many by-catch species are returned alive, and this has been further improved of removal of target species to by the fitting of the escape panels with a gap width of 22mm which will allow escapes of Nephrops up to suggest no unacceptable impacts of ca 40mm. Adey (R12) estimated the harvest ratio at only 7.6%, well below the 15-25% ratios considered the fishery on ecological systems appropriate by ICES, within major fishing areas. 100 The ecological consequences of current levels of removal of target species have been evaluated and determined to be within acceptable limits. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 29 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 2.1.4.2 Does the removal of non-target species have unacceptable impacts on populations or ecosystem structure and function? 60 The removal of non-target species Survivorship of discarded by-catch species such as crabs and squat lobsters is considered to be good. R12, R13 20.0 85 could lead to impacts upon Escape gaps assist the reduction of by-catch and discards. The gap width is 22mm and has been shown population status and/or ecological to allow escapes of other species such as crabs and squat lobsters. Some quantification and assessment systems (applying the is available. No unacceptable impacts have been identified. precautionary approach where necessary). A program is in Specifically, bycatch observations at Torridon and Loch Fyne from 17,809 creels found 52 species or development to identify these and, taxonomic groups, with an overall average of 1.1 kg of non-target discards per 1 kg of landed Nephrops. if appropriate, reduce these to The most common were five crustacean species (Pagurus bernhardus, Cancer pagurus, Liocarcinus acceptable, defined limits. depurator, Carcinus maenas and Munida rugosa), along with the whelk Buccinum undatum, the gadoid, 80 Sufficient information is available poor cod, Trispterus minutus and the dogfish Scyliorhinus canicula. In contrast to some trawl fisheries on consequences of current levels for Nephrops, in creel fisheries Nephrops accounts for a far higher proportion of the catch, and of removal of non-target species to commercially exploited species make up only a small proportion of the bycatch. suggest no unacceptable impacts of the fishery on population status The data gave discard ratios of 2.02 kg non-target species per kg of Nephrops at Loch Fyne, in contrast and/or ecological systems within with only 0.71 at Torridon. These differences may be explained by differences in habitat, community major fishing areas. composition, fishing gear and practices (soak time, the 22mm escape gaps in use in Torridon) and 100 The consequences of current levels possibly epibenthos scavengers feeding on discards from the trawl fishery adjacent to Loch Fyne. of removal of non-target species on population status and/or ecological systems have been evaluated and determined to be within acceptable limits. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 30 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 2.1.4.3 Does the fishery have unacceptable impacts on habitat structure? 60 There is no evidence that the Impacts on the habitat structure, within main fishing areas and elsewhere, have been shown to be R5, R12, R13 20.0 90 fishery is having unacceptable insignificant. SNH and FRS have monitored the effectiveness of the Torridon Management Plan and impacts, based on a reasonable support the initiative in that as well as sustaining the fishery it will in turn benefit the supporting understanding of the fishery, environment. although the issue has not been directly studied. 80 It can be demonstrated that the fishery does not have unacceptable impacts upon habitats within major fishing areas or on sensitive habitats elsewhere. 100 Effects on habitat structure are well documented and are within acceptable tested/justified limits. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 31 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 2.1.4.4 Are associated biological diversity, community structure and productivity affected to unacceptable levels? 60 There is no evidence that the Biological diversity is not affected and the stability of the stock over a long period has maintained R5, R12, R13 20.0 85 fishery is having unacceptable biodiversity and productivity. Biological diversity has been studied and quantified by SNH through impacts, although the issue has not ongoing studies. Attempts to distinguish differences in biodiversity and epibenthic species composition been directly studied. resulting from different fishing practices were confounded by differences in habitat characteristics in the 80 Information is available on the different fishing zones (Adey et al, 2006). effects of the fishery on biological diversity, community structure and Information is also available on predators, which include cod, haddock, whiting, skate and dogfish. productivity. This does not indicate Effects of the fishery are not identified as affecting biological diversity and productivity to unacceptable any unacceptable impacts. levels. 100 The effects of the fishery on biological diversity, community structure and productivity have been quantified and are within acceptable tested/justified limits Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 32 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 2.1.4.5 Are management strategies in place to address impact identification and avoidance/reduction? 60 Management strategies include Despite the likelihood of minimal impacts on ecosystems and habitats there are research studies to detect I1 20.0 85 some appropriate consideration of possible impacts. Should undesirable impacts be identified (and this has not been the case to date) then ecosystem impact identification measures could be implemented through the TNMG, such as with the introduction of escape panels, a and avoidance/reduction, but may precautionary measure to protect the stock and to minimise bycatch. not be tested. 80 Appropriate management strategies are in place to detect and reduce ecosystem impacts, although these may not have been fully tested. These are designed to adequately protect key aspects of the ecosystem within main fishing areas. 100 Management strategies are in place to monitor, detect and reduce impacts. These are designed to adequately protect ecosystems, habitats and populations of target and non-target species and keep impacts within determined acceptable levels. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 33 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 2.2 (MSC Criterion 2) The fishery is conducted in a manner that does not threaten biological diversity (at the genetic, species or population levels and avoids 50.0 86 or minimises mortality of, or injuries to endangered, threatened or protected species. 2.2.1 Fishing is conducted in a manner, which does not have unacceptable impacts on recognised protected, endangered or threatened 50.0 - species. 2.2.1.1 Is there information on the presence and populations of protected, endangered or threatened (PET) species? 60 There is a programme in place to Sea mammals. There is considerable information available, but this fishery poses no risks. R5, R12, R13 33.3 95 identify protected, threatened and endangered species directly related Fish. Extensive knowledge on fish populations in the area is available. to the fishery. There is periodic monitoring of the main population Seabirds. Populations are well studied and recorded. trends and status of protected, endangered and threatened species. Other Species. The only other protected species of relevance are the sea pens (see 2.1.2.3). 80 Key protected, threatened and endangered species directly related Research and monitoring is underway to determine threats and to promote conservation of protected to the fishery have been identified. species. Habitat distributions related to PET species have been determined. Populations are monitored on a regular basis. 100 There is knowledge of all populations of protected species directly or indirectly related to the fishery including their dynamics. Regular monitoring of protected, endangered and threatened species is undertaken, supported by research programmes to assess threats and promote their conservation. The type and distribution of critical habitats have been identified. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 34 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 2.2.1.2 Are interactions of the fishery with such species adequately determined? 60 The main interactions directly The only protected species of relevance to the fishery are the sea pens (see 2.1.2.3). Intensive studies on R5, R12, R13 33.3 90 related to the fishery are known. interactions have been made in the areas both trawled and creeled. Other species are mentioned below 80 Estimates are made of the effects for completeness. of interactions directly related to the fishery. There is a requirement Sea mammals. Information is available but no adverse impacts are expected. to record and report all incidental mortalities. Fish. Data exists on the small bycatch of fish, but this would not affect protected species. 100 Reliable quantitative estimates are made of the interactions of all Seabirds. Observations on bird behaviour have been made during fishing operations. populations directly related to the fishery, and qualitative information is available on indirect impacts. Incidental mortalities are recorded and reported. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 35 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 2.2.1.3 Do interactions pose an unacceptable risk to such species? 60 Known effects are within The only protected species of relevance to the fishery are the sea pens (considered in 2.1.2.3). As R5, R12, R13 33.3 90 acceptable limits of national and described, impacts on these species appear to be minimal and not significant to the populations present. international legislative requirements and are believed to Sea mammals. No adverse impacts known or expected. create no biological threats to the species concerned. Fish. There is a small bycatch of fish that is insignificant compared to commercial trawl fisheries in 80 Critical interactions are well adjacent areas. estimated and do not threaten protected species. Seabirds. The only impact on seabirds is a positive one of providing food from discarded bycatch and 100 It is known that the direct and bait. indirect effects of fishing on threatened and endangered species are within acceptable limits. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 36 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 2.2.2 Strategies have been developed within the fisheries management system to address and restrain any significant impacts of the fishery 50.0 - on protected, endangered or threatened species. 2.2.2.1 Are management objectives and accompanying strategies in place in relation to impact identification and avoidance/reduction? 60 Management systems are in place Little potential for adverse impact has been identified, but this is continually assessed. Overall UK I1 100 80 to address key areas of impact objectives are set for nature conservation Mitigation measures would be implemented if required. identification and avoidance/reduction. 80 Management objectives are set to detect and reduce impacts. Accompanying strategies are designed to adequately protect endangered and threatened species within main fishing areas. 100 Tested management objectives are set to detect and reduce impacts Accompanying strategies are designed to adequately protect endangered and threatened species. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 37 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 2.3 (MSC Criterion 3) Where exploited populations (of non-target species) are depleted, the fishery will be executed such that recovery and rebuilding is - - allowed to occur to a specified level within specified time frames, consistent with the precautionary approach and considering the ability of the population to produce long-term potential yields. 2.3.1 There are management measures in place that allow for the rebuilding of affected populations. - - 2.3.1.1. Is there sufficient information to allow determination of necessary changes in fishery management to allow recovery of depleted populations? Criterion 2.3 is not applicable, as the fishery does not significantly affect any depleted species. - - Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 38 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score Principle 3 The fishery is subject to an effective management system that respects local, national and international laws and standards and 33.3 89 incorporates institutional and operational frameworks that require use of the resource to be responsible and sustainable 3.A Management System Criteria 50.0 89 3A.1 (MSC Principle 3 Intent A management system containing an institutional and operational framework exists with clear lines of responsibility. 12.5 - and Criterion 3) 3A.1.1 Are organisations with management responsibility clearly defined including areas of responsibility and interactions? 