Joint Recommendation of the Scheveningen Group Amending The

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Joint Recommendation of the Scheveningen Group amending the Discard Plan for Demersal Fisheries in the North Sea and establishing a Discard Plan for small pelagic fisheries and industrial fisheries in the North Sea

final version 04.05.2020

Index Introduction: ...... 3 A. Generalities ...... 3 1. Background ...... 3 1.1. Legal background ...... 3 1.2. Scheveningen High-Level Group ...... 5 1.3. Consultation with relevant Advisory Councils ...... 5 1.4. Previously submitted Joint Recommendations ...... 6 1.5. Extent of discarding in North Sea Demersal Fisheries ...... 7 1.6. Pelagic fisheries ...... 8 2. Objectives and scope of the discard plan ...... 8 2.1. Objectives ...... 8 2.2. Scope ...... 9 3. Implementation of the landing obligation ...... 9 4. Exemptions ...... 10 5.Adaptation of the Joint Recommendation ...... 11 B. Discard Plan for Demersal Fisheries ...... 11 6.1. Exemptions supported by scientific information already accepted and agreed upon ...... 11 6.1.2. High survivability exemption for Norway Lobster caught with bottom trawls fitted with a cod-end with a mesh size of at least 70 mm equipped with a species selective grid with a bar spacing of maximum 35 mm in ICES divisions 2a, 3a and ICES subarea 4 (Article 3(1) point b 2) of Regulation (EU) No 2019/2238, as amended by a, still to be published, Regulation (EU) No …/…) ...... 12 6.1.3. High survivability exemption for common sole below minimum conservation reference size with OTB and cod-end mesh size 80-99mm within six nautical miles of the coast but outside identified nursery areas in ICES division 4c (Article 4 of Regulation (EU) No 2019/2238) ...... 13 6.1.4. High survivability exemption for by-catch of all species subject to catch limits in pots and fyke nets in ICES division 3a and ICES subarea 4 (Article 5 of Regulation (EU) No 2019/2238) ...... 14 6.1.5. High survivability exemption for plaice caught with gill nets and trammel nets and Danish seines in ICES division 3a and ICES and subarea 4 (Article 6(1)(a) and Article 6(1)(b) of Regulation (EU) No 2019/2238) ...... 14 6.1.6. De minimis exemption for common sole in fisheries for common sole by vessels using trammel nets and gill nets in ICES divisions 2a, 3a and ICES subarea 4 (Article 10 point a) of Regulation (EU) No 2019/2238) ...... 15 6.1.7. De minimis exemption for common sole in fisheries for common sole by vessels using beam trawls (TBB) with mesh size 80-119 mm, equipped with a Flemish panel in ICES subarea 4 (Article 10 point b) of Regulation (EU) No 2019/2238) ...... 15 6.1.8. Combined de minimis exemption for common sole, haddock, whiting, cod, saithe and hake in fisheries for Norway lobster by vessels using bottom trawls with a species-selective grid in ICES division 3a (Article 10 point c) of Regulation (EU) No 2019/2238) ...... 16 6.1.9. Combined de minimis exemption for common sole, haddock, whiting, cod, plaice, saithe, herring, Norway pout, great silver smelt and blue whiting in fisheries for Northern prawn by vessels using bottom trawls with a species-selective grid in ICES division 3a (Article 10 point d) of Regulation (EU) No 2019/2238) ...... 16 6.1.10. Combined de minimis exemption for whiting and cod in mixed demersal fisheries by vessels using bottom trawls or seines (TR2) with a mesh size of 70-99 mm (TR2) caught with bottom trawls or seines in ICES division 4c (Article 10 point e) of Regulation (EU) No 2019/2238)...... 17 6.1.11. De minimis exemption for whiting in fisheries by vessels using bottom trawls with a mesh size of 90- 119 mm equipped with Seltra panel or bottom trawls with a mesh size equal or larger than 120 mm in ICES division 3a (Article 10 point g) of Regulation (EU) No 2019/2238) ...... 17 6.1.12. In the fisheries of Norway lobster a de minimis exemption for plaice below the minimum conservation reference size in fisheries by vessels using bottom trawls with a mesh size of 80-99 mm equipped with a SepNet in ICES subarea 4 (Article 10 point i) of Regulation (EU) No 2019/2238) ...... 18 6.1.13. De minimis exemption all species subject to catch limits in fisheries for brown shrimp by vessels using beam trawls in ICES division 4b and 4c. (Article 10 point j) of Regulation (EU) No 2019/2238) ...... 18 6.1.14 De minimis exemption request for ling (Molva molva) for vessels using bottom trawls (OTB, OTT and PTB) ≥120mm in the North Sea in ICES subarea 4. (Article 10 point …) of Regulation (EU) No 2019/2238 as amended by Regulation (EU) No 2020/….) (still to be published) ...... 19 6.2. Additional scientific information supporting existing exemptions ...... 20 6.2.1. High survivability exemption for plaice below the minimum conservation reference size caught with 80-119 mm beam trawl gears (BT2) in ICES subarea 4 (beam trawl - Article 7 of Regulation (EU) No 2019/2238) ...... 20 6.2.2. High survivability exemption for skates and rays caught by all fishing gears in the North Sea in ICES division 3a and ICES subarea 4 (Article 9 of Regulation (EU) No 2019/2238) ...... 31

6.3. Additional scientific information for extending to 2021-2023 provisionally applicable exemptions granted in 2020 ...... 35 6.3.1. High survivability exemption for Norway lobster caught with bottom trawls with a cod- end larger than 80mm or with a cod-end of at least 35 mm + species selective grid with bar spacing of maximum 19 mm in ICES divisions 2a, 3a and ICES subarea 4 (Article 3(1) point b) (1) and (b)(3) and Article 3(3)of Regulation (EU) No 2019/2238) ...... 35 6.3.2. High survivability exemption for plaice when targeting flatfish or round fish (Bottom trawls with a mesh size of at least 120mm) in ICES division 3a and ICES subarea 4 (Article 6(1) point c) and Article 6(4) of Regulation (EU) No 2019/2238) ...... 37 6.3.3. High survivability exemption for of plaice caught with trawls with a mesh size of at least 90-99 mm equipped with Seltra panel targeting flatfish or roundfish in ICES division 3a, — plaice caught with trawls with a mesh size of at least 80-99 mm targeting flatfish or roundfish in ICES subarea 4 (Article 6(2) and Article 6(4) of Regulation (EU) No 2019/2238)...... 40 6.3.4. High survivability exemption for plaice caught with mesh size 100-119 mm in ICES division 3a and ICES subarea 4 (this is a new request: this concerns an extension of mesh sizes in Article 6(2) of Regulation (EU) No 2019/2238) ...... 43 6.3.5. High survivability exemption for turbot caught with beam trawls (TBB) with a cod-end equal to or larger than 80mm in ICES subarea 4 (Article 8(1) and 8(2) of Regulation (EU) No 2019/2238) ...... 44 6.3.6. Combined de minimis exemption for whiting and cod below the minimum conservation reference size by vessels using bottom trawls (OTB, OTT, SDN, SSC )or seines with mesh size 70-99 mm (TR2) in ICES subarea 4a and 4b (Article 10 point f) of Regulation (EU) No 2019/2238) ...... 46 6.3.7. De minimis exemption for whiting below the minimum conservation reference size by vessels using beam trawls with mesh size 80-119mm in ICES subarea 4(Article 10 point h) of Regulation (EU) No 2019/2238) ...... 48 6.3.8. De minimis exemption for horse mackerel in the demersal mixed fisheries with bottom trawls with a mesh size between 80-99mm (TR2,BT2) in ICES subarea 4 (Article 10 point k) of Regulation (EU) No 2019/2238) ...... 52 6.3.9. De minimis exemption for mackerel in the demersal mixed fisheries with bottom trawls with mesh size between 80 and 99mm in ICES subarea 4 (Article 10 point l) of Regulation (EU) No 2019/2238) ...... 53 6.3.10. Combined de minimis exemption (1%) for sprat, sandeel, Norway pout and blue whiting of all species under the landing obligation caught in the demersal mixed fisheries with trawls in ICES division 3a and ICES subarea 4 (Article 10 point m) of Regulation (EU) No 2019/2238) ...... 55 6.3.11. De minimis exemption for ling in the demersal fishery for hake with longlines in ICES subarea 4 (Article 10 point n) of Regulation (EU) No 2019/2238) ...... 57 6.4. New requests ...... 58 6.4.1. High survivability exemption for plaice caught with mesh size 100-119 mm in ICES division 3a and ICES subarea 4 ...... 58 6.4.2 De minimis exemption for herring caught with vessels using bottom trawl and seine (OTB, OTT, PTB, TBB, SSC, SPR, SDN, SX, SV) with mesh size of 80-99mm in ICES subarea 4 ...... 59 C. Discard Plan for small pelagic fisheries and industrial fisheries ...... 60 7.1. Background ...... 60 7.2. Objectives and the scope of the discard plan ...... 60 7.2.1.Objectives ...... 60 7.2.2. Scope ...... 61 7.3. High Survivability and de minimis exemptions ...... 62 7.3.1. Exemptions supported by scientific information already accepted and agreed upon for the years 2018- 2019-2020, to be extended for the years 2021-2023 ...... 63 7.3.1.1. Survivability exemption for catches of mackerel and herring in the purse seine fisheries (art 2 of Regulation (EU) No 1395/2014) ...... 63 7.3.1.2. De minimis exemption for mackerel, horse mackerel, herring and whiting in the pelagic fishery carried out by pelagic trawlers up to 25 meters (art 3a of Regulation (EU) No 1395/2014) ...... 64 7.3.2. New request ...... 65 7.3.2.1.de minimis exemption for blue whiting caught by industrial pelagic trawlers in ICES subarea 4 .... 65 7.4. Documentation of catches under the exemptions (art 4 of Regulation (EU) No 1395/2014)...... 66

