MSC SUSTAINABLE FISHERIES CERTIFICATION

On-Site Surveillance Visit - Report for SSMO Shetland inshore brown & velvet and scallop fishery

4th Surveillance Audit

September 2016

Certificate Code F-ACO-0086, -87, -88 Prepared For: The Shetland Shellfish Management Organisation Prepared By: Acoura Marine Authors: Rod Cappell, Bert Keus and Julian Addison

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Acoura Marine Surveillance Report

SSMO Shetland inshore brown & velvet crab and scallop fishery

Assessment Data Sheet

Fishery name SSMO Shetland inshore brown & velvet crab and scallop fishery

Species and Stock Shetland Inshore King Scallop (), Velvet Crab (Necora puber) & Brown crab (Cancer pagurus)

Date certified 14th March 2012 Date of expiry 13th March 2017

Surveillance level and type Normal Surveillance – On-site

Date of surveillance audit W/C 26th September 2016

Surveillance stage (tick one) 1st Surveillance

2nd Surveillance

3rd Surveillance

4th Surveillance 

Other (expedited etc)

Surveillance team Lead assessor: Rod Cappell Assessor(s): Bert Keus, Julian Addison

CAB name Acoura Marine

CAB contact details Address 6 Redheughs Rigg Edinburgh EH12 9DQ

Phone/Fax 0131 335 6662

Email [email protected]

Contact name(s) Billy Hynes

Client contact details Address SSMO, Stewart Building, Lerwick, Shetland ZE2 9RW

Phone/Fax 01595 693197

Email [email protected]

Contact name(s) Carole Laignel

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Contents

1 Introduction ...... 4 1.1 Scope of Surveillance ...... 4 1.2 Aims of the Surveillance ...... 4 1.3 Certificate Holder Details ...... 5 2 Surveillance Process ...... 6 2.1 Findings of the original assessment ...... 6 2.2 Surveillance Activity ...... 8 2.2.1 Surveillance team details ...... 8 2.2.2 Date & Location of surveillance audit ...... 9 2.2.3 Stakeholder consultation & meetings ...... 9 2.2.4 What was inspected ...... 9 2.2.5 Stakeholder Consultation ...... 9 2.3 Surveillance Standards ...... 9 2.3.1 MSC Standards, Requirements and Guidance used ...... 9 2.3.2 Confirmation that destructive fishing practices or controversial unilateral exemptions have not been introduced ...... 9 3 Updated Fishery Background ...... 10 3.1 Changes in the management system ...... 10 3.2 Changes in relevant regulations ...... 10 3.3 Changes to personnel involved in science, management or industry ...... 10 3.4 Changes to scientific base of information including stock assessments ...... 10 3.5 Any developments or changes within the fishery which impact traceability or the ability to segregate between fish from the Unit of Certification (UoC) and fish from outside the UoC (non- certified fish) ...... 12 3.6 TAC and catch data ...... 12 3.7 Summary of Assessment Conditions ...... 13 4 Results ...... 14 4.1 Condition 1 ...... 14 4.2 Condition 2 ...... 2 4.3 Condition 3 ...... 2 4.4 Condition 4 ...... 2 4.5 Condition 5 ...... 2 4.6 Condition 6 ...... 2 4.7 Condition 7 ...... 2 4.8 Condition 8 ...... 2 4.9 Condition 9 ...... 2 5 Conclusion ...... 5 5.1 Summary of findings ...... 5 6 References ...... 5

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1 Introduction

1.1 Scope of Surveillance This report outlines the findings of the 4th Annual Surveillance of the SSMO Shetland inshore brown & velvet crab and scallop fishery. The scope of the certified fishery and therefore of this surveillance is specified in the Units of Certification set out below: UoC 1 Species: King scallop (Pecten maximus) Stock: Shetland Inshore King scallop Geographical area: FAO Statistical Area 27, in EU waters - ICES Area IVa which is within 6nm of Shetland Harvest method: Scallop dredge (mobile gear) Client Group: The Shetland Shellfish Management Organisation (SSMO) UoC2 Species: Velvet crab (Necora puber) Stock: Shetland Inshore Velvet crab Geographical area: FAO Statistical Area 27, in EU waters - ICES Area IVa which is within 6nm of Shetland. Harvest method: Creel/pots (static gear) Client Group: The Shetland Shellfish Management Organisation (SSMO) UoC 3: Species: Brown crab (Cancer pagurus) Stock: Shetland Inshore Brown crab Geographical area: FAO Statistical Area 27, in EU waters - ICES Area IVa which is within 6nm of Shetland. Harvest method: Creel/pots (static gear) Client Group: The Shetland Shellfish Management Organisation (SSMO)

1.2 Aims of the Surveillance The purpose of the annual Surveillance Report is fourfold: 1. to establish and report on whether or not there have been any material changes to the circumstances and practices affecting the original complying assessment of the fishery; 2. to monitor the progress made to improve those practices that have been scored as below “good practice” (a score of 80 or above) but above “minimum acceptable practice” (a score of 60 or above) – as captured in any “conditions” raised and described in the Public Report and in the corresponding Action Plan drawn up by the client; 3. to monitor any actions taken in response to any (non-binding) “recommendations” made in the Public Report; 4. to re-score any Performance Indicators (PIs) where practice or circumstances have materially changed during the intervening year, focusing on those PIs that form the basis of any “conditions” raised. Please note: The primary focus of this surveillance audit is assess changes made in the previous year. For a complete picture, this report should be read in conjunction with the Public Certification Report for this fishery assessment which can be found here:

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https://www.msc.org/track-a-fishery/fisheries-in-the-program/certified/north-east-atlantic/shetland- inshore-crab-lobster-and-scallop/assessment-downloads-1/Public_Certification_Report_-_Final_- _ShetIS.pdf

1.3 Certificate Holder Details The client for this certification is the Shetland Shellfish Management Organisation (SSMO). The SSMO was established to apply for and administer The Shetland Regulation Fishery Order, which came into effect in January 2000. The SSMO is a non-profit making, legally constituted company with a board of directors currently comprising: 2 representatives from Shetland Fishermen’s Association, 2 representatives from Shetland Islands Council, 1 representative from the Association of Shetland Community Councils, 1 Shellfish processor and 2 licensed members The Regulating Order in Shetland was first granted to the SSMO in 1999 for a 10 year period and has since been re-issued twice for the period 2010 to 2013 and recently for the period 2013-2028. The Regulating Order grants the SSMO the legal right to manage the and scallops fisheries (among other shellfish fisheries), within the area between the low water mark and the six mile limit around Shetland. The order enables the SSMO to impose restrictions and regulations, to issue licenses and to impose tolls. Initially 125 licenses were issued to fish with creels for crabs and lobsters in 2001 and this number decreased to 86 in 2006. The number of licensed vessels using dredges for scallops has remained relatively constant since 2002 at between 28 to 30, increasing to 33 in 2006 and resulting in the number of SSMO licenses overall totaling 119 from 2006 onwards. This total has decreased in recent years: from 119 at the time of first assessment in 2012; down to 108 in 2014; 105 in 2015 and 101 licenses in 2016. A vessel list is maintained by the SSMO (see website: http://www.ssmo.co.uk) and Acoura are notified of any changes.

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2 Surveillance Process

2.1 Findings of the original assessment The Performance of the SSMO velvet crab, brown crab and scallops fisheries in relation to MSC Principles 1, 2 and 3 at time of original assessment is summarized in Table 3.1.1 and 3.1.2.

Table 3.1.1 - Allocation of weighted scores at Sub-criteria, Criteria and Principle levels

MSC Principle Velvet Crab Brown Crab Scallop fishery fishery fishery

Principle 1: Sustainability of Exploited Stock 80.0 PASS 80.0 PASS 81.3 PASS

Principle 2: Maintenance of Ecosystem 83.0 PASS 83.0 PASS 80.7 PASS

Principle 3: Effective Management System 82.8 PASS 82.8 PASS 82.8 PASS

Table 3.1.2 - Summary of the scores for Shetland Inshore Fishery

Principle 1 – Stock Status / Management Strategy Velvet Brown Scallop Crab Crab

1.1.1 Stock status 80 80 80

1.1.2 Outcome (status) Reference Points 65 65 65

1.1.3 Stock Rebuilding NA NA NA

1.2.1 Harvest Strategy 95 95 95

1.2.2 Harvest control rules & 90 90 90 tools Management 1.2.3 Information & monitoring 80 80 90

1.2.4 Assessment of stock 85 85 85 status

Creel (brown crab Scallop Principle 2 – Wider Ecosystem Impacts and velvet crab ) dredge

2.1.1 Outcome (status) 85 90 2.1.2 Retained Species Management 95 95 2.1.3 Information 95 90 2.2.1 Outcome (status) 90 80 2.2.2 Bycatch Management 80 80 2.2.3 Information 75 80 2.3.1 Outcome (status) 80 90 ETP Species 2.3.2 Management 70 80

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Creel (brown crab Scallop Principle 2 – Wider Ecosystem Impacts and velvet crab ) dredge

2.3.3 Information 70 70 2.4.1 Outcome (status) 90 60 2.4.2 Habitats Management 80 60 2.4.3 Information 95 95 2.5.1 Outcome (status) 80 80 2.5.2 Ecosystem Management 80 80 2.5.3 Information 80 80

Principle 3 – Management / Governance (all units of certification)

3.1.1 Legal & customary framework 95

3.1.2 Consultation, roles & responsibilities 95 Governance & Policy 3.1.3 Long term objectives 100

3.1.4 Incentives for sustainable fishing 80

3.2.1 Fishery specific objectives 70

3.2.2 Decision making processes 75

3.2.3 Fishery-specific Compliance & enforcement 80 Management System 3.2.4 Research plan 80

3.2.5 Management performance evaluation 60

(Sourced from original assessment) As a result of the assessment, eight conditions of certification were raised by the assessment team, and maintenance of the MSC certificate is contingent on the SSMO Shetland inshore brown & velvet crab and scallop fishery moving to comply with these conditions within the time-scales set at the time the certificate was issued. A further condition on the velvet crab fishery was raised following the first surveillance audit as stock status (1.1.1) was rescored at 70 and as a result rebuilding strategy (1.1.3) was scored at 90. In addition, seven recommendations were made which, whilst not obligatory, the client is encouraged to act upon within the spirit of the certification. All recommendations were deemed to have been addressed at year 2 surveillance. Date certified 14/03/2012 Certificate expiry 13/03/2017 Number of previous audits Three