60 Organisations with management Management responsibility for Scottish fisheries lies with the Scottish Executive. They interact with R6, R7, R10, R11 25.0 95 responsibility are known. DEFRA and the EU Commission on measures that affect UK and EU matters (e.g. TACs, quota Responsibilities and interactions management, and technical measures). SEERAD interacts within Scotland with their enforcement may require clarification. agency (SFPA), Seafish, Producer Organisations, Fishermen’s Associations, Scottish Natural History 80 Organisations with management (SNH), Fisheries Research Services (FRS), Sea Fisheries Advisory and Reference Group (SeaFAR), responsibility have been defined IFGs (Inshore Fisheries Groups), and environmental groups (NGOs). The closed area, that comprises including key areas of the Loch Torridon Management Plan, was set up by the Scottish Executive in the Inshore Fishing responsibility and interaction (Prohibition of Fishing and Fishing Methods) (Scotland) Amendment Order 2001. Areas of 100 Organisations with management responsibility are defined, and interactions are effective. responsibility are clearly defined including all areas of responsibility Local consultation takes place via the Torridon Nephrops Management Group. This group comprises: - and interaction. Interactions are an independent elected Chairman, demonstrably effective. two fishing members from Shieldaig Export Ltd., four fishing members elected from Torridon, Gairloch, and Applecross creel fishers, a secretary from Shieldaig Export Ltd. representatives of SNH, FRS, IFAG, HIFA, and Highland Council, and scientists involved in local studies attend as advisors. Shieldaig Export has the responsibility for implementing the Management Plan. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 39 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 3A.1.2 Is the system consistent with the cultural context, scale and intensity of the fishery? 60 Inconsistencies may arise in some Nephrops has been fished in the area for the last 30 years and local communities are now greatly R12, R13 25.0 90 key areas but a programme is in dependent on the continuity of the fishery. Under the EU Common Fishery Policy, management is place to address these. directed at a much larger area. SEERAD has been extending stakeholder representation in local inshore 80 The system is consistent with key fisheries management via SeaFAR, the Scottish Inshore Fisheries Advisory Group (SIFAG), and IFGs. elements of the cultural context, scale and intensity of the fishery. The local voluntary Torridon Management Plan is in context with the scale and intensity of the fishery. 100 The system is entirely consistent In the Closed Area mobile fishing gear has been banned from 30th May 2001, and this has allowed creel with the cultural context, scale and fishing to be conducted without interference whilst the Torridon Management Plan protects the stock on intensity of the fishery. which the creel fishers depend, i.e. the fishers themselves have protected their own fishing grounds, albeit voluntarily. However, not all fishers have signed up to the plan. These fishery management actions, and local value-added income, are seen as key benefits to the local economy. The system is therefore consistent with the cultural context, scale and intensity of the fishery 3A.1.3 Is the management system subject to internal review? 60 There are mechanisms in place to EU Commission relies upon the Scientific, Technical and Economic Committee for Fisheries (STECF) R7, R9, R11, R10 25.0 80 allow for internal review. for direct advice on management, on an annual basis. The advice STECF receives from ACFM is a 80 The management system is subject review of the ICES Working Group assessments and advice. Within Scotland SEERAD takes scientific to internal review at appropriate advice from FRS, SNH and other stakeholders, and is responsible for the management regime. The intervals. Recommendations are Torridon Management Plan is subject to annual review by the Torridon Nephrops Management Group. reviewed and any improvements are implemented over appropriate timescales. 100 The management system is subject to regular and frequent internal review. Monitoring and evaluation are ongoing and improvements quickly tested and implemented. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 40 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 3A.1.4 Is the management system subject to external review? 60 There are mechanisms in place to EU seeks external scientific advice from ICES, ACFM and its Working Groups. Every ICES WG R11, R10 25.0 80 allow for external review. assessment is comprehensively reviewed by an independent scientist on ACFM. ICES may also involve 80 The management system is subject external scientists in reviews of its methodologies if considered necessary. to external review at appropriate intervals. Recommendations are Political pressure from the Member States on the Commission and the independence and international reviewed and any improvements standing of ICES and other bodies ensure CFP review processes are externalised. A review of the CFP, are implemented over appropriate in particular, involved extensive stakeholder input (including representatives of the fishing industry, timescales NGO’s, independent scientists etc). Although various (and more urgent) elements of the management 100 The management system is subject system are subject to review, there is no systematic review of the system as a whole. to rigorous, regular and frequent external review. Monitoring and UK management measures, such as enforcement, are reviewed by the European Commission. To some evaluation are ongoing and extent DEFRA takes the lead in fisheries negotiations for the UK, but has little direct review improvements quickly tested and responsibilities for Scottish inshore management. implemented. The Torridon Management Plan is subject to regular review by SEERAD, FRS, and SNH. 3 A.2 (MSC Criteria 1, 2, 4) The management system has a clear legal basis. 12.5 - 3A.2.1 Is the fishery consistent with International Conventions and Agreements? 60 The management system operates The fishery operates under the EU Common Fisheries Policy and is fully compliant with it. No other I1 33.3 95 under relevant international conventions apply to West of Scotland Nephrops. conventions and agreements, but some management actions may be questionable in relation to the terms of these. 80 The management system appears to be in full compliance with international conventions and agreements. 100 The management system is demonstrably compliant with all relevant international conventions and agreements. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 41 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 3A.2.2 Is the fishery consistent with national legislation? 60 The management system operates Nationally, SEERAD assisted by its Scottish Fisheries Protection Agency (SFPA) enforce UK and EU R10 33.3 100 under relevant national legislation, sea fisheries regulations. Due to the nature of the Torridon fishery – creel fishing with selection well but some management actions may above the minimum landing size and where quota allocations are not limiting – compliance with EU and be questionable in relation to the national management is not an issue. terms of these. 80 The management system appears to The Closed area has a clear legal basis (Scottish Statutory Instrument 2001 No. 174). The Torridon be in full compliance with national Management Plan is a voluntary code of practice that is monitored both internally and externally. legislation. 100 The management system is demonstrably compliant with all relevant national legislation. 3A.2.3 Does the system observe the legal and customary rights of people dependent upon fishing? 60 The customary and legal rights of Licence and quota allocations were made on the basis of existing activity and fishing track records, R10 33.3 90 the people dependent upon fishing established in legislation and regulations. The Torridon Management Plan has been implemented within are known and no major conflicts the Closed Area by the Torridon Nephrops Management Group. In the Closed Area the Torridon have been identified. Management Plan protects the stock on which the creel fishers depend, i.e. the fishers themselves have 80 The system observes the legal and voluntarily protected their own fishing grounds. Creel fishers are allowed to operate exclusively within customary rights of people the Closed area. Compensation for excluded trawlers is through the allocation of a trawl-only area. dependent upon fishing but does Fishing operations within the Closed area are undertaken by local fishers; however, other creel fishers not necessarily have a formal are allowed to operate if they wish without having to abide by the Code of Practice. This has resulted in codified system. an increase in creeling effort within the closed area with some different fishing practices. 100 The system observes all legal and customary rights of people dependent upon fishing under a formal codified system. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 42 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 3A.3 (MSC Criteria 2, 5, 7) The management system includes strategies to meet objectives including consultative procedures and dispute resolutions. 12.5 - 3A.3.1 Does the management system contain clear short and long-term objectives? 60 Short and long-term resource and The Common Fisheries Policy sets clear objectives for the stock. Technical measures (minimum mesh R10 18.4 90 environment objectives are implicit size and minimum landing size) provide the longer-term measures, while short-term objectives are within the management system. achieved through harvest ratios and the biennial setting of annual TACs. 80 The management system contains short and long-term resource and Within the Closed area, the objective is to follow the Torridon Management Plan and show successful environment objectives. management of the stock and the ecosystem. The Management Plan has stated objectives and 100 The management system contains performance indicators. These are monitored by the Torridon Nephrops Management Group. clear and explicit short and long- term resource and environment objectives that can be measured by performance indicators. 3A.3.2 Do operational procedures exist for meeting objectives? 60 Operational procedures exist which Overall objectives for the Nephrops stock are met through quota management procedures and other R10 18.4 85 are applied to the meeting of technical regulations. These are subject to monitoring and feedback to managers. objectives. 80 Transparent operational procedures The Torridon Nephrops Management Plan has clearly stated performance indicators that are monitored are applied to the meeting of by Shieldaig Export on behalf of the Torridon Nephrops Management Group, e.g. fishers fill in objectives. These procedures can logsheets, both to provide landings and effort data, but also to allow Shieldaig Export to monitor be expected to support the compliance. SEERAD, FRS and SNH also have operational procedures to check performance in relation objectives. to TNMP objectives. 100 Operational procedures are transparent and clearly applied. There is a feedback mechanism testing effective application. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 43 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 3A.3.3 Do procedures include for a precautionary approach in the absence of sufficient information? 60 Measures exist to implement a The management of the stock as a whole is subject to adoption of a precautionary approach by ICES, R10, R11 18.4 85 precautionary approach in the notably the adoption of precautionary harvest ratios in setting TACs. ACFM advice is even more absence of sufficient information. conservative, taking account of concerns about past catch records. There is some evidence that this is occurring. The implementation of the Torridon Management Plan provides further precaution through its adoption 80 Formalised measures exist to of additional voluntary conservation measures, though concerns are expressed about the impact of non- implement a precautionary signatories. approach in the development and application of operational procedures in the absence of sufficient information. 100 All procedures include for evaluation of uncertainty and application of precaution at an appropriate level. 3A.3.4 Are there procedures for measuring performance relative to the objectives? 60 Operational procedures exist which Objectives for long-term stock sustainability and short-term landing controls are measured through R10, R11 18.4 85 can be used to measure recording of landings (including registration of first time buyers and sellers) and monitoring of the stock performance relative to the (notably through UWTV surveys). Procedures have been tested. Monitoring of factors relevant to objectives. overall ecosystem objectives takes place through other activities, not specific to the fishery under MSC 80 There are procedures used for assessment. measuring performance relative to the objectives. Objectives set in the TNMP are subject to continual monitoring and review by the TNMG, e.g. daily 100 Tested procedures are used for recording of any landings of ovigerous females and days at sea. regular measurement of performance relative to the objectives. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 44 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 3A.3.5 Does the system include a consultative process including relevant and affected parties? 