Introduction: This Joint recommendation of the Scheveningen Group establishes a Discard Plan for Demersal Fisheries in the North Sea and a Discard Plan for small Pelagic Fisheries and industrial fisheries in the North Sea for the period 2021-2023. It consists of three parts:

A. Generalities (point 1 to 5)

B. Discard Plan for Demersal Fisheries (point 6)

C. Discard Plan for small Pelagic Fisheries and industrial fisheries (point 7)

A. Generalities

1. Background 1.1. Legal background

One of the main elements of the reform of the Common Fisheries Policy (CFP), introduced by Regulation (EU) No. 1380/2013 (the “Basic Regulation”), is the introduction of a full landing obligation as from 1 January 2019. Article 15(5) of the Basic Regulation provides that details on the implementation of the landing obligation are specified in multiannual plans referred to in Article 9 and 10 of that Regulation and this in accordance with the rules for regional cooperation on conservation measures set out in Article 18.

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

According to Article 14 of the North Sea MAP Scheveningen Group, having a direct management interest may submit a Joint Recommendation (JR) for discard plans. These have to contain details on the implementation of the landing obligation. Upon agreeing a Joint Recommendation, the Scheveningen Group may propose to the Commission to transpose them into a Delegated Act.

Regulation (EU) No. 2019/1241 (Technical Measures Regulation) establishes technical measures for the conservation of fisheries resources and the protection of marine ecosystems. It establishes in its Article 15 and corresponding annexes technical measures at regional level. It equally empowers the Commission to adopt

delegated acts in order to amend, supplement, repeal or derogate from those technical measures. These delegated acts shall be adopted on the basis of a Joint Recommendation submitted by the Scheveningen Group, in accordance with Article 18 of Regulation (EU) No 1380/2013. Such Joint Recommendations may be submitted for the purpose of adopting the measures in relation to size-selective and species-selective characteristics of gear, closure or restriction of access to certain areas to protect juveniles and spawning aggregations, adopting measures concerning the minimum conservation reference sizes, to the creation of real-time closures with the aim of ensuring the protection of sensitive species or of aggregations of juveniles, spawning fish or shellfish species, in relation to the use of innovative fishing gear, in relation to the protection of sensitive species and habitats and for the establishment of technical measures in temporary discard plans.

The Commission is empowered to adopt Delegated Acts concerning specific provisions regarding fisheries or species covered by the landing obligation, exemptions for high survivability and de minimis provisions on the documentation of catches and the fixing of minimum conservation reference sizes by virtue of Article 16 of the North Sea MAP, Articles 16-22 of the Technical Measures Regulation and in accordance with Article 18 of the Basic Regulation.

Currently, details for implementing the landing obligation for certain demersal fisheries in the North Sea are laid down in Commission Delegated Regulation (EU) No. 2019/2238 of 1 October 2019 specifying details of implementation of the landing obligation for certain demersal fisheries in the North Sea for the period 2020-2021. Details for implementing the landing obligation for pelagic species in the North Sea are currently laid down in Commission Delegated Regulation (EU) No. 1395/2014 of 20 October 2014 establishing a discard plan for certain small pelagic fisheries and fisheries for industrial purposes in the North Sea. The pelagic discard plan expires on 31 December 2020. Both Regulations also contain technical measures in demersal and in pelagic fisheries respectively. Members of the Scheveningen Group hereby recommend to integrate these technical measures in a separate Delegated Act to be adopted on basis of Regulation (EU) No. 2019/1241. Those technical measures will be the subject of a separate Joint Recommendation which will also be submitted to the Commission on the first of May 2020. In order to ensure a smooth transition, both Delegated Regulations (the one with the exemptions and the one with the technical measures) should apply from the first of January 2020 on.

On the basis of the authority granted to the European Commission by Article 15(6) and 18(1) of the Basic Regulation and Article 11 and 14 of the North Sea MAP to adopt discard plans by means of delegated acts, the Scheveningen Group hereby submit a Joint Recommendation for the replacement of the Commission Delegated Regulation (EU) No. 2019/2238, and the replacement of the Commission Delegated Regulation (EU) No. 1395/2014. It is recommended to merge both the demersal discard plan and the pelagic discard plan into one delegated act with a global discard plan for the North Sea with a validity period of three years, i.e. for the period 2021 to

2023. The Scheveningen Group is convinced that a longer period would, among other things, gives the Group sufficient time to adequately answer possible STECF comments.

This Joint Recommendation concerns the specification of details on the implementation of the landing obligation for demersal species in the North Sea for the period 2021 to 2023, replacing Regulation (EU) No. 2019/2238. It equally concerns details on the implementation of the landing obligation for pelagic species in the North Sea for the period 2021 to 2023, replacing Regulation (EU) No. 1395/2014.

1.2. Scheveningen High-Level Group

Following Article 18 of the Basic Regulation, the Fisheries Directors of the North Sea Member States cooperating in the Scheveningen Group since 2004, established a High Level Group (HLG) in December 2013 and agreed on a Memorandum of Understanding setting out the principles and working methods of the Group. Members of the Group are Belgium, Denmark, France, Germany, the Netherlands, and Sweden. The United Kingdom participated until 31 January 2020, the date of withdrawal of the UK from the EU. An annual chair, with Belgium chairing from 1 January 2020 to 31 December 2020, chairs the group. The HLG is assisted by a technical group and a control group for discussions of control related issues in the North Sea.

1.3. Consultation with relevant Advisory Councils

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

There has been regular and detailed engagement between the Scheveningen group, the North Sea Advisory Council (NSAC) and the Pelagic Advisory Council (PELAC) throughout the development of the Joint Recommendation. In order to have a continuous consultation during the process, the NSAC and PELAC have been invited to attend, in part, where physically possible, meetings of the Scheveningen High Level Group and the Technical Group or as an alternative to participate in written.