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2.2 Surveillance Activity

2.2.1 Surveillance team details This on-site surveillance visit was carried out by Rod Cappell, Bert Keus and Julian Addison. The Team Leader was Rod Cappell. Rod Cappell (P3) is an experienced, qualified MSC auditor with over 15 years of industry experience, including 10 years as project leader and project manager. Fisheries & aquaculture industry analysis; • Port infrastructure and regeneration: feasibility & business planning for port infrastructure investment. • Coastal management: development & implementation of coastal and marine spatial planning. • Economic appraisal & environmental economics: Economic and socio-economic analysis, options appraisal & Cost Benefit Analysis. • Fisheries policy, legislation and management: Provision of policy research, legislative review and development of fisheries management plans. • Sector planning: industry development, strategic reviews and plans. • Environmental Assessment: experienced practitioner and project manager for Environmental Impact Assessment, SEA, and Appropriate Assessment & MSC certification. • Aquaculture: strategic and technical development of sustainable aquaculture. • Fish processing & marketing: investigations into global seafood trade including price analysis, eco- labelling, certification and use of Life Cycle Assessment. • Project & public expenditure design & evaluation: programme design and ex-ante, mid-term and ex- post monitoring and evaluation. Bert Keus (P2) is an independent consultant based in Leiden, the Netherlands. He holds degrees in biology and law, and has previously held the position of Head of the Environmental Division of the Dutch Fisheries Board, and research fellow with the fisheries division of the Agricultural Economics Research Institute of Holland (LEI-DLO). Over the years 2003 and 2004 he managed fishing and processing companies in the Gambia handling fish from industrial and artisanal fisheries, and he maintains his contacts with the Gambian seafood industry. In addition, however, he has long association with the shellfish fisheries of the Wadden Sea and neighbouring areas of northwest Europe, and he has been involved in efforts to achieve MSC certification of the brown shrimp fishery – acting as technical advisor to this multi-stakeholder initiative, and sitting on the project’s management board. Through this work and several other MSC certifications he has become particularly familiar with the MSC certification process (and indirectly with the GASS/DD assessment methodology). His research work on fish biology and population dynamics is widely published, and between the years 1998 and 2003 he was a Member of the European Sustainable Use Specialist Group, Fisheries Working Group of IUCN. Dr Julian Addison (P1) is an independent fisheries consultant with 30 years’ experience of stock assessment and provision of management advice on shellfish fisheries, and a background of scientific research on shellfish biology and population dynamics and inshore fisheries. Until December 2010 he worked at the Centre for Environment, Fisheries and Aquaculture Science (Cefas) in Lowestoft, England where he was Senior Shellfish Advisor to Government policy makers, which involved working closely with marine managers, legislators and stakeholders, Government Statutory Nature Conservation Organisations and environmental NGOs. He has experienced shellfish management approaches in North America as a visiting scientist at DFO in Halifax, Nova Scotia and at NMFS in Woods Hole, Massachusetts. For four years he was a member of the Scientific Committee and the UK delegation to the International Whaling Commission providing scientific advice to the UK Commissioner. He has worked extensively with ICES and was Chair of the Working Group on the Biology and Life History of Crabs, a member of the Working Group on Crangon Fisheries and Life History and a member of the Steering Group on Ecosystems Function. He has recently completed or is currently undertaking MSC full assessments for the Newfoundland and Labrador snow crab fishery, the Ireland and Northern Ireland bottom grown mussel fisheries, both the Estonia and Faroe Islands Barents Sea cold water

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prawn fisheries, the Nephrops fishery in the Skagerrak and Kattegat, the Swedish shrimp fishery in the Skagerrak and Norwegian Deep and the Eastern Canada offshore lobster fishery. He has also undertaken various MSC pre-assessments and surveillance audits and has carried out peer reviews of MSC assessments in both Europe and North America of lobster, cold water prawn, razorfish, cockle and scallop fisheries. Other recent work includes a review of the stock assessment model for blue crabs in Chesapeake Bay, USA, and an assessment of three Alaskan under the FAO- based Responsible Fisheries Management scheme.

2.2.2 Date & Location of surveillance audit The on-site surveillance was conducted in Lerwick between the 28th and 30th September 2016

2.2.3 Stakeholder consultation & meetings A meeting was held with SSMO staff, followed by meetings with scientific advisers, NAFC Marine Centre; a representative of the nature conservation agency, SNH; SSMO board members (fishermen’s representatives and Shetland Islands Council staff); and a fishery officer from Marine Scotland Compliance.

2.2.4 What was inspected NAFC Marine Centre, as science and fisheries management advisers to SSMO presented information on recent surveys and the SSMO provided minutes of meetings to inform the update on the fishery and assessment of progress against the conditions.

2.2.5 Stakeholder Consultation A total of stakeholder organisations and individuals having relevant interest in the assessment were identified and consulted during this surveillance audit. The interest of others not appearing on this list was solicited through the postings on the MSC website. Documents referred to See Appendix 4.

2.3 Surveillance Standards

2.3.1 MSC Standards, Requirements and Guidance used This surveillance audit was carried out according to the MSC Fisheries Certification Requirements FAM 1.3 using process v2.0.

2.3.2 Confirmation that destructive fishing practices or controversial unilateral exemptions have not been introduced No indication was given or suggested during the surveillance audit to suggest that either of these practices is in evidence for this fishery

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3 Updated Fishery Background

3.1 Changes in the management system No significant changes in fleet management or operation are reported. Active vessels in the fishery have further decreased from 105 down to 101 vessels. Re-allocation of un- used licences has been in line with SSMO licensing policy (available on the SSMO website http://www.ssmo.co.uk ).

3.2 Changes in relevant regulations There was one new area closed to scallop dredging in 2016.

3.3 Changes to personnel involved in science, management or industry There have been some changes to the SSMO board of directors as the fishermen’s representatives have been replaced by other fishermen.