60 The system incorporates a There is stakeholder consultation through a Scottish industry representative at ACFM, the Regional R7 13.2 95 consultative process including key Advisory Councils, and meetings with managers (civil servants and politicians) leading up to TAC stakeholders within the fishery. setting at EU Council meetings. 80 The system has an appropriate consultative process including all SEERAD has been extending stakeholder consultation in local inshore fisheries management via the Sea main public and private Fisheries Advisory and Reference Group (SeaFAR), the Scottish Inshore Fisheries Advisory Group stakeholders and can demonstrate (SIFAG) and Inshore Fisheries Groups (IFGs). consideration of representations made or a reliable mechanism for The establishment of the Closed Area has itself involved extensive consultation with affected parties and such considerations. this has been shown to be effective. Issues affecting the west coast of Scotland can be directed through 100 The system incorporates an the relevant Producers Organisations and the Highlands and Islands Fishermen's Association. appropriate consultative process including all affected stakeholders. The implementation of the Torridon Nephrops Management Plan is through the Torridon Nephrops Decisions specifically discuss Management Group, which has local and national stakeholder representation. and/or address stakeholder concerns. 3A.3.6 Is there an appropriate mechanism for the resolution of disputes within the system? 60 Mechanisms are theoretically Dispute resolution and issues can be directed through the relevant Fish Producers Organisations and the R7 13.2 90 adequate but have not been relevant Fishermen's Associations, with intervention as necessary by SEERAD and SFPA. The consistently applied or tested. consultative system as a means of dispute resolution has been tested and shown to be effective in 80 There is an appropriate and establishing the Closed Area (Scottish Statutory Instrument 2001 No.174). This followed a period of effective mechanism for the disputes in the area between Nephrops creel fishers and trawl interests. The Loch Torridon Nephrops resolution of disputes within the Creel fishers themselves have implemented the voluntary Torridon Management Plan and disputes system. would be referred to the Torridon Nephrops Management Group. 100 There is an appropriate, effective and tested mechanism within the The setting up of the Sea Fisheries Advisory and Reference Group (SeaFAR), the Scottish Inshore system for the documentation and Fisheries Advisory Group (SIFAG) and Inshore Fisheries Groups (IFGs) provides additional conduits for resolution of disputes of varying dispute resolution. magnitude. Failing successful arbitration by the Scottish Fishing Minister, ultimately disputes can be resolved through Scottish and EU legal review. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 45 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 3A.4 (MSC Criterion 6) The management system operates in a manner appropriate to the objectives of the fishery. 12.5 - 3A.4.1 Does the system include subsidies that contribute to unsustainable fishing? 60 Subsidies exist that could None have been identified. R6 50.0 100 contribute indirectly to unsustainable fishing. These are short-term and are in the process of being removed within acceptable timescales. 80 The system is essentially free from subsidies that contribute to unsustainable fishing or ecosystem degradation. 100 The system has no subsidies that contribute to unsustainable fishing or ecosystem degradation. 3A.4.2 Does the system include economic/social incentives that contribute to sustainable fishing? 60 Measures to allocate fishing Incentives include capped fleet licensing and quota allocation, though neither have any impact in the I1, I3 50.0 80 opportunities and/or entry to the Torridon fishery. fishery, or other incentives, are generally supportive of achieving Contravention of conservation regulations results in economic penalties and negative publicity. fishery objectives related to sustainability. The closure to trawling and a sense of ownership, albeit on a voluntary basis, provides creel fishers who 80 Allocations of fishing opportunities have signed up to the Management Plan and the Conservation Code with the incentive to both comply and/or entry to the fishery, and/or and enforce the measures aimed at sustainable fishing. Social incentives exist for fishers to sign up to other incentives, promote fishery the Code of Conduct, but not all have done so. and ecosystem management goals. 100 The system has established economic and social incentives that contribute to sustainable fishing and ecosystem management. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 46 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 3A.5 (MSC Criterion 8) A research plan exists in line with the management system to address information needs. 12.5 - 3A.5.1 Have key research areas requiring further information been identified? 60 Some major areas requiring further There has been considerable research interest in the Torridon area for many years. This has been I1 33.3 95 research have been identified. extended recently with the implementation of the closed area. The inputs from FRS, SNH, and 80 Key areas requiring further research UMBSM have identified and implemented research needs. Additional research requirements have been have been identified. identified. 100 A comprehensive review of information and research requirements has been undertaken. 3A.5.2 Is research planned/undertaken by the scientific advisers to meet the specific requirements of the management plan? 60 Research is planned for highest There is on-going research by FRS, SNH, and UMBSM, as part of the Loch Torridon Project, which I1 33.3 95 priority information needs. addresses the research needs of the Torridon fishery and ecosystem. SNH maintain an involvement, 80 Research is planned and undertaken both in continuing to provide advice to TNMG but also in exploring further research that will be to provide necessary scientific beneficial to the fishery (for example obtaining a better understanding of the extent to which the stock support to the plan. There are within the BUTEC range is benefiting the fishery around it). demonstrable resources to allow implementation of the programme. 100 There is an ongoing, funded, comprehensive and balanced research programme, linking research to the management plan. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 47 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 3A.5.3 Is relevant research carried out by other organizations (e.g. Universities) and is this taken into consideration? 60 The management system is aware of Collaborative studies are in place as part of the Loch Torridon Project Phase between SNH and FRS. I1 33.3 100 research carried out by other Bodies such as these are aware of other research and take this research into account for management organisations and elements of this considerations. UMBSM have had a PhD student working in the area, specifically on Nephrops. They are taken into consideration. also contribute to the Torridon Nephrops Management Group. The Loch Torridon Project is an 80 Appropriate research carried out by example of a co-ordinated approach between management and research organisations. other organisations is taken into consideration, although there is not necessarily any proactive co- ordination between organisations. 100 Relevant research carried out by other organisations is taken into account for management considerations. This research is often co-ordinated with existing research plans of the management system. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 48 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 3A.6 (MSC Criteria 7, 9, 10) The management system includes measures to pursue objectives for the stock. 12.5 - 3A.6.1 Are the resource and effects of the fishery monitored? 60 A monitoring programme is in The collection of fisheries statistics for quota management is carried out at the spatial level of the ICES R4, R5, R11, R12, 33.3 85 place that addresses some key Statistical Rectangle and aggregated into Functional Units. Landings are continually monitored. R13 aspects of resource and effects and which can be extended. FRS carry out annual surveys within Management Area C using underwater TV to count Nephrops 80 A monitoring programme is in burrows. The information gathered provides an index of stock abundance that is independent of the place that addresses all key aspects fishery and emergence patterns, and in the future, may also be useful in estimating the numbers of of resource and effects at recruits entering the fishery in the next year. Additional localised data on seabed topography has been appropriate intervals and results are collected by side-scan sonar and an Acoustic Ground Discrimination System. Size composition recorded. sampling of landings, and to a lesser extent catches, provide data on size, sex and berried. These stock 100 The resource and effects of the survey data are co-ordinated and assessed by FRS to provide an evaluation of the current stock status. fishery are closely monitored over appropriate geographical areas and To provide data for the local Torridon Management Plan, more detailed information is collected by time periods. Full records are kept Shieldaig Export Limited directly from the fishers signed up to the Management Plan. The fishers of monitoring results and these are provide information on their creeling effort and landings on logsheets. This data has been validated made available to relevant research during the recent |PhD study. and management bodies. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 49 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 3A.6.2 Are results of monitoring evaluated against appropriate reference point(s)? 60 Reference points exist and some At the wider stock level annual TAC advice is based on a range of candidate harvest ratios of 15-25% R11 33.3 85 level of evaluation against these is applied to the TV survey abundance estimates (average of last 3 years) and adjusted to the landed weight possible. equivalent. STECF concluded that a harvest rate based on the F equivalent to the F0.1 reference point 80 Results of monitoring are regularly provided a sustainable way forward. A harvest rate of 20% was considered suitable for most Nephrops interpreted in relation to reference stocks. It is against this background that SEERAD and SFPA, with their scientific advisors in FRS and points SNH, monitor the fishery. Monitoring results are provided to ICES Working Groups, where biennial 100 Results of monitoring are evaluation of results against reference points takes place. This is further considered at ACFM and quantitatively evaluated against STECF.. precautionary reference points on a regular and timely basis. On a more local basis, the Torridon Nephrops Management Group monitor the closed area against the objectives of the Management Plan. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 50 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 3A.6.3 Do procedures exist for reductions in harvest in light of monitoring results and how quickly and effectively can these be implemented? 60 Practical procedures exist to reduce Management of TACs and quota allocations by SEERAD provides a mechanism to reduce harvesting on I2 33.3 75 harvest. Programmes to link these a short timescale. However, the current (2007) increased TAC has meant that for the creel fishery the with monitoring results are quotas are currently non-limiting. underway. 80 Practical procedures exist to reduce The Torridon Management Plan provides for the voluntary implementation of limits on the total number harvest in the light of monitoring of creels, the number hauled per day, and the number of days fishing. Unfortunately there is no limit on results and provide for stock the number of vessels that can fish in the area, which could give rise to local depletions. There are no recovery to specified levels. indications, from the limited available data, to suggest that there has been any significant reduction in Measures can be implemented Nephrops stock abundance in recent years. However, the recent increase in vessels creeling in the closed speedily. area, several of whom have not signed up to the management plan, raises questions about the future 100 Practical procedures exist to reduce sustainability of this fishery. harvest in light of monitoring results and provide for stock See Condition 1. recovery to specified levels within specified time frames. There are well documented procedures to implement changes and these can be introduced with immediate effect. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 51 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 3A.7(MSC Criterion 10) The management system includes measures to pursue objectives for the affected ecosystem. 12.5 - 3A.7.1 Are measures in place to address (avoid or minimise) significant environmental impacts? 60 Many significant environmental No significant environmental effects have been identified, following significant study and review. I1, R4, R5, R12 66.7 90 impacts are known and measures are being applied to reduce key impacts. 