On the 17th of March 2020, the Chair of the Scheveningen group received a letter from the Pelagic Advisory Council with recommendations on the amendment of the pelagic discard plan in the North Sea. In this letter, the PELAC wanted to reiterate some previously agreed concerns:

• the creation of a horizontal PELAC subgroup dealing with widely distributed stocks; • the introduction of a de minimis exemption for landings of the catches of RSW vessels;

• a monitoring system for the use of the de minimis exemption; • to clarify the definition of “high risk vessel”.

The PELAC also suggests to have a ‘roll over’ of the current de minimis exemptions in the new discard plan and also to include control elements of the de minimis exemptions.

The Scheveningen Group took note of these recommendations, especially of the wish of the PELAC for a ‘roll over’ of the current de minimis exemptions in the existing pelagic discard plan that expires on 31 December 2020.

On the 30th of March 2020 a draft of the Joint Recommendation was sent to NSAC for consultation. The NSAC reached a common position on an advice and comments on “the implementation of the landing obligation in the North Sea demersal and pelagic fisheries – Joint Recommendation for a delegated act for 2021.” The NSAC wrote on 17th April a letter to the Scheveningen Group (Ref.10-1920). In the response to the discard plan, the focus was laid on the NSAC views and priorities, rather than detailed comments on the draft JR. The NSAC presented the following comments:

• There should also be an exemption for plaice caught in trawls with mesh sizes between 100mm and 120mm. At the moment this exemption exists already for plaice caught in trawls with mesh sizes below 100mm or above 120mm. The Scheveningen Group agrees with the NSAC and has taken this exemption on board (see point 6.3.4). • The Scheveningen Group should consider the inclusion of a de minimis exemption for herring caught with demersal vessels using bottom trawls and seine with a mesh seize of 80-99mm in subarea 4. • The importance of robust documentation of the need of exemptions was highlighted and the NSAC recognized the challenges by the requirements to provide additional supporting information to continue certain exemptions.

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

1.4. Previously submitted Joint Recommendations

For the purpose of detailed rules implementing the landing obligation, the Member States of the North Sea (Scheveningen Group) submitted on 29 May 2019 a Joint Recommendation for the years 2020 and 2021 for the demersal fisheries in the North Sea. This Joint Recommendation was revised 3 times before final adoption by the EC: 24 July 2019, 1 August 2019 and 7 August 2019.

Details of implementation of the landing obligation for certain demersal fisheries in the North Sea were set out in Commission Delegated Regulation (EU) 2019/2238 of 1 October 2019 (the “North Sea discard plan”) for the period between 2019-2021.

Besides, there was an amendment (dated 8 November 2019) concerning the high survival exemption for Norway lobster and the continuation of the de minimis exemption for ling (transmitted to the Commission on 17 December 2019). The North Sea discard plan Regulation (EU) No 2018/2035, Article 9 (k)) provided an exemption from the landing obligation for ling below minimum conservation reference sizes caught in the demersal fisheries by vessels using bottom trawls (OTB, OTT, PTB) with a mesh size equal to or greater than 120 mm in ICES subarea 4. The exemption was granted for the duration of the discard plan, i.e. 2019-2021. By mistake, this exemption was not carried forward in the Delegated Act of the North Sea discard plan for 2020-2021 replacing the Commission’s Delegated Act 2018/2035.

Concerning small pelagic fisheries and fisheries for industrial purposes in the North Sea, details of implementation of the landing obligation for the period 2015-2020 were set out by Regulation (EU) No 1395/2014, amended twice, respectively by Regulation (EU) No. 2017/1393 and by Regulation (EU) No. 2018/189. The pelagic discard plan expires on 31/12/2020 and should therefore be replaced by a new one.

1.5. Extent of discarding in North Sea Demersal Fisheries

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

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

With regard to the recording of catches, the introduction of the code DIM allows the separate recording of discards under de minimis exemptions. However, serious compliance concerns remain, as infringements are extremely difficult to prove. It is therefore very likely that certain discards continue to occur but they vary between

species, fisheries and over time. However, whilst considering possible limitations, the available data has allowed the development of this JR.

1.6. Pelagic fisheries

The Joint Recommendations of 2014 and later for pelagic and industrial fisheries were taken as the basis for a new draft recommendation for both the industrial and pelagic fisheries.

The discard plan was initially laid down for three years (2015-2016-2017) by Commission delegated Regulation (EU) No. 1395/2014 of 20 October 2014 establishing a discard plan for certain small pelagic fisheries and fisheries for industrial purposes in the North Sea. It has been amended in 2017 introducing technical measures for sprat fisheries in an area along the Danish North Sea coast (Regulation (EU) No 2017/1393). It has been extended for three more years (2018- 2019-2020) on the basis of Regulation (EU) No 2018/189.

Regulation (EU) No 2018/189 comes to an end on 31/12/2020 and needs therefore to be renewed. It seemed an opportunity to lay down a general discard plan for demersal and pelagic fisheries.

2. Objectives and scope of the discard plan 2.1. Objectives

The discard plan contains provisions for each of the specifications referred to in Article 11 of the North Sea MAP in conjunction with Article 15(5) of the Basic Regulation.

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

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

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

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

In a joint letter to the Commission (December 2019), signed by the NWW, SWW and North Sea regional group, the groups acknowledged that there were time constraints in 2019 due to the Commission’s end of term, with as a consequence that the working

process for establishing the Joint Recommendation through the summer was very stressful and unsatisfactory for all parties.

Although the regional groups indicated in that letter the difficulty to measure up to the new proposed deadline of the 1 May 2020 for submitting a new Joint Recommendation, the Scheveningen Group agrees that all necessary steps must be taken to avoid that the same process as in the last two years will happen again during the preparation of the new JR.

Based on lessons learned, the joint efforts of the regional groups and the Commission should ensure even better cooperation in implementing the landing obligation.

2.2. Scope

This JR will apply, unless otherwise stated, to demersal fisheries and small pelagic and industrial fisheries subject to catch limits in the North Sea as defined in Article 1(1) of Regulation (EU) No 2018/973 (establishing a multiannual plan for demersal stocks in the North Sea), comprising Union waters of ICES divisions 2a, 3a and ICES subarea 4.

This JR will apply to all fishing vessels engaged in the specified demersal and pelagic fisheries in the North Sea without prejudice to rules applicable outside the aforementioned Union waters under Member State jurisdiction, i.e. without prejudice to rules applicable to waters under jurisdiction of third countries.

3. Implementation of the landing obligation

In accordance with Article 15(1) (a) and (c) of the Basic Regulation, the Member States of the Scheveningen Group are committed to the full application of the landing obligation for pelagic fisheries and for fisheries for industrial purposes and for demersal and deep-sea fisheries in the North Sea.

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

The obligation to land all catches shall not apply in cases for which a specific exemption is recommended as detailed in Part B or part C of this Joint Recommendation.

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

The Scheveningen Group recognises the continued importance of addressing the challenges of choke species in 2021-2023 and further on. The Group agrees on the importance of Member States working collaboratively and with the European

Commission and the Advisory Councils on a variety of measures. This includes exploring with the European Commission solutions not currently available to Member States.

4. Exemptions

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

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

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

In the North Sea discard plan for demersal species for the period 2020-2021 a number of exemptions from the landing obligation were granted for the whole duration of the Delegated Regulation, thus 2021 included. These exemptions are again submitted based on earlier supporting scientific information which was already agreed upon by STECF and accepted as a basis for the granting of the exemption for the whole period until 2021. Other exemptions were granted until 2021 but required Member States having a direct management interest to submit every year additional scientific information supporting the exemption in order for STECF to assess the provided scientific information. Yet other exemptions were limited to 2020. These exemptions are resubmitted with supporting scientific information. Finally, the Scheveningen Group has also identified a new request for an exemption from the landing obligation for demersal species, which the Scheveningen Group submits to the Commission.

The North Sea discard plan for small pelagic fisheries and fisheries for industrial purposes is almost a continuation of the existing discard plan for the period 2018- 2019-2020. Nevertheless, the Scheveningen Group has identified a new request for an exemption from the landing obligation for pelagic species, which the Scheveningen Group submit to the Commission.