3.4 Changes to scientific base of information including stock assessments The main indicator of stock status around which the harvest control rules are based for all three species continues to be landings per unit effort (LPUE). Since the 3rd surveillance audit undertaken in August 2015, LPUE data for 2015 were provided to the assessment team by the client. Landings in 2015 were slightly lower than in 2014, but the status of the scallop stock has not changed in recent years with LPUE continuing to be above the target LPUE of 23 scallops per hour per dredge (Figure 3.4.1), and in consequence no management action is required. The strong year class of 2005 has now passed through the scallop population, and this is reflected in recent virtual population analysis (VPA) outputs, which predict decreased biomass and landings. The NAFC Marine Centre has designed a scallop biomass survey using a stratification based on sediment type and fishing activity as described by VMS data. The scallop survey was implemented in 2015, but the Client and NAFC Marine Centre advised the audit team that the survey results had not yet been fully analysed. LPUE for brown crab declined in 2012, being at the lowest point in the 13 year time series, as a result of which management actions (the introduction of creel limits and no additional licences to be issued) were triggered under the agreed harvest control rules. From 2012 to 2014 LPUE increased significantly and was well above the target reference point of 0.8 kg per creel in 2014 (Figure 3.4.2). In 2015 both fishing effort and landings were down in comparison with 2014, but LPUE was at its highest level since the time series began in 2000. Fishing effort continues to be controlled through creel limits and no additional licences have been issued since the last surveillance audit. From 2008 to 2012 velvet crab LPUE declined to well below the target reference point of 0.6 kg/creel and as it dropped below the 2nd trigger reference point of 0.5 kg/creel in 2012, the following management actions were triggered under the agreed harvest control rules: fishing effort was limited through the introduction of a limit of 240 creels targeted at velvet crabs, no additional licences have been issued, the closed season for velvet crabs (when they are moulting) was lengthened, the NAFC Marine Centre was commissioned to carry out a velvet crab survey in 2014, and areal closures by SSMO grid were discussed by the SSMO board but rejected as there was no evidence of the benefit of such closures. The most recently available data show that since 2012 the number of creels targeting velvet crab has declined year-on-year. LPUE declined marginally in 2013, but then increased significantly in 2014 such that it was then above the 2nd trigger reference point of 0.5 kg/creel (Figure 3.4.3). In 2015 LPUE declined slightly in comparison with 2014. Velvet crab LPUE is therefore still below both the original target reference point of 0.6 kg/creel and the recently revised reference point of 0.55 kg/creel and so the velvet crab stock can still not be considered to be fluctuating around its target reference point. Results from the 2014 velvet crab survey by NAFC show significant geographical variation in catch rates, size distributions, sex ratios and moult stage and show that since the 2007 and 2008 surveys catch rates of both males and females have declined, the mean size in the catch has declined and the proportion of males in the catch has declined, all suggesting increased exploitation rates. Catch rates had not increased during the 2016 survey, but there was an increased mean size of both males and females in comparison with 2014, providing conflicting evidence on whether exploitation rates had increased or declined. However management actions implemented since 2012 to reduce the

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level of fishing effort appear to be working (Figure 3.4.3), and are expected to contribute to the recovery of the stock to the target reference point. As noted at the 2nd surveillance audit in 2014, new log sheets were introduced in 2013 providing scope for vessels to record the main target species for each set of gear. Previously LPUE data were an aggregation of all fleets of creels irrespective of the main target species. As a result mean LPUE figures for one species may be artificially reduced because of the inclusion of fleets for which another species was the main target. For example, creels targeted at velvet crabs will also have a bycatch of brown crab, and including the LPUE of brown crabs from those creels within the overall figures will artificially reduce the LPUE for brown crabs. In future, it will be possible to calculate LPUE for each species using data only from vessels and/or fleets of creels which have specifically targeted that species, which should provide a more accurate index of stock abundance than in previous years. At this year’s surveillance audit, the Client stressed that LPUE estimates for 2015 have been calculated in the same way as in previous years to ensure that it is possible to make a direct comparison of all points in the time series. For example, the large increase in LPUE for brown crabs in 2014 and 2015 is a true reflection of increased stock abundance and not an artefact of changing the method of calculating LPUE. In addition to improvements in recording of the target species on the new log sheet, an upgraded database has been developed which allows spatial integration of fisheries data and the incorporation of biological data, providing a spatially referenced management tool for use in conjunction with the standard assessment of stock status using LPUE-based reference points and associated harvest control rules. At this year’s surveillance audit, the Client reported that the fisheries component has been completed, and Phase II is now underway in which observer sampling data and new improved maps will be incorporated.

Figure 3.4.1. Landings of scallops (displayed in numbers) and mean LPUE (landings per dredge hours).

Figure 3.4.2. Total brown crab landings (Kg), total number of creels catching brown crab, and the average LPUE obtained from SSMO logbooks data with 95% confidence intervals shown.

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Figure 3.4.3 Total velvet crab landings (Kg), total number of creels catching velvet crab, and the average LPUE obtained from SSMO logbooks data with 95% confidence intervals shown.