80 Most environmental impacts are known. Measures are being applied to minimise all significant ones and there is evidence that the measures are working. 100 Measures are in place to avoid all significant environmental impacts and are subject to monitoring and periodic review. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 52 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 3A.7.2 Are no take zones, Marine Protected Areas or closed areas for specific periods appropriate and, if so, are these established and enforced? 60 Suitability of no-take zones and/or SNH has mapped the area and investigated any areas of particular sensitivity as previously detailed. R5, R12, R13 33.3 85 closed areas / seasons has been There has been no identification to date of areas requiring closure to creel fishing on a stock or reviewed against objective environmental basis. The BUTEC (submarine testing area) range may be considered a no take zone, but biological criteria. Plans are in this is not established on a fishery management basis. place to implement some or all of these as appropriate. The heterogeneity of habitats, combined with the observed patchy distribution of creeling effort in the 80 Suitability of no-take zones and Torridon area, suggests that any possible adverse environmental impacts would also be clustered. Such closed areas / seasons has been non-random distribution of fishing effort may actually be beneficial in that it leaves refuge areas for reviewed and these have been or sensitive species where effort is low or absent, although it could lead to local depletion of the target are currently being implemented species. and enforced if and where appropriate. 100 No-take zones and closed areas / seasons are established and enforced if and where appropriate and, if implemented, the consequences are being monitored. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 53 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 3 A.8 (MSC Criterion 11) There are control measures in place to ensure the management system is effectively implemented. 12.5 - 3A.8.1 Are information, instruction and/or training provided to fishery operatives in the aims and methods of the management system? 60 Mechanisms exist for the The legal and overarching management system requirements are executed through notices from R10 33.3 90 dissemination of information, SEERAD, POs, and Fishermen’s Associations, with the latter including regular meetings. instruction and training of fishery operatives. Implementation of All fishers taking part in the Loch Torridon Nephrops Creel Fishery work to the Torridon Management these mechanisms may not be Plan. All fishers landing catch at Ardheslaig and utilising the Shieldaig Export facilities there are aware universally implemented. of the Torridon Management Plan and its recommendations. Many of them actively contributed to its 80 Information, instruction and drafting and implementation. Fishers are made well aware of the information requirements of the training are provided to fishery Torridon Management Plan and show extensive knowledge of these requirements. The Torridon operatives in the aims and methods Nephrops Management Group monitor implementation of the Management Plan and provide feedback to of the management system fishers. allowing effective management of the system. 100 Information, instruction and training are provided to fishery operatives in the aims and methods of the management system allowing effective management of the fishery and operatives demonstrate comprehensive knowledge of this information. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 54 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 3A.8.2 Is surveillance and monitoring in place to ensure that requirements of the management system are complied with? 60 An enforcement system has been On a national level SEERAD regulate the fishery and monitor compliance. Enforcement is in place R10 33.3 90 implemented; however, its through the Scottish Fisheries Protection Agency (SFPA).Compliance appears very good within the effectiveness and/or compliance TNMG fishery (no recorded infringements) and these controls are considered appropriate. SNH and FRS has not been fully demonstrated are to a limited extent also involved in the monitoring of compliance. relative to conservation objectives. 80 An effective enforcement system There is no legal basis for enforcement of the Torridon Management Plan at present. However, the has been implemented and there is Torridon Nephrops Management Group monitor landings, creels in use, and days fished. Warning an appropriate degree of control letters are issued if there are infringements of the Management Plan. Theses are very rare, of minor and compliance. significance and followed up by appropriate corrective measures. 100 An effective enforcement system has been implemented and there is a high degree of control and compliance. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 55 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 3A.8.3 Can corrective actions be applied in the event of non-compliance and is there evidence of their effectiveness? 60 Mechanisms exist or are being There are various corrective actions that can be applied on different management levels. Nationally, I1, I3, R7, R10 33.3 90 developed which can be SEERAD can restrict/close the fishery through licence variation and administrative and legal implemented or applied to deal mechanisms and sanctions can also be applied to individual skippers for non-compliances. These are part with non-compliance. of an agreed and tested system codified in legislation and regulation. 80 There are set measures that can be applied in the event of non- Locally, the Torridon Management Plan has been implemented on a voluntary basis with procedures for compliance although these may not recording non-compliances and issuing of warnings etc, and commercial sanctions through a local be included in a formal or codified processing company, Shieldaig Export Ltd. system. 100 Agreed and tested corrective actions can be applied in the event of non-compliance. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 56 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 3 B Operational Criteria 50.0 88 3B.1(MSC Criterion 12) There are management measures that include practices to reduce impacts on non-target species and inadvertent impacts upon target 21.5 - species. 3B.1.1 Do management measures, principally through the use of gear and other fishing practices, include avoidance of impacts on non-target species and inadvertent impacts upon target species? These would include by-catch, discards, slippage and high grading. 60 Measures have been, or can be, Exclusion of trawls contributes to reduction of adverse impacts, particularly on non-target species. The R5, R12, R13 100 85 implemented as appropriate that creel fishers return Nephrops well above the minimum landing size (MLS) of 20mm carapace length are intended to reduce the major (CL). The majority of Nephrops discards in the closed area were between 33 and 42 mm CL (overall impacts on non-target species and range 30 – 43 mm CL, L50 = 39 mm CL), or ovigerous females and those with heavily encrusted shells inadvertent impacts on target (R12). The voluntary creel escape gap policy (gap width 22mm) allows Nephrops escapees of up to ca species, but their effectiveness is 40mm CL. Survival of discarded Nephrops is considered to be high. Some discards were eaten by uncertain. seabirds, and there is scope to minimise this with the design and trial of discard chutes or tubes. 80 Measures have been, or can be, implemented as and when Discard target species and many by-catch species are returned alive. At Torridon the average catch per appropriate to avoid or reduce any unit effort (CPUE) of non-target discards was 6.5 kg per 100 creels and of Nephrops was 2 kg per 100 major impacts on non-target creels. Escape gaps have been shown to reduce discards and by-catch. species and inadvertent impacts on target species and there is evidence Deep mud habitats in sea lochs on the west coast of Scotland support the three species of sea pens that that they are having the desired occur in British waters. One species, Funiculina quadrangularis (and its associated brittle star A. effect when applied. loveni), is considered to be reduced in abundance and has been classified as a nationally rare species of 100 Measures have been implemented conservation importance. Studies have shown that there is no evidence that creeling adversely affects the to avoid or reduce the major density of F. quadrangularis, despite a proportion of them being displaced by creels and creel lines. impacts on non-target species and However, its symbiotic brittle star A. loveni does seem to be reduced in abundance in both trawled and inadvertent impacts on target creeled areas, and creeling may have more impact on the brittle star than the sea pen, further studies are species, and their effectiveness is required, but not yet implemented. clearly demonstrated. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 57 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 3B.2 (MSC Criterion 13) There are management systems in place that encourage fishing methods that minimise adverse impacts on habitat. 21.5 - 3B.2.1 Do fishing operations implement appropriate fishing methods designed to minimise adverse impacts on habitat, especially in critical or sensitive zones such as spawning or nursery areas? 60 Fishing operations use measures to Nephrops creels appear to have very little detrimental impact on the benthic environment and despite I1, I2, I3 100 85 reduce major impacts on habitat, specific study, no areas of habitat sensitive to creel impacts have been identified. especially in critical or sensitive zones such as spawning or nursery areas. 80 There is evidence that fishing operations are effective in avoiding significant adverse effects on the environment, especially in critical or sensitive zones such as spawning or nursery areas. 100 There is direct evidence that fishing operations implement appropriate methods to avoid significant adverse impacts on all habitats. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 58 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 3B.3 (MSC Criterion 14) The management system incorporates measures that discourage destructive practices. 2.0 - 3B.3.1 Does the fishery employ destructive fishing practices (such as poisons or explosives)? 60 The fishery does not allow any No destructive practices are employed and the Torridon Management Plan sets out a code of conduct, I1, I2, I3 100 100 such destructive fishing practices. specifying appropriate gear. This is supported by fishers within the TNMG fishery 80 The fishery does not employ any such destructive fishing practices and enforcement is considered sufficient to prevent their use. 100 The fishery does not employ any destructive fishing practices. There is a code of conduct for responsible fishing, prohibiting these that is fully supported by fishers. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 59 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 3B.4 (MSC Criterion 15) The management system incorporate measures that reduce operational waste. 5.3 - 3B.4.1 Do measures exist to reduce operational waste? 60 Measures/facilities are in place to This is an inshore fishery so the travelling distance to the fishing grounds is short. No gear is towed and I1, I2, I3 100 90 reduce sources of operational waste consequently the fuel used is minimised. Creels last for many years and are maintained, repaired and re- that are known to have detrimental used. Fishers report that most lost creels are recovered and re-used, but no quantitative information is environmental consequences, but available. There is EU legislation that determines that garbage should be returned to shore. further reductions may be possible. 80 Measures/facilities are in place to Considerable efforts are made to minimise damage and mortality to Nephrops, both discards and reduce all sources of operational landings. On deck the fishers segregate Nephrops individually in partitioned containers kept in running waste that are known to have seawater. This minimises damage and mortality. detrimental environmental consequences, and there is evidence they are effective. 100 Measures/facilities are in place to reduce all sources of operational waste that are known to have detrimental environmental consequences, and there is evidence they are effective and these measures are supported by the fishers. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 60 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 3B.5 (MSC Criterion 16) Fishing operations are conducted in compliance with the management system and legal and administrative requirements. 24.8 - 3B.5.1 Are fishers aware of management system, legal and administrative requirements? 60 Fishers are aware of key Fishers are well aware of the national legislation and regional management requirements such as quotas R10, I1, I2, I3 33.3 90 management and legal and minimum landing sizes. Fishers are kept up to date with new legal and administrative developments requirements. via SEERAD, SFPA, POs and Fishermen's Associations. 