All proposed exemptions in both discard plans are proposed for the period 2021- 2023. The Scheveningen Group proposes to take them on board in one single

delegated act and to take technical measures on board of a separate delegated act based on the Technical Regulation (Regulation (EU) No 2019/1241). Later on, the definitions of directed fisheries will be laid down in a 3rd delegated act.

The Scheveningen Group is facing to iterative and increasing requests for information and data related to approved or extended fisheries specific exemptions from the landing obligation. Such increasing requests are deemed to facilitate both the presentation and the review of the exemptions covering various fisheries and species. However, the Scheveningen Group notes that such requests add a substantial additional workload to the already heavy work programmes of national research institutes. If such requests were to become a permanent feature in the preparation of future discard plans, additional financial resources should be considered in the framework of the Data Collection Framework. Additionally, in such a case and with a view to ease the work of the scientists in this respect, ways to facilitate the access of scientists to fisheries related data should be reflected upon. In some cases, the general knowledge of the fisheries in the North Sea and common sense should be considered when evaluating the exemptions requested.

The Scheveningen Group emphasises the need for further developments regarding selectivity and survivability facilitating the continued development of selective gears and fisheries.

5. Adaptation of the Joint Recommendation

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

B. Discard Plan for Demersal Fisheries 6.1. Exemptions supported by scientific information already accepted and agreed upon

Under this chapter, five high survivability exemptions and nine de minimis exemptions already agreed upon and granted for the year 2020 and 2021 by respectively Article 3(1) point a), Article 3(1) (b) (2) (after publication of the amending delegated act), Article 4, Article 5 and Article 6(1) points a) and b) (high survivability exemptions) and by art 10 points a), b), c), d), e), g), i), j) and o) (after publication of the amending delegated act) (de minimis exemptions) of delegated Regulation (EU) No 2019/2238,

are mentioned. The Scheveningen Group hereby request the Commission to include them unchanged -except when otherwise mentioned- in the delegated act concerning the discard plan in the North Sea for 2021-2023, to be adopted in the second half of 2020.

Article 3(4) and article 6(4) of Regulation (EU) No 2019/2238 will be adapted and under article 10, a new point o) will be added to Regulation (EU) No 2019/2238 by an upcoming amending delegated act

6.1.1. High survivability exemption for Norway Lobster caught with pots in ICES division 3a and ICES subarea 4 (Article 3(1) point a) of Regulation (EU) No. 2019/2238)

This point concerns a survivability exemption, as provided for by Article 15(4)(b) of Regulation (EU) No 1380/2013, for catches of Norway lobster made with pots in ICES division 3a and ICES subarea 4, based on the scientific evidence which demonstrated high discard survival rates. That evidence was evaluated in previous years and the STECF concluded in its 49th plenary meeting report (PLEN-15-02) that the evidence was sufficient.

This exemption is already accepted for the year 2021 on basis of Article 3(1) point a) of Regulation (EU) No 2019/2238. Considering that the circumstances have not changed, that exemption should continue to apply in 2021-2023.

6.1.2. High survivability exemption for Norway Lobster caught with bottom trawls fitted with a cod-end with a mesh size of at least 70 mm equipped with a species selective grid with a bar spacing of maximum 35 mm in ICES divisions 2a, 3a and ICES subarea 4 (Article 3(1) point b 2) of Regulation (EU) No 2019/2238, as amended by a, still to be published, Regulation (EU) No …/…) This point concerns a survivability exemption, as provided for by Article 15(4)(b) of Regulation (EU) No 1380/2013, for catches of Norway lobster made with bottom trawls fitted with a cod-end with a mesh size of at least 70 mm equipped with a species selective grid with a bar spacing of maximum 35 mm in ICES divisions 2a, 3a and ICES subarea 4, based on the scientific evidence which demonstrated high discard survival rates.

The Scheveningen Group provided updated scientific evidence in 2018 in order to demonstrate survival rates for Norway lobster caught with bottom trawls fitted with a cod-end of at least 70 mm and equipped with specific selectivity devices1. STECF

1 https://stecf.jrc.ec.europa.eu/documents/43805/2147402/STECF+PLEN+18-02.pdf

pointed out that the supporting scientific information was based on a robust approach and therefore this exemption was granted until 31 December 2021.

This exemption is already accepted for the year 2021 on basis of Article 3(1) point b) 2) of Regulation (EU) No 2019/2238.

Article 3(3) of Regulation (EU) No 2019/2238 will be adapted by an upcoming amending delegated act which makes that after this correction being made, Article 3(1) point b 2) will apply until 31 December 2021. This means that the high survivability exemption for Norway Lobster caught with bottom trawls fitted with a cod- end with a mesh size of at least 70 mm equipped with a species selective grid with a bar spacing of maximum 35 mm in ICES divisions 2a, 3a and ICES subarea 4, will also apply in 2021.

The members of the Scheveningen Group refer to the Joint Recommendation of 8 November 2019, transmitted to the Commission on 17 December 2019 where a correction in article 3(3) of Regulation (EU) No 2019/2238 (related to Article 3(1) point b) 2)) was recommended.

This correction that is still to be published in an upcoming amending delegated act, shall thus be carried over to the discard plan applicable for the period 2021 – 2023. Considering that the circumstances have not changed, that exemption should continue to apply in 2021-2023.

6.1.3. High survivability exemption for common sole below minimum conservation reference size with OTB and cod-end mesh size 80-99mm within six nautical miles of the coast but outside identified nursery areas in ICES division 4c (Article 4 of Regulation (EU) No 2019/2238) This point concerns a survivability exemption as provided for by Article 15(4)(b) of Regulation (EU) No 1380/2013 for common sole below minimum conservation reference size caught by trawls within six nautical miles of the coast but outside identified nursery areas. It concerns catches of common sole (Solea solea) below the minimum conservation reference size, made using otter trawls (OTB) with a cod-end mesh size of 80-99 mm in ICES division 4c. Scientific evidence demonstrated high discard survival rates. That evidence was evaluated in previous years and the STECF concluded in its 49th plenary meeting report (PLEN-15-02) that the evidence was sufficient. The STECF pointed out in its 58th plenary meeting report (PLEN-18-02) that no new information on the location of nursery area was provided.

This exemption is already accepted for the year 2021 on basis of Article 4 of Regulation (EU) No 2019/2238.

Considering that the circumstances have not changed and since currently there are no identified nursery areas, the exemption should continue to apply in 2021-2023 and may be included in the delegated regulation for 2021-2023, but the Scheveningen Group commit to submit the relevant information as soon as such areas are identified.

6.1.4. High survivability exemption for by-catch of all species subject to catch limits in pots and fyke nets in ICES division 3a and ICES subarea 4 (Article 5 of Regulation (EU) No 2019/2238)

This point concerns a survivability exemption as provided for by Article 15(4)(b) of Regulation (EU) No 1380/2013 for the by-catch of species subject to catch limits in the fishery carried out with pots and fyke nets in ICES division 3a and ICES subarea 4, based on the scientific evidence which demonstrated high discard survival rates. That evidence was evaluated in previous years and the STECF concluded in its 55th plenary meeting report (PLEN-17-02) that the available data indicates that mortality of discarded fish is likely to be low, and that the actual catches in the fishery are negligible.

This exemption is already accepted for the year 2021 on basis of Article 5 of Regulation (EU) No 2019/2238.

Since the catches are not significant and considering that the circumstances have not changed, the exemption should continue to apply for 2021-2023.