3.5 Any developments or changes within the fishery which impact traceability or the ability to segregate between fish from the Unit of Certification (UoC) and fish from outside the UoC (non-certified fish) There have been no changes to the operation of the fishery that would impact traceability. All

3.6 TAC and catch data Table 3.6-1 TAC and Catch Data

Total TAC for most recent fishing year: 2015 Unit of Certification share of the total TAC established for the fishery in most recent fishing year*

UoC Brown Crab 1 473.4 tonnes

UoC Velvet crab 2 127.2 tonnes

UoC Scallops (number of shells) 3 3,691,033 shells

100% of Shetland inshore Client share of the total TAC established for the fishery in most recent fishing year: catch (no TAC set) Scallops (no. of shells) 2014 3,692,659 2015 3,691, 033

Brown Crab (tonnes) 2014 601.6 2015 473.4

Velvet Crab (tonnes) Total greenweight catch taken by the client group in the two most recent calendar years: 2014 147.9

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2015 127.2

3.7 Summary of Assessment Conditions Table 3.7-1 Summary of Assessment Conditions

Binding Conditions Descriptions Status of Progress Condition 1 (velvet crab, During the fourth year of certification NAFC Marine Centre has On target brown crab and scallops) proposed to the SSMO board revised limit and target reference points which are set at levels consistent with avoiding recruitment overfishing and maintaining the stock at BMSY. Condition 2 (creels) Evidence of observer coverage that records discarding of all Closed year 1 species in the creel fisheries on a routinely basis and is used to shape future strategy where appropriate Condition 3 (creels) Evidence of an implemented Code of Conduct outlining action Closed year 3 to be taken should incidental entanglement occur with ETP species Condition 4 (scallops) Evidence of an implemented Code of Conduct outlining action Closed year 3 to be taken should interactions occur with ETP species Condition 5 (scallops) Evidence that a vessel log for recording encounters with Closed year 3 vulnerable seabed habitats Condition 6 (crab, velvets, Short & long term objectives explicit within the management Closed year 3 scallops) plan Condition 7 (crab, velvets, Decision-making processes well-defined with clear Closed year 3 scallops) communication of outcomes. Condition 8 (crab, velvets, Monitoring and evaluation of management performance (HCR) Closed year 2 scallops) Condition 9 (velvet crab) Continue to implement rebuilding strategies to ensure that the Closed velvet crab stock rebuilds toward the target reference point within the shortest practicable rebuilding timeframe.

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4 Results

4.1 Condition 1 Brown Crab, Velvet Crab and Scallops Units of Certification Condition 1 Reference points

Performance 1.1.2 – Reference points Indicators: Limit and target reference points are appropriate for the stock. Score: 65 Timelines 5 years of certification. From the 1st year of certification: working with relevant stakeholders to support the implementation of: » Limit reference points set above the level at which there is an appreciable risk of impairing reproductive capacity » Target reference point set at levels consistent with BMSY or some surrogate measure with similar intent or outcome. Limit and target reference points should be set at levels which are justified biologically. Summary of Generic reference points are used which are based on reasonable practice. However there is a issues lack of biological basis for the level at which they are set. Thus not meeting Issue 2 and 3 of scoring guidepost 80. Suggested From the start of 5 year certification period: Working with relevant stakeholders to support the Action implementation of limit and target reference points which are set at levels consistent with avoiding recruitment overfishing and maintaining the stock at BMSY. Milestones Years 1-4: Working with relevant stakeholders to support the implementation of limit and target reference points which are set at levels consistent with avoiding recruitment overfishing and maintaining the stock at BMSY. Resulting score: 65 Year 5: Adoption of limit and target reference points using information on the biology of the species to avoid recruitment overfishing and to maintain the stocks at BMSY. Resulting score: 80

Progress against interim milestones Year 4: To address Condition 1, the SSMO has continued to engage with the NAFC Marine Centre during the fourth year of certification in order to define limit and target reference points which are set at levels consistent with avoiding recruitment overfishing and maintaining the stock at Bmsy. SSMO commissioned the NAFC Marine Centre to review the available data for all three species in order to provide data ranges for reference point setting using a traffic light approach. Based on this review the SSMO Board approved the setting of a suite of reference points for scallops, brown crabs and velvet crabs (Tables 4.1.1, 4.1.2 and 4.1.3). Adopting a traffic light approach, LPUE values on or above the upper point were considered as ‘green’, values between the upper and lower points were considered to be ‘amber’, and values below the lower point were considered to be ‘red’. If stock indicators drop below the upper reference point, then the harvest control rules trigger pre-determined management actions. If stock indicators drop below the limit reference point, the fishery will be closed. For scallops NAFC Marine Centre developed reference points for LPUE (landings per dredge hour) based on the historical trends of LPUE in the fishery and for spawning stock biomass (SSB) based on virtual population analysis (VPA) population-at-age estimates from the sampling programme (Table 4.1.1). No reference points relating to scallop size were included as the size relative to age varies considerably around Shetland. However NAFC Marine Centre noted that as results from the new scallop biomass survey build up, there will be scope for incorporating additional reference points. NAFC Marine Centre also noted that stock dynamics have been driven in the recent past by the very large 2005 year class and that now that year class has passed through the fishery, it will be necessary to review the agreed reference points. For brown crabs the reference points are based on data from vessels that on each particular day landed 100% of brown crabs and no velvet crabs. NAFC Marine Centre calculated lower and upper reference points equivalent to 33% and 66% respectively of the mean value of LPUE for the period 2001 to 2014. The calculated values of LPUE were 1.58 and 1.27 kg/creel for the upper and lower points respectively (Table 4.1.2). NAFC Marine Centre also developed reference points based on mean size of brown crab