80 Fishers are aware of management and legal requirements upon them The Torridon Management Plan specifies a code of conduct, to which fishers have signed up. and are kept up to date with new Signatories are fully aware of the requirements of the Torridon Management Plan and many of them developments. contributed to its inception. It is noted that some fishers within the closed area (but which have not 100 All fishers are aware of signed the Code of Conduct, and so are outside of the unit of MSC certification) have failed to agree to management legal requirements formally abide by the Code of Conduct. through a clearly documented and communicated mechanism such as a code of conduct. 3B.5.2 Do fishers comply with management system, legal and administrative requirements? 60 Fishers appear generally to comply Compliance with the EU and national legislation is not a problem for any fishermen within the area, as I1, I2, I3 33.3 90 with requirements, but there is TAC quotas are non-limiting and the legal minimum landing size is well below the commercial incomplete information o the actual minimum size the creel fishers are working to. extent of compliance. 80 Fishers appear compliant with Within those signing up to the Torridon Management Plan compliance with the code of conduct is relevant management and legal good. There have been one or two letters of warning issued by TNMG with respect to exceeding the requirements and there are no annual number of days fished, but this was an un-intentional violation. It is noted that some fishers indications of consistent violations. within the closed area (but which have not signed the Code of Conduct, and so are outside of the unit of 100 Fishers are fully compliant with, and MSC certification) have failed to agree to formally abide by the Code of Conduct. fully supportive of, legal, and administrative requirements, such as through a code of conduct. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 61 v4 January 2008 INDICATORS AND GUIDEPOSTS Comments Audit Trace Ref. Weight Score 3B.5.3 What is the record of enforcement of regulations in the fishery: e.g. quota control, by-catch limits, MLS, mesh regulations and closed areas? 60 There is information on breaches of In the creel fishery quota management and enforcement of the MLS are not an issue. There are no I1, I2, I3 33.3 90 regulations and on corrective action quantitative records of compliance, mainly because compliance has not been as issue. to prevent or curtail these. 80 Evidence of rigorous monitoring of Compliance with the requirements of the |TNMG Code of Conduct is good, Few occasions of non- all the enforcement measures and compliance have arisen, e.g. there have been one or two letters of warning issued by TNMG with evidence of actions taken in the respect to exceeding the annual number of days fished, but this was an un-intentional violation. event of breaches is available. 100 Strong evidence of rigorous monitoring and control of the enforcement measures through for example satellite monitoring, shipboard observers and nominated landing ports. Strong evidence of firm action taken in the event of breaches 3B.6 (MSC Criterion 17) The management system involves fishers in data collection. 24.8 - 3B.6.1 Do fishery operatives assist in the collection of catch, discard and other relevant data? 60 Fishery operatives are involved in Fishers are closely involved in the overall recording of landings for regulatory purposes. Returns are R4, R10, I1, I2, I3 100 90 the collection of some catch, discard made to SEERAD and TNMG which keep records of fishing effort and landings by market grades and other information. together with sales/purchase records. Observation of these records indicated thorough weight and size 80 Fishery operatives are regularly class information, the accuracy of which is essential as the payment to the fishers is based on this involved in the collection and information. This detailed data was available for the over and under 10 m boats. recording of relevant catch, discard and other information. Fishers assist FRS Aberdeen personnel in monitoring of discards of target species on a quarterly basis. 100 Fishery operatives assist In addition, LPUE data is generated by a creel logbook scheme run by FRS and data are considered to significantly in the collection and be more reliable than official statistics (Tuck & Bailey, 2000). Such data are available since 1990. The recording of all appropriate catch, data derive from three vessels and are recorded by statistical rectangle. discard and other information. Loch Torridon Nephrops Creel Fishery 82005 Moody Marine Ltd Scoring Commentary 62 v4 January 2008 Annex a.1 Torridon Nephrops Management Group Loch Torridon Nephrops Creel Fishery Marine Stewardship Council Certification: Re-Assessment Certification Body: Moody Marine Ltd Notification of Proposed Peer Reviewers A Peer Review panel has been proposed for this fishery. Potential peer reviewers have been approached on the basis of their experience of one or more of the following; the fishery under assessment, fishery management, stock assessment issues and relevant ecosystem interactions. Brief details of each reviewer are provided below. All stakeholders (including the applicant fishery) were given the opportunity to state any objections to the selection of a proposed member of the peer review panel, on the basis of any conflicts of interest, accompanied by a statement on the basis of any objection. Peer Reviewers: Dr Colin Bannister. Colin Bannister is the former Head of the Shellfish Resource Group at Lowestoft and from 2001 until retirement in 2004 was the Senior Fisheries Science Advisor at CEFAS, providing high level advice to DEFRA and industry on all aspects of the assessment and management of finfish stocks. He has extensive knowledge and experience of the management of wild shellfish stocks, both crustacean and molluscan, and of scientific research and advice on the same. Since 2004, he has acted as a scientific member of the Canadian Government Review Panel for the Snow Crab fishery in the Gulf Region of Canada; a member of the Committees and Council of the Shellfish Association of Great Britain; and recently completed a report “Towards a Development Strategy for the Shellfish Industry in England” for the DEFRA Inshore Group. Dr Colin Chapman. Dr Chapman graduated in 1962 with a B.Sc. in Zoology from the University of Nottingham and in 1977 with a BA in Mathematics from the Open University and was awarded a D.Sc. by the University of Nottingham in 1997. He joined the Marine Laboratory, Aberdeen in 1962 and initially worked on fish behaviour in relation to fishing gear. In 1972, transferred to the Shellfish Resources Section at Aberdeen and worked with this group, from 1988 as Section Head, until taking early retirement in 1997. In 1966, established a field research station at Upper Loch Torridon and carried out research there for many years, particularly on the ecology, behaviour and general biology of the Norway lobster (Nephrops norvegicus). Has published many scientific papers and research reports on this species, also on other shellfish and fish species and on the efficiency and selectivity of fishing gears. In 1987, was appointed by the Buckland Foundation to give the Buckland lecture series on Nephrops biology and fisheries. An active member on several ICES working groups including the ICES Nephrops Study Group and the Stock Assessment Working Group, from 1977-96. Appointed an Honorary Senior Lecturer by Aberdeen University in 1992. Since retirement has been involved in projects on Nephrops, European lobsters, cockles, mussels, crab species and scallops as well as various teaching roles and part-time consultancy work. Appendix a.2 Peer Review Report A MSC Assessment: Loch Torridon Nephrops Creel Fishery: Peer Review 1. Overarching comments 1.1 I have read in detail the Re-Certification Report of the Loch Torridon Nephrops Creel Fishery. I also consulted the Torridon Nephrops Management Group Management Plan, the details of the 2006 ICES Northern Shelf Working Group assessments for the Nephrops stocks in the North Minch (Functional Unit 11) and the South Minch (Functional Unit 12), and the current ACFM advice for these stocks. In the time available I was not able to consult the recent Torridon fishery studies at references R12-14. 1.2 Based on the information provided, the following paragraphs indicate how I perceive the strengths and weaknesses of the management systems relevant to the certification of the Torridon Closed Area Creel Fishery. 1.3.1 The Torridon fishery is located in the wider Nephrops Management Area C, where the dominant EU management framework comprises technical measures, an output control (TAC), effort control (permitted days at sea), and an enforcement regime, that are all implemented by the corresponding national legislation. The strength of this framework is a well-defined legislative and management system, with an annual TAC based on independent international advice from ICES that has been subject to peer review, and whose constraints are widely acknowledged and accepted. Those constraints include the rejection of the cohort analysis model in favour of harvest ratios based on landings and TV survey data, and the fact that for Nephrops stocks formal precautionary biomass and fishing mortality reference points cannot be determined. The latter could, however, be substituted by a precautionary harvest ratio of 20%, which STECF deems to be sustainable because it is based on the F equivalent to F 0.1 on the combined-sex Y/R curve. In fact, the 2006 ICES assessments for Nephrops advised that because of catch reporting issues, a more precautionary harvest ratio of 15% is appropriate. 1.3.2 The weaknesses in this EU/ICES framework are that the Torridon Closed Area fishery is an individual fishery that is currently not assessed by ICES, which only assesses the main stock components in the North Minch, South Minch and Clyde, and that current TAC management does not restrict the Torridon fishery. Although there is a short run of TV survey and harvest ratio data for Torridon, the quota that is allocated to creel fisheries is based on a precautionary three year average of landings up to 2005. In 2005 and 2006 this was increased substantially as part of an increase in the overall TAC, in common with several Nephrops TACs round the coast, and the resulting creel-fishery share of the TAC is non-restrictive. The dominant ICES assessment does not therefore provide advice that is specifically related to the status of the Torridon stock, or to any local Torridon fishery 1 objectives that might be defined, and the EU output control in Management Area C does not properly control the Torridon Closed Area fishery. Consequently, the ICES view that it considers the wider fishery in FUs 11 and 12 to be sustainable, does not in itself hold any guarantee for the sustainability of the fishery in the Torridon Closed Area. At present this is not detrimental, because it is estimated that the harvest ratio in the Torridon Closed Area is only 7.6%, but the disconnection between the quota allocated to the creel fishery and the stock evaluation in the Torridon area raises uncertainty about how the present TAC management system could respond to any sudden downturn in the Torridon stock in the future. 1.4 There are clearly significant strengths in the specific local arrangements that have been made for the Torridon Closed Area Fishery. The habitat and epibenthos benefit from eliminating trawling and restricting the fishery to creel only, whilst fishery management in the Closed Area benefits from the history of research in Torridon, the SEERAD licensing of under 10m vessels, and the adoption and implementation of the Torridon Nephrops Fishery Management Plan. The strength of the latter is a) the objective to maintain a sustainable and economic fishery and healthy stock, and b) the objective to comply with a voluntary code that restricts the amount of fishing gear and fishing days; improves the selectivity of the fishery; and monitors landings and effort at Sheildaig. As identified by the Moody assessment team, however, this commendable approach is weakened or undermined because these arrangements are not mandatory, and because effort at Torridon has increased, particularly through the advent of vessels that have declined to comply with the Management Plan and the Code. The approach is also weakened because the sustainable fishery objective is not actually defined or linked operationally to the output from an assessment e.g. to a specific precautionary harvest ratio, with decision rules about how to achieve this through either effort or catch controls, especially if there is a sudden decrease in stock size. Since the current harvest ratio is only 7.6% these weaknesses are not immediately pressing, but it is worth considering how they could be addressed in a reasonable time frame, since it is easier to agree decision rules before rather than after a crisis. MML Comment: the above points are commended to TNMG in considering Condition 1. 1.5 Because the EU and the local management systems discussed above have different strengths and weaknesses some of the responses in the scoring table need to be less generalised and more specific, by identifying more clearly whether the answer relates to the wider stock and system, or to the local stock and system that is being certified. This was clearly done in some answers, but there were a number that did not make this distinction clear enough to me as an independent reader. This has motivated quite a number of comments and questions that I have added below in relation to the introductory sections and the scoring table sections. MML Comment: addressed below. 