6.1.5. High survivability exemption for plaice caught with gill nets and trammel nets and Danish seines in ICES division 3a and ICES and subarea 4 (Article 6(1)(a) and Article 6(1)(b) of Regulation (EU) No 2019/2238) This point concerns a survivability exemption as provided for by Article 15(4)(b) of Regulation (EU) No 1380/2013 for plaice in the fishery carried out with gill nets and trammel nets (GNS, GTR, GTN, GEN) in ICES division 3a and ICES and subarea 4. The Scheveningen Group provided scientific evidence in order to demonstrate high discard survival rates for plaice in that fishery. The evidence was submitted to the STECF which concluded in its 58th plenary meeting report (PLEN-18-02) that reasonable information was provided showing the considerably high survivability. That exemption should therefore be continued and be included in the Regulation for 2021-2023.

This point also concerns a survivability exemption as provided for by Article 15(4)(b) of Regulation (EU) No 1380/2013 for plaice in the fishery carried out with Danish seines in ICES division 3a and ICES subarea 4. The Scheveningen Group provided scientific evidence in order to demonstrate high discard survival rates for plaice in that fishery. The evidence was submitted to the STECF which concluded in its 58th plenary meeting report (PLEN-18-02) that the data of the study on the survival rates are reliable, albeit additional measures could be used in order to enhance survivability, as the decrease of survivability is significant if the sorting time of the plaice is longer than 30 minutes. Considering that the circumstances have not changed, that exemption should continue to apply in 2021-2023. That exemption should therefore be continued and be included in this Regulation for 2021-2023.

Those exemptions are already accepted for the year 2021 on basis of Article 6(1) point a) and b) of Regulation (EU) No 2019/2238. The documentation is resubmitted in annex 6.1.5.a. and 6.1.5.b.

6.1.6. De minimis exemption for common sole in fisheries for common sole by vessels using trammel nets and gill nets in ICES divisions 2a, 3a and ICES subarea 4 (Article 10 point a) of Regulation (EU) No 2019/2238) This point concerns a de minimis exemption as provided for by Article 15(4)(c) of Regulation (EU) No 1380/2013 for common sole caught with trammel nets and gill nets in ICES divisions 2a, 3a and ICES subarea 4.

For this de minimis exemption, the Scheveningen Group already provided supporting scientific evidence. The STECF in its 49th plenary meeting report (PLEN-15-02) reviewed that evidence and concluded in its 58th plenary meeting report (PLEN-18- 02) that the documents submitted by the Scheveningen Group contained reasoned arguments demonstrating that further improvements in selectivity are difficult to achieve or imply disproportionate costs in handling unwanted catches.

This exemption is already accepted for the year 2021 on basis of Article 10 point a) of Regulation (EU) No 2019/2238.

Considering that the circumstances have not changed, it is appropriate to continue this de minimis exemption for 2021-2023.

6.1.7. De minimis exemption for common sole in fisheries for common sole by vessels using beam trawls (TBB) with mesh size 80-119 mm, equipped with a Flemish panel in ICES subarea 4 (Article 10 point b) of Regulation (EU) No 2019/2238) This point concerns a de minimis exemption for common sole below the minimum conservation reference size, caught with beam trawls (TBB) of mesh size 80-119 mm equipped with a Flemish panel in ICES subarea 4.

For this de minimis exemption the Scheveningen Group already provided supporting scientific evidence. The STECF in its 49th plenary meeting report (PLEN-15-02) reviewed that evidence and concluded in its 58th plenary meeting report (PLEN-18- 02) that the documents submitted by the Scheveningen Group contained reasoned arguments demonstrating that further improvements in selectivity are difficult to achieve or imply disproportionate costs in handling unwanted catches.

By way of derogation from article 15(1) of Regulation (EU) No 1380/2013, a de minimis quantity of 5% of the total annual catches may be discarded. This exemption is already accepted for the year 2021 on basis of Article 10 point b) of Regulation (EU) No 2019/2238.

Considering that the circumstances have not changed, it is appropriate to continue this de minimis exemption for 2021-2023.

6.1.8. Combined de minimis exemption for common sole, haddock, whiting, cod, saithe and hake in fisheries for Norway lobster by vessels using bottom trawls with a species-selective grid in ICES division 3a (Article 10 point c) of Regulation (EU) No 2019/2238) This point concerns a de minimis exemption for combined catches of common sole, haddock, whiting, cod, saithe and hake below the minimum conservation size in the fisheries for Norway lobster by vessels using bottom trawls (OTB, OTT, TBN) with a mesh size equal to or larger than 70 mm equipped with a species-selective grid with a bar spacing of maximum 35 mm in ICES division 3a.

This exemption is already accepted for the year 2021 on basis of Article 10 point c) of Regulation (EU) No 2019/2238.

Considering that the circumstances have not changed, it is appropriate to continue this de minimis exemption for 2021-2023.

6.1.9. Combined de minimis exemption for common sole, haddock, whiting, cod, plaice, saithe, herring, Norway pout, great silver smelt and blue whiting in fisheries for Northern prawn by vessels using bottom trawls with a species-selective grid in ICES division 3a (Article 10 point d) of Regulation (EU) No 2019/2238) This point concerns a de minimis exemption for combined catches below MCRS for common sole, haddock, whiting, cod, saithe, plaice, herring as well as for catches for Norway pout, greater silver smelt (Argentina spp.) and blue whiting in the fishery for Northern prawn by vessels using bottom trawls (OTB, OTT) with a mesh size equal to or larger than 35 mm equipped with a species-selective grid with a bar spacing of maximum 19 mm, and with unblocked fish outlet, in the Union waters of ICES division 3a.

For the above named species that does not have an MCRS (Norway pout, great silver smelt, blue whiting) exemptions apply to all sizes.

02) that the documents submitted by the Scheveningen Group contained reasoned arguments demonstrating that further improvements in selectivity are difficult to achieve or imply disproportionate costs in handling unwanted catches.

This exemption is already accepted for the year 2021 on basis of Article 10 point d) of Regulation (EU) No 2019/2238.

Considering that the circumstances have not changed, it is appropriate to continue this de minimis exemption for 2021-2023.

6.1.10. Combined de minimis exemption for whiting and cod in mixed demersal fisheries by vessels using bottom trawls or seines (TR2) with a mesh size of 70-99 mm (TR2) caught with bottom trawls or seines in ICES division 4c (Article 10 point e) of Regulation (EU) No 2019/2238) This point concerns a de minimis exemptions for whiting and cod below the minimum conservation reference size in mixed demersal fisheries by vessels using bottom trawls or seines with a mesh size of 70-99 mm (TR2) in ICES division 4c.

This exemption is already accepted for the year 2021 on basis of Article 10 point e) of Regulation (EU) No. 2019/2238.

Considering that the circumstances have not changed, it is appropriate to continue this de minimis exemption for 2021-2023.

6.1.11. De minimis exemption for whiting in fisheries by vessels using bottom trawls with a mesh size of 90-119 mm equipped with Seltra panel or bottom trawls with a mesh size equal or larger than 120 mm in ICES division 3a (Article 10 point g) of Regulation (EU) No 2019/2238) This point concerns a de minimis exemption for whiting below the minimum conservation reference size in fisheries with bottom trawls with a mesh size of 90-119 mm equipped with Seltra panel or bottom trawls with a mesh size equal or larger than 120 mm in ICES division 3a. Two different kinds of Seltra panels are allowed in 3a, and the exemption applies to both.

arguments demonstrating that further improvements in selectivity are difficult to achieve or imply disproportionate costs in handling unwanted catches.

This exemption is already accepted for the year 2021 on basis of Article 10 point g) of Regulation (EU) No. 2019/2238.

Considering that the circumstances have not changed, it is appropriate to continue this de minimis exemption for 2021-2023.

6.1.12. In the fisheries of Norway lobster a de minimis exemption for plaice below the minimum conservation reference size in fisheries by vessels using bottom trawls with a mesh size of 80-99 mm equipped with a SepNet in ICES subarea 4 (Article 10 point i) of Regulation (EU) No 2019/2238) This point concerns a de minimis exemption for plaice below the minimum conservation reference size in the fisheries for Norway lobster caught with bottom trawls with a mesh size of 80-99 mm equipped with a SepNet in ICES subarea 4.