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(of the whole catch including undersized crabs) of 125.4 mm and 137.5 mm carapace width (CW) calculated again using 33% and 66% respectively of the mean size from 2001 to 2014. NAFC Marine Centre also considered potential reference points for fishing effort and pre-recruit abundance, but concluded that the data for both indices were too variable to provide the basis for meaningful reference points. For velvet crabs the reference points are based on catches of velvet crabs in the creels that have been specifically targeting velvet crabs. NAFC Marine Centre developed reference points based on LPUE, fishing effort, the mean size of male crabs, the sex ratio and the percentage of pre-recruits in the catch (Table 4.1.3). The SSMO Board also agreed that the target reference point for LPUE had been set too high initially at 0.6 kg/creel, and that it should be reduced to 0.55 kg/creel. As the new reference points for brown crab are based on data only from vessels on days when brown crab comprised 100% of the catch, the new reference points are different from those used in developing the original trigger points and harvest control rules (HCRs), and so it is necessary to re-define HCRs for brown crab. Similarly the development of new reference points for velvet crabs based on LPUE, the mean size of male crabs, the sex ratio and the percentage of pre-recruits in the catch, will require a revision of the current HCRs for velvet crabs. Improved knowledge of vessels’ target species will also provide scope for SSMO to manage brown crab and velvet crab stocks separately by issuing species- specific licenses. NAFC Marine Centre is currently reviewing the reference points that have been adopted formally by the SSMO board. Whilst these reference points provide a clear framework within which harvest control rules trigger management action if stock indicators drop below reference points, NAFC Marine Centre note that there is no clear link either between the current limit reference points and the point at which recruitment is impaired, or between the target reference points and Bmsy or some measure or surrogate with similar intent or outcome as required under the MSC Certification Requirements. NAFC Marine Centre also noted that the current method of calculating reference points based on historical time series up to the previous year (i.e. reference points for 2015 are based on data from 2001 to 2014), which means that reference points will change on an annual basis. It would be preferable to set reference points that do not vary from year to year. Setting the limit reference point will be based on identifying a low level in the time series of the stock indicator from which the stock has demonstrably recovered, i.e. identifying a low level at which there is clearly no impairment of recruitment. The setting of the target reference point will also be based on examining historical time series of the various stock indicators and identifying periods of high productivity which could be considered to be consistent with a period when the stock was at Bmsy. NAFC is still working on these revised reference points, and is aiming to provide the revised reference points, and their integration into the harvest control rules, for consideration by the SSMO board at their January 2017 meeting (Beth Mouat, NAFC, pers. comm.) The Client is therefore on target to meet the condition in year 5 of the certification. Remedial actions None required Changes to condition None Updated status On target. The audit team notes that this condition must be met within the final year of the certification, and that re-assessment of this fishery has commenced. The audit team emphasizes therefore that this fifth year milestone must be met before the fishery can be re-certified. In practice, the Client should therefore provide evidence before the publication of the PCDR of the re-certification report that the fifth year milestone has been met.

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Table 4.1.1. Reference points for Scallops in the SSMO Inshore fishery, and the reasons for their choice. The reference points are organised as a traffic light system of red, amber, and green. Only red and green values are shown with amber taken as values that lie between, but not inclusive of, the red and green values. (Source: SSMO Harvest Control Rules, February 2016)

Variable Green Red Reason LPUE (dreg hrs) 25 20 Due to the increasing trend in LPUE over the period of data collection the standard 33% and 66% values were not a good fit for the data set as a whole. These values were deemed to be more representative. LPUE Regional No specific values were set for these, however, it was considered essential that any harvest control rules would take into consideration variations between areas, SSB (spawning stock 66% 33% This is calculated using VPA population at age estimates and whole biomass) weights from the sampling programme. It will require review in light of the large recruitment in 2005 moving out of the population.

Table 4.1.2. Reference points for brown crabs in the SSMO Inshore fishery, and the reasons for their choice. The reference points are organised as a traffic light system of red, amber, and green. Only red and green values are shown with amber taken as values that lie between, but not inclusive of, the red and green values. (Source: SSMO Harvest Control Rules, February 2016).

Variable Green Red Reason LPUE 1.58 1.27 The 33% and 66% mean limits from 2001 to 2014 were regarded as a good representation with the 1.58 kg/creel and 1.27 kg/creel agreed for the green and red, respectively. Effort Effort showed a large variation and it was agreed to not include this as a reference point but the information would be discussed as part of the stock assessment. Mean size (whole 137.5 125.4 The 33% and 66% mean limits from 2001 to 2014 were regarded as catch, including a good representation with the 137.5 mm and 125.4 mm agreed for undersized) the green and red, respectively. Pre-recruit The data was very variable over time and it was decided to not use this as a reference point.

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Table 4.1.3. Reference points for velvet crabs in the SSMO Inshore fishery, and the reasons for their choice. The reference points are organised as a traffic light system of red, amber, and green. Only red and green values are shown with amber taken as values that lie between, but not inclusive of, the red and green values. (Source: SSMO Harvest Control Rules, February 2016).

Variable Green Red Reason LPUE 0.55 0.3 This was lowered from 0.6 kg/creel by 0.05 to 0.55 kg/creel for the upper (green) limit and a lower (red) limit of 0.3 kg/creel was set in order to give a good spread between values to allow scope for management measures to be taken Effort 33% of the yearly means 66% of the yearly means Gave a good representation of the data with a good spread between values which would allow scope for management measures to be taken Mean male size Mean of size since 2001 MLS The MLS was set as the lower level with the mean size as the upper (green) level Sex ratio 33% of the yearly means 66% of the yearly means In 2013 this corresponded to a sex ratio of more than 2 males to one female for red and less than 1.5 males to one female for green Male pre-recruit 33% of the yearly means 66% of the yearly means Gave a good representation of the data with a good spread between values which would allow scope for management measures to be taken

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4.2 Condition 2 Condition 2 was closed during the 1st Surveillance Audit.