1.6 In relation to ecosystem issues there are instances where the scoring tables identify that an environmental issue is not a concern or that there are behaviours or data that suggest it 2 is of low impact, but some of these responses do not address the question whether there are specific environmental objectives for those issues, and specific management measures in place, which is what the question tree is asking.. The examples will be evident from the individual comments under Principle 2 in Section 4 below. If my concerns are correct it is worth considering whether they should be remedied by developing a specific environmental management objective and adding it to the Management Plan for precautionary reasons. 2. Comments on the Recommendation to Re-certify the Fishery 2.1 I have specifically asked if the assigned scores are too high at Questions 1.1.1.6; 1.1.2.1; 1.1.3.4; 1.1.3.6; 3A.8.2; 3A..8.3; 3B.1.1. MML Comment: These are considered individually below and in the scoring table. Elsewhere my questions and comments are left for the Assessment Team to consider, and to respond to if appropriate or necessary, but without necessarily suggesting any modification to the score. It is therefore very unlikely that my review changes the overall conclusion of the scoring in favour of re- certification. Based on the significant strengths identified for the Torridon fishery I am content to accept the recommendation for re-certification, subject to the Condition specified in the report, and the discussion in the following paragraph about the additional points that I have raised. 3. Comments on Conditions 3.1 Condition 1 specified on Page 31 of the Report is very important and I fully support it. I note that some of the weaknesses identified in paragraphs 1.3.1 and 1.4 are likely to be involved in meeting Condition 1 e.g. identifying a target fishing mortality/ harvest ratio in order to limit effort or landings in the closed area; identifying specific decision rules to reach those targets especially in a declining stock scenario; and making the voluntary code mandatory for all vessels. I leave it to the Assessment Team to consider how best to respond within the MSC framework to these additional points, and to the points on environmental management objectives and measures in paragraph 1.6. 4. Comments/questions/on the descriptive sections 1 to 5. Page 10. Section 2.5.1, Para 2 on discards. The important information on the sizes of Nephrops discarded and retained in the Torridon fishery would be enhanced by referring to Figures 13.4 and 13.10 in ICES WGNSDS 2006, which show the retained and discarded length frequencies in the wider Minch fisheries, thus confirming the beneficial exploitation pattern in the Torridon fishery. MML Comment: Amended in Report Page 11. Para 1 and 2 on by-catch The non-target discards and Nephrops are almost 1:1 in the Adey data in Para 1, but over 3:1 in the Torridon CPUE data in Para 2. General comments are made about variations 3 between areas, but can this difference be explained explicitly? MML Comment: amended in report. Page 14, end paragraphs of section 3.1 Vessels >10 metres are also licensed ? So if both <10m and >10m vessels are licensed, does that limit entry to the Nephrops sector, even if it does not limit entry to the Torridon fishing area ? MML Comment: Both sectors are licensed. The Nephrops fleet in the UK is capped by the current number of licences issued. However, this has little influence on the Torridon closed area as vessels from anywhere in the UK could (in theory) fish the area. I would like to see the last paragraph in this section, or a paragraph in Section 4.1, describe how the quota allocation to the Torridon Closed Area fishery is determined, and what management objective it aims to meet, since this is important to answering scoring questions about output controls and the meeting of management objectives. And is the Torridon quota managed locally as a block allocation or as individual allocations to each vessel? These factors would become important should the stock decline to the point where landings must be restricted to meet a harvest ratio target. MML Comment: Quota, as allocated from the TAC for the UK, is not a limiting factor in the Torridon fishery, particularly since the TAC has been increased in recent years (see last paragraph of 3.1). Essentially there is no output control in terms of quota restriction. This is a potential weakness that would need addressing if a harvest ratio strategy is adopted. Page 14, section 3.2 SNH is Scottish Natural Heritage MML Comment: corrected. Page 15, Table 1 Is information collected on soak time? MML Comment: Not directly, but this could be estimated from the log records.. Page 16. end of Section 3.3 Some new effort has not signed up to comply with the voluntary Code. Are there data to show if these non-signatory vessels operate different numbers of creels, different fishing days, and discard/retain different sizes compared to the signed up vessels? This could be important in assessing if the benefits of the Code are negated by the activity of non- signatory vessels. MML Comment: We do not have data on vessels outside of the ‘Unit of Certification’, i.e. those vessels signed up to the code. Page 17, Section 4.3.2.1, para 4 Helpful to know the total number of fleets of creels hauled in the year, compared to the 149 sampled. MML Comment: added to report. Page 18. Top paragraphs Helpful to confirm that the growth and mortality inputs were specific to Torridon. MML Comment: This is unlikely, but will be clarified when full FRS/SEERAD report is released. 4 I would like to see a simple table of the actual F values obtained. MML Comment: again, this awaits the release of the full FRS/SEERAD report. Does the changing interpretation of current F relative to Fmax in the top paragraph refer to different time periods, or to year to year differences in size frequency in a recent data set i.e. is it due to a change of status, or due to variability in the data ? MML Comment: it is assumed that the parameter inputs are determining the variation in F relative to Fmax. Did FRS compare LCA results for size data from signatory fleets and non- signatory fleets, to evaluate the effect of escape gaps on the assessment of F ? . MML Comment: again, this awaits the release of the full FRS/SEERAD report. I would like to see a comment on the potential unreliability of LCA (which has been abandoned by the ICES Nephrops assessments) MML Comment: this awaits the release of the full FRS/SEERAD report. Page 18, last para Is the Adey harvest ratio estimate of 7.6% inclusive of all the effort in the Closed Area, or just the compliance group? MML Comment: Adey used his estimate of “total annual effort in the Torridon area was 1,760,000 creel hauls”, he does not specify in terms of vessels included, but this is likely to be the vessels within the TMP. Page 19, para 4 This probably answers my question about the LCA results, in the third bullet above. Page 22. para 3 To be more precise, although the EU and ICES have not identified a specific management objective for the Torridon fishery itself, the Inshore Fishing (Scotland) Act 1984 provides generic high level objectives as listed on page 14, and the Torridon Nephrops Creel Fishery Management Plan identifies two core objectives as carrying out a sustainable fishery, and ensuring compliance with the Conservation Code. The Management Plan does not define what a sustainable fishery is however, even though ICES and STECF advise that for Nephorps stocks, including in Management Area C, a harvest rate of 20% should be sustainable. Torridon creel effort and quota levels therefore do not seem to be matched to a precise target objective, and this will have to be addressed when it comes to fulfilling Condition 1. 5. Comments on the Scoring Table Principle 1 1.1.1.3 Suggest the opening sentence of paragraph 2 could read: ‘The Torridon fishery being assessed for certification is well defined geographically as a distinct fishery, but ICES has difficulties in defining stock…….’ MML Comment: amended in report. 1.1.1.4 5 Re. the second sentence, ICES assesses males and females separately, but identifies stock status using F, F0.1, and Fmax for a combined sex Y/R curve (Page 600 and Figure 13.25 in ICES WGNSDS Report 2006), and the harvest ratio is calculated for the sexes combined. MML Comment: amended in report. 1.1.1.5 Clarify if the bulleted items are all available for the Torridon area itself, and whether the LCA in the last sentence is for Torridon, or the ICES FUs, or both. MML Comment: amended in report. 1.1.1.6 How much of the work in the first para refers to Torridon specifically ? The second paragraph appears rather vague and unconvincing, and more in keeping with the criterion for a score in the 60s, although I accept that lack of information about the effect of environmental drivers on recruitment is less pressing here because the stock trends are surveyed by TV, and the assessments do not carry out short term forecasts. MML Comment: The comments are noted, and also that significant relevant research does exist, including within the West of Scotland, on environmental factors affecting Nephrops. 1.1.1.7 End of paragraph 1, suggest adding the phrase in italics: ‘which gives some indication of recruitment variability in the wider stock area’. MML Comment: amended in report. 1.1.2.1 Does the paragraph mean that landings and fishing effort of non-signatory vessels fishing in Torridon are not recorded at Shieldaig ? MML Comment: all landings at Shieldaig are recorded, otherwise they are included within SEERAD recording. If so how much of the missing information can be gleaned from the SEERAD records, and is this sufficient to justify the score? MML Comment: all information is available to FRS/SEERAD, and is considered appropriate to to the 80 guidepost. Are the observer trips specific to Torridon Management Plan vessels only, or part of a wider FRS programme for Management Area C? MML Comment: FRS cover a wider area, and Adey looked specifically at Torridon (and Loch Fyne). 1.1.2.3 Suggest adding: ‘The exploitation pattern promoted by the Conservation Code in the Torridon Management Plan is clearly beneficial when compared to that for the Minch fisheries, illustrated in Figures 13.4 and 13.10 of ICES WGNSDS, 2006.’ MML Comment: amended in report. 1.1.3.1 I suggest that the first sentence really refers to the next question. Suggest rephrasing the rest slightly: ‘Although conventional biomass and fishing mortality reference points are not established for any ICES Nephrops stock, ICES and the STECF consider that a harvest 6 rate based on the F equivalent of F0.1 derived from Y/R analysis is sustainable and precautionary. For the Minch stocks F0.1 is at F=0.23, equivalent to a harvest ratio of about 20%, which could if necessary be applied to the Torridon fishery as a precautionary reference point’. MML Comment: amended in report. 1.1.3.2 Could add that the harvest ratio can then be compared to the 20% proxy reference point. The text concludes by referring to a TAC recommendation, which obviously refers to the wider Minch stocks, so it seems necessary to say that stock in the Torridon closed area is also evaluated using TV survey data and a harvest ratio (although as yet this does not lead to specific management recommendations ?) MML Comment: amended in report. 1.1.3.3 The TV survey avoids some of the uncertainties associated with the LCA, but is not devoid of its own uncertainties, including the issue of burrow occupancy, and the edge effect in estimating biomass. These could be mentioned. The calculation of the harvest ratio also depends on the accuracy of catch reporting, which in the past has been rumoured to be a problem for some Nephrops stocks. Is this an issue in either the Minch (see my comment on the next question) or the Torridon Closed Area? Presumably not for the Management Plan vessels, but what about the non-signatory vessels? MML Comment: amended in report. 1.1.3.4 Is the text sufficiently explicit to justify the score? Note that for Nephrops in VIa, Section 5.4.34 on page 207 of the 2006 ACFM report states : ‘The effort in this fishery should not be allowed to increase relative to the past three years. In addition to the ceiling on effort, ICES advises that the exploitation rate should be no more than 15%, until such time that more reliable catch information becomes available’. The underline is mine. This suggests that there is continuing uncertainty in landings, which requires a harvest rate that is even more conservative than the 20% identified by STECF. The situation may of course be different for the Torridon Closed Area itself. MML Comment: amended in report. 