This exemption is already accepted for the year 2021 on basis of Article 10 point i) of Regulation (EU) No 2019/2238.

Considering that the circumstances have not changed, it is appropriate to continue this de minimis exemption for 2021-2023.

6.1.13. De minimis exemption all species subject to catch limits in fisheries for brown shrimp by vessels using beam trawls in ICES division 4b and 4c. (Article 10 point j) of Regulation (EU) No 2019/2238)

This point concerns a de minimis exemption for all species subject to catch limits in the fisheries for brown shrimp caught with beam trawls in ICES divisions 4b and 4c.

This exemption is already accepted for the year 2021 on the basis of Article 10 point j) of Regulation (EU) No 2019/2238. In application of Article 15(5)(c)(ii) the allowed discard percentage should be 6% in 2021 and 2022 and 5% in 2023.

Considering that the circumstances have not changed, it is appropriate to continue this de minimis exemption for 2021-2023.

6.1.14 De minimis exemption request for ling (Molva molva) for vessels using bottom trawls (OTB, OTT and PTB) ≥120mm in the North Sea in ICES subarea 4. (Article 10 point …) of Regulation (EU) No 2019/2238 as amended by Regulation (EU) No 2020/….) (still to be published) This point concerns a de minimis exemptions for ling (Molva molva) for vessels using bottom trawls (OTB, OTT and PTB) with a mesh size equal to or greater than 120 mm in the North Sea in ICES subarea 4.

The North Sea discard plan Regulation (EU) No. 2018/2035, Article 9(k) provides for an exemption from the landing obligation for ling below minimum conservation reference sizes caught in the demersal fisheries by vessels using bottom trawls (OTB, OTT, PTB) with a mesh size equal to or greater than 120 mm in ICES subarea 4.

This exemption was granted for the duration of the discard plan, i.e. 2019-2021, see Article 12 in the Delegated Act Regulation (EU) No 2018/2035.

By mistake, this exemption was not carried forward in the delegated Act for a North Sea discard plan for 2020-2021 replacing the Regulation (EU) No 2018/2035. In fact, this point was forgotten in Regulation (EU) No 2019/2238.

The scientific evidence underpinning the exemption can be found in Annex V to the Joint Recommendation submitted in May 2018, see annex C to that Joint Recommendation.

As the STECF already evaluated this exemption in 2018 and the exemption was granted for three years on this basis, further evaluation is not needed.

This exemption is accepted for the year 2021 on basis of Article 10 point … of Regulation (EU) No 2019/2238 as amended by Regulation (EU) No 2020/…. (This amending Regulation is still to be published).

Considering that the circumstances have not changed, it is appropriate to continue this de minimis exemption for 2021-2023.

6.2. Additional scientific information supporting existing exemptions

By Article 7 and 9 of Delegated Act (EU) No. 2019/2238, two high survival exemptions -one for plaice below the minimum conservation reference size and one for skates and rays- were granted for the years 2020 and 2021 on the condition that the Scheveningen Group having a direct interest in fisheries concerned, submit every year additional scientific information supporting these exemptions. Under this chapter, additional scientific information is submitted and the Scheveningen Group hereby request the Commission to validate the continuation of those exemptions by including them unchanged -except when otherwise mentioned- in the delegated act concerning the discard plan in the North Sea for 2021-2023, to be adopted in the second half of 2020. Under this chapter, additional scientific information is submitted and the Scheveningen Group hereby request the Commission to validate the continuation of those exemptions by including them unchanged -except when otherwise mentioned- in the delegated act concerning the discard plan in the North Sea for 2021-2023, to be adopted in the second half of 2020.

6.2.1. High survivability exemption for plaice below the minimum conservation reference size caught with 80-119 mm beam trawl gears (BT2) in ICES subarea 4 (beam trawl - Article 7 of Regulation (EU) No 2019/2238)

This point concerns a survivability exemption as provided for by Article 15(4)(b) of Regulation (EU) No 1380/2013 for catches of plaice below the minimum conservation reference size caught with 80-119 mm beam trawl gears (BT2) in ICES subarea 4 for the period until 31.12.2021. This exemption is included in the delegated act in article 7 of Regulation (EU) No. 2019/2238.

This exemption is already accepted for the period 2019-2021 on basis of Article 7 of Regulation (EU) No 2019/2238 on condition that Member States concerned submit by 1 May 2020:

(a) a roadmap developed in order to increase survivability and to fill in the data gaps identified by the STECF,

(b) report on the progress and any modifications or adjustments made to the survivability programs.

The regional group requests that the exemption shall be continued for 2021-2023. The exemption on the basis of high survivability will apply:

- for plaice below MCRS caught by 80-119 mm beam trawl gears (BT2) in ICES subarea 4 for the years 2021 to 2023 by using the flip-up rope or Benthos release panel (BRP) for vessels with an engine power of more than 221 kW; or

- for plaice below MCRS caught by 80-119 mm beam trawl gears (BT2) in ICES subarea 4 for the years 2021 to 2023 of vessels, of those Member States that are implementing the roadmap for Fully Documented Fisheries; or

- for flatfish for the years 2021 to 2023 caught by BT2 vessels, with an engine power of not more than 221kw or less than 24m in length overall, which are constructed to fish in the twelve miles zone, if the average trawl duration is less than ninety minutes.

Below the state of play is presented including the requested roadmap and progress report. The work that is currently ongoing by Belgium and the Netherlands builds on the work that has been done in previous years and which was extensively reported in the JR in 2019. Detailed reports on survivability and selectivity work are provided by Belgium and Netherlands in Annex 6.2.1a and 6.2.1b.

The content of this state of play is:

1. Updated fisheries description 2. Update on research on selectivity and survivability currently ongoing in the Netherlands and Belgium 2019-2021 3. Fully Documented Fisheries 2019-2021: state of play

1) Updated description of the fisheries

The North Sea flatfish fishery is a typical example of mixed demersal beam trawl fishery; catches include sole, plaice, turbot, and brill. Landings are dominated by plaice and sole, being considered to be the main target species. The stock condition is positive according to ICES (ICES, 2019)2.

The Belgian fishing fleet is a relatively small fleet with a total number of 68 active vessels (as of January 1st, 2020), but its activity is widespread with fishing in the North Sea and the English Channel as well as the Western Waters, the Irish Sea and the Bay of Biscay. The Dutch fleet that would make use of the exemption in the North Sea consists of around 100-120 vessels. The fisheries for sole and plaice takes place in the North Sea.

2 ICES Advice 2019 – ple.27.420 – https://doi.org/10.17895/ices.advice.5644

Table 1: Landings and discards all North Sea Member States in ICES subarea 4, 2014-2016 (STECF).

All 2014 2014 2015 2015 2016 2016 Avg. Avg Avg North landin discar landin discar landin discar Catch discar discar Sea gs ds gs ds gs ds es ds d rate Memb er 2014- 2014- States 2016 2016

Plaice 30595 25363 33716 56235 33775 30098 69927 37232 53%

Table 2: Estimates of landings, discard and catches of plaice from estimations 2017 and 2018 (Netherland and Belgium) for BT2 (TBB 70-99mm+100-119mm) gears in ICES subarea 4. For BE only for TBB_DEF_70-99. *Discard data is based on samples of observer trips.

Plaice 2017 2017 2017 2018 2018 2018 landings discards* catch landings discards* catch

BE PLE 1540 1508 3048 958 1033 1991

NL PLE 16714 23263 39977 12912 26138 39050

The economic impact of landing all bycatch of plaice is significant for the affected fleets. Studies show that the implementation of the landing obligation would result in an increase of work on board for the equivalent of 3,6 full time fishermen per trip. The onshore handling, sorting and additional logistic processes would increase the costs by €1600 per trip.