4.3 Condition 3 Condition 3 was closed at year 3 surveillance

4.4 Condition 4 Condition 4 was closed at year 3 surveillance

4.5 Condition 5 Condition 5 was closed at year 3 surveillance

4.6 Condition 6 Condition 6 was closed at year 3 surveillance

4.7 Condition 7 Condition 7 was closed at year 3 surveillance

4.8 Condition 8 Condition 8 was closed at year 2 surveillance

4.9 Condition 9

Velvet crab Unit of Certification

Condition 9 Stock status Performance 1.1.1 – Stock status Indicators The LPUE (used as stock status indicator) not being at or fluctuating around the target LPUE (used by management as Target Reference Point) Score: 70 Summary of The status of the scallop and brown crab stock has not changed in relation to their target LPUE (Figure issues 4.2.1.1 and 4.2.1.2). However the velvet crab LPUE has decreased since year 2008 and has been below the target LPUE of 0.6 kg/pot during years 2009-2012 (Figure 4.2.1.3) FCI was informed by the NAFC fisheries team that LPUE for year 2012 does not include data from July onwards and therefore year 2012 should not be taken into account when assessing trends in LPUE. In fact the NAFC fisheries team told that FCI audit team that preliminary analysis show an increasing LPUE trend for years 2011-2012 (Leslie B., pern comm). As a result of the change in velvet crab stock status Principle 1 for velvet crab was rescored.

Suggested Continue to implement rebuilding strategies to ensure that the stock rebuild toward the target reference Action point is the shortest practicable rebuilding timeframe

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Milestones Year 2-4: Continuing implementing rebuilding strategies (i.e. Harvest Control Rules) to ensure that the stock rebuild and is at or fluctuating around the target reference point.

Score: 70

Year 5: To provide evidence that the stock is at or fluctuating around the target reference point. Score: 80

Progress against interim milestones At the second surveillance audit carried out in March 2014, the most recently available LPUE data at the time showed that velvet crab LPUE had declined continuously from 2008 to 2012. At this year’s surveillance audit landings and effort data for 2013, 2014 and 2015 show that fishing effort in the velvet crab fishery has been reduced significantly since 2012, and this reduction in fishing effort has coincided with a significant increase in LPUE since 2012. LPUE declined marginally in 2013, increased significantly in 2014 such that it was then above the 2nd trigger reference point of 0.5 kg/creel, before falling very slightly in 2015 (Figure 3.4.3). Despite the recent increase since 2012, velvet crab LPUE is still below both the original target reference point of 0.6 kg/creel and the recently revised reference point of 0.55 kg/creel, and so the velvet crab stock is not therefore at or fluctuating around its target reference point, and a score of 70 for PI 1.1.1 remains appropriate. As a new condition was raised against PI 1.1.1 at the 1st surveillance audit carried out in May 2013, PI 1.1.3 stock rebuilding was triggered. At the 2nd surveillance audit in March 2014 the audit team re- considered the score for PI 1.1.3 based on action taken to re-build the stock. Under the agreed harvest control rules a suite of management measures were implemented. A gear limit of 240 creels targeted at velvet crabs was agreed and implemented in 2013, the number of licences was capped at its current level, the closure period for velvet crab fishing when crabs are moulting was increased from six to eight weeks, and the NAFC Marine Centre was commissioned to carry out a velvet crab survey in 2014. These measures along with a minimum landing size significantly above the size at maturity were considered to constitute a rebuilding strategy (SG80a for PI 1.1.3 is met). In addition, a number of legislative and enforcement activities were implemented which will underpin the rebuilding strategy. Creel tags have to be attached to all gear to aid enforcement of creel limits, and Marine Scotland Compliance has committed to enforcement of these limits both onshore and at sea. The limit of 240 creels that may be targeted at velvet crabs is underpinned by a new regulation that all additional creels over the 240 limit must be fitted with escape gaps which permit the escape of all velvet crabs (but which retain other species above the minimum landing size). The rebuilding strategy should reduce effort to levels below that experienced in years when LPUE was above the target reference point and is therefore expected to rebuild the stock based on prior performance (SG80c is met). Rebuilding is expected to result in LPUE improvements over a period of 2 years, which is the shortest practicable timeframe, and consequently SG100b is met. The audit team at the 2nd surveillance audit concluded therefore that the overall score for PI 1.1.3 was 90 (Food Certification International, 2014). At this surveillance audit, the team reviewed progress with the re-building plan and considered whether the score for PI 1.1.3 was still appropriate. The cap on the number of licences and the increase in the moulting period closure from 6 to 8 weeks were introduced in 2012, but the limit of 240 creels targeted at velvet crabs did not come into force until 1 July 2013 and the requirement to have any additional creels fitted with escape gaps was not introduced until July 2014. However the Client reported that in 2016 escape gaps had still not been fitted to velvet crab creels because the initial production of escape panels was faulty, with most breaking up either during rigging or shortly afterwards. In summary, the full re-building strategy had not yet been implemented and evidence that the new management regulations implemented as part of the rebuilding strategy have been successful will not be fully apparent until 2016 data have been assessed. As noted above, LPUE has increased significantly since 2012, and the NAFC Marine Centre velvet crab survey in 2016 showed that there had been an increase in mean size of both males and females in 2016 compared with the results of the 2014 survey. Marine Scotland compliance officers have carried out observations of vessels; lifting their gear to ensure they are complying with creel limits and tagging of creels, and a specified number of days of surveillance were agreed for 2015. The reduction in fishing effort, the increase in velvet crab LPUE in 2014 and the observed compliance of the vessels with the new regulations all provide evidence that the rebuilding strategies are rebuilding stocks strengthening the conclusion that SG80c of PI 1.1.3 is reached. Although velvet crab LPUE showed a significant increase in 2014, this is the first year since 2007 that LPUE has increased, and so it cannot be