1.1.3.6 Does the information justify the score? I am not sure if stopping fishing when the TAC is reached is the decision rule that the question has in mind. My view is that a decision rule would be, for example, something committing to the adoption of the harvest ratio of 20% as a reference point for sustainability, coupled with a rule specifying what is to happen if the harvest ratio exceeds this level. I accept that for Torridon the voluntary Code can be considered part of a rules framework, but this is still not linked to a specified management objective at present. MML Comment: at the ICES management level the TAC (via quota management) has the objective of not exceeding the harvest ratio set. The Torridon Code of Practice provides a framework for adding to this management, albeit one that needs to be more specifically tied to objectives as detailed in Condition 1. 1.1.3.7 7 Should the over and under 10 metre licences also be mentioned? MML Comment: amended in report. 1.3.1.2 Is it worth noting that for Minch stocks the ICES assessments show that there is little or no trend in the mean size of Nephrops over time? MML Comment: amended in report. Principle 2 2.1.2.1 Note the question I asked earlier about the reason for the different relative catch rates between the Adey data and the Torridon LPUE data. MML Comment: amended in report. 2.1.2.2 Could again refer to Figs 13.4 and 13.10 of ICES WGNSDS 2006, and comment on the scope for comparing results for signatory vessels and non-signatory vessels at Torridon. MML Comment: amended in report. 2.1.2.3 What is a moderate quantity? Are there specific data to compare the creel fished area with the trawl fished area? MML Comment: amended in report. 2.1.4.1 Also, the harvest ratio of the target species is only 7.6%, which is a very small proportion of the available stock. MML Comment: amended in report. 2.1.4.2 What information is available that measures the actual impact on the non-target species ? MML Comment: the level of impact is estimated from information on the quantities of non-target species affected, species composition and generic studies on survivorship of the same or similar species. 2.1.4.3 Have there been any comparisons between the creel-only and trawl fished areas? MML Comment: there have been independent studies in creel-only areas like Torridon and on trawled areas. 2.1.4.4 I found the text ambiguous. Effects of the fishery have not affected diversity and productivity, yet the Adey study is cited as saying that attempts to distinguish differences in biodiversity were confounded by habitat differences. Is there a discrepancy here? MML Comment: Adey had problems separating the habitat differences between Torridon and Loch Fyne from the different fishing practices; amended in report. 2.1.4.5 What is or would be in place to control the non-signatory vessels? MML Comment: Nothing. This problem has been identified and is included under Condition 1. 8 Principle 3 3A.1.3 It would help to specify what the internal review elements actually are. ICES ACFM reviews the working groups, and STECF reviews the ACFM report, but this is a review of advice. Where is the management system reviewed? Within the Regional Advisory Councils, and other stakeholder meetings between the fishermen’s associations and SEERAD ? MML Comment: amended in report. 3A.2.1 Suggest “The fishery operates under the EU Common Fisheries Policy as described more fully in Section 3.1 of the Report”. Does ‘full compliance’ in this text simply mean that all the EU fisheries legislation is in place, or that there is 100% compliance with those regulations ? And does the statement refer to the wider fishery or to Torridon or both ? MML Comment: compliance in the sense of having all the International Conventions and Agreements in place - this is looking at the wider international picture within which the Torridon fishery operates. 3A.2.2 It appears that SEERAD attempts to implement the EU and National Regulations, and that the Torridon Closed Area is consistent with the Inshore Fishing (Scotland) Act. Doesn’t the issue of the actual level of compliance come later? MML Comment: Yes. 3A.3.1 Are the CFP objectives, and the Technical Regulations, the long term objectives, and the year on year TAC and harvest rate the short term objectives ? MML Comment: amended in report. I am not clear what environmental objectives there are at the Management Area C level. MML Comment: there are no specific objectives for the Management Areas, text edited. The Torridon Management Plan has an objective and action points for sustainability and a healthy stock, that include measures to regulate exploitation pattern, but environmental objectives per-se do not seem to be explicit. Does SNH have environmental objectives for Torridon ? MML Comment: SNH’s main concern has been in relation to sea pens. 3A.3.3 The ICES working group advice is based around a precautionary reference point, and the ACFM advice is even more conservative to take into account the catch uncertainty, but is management of the stock (by the EU TAC) consistent with that advice ? MML Comment: amended in report. Should mention that the Torridon Management Plan is not followed by all vessels. MML Comment: clarified in report. 3A.3.5 It is probably worth mentioning stakeholder consultation through Scottish industry representation at ACFM, the Regional Advisory Councils, and the various meetings leading up to the EU Council Meetings. MML Comment: amended in report. 9 3A.3.6 The Scottish Fisheries Minister is available as the final arbiter. MML Comment: amended in report. 3A.4.2 Fishing Incentives include licensing, quota allocation, the exclusion of trawling from the Closed Area, responsible fishing schemes. What are the incentives for ecosystem management ? MML Comment: amended in report. 3A.5.1 Is there any information on where these are set down, and how they relate to some of the unknowns in the assessment tree ? MML Comment: a recommendation has been made in regard to this. 3A.5.3 Is it expected that research at Torridon will continue to be carried out/funded in the future by FRS and UMBSM ? MML Comment: SNH are reducing direct research following alleviation of their concerns over sea pens. UMBSM continue to have research interests in Nephrops and the Scottish West Coast fisheries and environment. They, and FRS, continue to contribute to the Loch Torridon Management Group. 3A.6.1 Helpful to clarify the frequency of the surveys, and what applies to the wider stock and what applies to the Torridon fishery, and give some indication of the intensity of biological sampling. How are the non-signatory vessels in the Torridon fishery being monitored and sampled? What is the by-catch and discard sampling programme? Observers? MML Comment: wider stock surveys continue under the remit of FRS and clearly defined monitoring within Torridon continues to be carried out by TNMG. TNMG monitoring does not include ‘non-signatory’ vessels, but information can be extrapolated if necessary. 3A.6.2 Suggest insert at the start: ‘At the wider stock level….. MML Comment: amended in report. How is the allocation of quota to the Torridon fishery determined, and does this match with a reference point or the management objectives for that fishery? MML Comment: quota allocation is relevant for the wider area, and is effectively non-limiting within the Certified fishery and so has no relevance to the local management objectives. 3A.6.3 This text identifies an important weakness. MML Comment: considered under Condition 1. 3A.7.1 10 Although no impacts have been identified should this situation be reinforced by specific objectives to minimise the environmental impact of Nephrops fishing in the Torridon Closed Area ? (see my paragraph 1.6 above). MML Comment: not considered necessary. 3A.8.2 Is the high score justified? My quote under question 1.1.3.4 illustrates the ICES view that there is uncertainty about landings from the wider stock. For the Torridon fishery, does the activity of non-signatory vessels undermine the effectiveness of the Code ? MML Comment: it is not considered relevant to place undue emphasis on past concerns about catch records - the problem for ICES and ACFM is historical in terms of time-series. The signatories are committed to compliance, non-signatories are a problem that has been identified and addressed, but not resolved, and is not part of the certified fishery. 3A.8.3 Is there an absence of sanctions on the non-signatory vessels in Torridon that weakens the Plan and the score ? MML Comment: non-signatory vessels are not part of the certified fishery. Nevertheless, overall sanctions are in place. 3B.1.1 The last paragraph expresses a view about the effects on sea pens, but is there a specific management objective or measure in place to limit effects on sea pens and justify this part of the score? MML Comment: the measure of excluding trawls, backed up by the studies showing the minimal impact of creels, that has alleviated concerns over sea pens. 3B.4.1 The text appears to describe behaviours rather than specific measures that are in place? MML Comment: no specific measures are considered necessary. 3B.5.1 Suggest deleting the reference to the non-signatory vessels: this question is about awareness of the requirements, not compliance. MML Comment: sentence moved to 3B.5.2. 3B.5.2 Clarify the meaning of ‘not a problem for fishermen in the area’. MML Comment: amended in report. I take this to mean that compliance is good because the MLS and TAC are non-restrictive, whilst in the Torridon fishery conformity to the Management Plan means that fishermen are already reaching higher conservation standards than required by the EU and national regulations. However, good compliance in a non- restrictive context says nothing about what compliance would be in a restrictive context! Note the earlier quote from ICES about the previous uncertainty about catch reporting at the wider stock level. MML Comment: see comment above. 3B.6.1 11 The second sentence of the second paragraph also suggests that there is, or has been, some unreliability in official data, despite what has been said above. MML Comment: this has occurred historically. End of Review. 12 Annex a.3. Peer Review Report B MSC Re-Certification Report on the Loch Torridon Nephrops creel fishery Moody Marine Ltd Peer Review The review falls into four sections of comment on the Moody Marine Report by D. Bennett and A. Hough, together with a general conclusion. (a) The accuracy of the information quoted in the report. The report gives a broad coverage of the extensive body of knowledge on the fisheries biology of Nephrops generally and on the Torridon fishery in particular. The closure of the Torridon area to mobile gear, the adoption of a local management regime and the granting of MSC certification have provided the impetus for much additional research on, and monitoring of, the resource and fishery by SNH, FRS Aberdeen, UMBS Millport, and others. This is highly commendable. A useful addition to the report would be information on Nephrops landings from the Torridon creel-only area and estimates of the stock abundance and biomass. A table of annual landings, since the closure to mobile gear (2001), should be given, possibly separated into those from vessels within the Shieldaig Export scheme (from logbooks and sales notes), and those from the vessels outside the scheme (estimated if necessary). It would also be valuable to have estimates of the abundance and biomass of the Nephrops stock within the creel-only area. This information should be available from estimates of burrow density, the area of habitat (TV and ground acoustic surveys, mentioned p.17) and mean size of Nephrops data. From this information it would be possible to provide another estimate of the current harvest ratio, in addition to that given on p.19 (7.6%). In addition, catch and/or landings per unit area of habitat can be used as an index of fishing ‘intensity’ which can be compared with data for other exploited stocks. These additional indices of stock condition could be included in the relevant sections of the report on p.19-20. [Some of these suggestions may be catered for in the final report awaited from SEERAD (mentioned in R4, p.4)]. MML Comment: additional data is added to report, but this awaits fuller analysis in the pending FRS report. The closed area was granted to the creel fishery for 5 years initially (p.6). There is no mention of a 5 year time limit in SSI 174 but what is the current position regarding the legislation? Could the legislation be strengthened to include the technical measures in the Torridon Management Plan (TMP) (see later comments)? MML Comment: The 5-year limit is being rolled forward, text is expanded in report in this regard. It is not clear whether the number of vessels creel fishing in the zone is 17, or 8 + 10 = 18 (p.7). Is it therefore 12 vessels fishing to the TMP and 6 vessels not doing so? MML Comment: amended in report, is 18. On p.11, it is suggested that sea bird predation is the main cause of Nephrops discard mortality. This is difficult to know with any degree of certainty since there are many 1 other potential predators (fish, seals, cephalopods), unseen, which could predate discards in the time between discarding and location of an empty burrow. This point is made in the detailed scoring Table at 1.1.2.1. Nevertheless, the prevention of bird predation by using a tube or chute would be worthwhile, as recommended in Section 11.3.3 of the Report. MML Comment: amended in report. In Section 3.2 (p.15), it states that enforcement of the Order is, in practice, self- enforcing, referring to Section 3.3. This is confusing; the fishermen have no powers to enforce the legislation, only the SFPA can do that; doubtless the fishermen can monitor compliance