2) Update on research on selectivity and survivability currently ongoing in Belgium and the Netherlands

Belgium

1) Belgium implemented two survival/selectivity measures:

• From January 2016 all Belgian beam trawlers are obliged to use the ‘Flemish panel’, as mentioned in article 2(3) of Regulation (EU) No 2019/2238, to reduce retention of sole smaller than the MCRS. • From 1st January 2019 onwards, Belgian vessels with an engine power of more than 221 kW (large fleet segment) are obligated to use. o A flip-up rope rigged on top of the bobbin rope in the net opening to prevent stones and boulders entering the trawl; or o A benthos release panel, a square mesh panel inserted in the belly of the trawl, just in front of the Flemish panel, to release stones or debris from the trawl. Three commercial sea trips are scheduled in the second part of 2020 for catch comparison. In the same haul, there will be looked at the effect of flip-up/BRP used in one net of the beam trawl, compared to the other beam trawl net without a flip- up/BRP and for both nets, there will be a follow-up of fish for delayed mortality in ILVO lab. This under the condition of availability of suitable vessels to perform this kind of research. (remark: the planning of these trips are also depending of the further evolution of the Covid-19 situation).

2) There is an ongoing European Maritime & Fisheries Fund (EMFF)-funded research project (called “Combi-gear”) in Belgium which explores if recent technical

innovations could lead to an improved selectivity and the possible effects on the survival of plaice. This project was funded to facilitate the implementation of the Landing Obligation and is based on the co-operation with the industry. So far, the most promising modification includes a gear which is more selective for marketable plaice by using LED-lights.

3) ILVO has developed a three year (2019-2021) roadmap to gather additional survival data and to carry out further analyses on existing and new data, for plaice in the North Sea 4a & 7d and 7fg.

Netherlands In the Netherlands, four research projects have been granted from February 2019 onwards for two years:

• Reduction of bycatches of undersized plaice in beam trawl fisheries (BT2); • Increasing survivability of undersized plaice in beam trawl fisheries (BT2); • Improving the survivability of undersized plaice in beam trawl fisheries by using a closed cod end (BT2); • Implementation of the Fully Documented Fisheries Roadmap 2019-2021 (point 3).

These four projects have been grouped under one single research program in order to identify the most promising projects and start preparation and implementation of the projects that have most potential in parallel. In that way the funding and efforts a focused at the point where it is most effective.

Two of the BT2 innovations were foreseen to focus on improving selectivity, one was foreseen to focus on improving survivability of undersized fish, and one primarily survivability-oriented innovation.

It was decided during the first year of the project that a discrete separation between improvement of selectivity and improvement of survivability was not practical for the BT2-fishery innovations, because the designs put forward by fishermen to be developed and tested in the project could reasonably be expected to potentially benefit both goals.

The table below shows the results of the different ideas and innovations that have been discussed and evaluated up to 2020.

Table 3: Survivability and Selectivity Research 2019-2021 in the Netherlands

Work Time Description Deliverable Results in 2019 and 2020 package

WP 1 2019- Reporting, • The project team has met 2021 stakeholder at regular intervals General involvement, together with stakeholders cooperation and scientific research team. • Ongoing.

dissemination of results.

WP 2 2019: Scientific Delivering 1-2 State of Play Q2&Q3 institutes, viable ideas per Design phase fishermen, research area. The following designs were for innovative stakeholder Especially put forward but were not ideas and involvement, fundamental included in the project: designs, selection of research and • Fish basket Rigid basket potentially viable practical research akin to the Kiwi cod end ideas. into fish behavior which is currently being under water. developed as part of this project. WP 3 2020: Research Establish • Fish pump Pumping fish Q1-Q3 technical viability Technical viability from the trawl while fishing Trial and and effectiveness and indicative instead of hauling cod end development of selectivity and estimation of over deck and opening survival effectiveness of into the hopper, expected to result in improved measures. Scale potential survivability. This design models, designs, measures. was put forward but sampling, Selection of best deemed technically and simulations ideas and budgetarily too demanding designs. for the scope of this project by the project team. • Rubber ropes Reduction of seafloor impact expected to lead to improved survivability. This design obtained an alternative funding source and is currently being developed outside of the scope of this project. • Round heads Using water flow and pressure differences by bowl shaped rounded obtrusions to stimulate flatfish to leave the seafloor. The developers of this design decided to undertake early development privately. This design obtained an alternative funding source and is currently being developed outside of the scope of this project. The following designs are being developed within the project:

1. Brush footrope: Brush footrope perpendicular to the direction of travel,

aiming to separate sole from other species before entering the trawl. 2. Selection and escape panel Panel in the trawl to separate sole from the other species in the catch in combination with escape panel to give undersized fish the opportunity to escape. 3. Wing rakes: An alternative tickler constructed of wing shaped profiles to hold the rakes down at the sea floor by water pressure. 4. Rotating brush: An innovative construction of horizontal brushes to stimulate flatfish off the seafloor and create a water flow to force the fish into the trawl. 5. Kiwi cod end: Development of a prototype cod end with a low velocity waterflow tip to improve survival and better conditions to improve size and species selection.

The five project above are in various stages of development:

1) and 2) have been tentatively tested on board and this will continue in 2020.

3) Has been tested in a flume tank.

4) will be tested in a large tow tank.

5) design testing and optimalisation. Building on experiences in New Zealand.

WP 4 2021: 12 Research trips, Identify measures Still to take place in 2021. Q1 quantification of that have Measuring results, evaluation scientifically proven effect of

selected ideas under WP3.

WP 5 2021: Continued First validated Still to take place in 2021. Q 4 research trips, results (data) for Validation data analysis, the measure(s) reporting that was selected

3) Fully Documented Fisheries 2019-2021: state of play

Netherlands

The pilot project Fully Documented Fisheries aims to establish an automated system to estimate catch weight and composition as well as discard weight and composition.

This is done by placing cameras at the beginning and the end of the sorting belt and sensors on the winch to record the moment from which the fish is being hauled. In addition, research is conducted into appropriate hardware such as camera’s and installations. Also, software for registration, auto-recognition and algorithms for automated identification and registration are developed.

Key policy objectives that the FDF pilot project can facilitate:

• Exact insight into landing and discard amounts and composition, enhancing registration and data collection and fisheries management; • Lowering of the administrative burden and simplification of procedures on board, including possible cost-saving effects; • Underpin and enhance innovations and research such as automatic sorting or effects of gear trials and survivability and selectivity work. • Ensure transparency in the fisheries sector, increase stakeholder commitment and progress towards more sustainable fisheries.

The FDF project started in 2019 and is primarily funded through the European Maritime and Fisheries Fund (EMFF). Initially, the FDF-equipment hardware was installed on three vessels (June 2019). This included installing cameras, wiring cables across the deck, installing a sensor at the winch, installing a screen and ICT hardware at the bridge and installing wireless connections.

Up to the beginning of 2020, three additional vessels are fully equipped with FDF- equipment and participated in the pilot project. Additional vessels are foreseen to participate in the project in the future.

Practical experiences:

• Finding willing participants (the project is voluntary) is not easy as there is much opposition to the use of camera’s, even if it is for scientific purposes;

• Participation requires a great deal of additional attention of the skipper and the crew. For example, camera’s must be kept clean and the system has to be maintained. • The crew has to work harder because some hauls need to be sorted and counted in order to have comparative results with the camera recordings and automated registration. This takes time and is costly. • A hands-on project manager is needed to ensure that vessels, skippers and their crew are kept motivated and can ask questions. Additionally, the project manager solves problems, ensures correct installation and functioning of the equipment and ensures camera recordings are downloaded and analyzed. This needs to be done 24/7.