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SSMO Shetland inshore brown & velvet crab and scallop fishery

concluded that the rebuilding strategies have been demonstrated to be rebuilding stocks continuously or that there is strong evidence that rebuilding will be complete within the specified timeframe, and so SG100a is not met, and therefore the assessment team considers that the overall score of 90 for PI 1.1.3 remains valid. The audit team concluded that one of the key objectives of the re-building plan for the velvet crab stock of significantly reducing fishing effort has been achieved and that further action was being implemented. Effort has decreased from a peak of over 500,000 creels in 2009 to 275,000 creels in 2015. Velvet crab stock status had improved significantly following the reduction in exploitation rate, but not yet to the point where the stock could be considered to be at the target reference point. It is expected that the re-building plan will work, but probably not before the end of the certification period. In addition the audit team noted that velvet crab populations may be influenced by factors other than the level of fishing. For example observations from fishermen and the most recent stock assessments show that both lobster and brown crab populations are increasing, and such increases may be to the detriment of the recovery of the velvet crab stock. Lobster and crabs may be predators of small and soft velvet crabs and so natural mortality rates may have increased recently at the time when fishing mortality has declined, such that stock re-building has been compromised. In addition, fishermen report that velvet crabs will not enter creels in which a lobster has already entered, and so the increase in abundance of lobsters may be negatively impacting on catch rates of velvet crabs. The audit team also noted under recent MSC Guidance, a score of less than 80 for PI 1.1.1, scoring issue b, does not necessarily require the raising of a condition. The new Guidance states: “In the case that the stock is depleted, and PI 1.1.1 scoring issue (b) scores less than 80, the CAB may present a rationale that PI 1.1.3 fulfils the requirements of that condition.” When the score for PI 1.1.1 was revised to 70, the audit team at the time did not present a rationale that the triggering of PI 1.1.3 fulfilled the requirements of a condition on PI 1.1.1, but this was prior to the new MSC Guidance. The audit team for this 4th surveillance now consider that the triggering of PI 1.1.3 means that the condition raised against PI 1.1.1 is no longer necessary and can be closed. The conclusion of the audit team is strengthened by the knowledge that SSMO are in the process of revising reference points for velvet crab and that stock status in relation to the target reference point may therefore change in the coming months. In addition, the fishery is currently undergoing re-assessment, and if PI 1.1.1 scoring issue b does not meet the SG80, the re-assessment team would consider that the triggering of PI 1.1.3 would fulfil the requirement of a condition on PI 1.1.1. It would therefore be inappropriate to have a condition against PI 1.1.1 remaining open from the original certification. The audit team emphasised that if the velvet crab stock remains below the target reference point, action to re-build the stock is still required now, and will still be required by the Client during the re-certification period through the triggering of PI 1.1.3. Remedial actions None Changes to condition None Updated status The condition is now closed without rescoring. The audit team concluded that following recent MSC Guidance (below), this condition was no relevant as PI 1.1.3 had been scored. From MSC Interpretations page: “In the case that the stock is depleted, and PI 1.1.1 scoring issue (b) scores less than 80, the CAB may present a rationale that PI 1.1.3 fulfils the requirements of that condition. In the case that neither scoring issue (a) nor scoring issue (b) meet 80, a condition should be applied to scoring issue 1.1.1a, while also triggering PI 1.1.3 for the rebuilding.”

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5 Conclusion

5.1 Summary of findings All conditions are now either closed or expect to be completed in year 5 as planned. As such the fishery should continue to be certified and be re-assessed as planned this year.

Binding Conditions Descriptions Status of Progress Condition 1 (velvet crab, During the fourth year of certification NAFC Marine Centre has On target brown crab and scallops) proposed to the SSMO board revised limit and target reference points which are set at levels consistent with avoiding recruitment overfishing and maintaining the stock at BMSY. Condition 2 (creels) Evidence of observer coverage that records discarding of all Closed year 1 species in the creel fisheries on a routinely basis and is used to shape future strategy where appropriate Condition 3 (creels) Evidence of an implemented Code of Conduct outlining action Closed year 3 to be taken should incidental entanglement occur with ETP species Condition 4 (scallops) Evidence of an implemented Code of Conduct outlining action Closed year 3 to be taken should interactions occur with ETP species Condition 5 (scallops) Evidence that a vessel log for recording encounters with Closed year 3 vulnerable seabed habitats Condition 6 (crab, velvets, Short & long term objectives explicit within the management Closed year 3 scallops) plan Condition 7 (crab, velvets, Decision-making processes well-defined with clear Closed year 3 scallops) communication of outcomes. Condition 8 (crab, velvets, Monitoring and evaluation of management performance (HCR) Closed year 2 scallops) Condition 9 (velvet crab) Continue to implement rebuilding strategies to ensure that the Closed year 4 velvet crab stock rebuilds toward the target reference point within the shortest practicable rebuilding timeframe.

6 References

Food Certification International (2014). 2nd Annual Surveillance Report for SSMO Shetland Inshore Brown and Velvet Crab and Scallop Fishery. April 2014. SSMO Harvest Control Rules, February 2016

SSMO Licensing Policy, revised November 2015.

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Appendix 1 - Revised Surveillance Program

Surveillance programme not revised: this is the 4th year surveillance and conditions are fully met or being addressed, re-assessment will be undertaken.

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