with the Order, as they do with the TMP, as stated in 3.3. Even here it would be more accurate to say that compliance with the TMP can only be partially monitored because 1/3 of vessels have not signed up to the TMP. MML Comment: amended in report. The TMP lists a number of technical measures designed to limit fishing effort (1-5, 7- 8) and conserve components of the stock (4, 6). There appears to have been little research so far to evaluate the effectiveness of these measures, whether they are the most appropriate or whether they could be changed to optimise yields and stock biomass. This is not intended as a criticism of the Report but is mentioned merely to highlight the need for further research. See section (e) for further discussion. LPUE data are presented for just two boats (p.21-22); in view of the recent declines in annual values, it would have been interesting to see data from more boats and overall aggregated values for the whole fleet. Are the recent declines in LPUE evident throughout the fleet? MML Comment: these two vessels were selected as they had the most complete time series, future data and analysis will be provided by FRS. (b) Whether the factual information has been applied appropriately to the scoring indicators in the table After careful consideration of the large table of ‘indicators and guideposts’, the scoring of the fishery in terms of the three MSC principals seems fair and reasonable on the whole, though I would suggest the authors reconsider some of the ‘scores’ in section 1.1.3., and possibly in sections 1.1.4 & 1.2. It is unlikely, however, that this ‘tinkering’ would affect significantly the overall scoring. The main issues are: 1.1.3.1: Are there appropriate limit and precautionary reference points based on stock biomass and fishing mortality. This important aspect has not really been addressed in relation to the Torridon fishery. It should be explicitly stated that the Torridon fishery will follow the STECF advice and operate on the basis of a 20% harvest ration of the biomass. This would be the precautionary TAC for the fishery, hence the need expressed above (a) for the biomass estimate from survey data to be included in the main report along with recent annual landings. MML Comment: this would be a useful additional management stage for the fishery, and may follow from the finalisation of the FRS report and the opportunities it provides for further improvement of the harvest strategy. The current scoring is, however, considered appropriate. 1.1.3.2: Is the stock status evaluated relative to appropriate reference points. The TAC for the whole of ICES Divisions VIa +Vb cannot be regarded as a reference 2 point for a smaller sub-area being managed locally. The Torridon fishery must have its own TAC reference point and this should be based on the target harvest ratio set at 20% of biomass. MML Comment: See 1.1.3.1 comment above. 1.1.3.5: Does the stock evaluation include the consequences of current harvest strategies. It is noted that this aspect is being addressed. It is important that all the technical measures in the TMP are evaluated for their effectiveness in controlling effort and exploitation pattern. The effects of changing the measures should be analysed to determine whether the best suite of measures is in place or whether changes could generate long term benefits for the fishery. It is suggested in section (e) that this type of analysis should form a second Recommendation in Section 11.3.3 of the Report. MML Comment: this recommendation is commended to TNMG. 1.1.3.6: Are clear, tested decision rules set out? Again, this needs to be spelt out for the Torridon fishery. What happens if LPUE continues to fall, or the local TAC, set as suggested above, is rapidly being taken up before the end of the year? In the first scenario, what remedial action will be taken to allow stock recovery? In the second, will the administrators and stakeholders be able/willing to close the fishery? Can legislation be introduced to ensure that all stakeholders have to comply, even those operating outside the TMP? MML Comment: these are good points that are tied-in with Condition 1 and are recommended to TNMG to form part of their considerations. 1.1.3.7: Are appropriate management tools specified to implement input and/or output controls? The TMP contains a number of appropriate technical measures, which, as mentioned above require evaluation in order to determine whether they represent an optimum strategy for the fishery. These measures, or at least some of them, now need to be enshrined in legislation as it is clear that voluntary compliance is not working; a third of the vessels are not operating to the TMP. Fishing effort is therefore potentially open-ended. In this situation the stock and fishery are potentially at risk. MML Comment: see 1.1.3.6. above. 1.1.4: The stock is at an appropriate level to maintain long-term productivity. The evidence with regard to the state of the stock is somewhat conflicting (recent LPUEs down but other indices more positive), and bearing in mind the uncertainties regarding effort from the non-TMP vessels, it would be prudent to apply the precautionary principle. The score of 80 would be reasonable if the current harvest ratio (derived, as suggested above, from landings/biomass) works out at less than 20%. If this is not the case then a lower score should be applied and Section 1.2 completed, with reference levels and recovery measures, based on scientific advice, agreed with administrators and stakeholders. MML Comment: this may be a consideration for future audits of the fishery and will be reviewed following the release of the FRS report. Note that some of the above comments apply to parts of section 3A, particularly those dealing with management objectives (3A.3.1), precautionary approaches (3A.3.3), reference points (3A.6.2) and harvest reductions (3A.6.3). (c) Whether the interpretation of information justifies the decision made on whether to certify the fishery 3 I would support the assessor’s recommendation to recertify the Torridon creel-only fishery under the MSC Principles for sustainable fishing, though I would venture to suggest, as an additional Condition, (i) that ways and means be found to strengthen the voluntary TMP by means of legislation and (ii) that reference points be agreed by which the health of the stock can assessed and remedial actions taken if required. See also sections (d) and (e). MML Comment: it is likely that TNMG would very much welcome these measures, but this requires additional political initiatives beyond the clients’ control. (d) The suitability of the conditions attached to certification I fully endorse the Condition 1. (Report p.32) concerning effort control, which has arisen because of the vessels, representing 1/3 of the fleet, currently operating outside the TMP. Unless these vessels can be persuaded to comply with the technical measures, which in my view are not particularly onerous, the long-term sustainability of the stock and fishery must be considered at risk. In any case, I feel that a voluntary suite of technical measures is not strong enough, hence the additional Condition suggested at (c) above. I would also suggest that the creel fishery needs to have an output control in the form a local annual TAC, perhaps based on a harvest ration of 20% current stock biomass. Legislation to back up the TMP plus this output control would serve to limit the potential damage caused by vessels remaining outside the TMP. MML Comment: we would again commend these considerations to TNMG and refer to our comments under section c) above. (e) Main conclusions There are uncertainties over the present stock condition (conflicting indices). Landings data and stock biomass estimates, from TV & acoustic surveys, should be included in the Report and used to derive another estimate of current harvest ratio. MML Comment: stock status appears to be currently at an appropriate level, but is subject to ongoing monitoring. There is a need for research aimed at the evaluation of the effectiveness of the technical measures in the TMP. For example, no detailed analysis has been published on the creel escape gap measure, though this task was one of the conditions of the original certification. (p.28). It is understood that some preliminary work was done earlier, as a student project, and that UMBS, Millport have appointed another student to continue this work. It would be worth while evaluating other measures in the TMP (eg. measures 1, 2, 5, 6, 7 & 8) to determine their relative effectiveness and whether improvements could be made1. This topic should be included as a Recommendation. MML Comment: we would commend this recommendation to TNMG. The fact that 1/3 of vessels are operating outside the TMP is of great concern and it is right that an attempt to rectify this is included as a Condition for certification. I recommend a second Condition, that discussions are held with appropriate authorities with a view to including at least some of the TMP technical measures in new legislation. Having a voluntary code does not appear to be sufficiently binding on some stakeholders. While some fishers remain outside the TMP, fishing effort can increase with a potential risk to the 4 stock. MML Comment: TNMG are very active in attempting to attain this type of recognition and management. There is a need to identify reference points by which the health of the stock can be judged and remedial action taken if required. This should be included in the second Condition and would involve discussions with scientific advisors. As a first step a TAC could be set for the Torridon Nephrops creel fishery, based on, say, 20% of stock biomass. The EU determined TAC for the whole of ICES areas VIa +Vb cannot be used to control the output from small localised areas. MML Comment: future surveillance audits will necessarily include the FRS report, which will update information on the stock status. If necessary, measures to improve the monitoring, assessment, and management of the closed area would be considered at this time. (f) Some minor typographical errors p.12, line 8, suggested text change: In contrast to some trawl fisheries, Nephrops in creel fisheries accounts for ……… MML Comment: amended in report. p.12, -8: Remove space after ‘quadrangularis’ MML Comment: amended in report. 1 Footnote There are some unpublished data available at FRS on the catch rate of Nephrops in creels in relation to creel immersion time (‘soak’ time). This information is somewhat dated but could be useful for the correction of LPUE data and for analysing the effect of varying fishing days at sea (Item 5 in the TMP). 5 Appendix B The requirements of the Condition are as follows. Condition 1. Control of effort within Closed Area and stock status Action required: It is recognised that the overall Nephrops stock within Functional Units 11 and 12 (North and South Minch) is considered by ICES to be exploited at a sustainable level. However, the creel fishing effort within the Torridon Closed Area has increased over the last five years and, it is now suggested, could be approaching saturation. This could give rise to a situation of local depletion. This could be exacerbated by the fact that some recent entrants to the fishery in the Closed Area have not agreed to comply with the Management Plan Code of Conduct. Whilst this has not had an evident effect at this time on the stock status, any future significant declines in stock abundance may compromise the MSC certified status of this fishery. TNMG should demonstrate that the input/output controls within Loch Torridon and the wider Area C management unit are effective in maintaining the status of the stock within Torridon waters at an appropriate level. It is therefore required that TNMG develop, with relevant management bodies, means of achieving appropriate limits on fishing mortality either through effort (input) and/or landings (outputs) within the closed area. This should include consideration of the implementation of the Code of Conduct on all vessels fishing within the closed area. Appropriate levels of monitoring of stock status (through fishery dependent and/or independent indices) must continue. If appropriate limits on fishing mortality are not developed, then it must be demonstrated that current management is effective in achieving sustainable exploitation of the stock within the Loch Torridon area. Timescale:Appropriate actions by TNMG should be begun within 6 months of certification of the fishery and continue to be explored, either throughout the duration of this certificate or, in the event of any determined significant declines in stock abundance, appropriate controls should be implemented in line with an appropriate stock rebuilding plan. Relevant Scoring Indicator: 1.1.3.7, 3A.6.3 Action Plan TNMG agrees that there is a need for some legal control of effort, but the means by which that may be done is outside of TNMG’s control. TNMG will therefore write to Mr Richard Lochhead of the Scottish Government Marine Directorate explaining our position. We will invite him to discuss the fishery, the importance of the control of effort, and the importance of establishing further areas where creel and trawl effort are separated. We will pursue additional actions as appropriate following a response from the Scottish Government Marine Directorate.