Overview results by Work Package:

Table 4: Fully Documented Fisheries 2019-2021

Work Time Description Deliverable Results in 2019 package WP A 2019: Define catch Aim of WP A is to 1) Six vessels have been Q2-Q4 composition develop Electronic contracted to participate Monitoring capability to 2) On six vessels FDF sample catch equipment has been composition, percentage installed of catch below and 3) Trainings have taken place above minimum to instruct users to use the conservation reference video imaging equipment size (MCRS) by species and software. and total catch, landing 4) Video review has taken and discard weight place, Including registration. development of a protocol and workplan for video review. Set up computer hardware and software. Analysis has taken place on 34 trips and 147 hauls (December 2019). 5) Vessels participate for 6 hauls per trip, up to 200 hauls per year. A protocol was developed, fishermen have been instructed accordingly. For each documented haul, the catch of four species is sorted and counted, both below and above MCRS. 6) 2 observer trips have taken place in 2019. These provide an additional reference of registration to the catch data by camera’s and by the self sampling by fishermen. These observer trips are costly and very time consuming.

7) Data analysis for EM efficiency: statistical comparison between EM registration of total catches per haul and on-board observers and fishermen's catch records. Analysis of the video images is performed in relatively short time frames to ensure a quick feedback of the results to the participating fishermen can be achieved. First results of 2019 are upcoming (April 2020). 8) Server is up and running and each week the relevant footage is uploaded to the server. WP B 2019 Define catch Include automated catch 1) Developing a system for Q3 – and discard recording to existing EM automatic weight 2020 volume methodology both registration of total catches and discard unsorted catch (load cell) volumes; has started. So far there are mixed results because of construction issues. This process is ongoing. 2) Tests have been done using a discard valve to measure discard weight at 50kg intervals. This has proven to be difficult and is also was is also being trailed in another project. Therefore an other system has been researched: the use of 3D camera’s to use weight and length distributions to estimate the volume of catch. 3) Further investigation in 2020, as foreseen in the original project plan. WP C 2019 Automated In the proposed FDF set 1) Collection of photo and Q3/Q4 video analysis up EM will be used for video data of fish for the – 2021 complete registration of development of computer- species composition, this vision algorithms has taken leads to a significant place in order to start increase on the development of resources needed for recognition. video review. Therefore, 2) Development and testing of automated identification computer-vision methods and automated for the detection and registration of catch classification of fish. A quantities by species deep-learning-based through computer vision method was developed and technology and machine

learning techniques is a evaluated based on the key element of this data collected in point 1). project. 3) Development of a prototype system for image acquisition of different species of fish and/or different combinations of fishes and inert materials. A set-up was developed with a conveyor belt and different cameras: a CCTV monitoring camera, a line scan camera, and two RGB + depth camera’s. The system mimics the on- board situation as closely as possible. 4) Design of the first prototype for on-board image acquisition (camera, illumination and computing hardware). Implementation of the first prototype on board of one commercial fishing vessel. Foreseen for Q2 and Q3 of 2020. WP D 2019 Reporting, Determine the most 1) Project management by the Q4 – disseminating reliable, accurate and consortium is ongoing. The 2021 results and suitable FDF method. consortium meets at evaluation. regular intervals to discuss scientific progress. 2) Hands on project implementation is taking place 24/7 to ensure participation and correct implementation of FDF on board and during trips. 3) Meetings between the consortium and the Ministry of Agriculture, Nature and Food Quality take place regularly. 4) Progress within FDF is presented to the wider community of stakeholders including fishermen, NGO’s and other interested groups. 5) An article on the progress of FDF has been published (Dec 2019)3.

3 https://www.visserijnieuws.nl/nieuws/14748-camera-s-om-te-kunnen-blijven-vissen

6) The consortium has provided an internal intermediate report in Jan 2019. A yearly report will be published in April/may 2020 and will be integrated in the annex..

Belgium

Belgium has, besides research on selectivity and survival of plaice, recently started with several (pilot) projects to address and support the concept of Fully Documented Fisheries (FDF), with plaice as species of study, among others. In the projects, a software platform called FishScan, has successfully been created and developed and includes automated length measurement software and species recognition software, i.e. in a first step for plaice and sole.

Under laboratory conditions, the accuracy of the species identification software is already as high as 95% for two fish species (plaice and sole) and the length measurement software can detect the size of any fish with an average accuracy of 3 mm, when transported on a conveyor belt.

In the EMFF project, ‘VISIM II’, the research towards the usage and implementation of self-sampling in the fisheries sector, by means of image recognition, continues. This project will lay the foundations of the actual implementation of these innovative techniques in the Belgian fisheries. The software developed in the EMFF funded project VISIM I, will be further developed to identify a large number of commercial fish species, as well as improving the accuracy on the length measurement software.

In the next phase of the project, hardware will be put in place on one commercial beam trawl vessel of which the owner, skipper and crew are willing to cooperate with this research.

6.2.2. High survivability exemption for skates and rays caught by all fishing gears in the North Sea in ICES division 3a and ICES subarea 4 (Article 9 of Regulation (EU) No 2019/2238) This point concerns a survivability exemption as provided for by Article 15(4)(b) of Regulation (EU) No 1380/2013 for skates and rays caught with all fishing gears in ICES division 3a and ICES subarea 4. This exemption is included in article 9 of the delegated act Regulation (EU) No 2019/2238). Members of the Scheveningen Group having a direct management interest have to submit by 1 May 2020:

(a) a roadmap developed in order to increase survivability and to fill in the data gaps identified by the STECF, to be assessed by the STECF,

(b) a report on the progress and any modifications or adjustments made to the survivability programs.

The regional group requests that the exemption shall be continued for 2021-2023. With regards to cuckoo ray, the STECF concluded that two new studies have been started on survival experiments concerning Cuckoo ray, but more observations will be needed to make a definitive judgement on the survival rates in 1 or 2 years.

Background

The regional groups for the North Sea, North Western Waters and South Western Waters all submitted joint recommendation at 31st of May 2018 requesting a high survival exemption for skates and rays from the landing obligation. The Scheveningen Group submitted a roadmap on skates and rays to the Commission on 31 October 2018 to illustrate the further work envisaged.

At a workshop held 14 February 2019, the members of the Scheveningen Group, the North Western Waters Group and the South Western Waters Group developed a table outlining the potential evidence gaps for exploring the survivability rates of skates and rays species and how the survivability rates can be increased. An extract of this work as regards the North Sea (ICES subarea 4 and ICES division 3a) was enclosed in annex B in the Joint Recommendation amending the demersal discard plan for the North Sea, submitted in May 2019.

Annex B of the JR submitted in May 2019 included information on the scientific research that each Member State was doing, including key information such as the species and gear type in focus and the type of study that was being planned.

At the STECF EWG in June 2019 and the STECF Plenary meeting in July 2019, STECF noted that the supporting information to the request for an exemption identified some significant data gaps for skates and rates caught with all gears. Continued work following the roadmap will potentially address these gaps in the coming years. With regards to cuckoo ray, STECF was looking for further observations from survival experiments, which are needed to provide reliable estimates of survival rates for cuckoo ray before any definitive judgement can be made. New and ongoing studies (e.g. SUMARIS project), completed in the next 1-2- years across relevant fisheries, and following the ICES guidance, will generate necessary evidence on discard survival levels.

In December 2019, the Scheveningen Group submitted a progress report on the implementation of the Road Map for skates and rays, including six studies that have been finalized and published.

State of Play

The Roadmap consists of three separate steps to be taken by Member States of the Scheveningen Group and the North Sea Advisory Council.

1) Advancement of data on stock status (improved knowledge on stock structure/separation, reporting, species determination protocols) and knowledge of discard survival for different ray and skate species, métiers and areas by Member States in cooperation with scientific institutes or other experts. 2) Coordination to draft a program of measures to minimalize discards and improve survival by the Advisory Councils. 3) Coordination of work and following progress by the chair of the regional group, including taking of initiatives to ensure progress and facilitating cooperation and delivering of results.

Below is a state of play of the three steps.

1) Advancement of data on stock Status and knowledge of discard survival.

In annex 6.2.2a there is shown a ‘Gap analysis table’ for commercially important skates vs. relevant gears and areas for the Belgian fishing industry. In this table is shown that there is still much work and research necessary for different gears and different areas. On the other side, annex 6.2.2b is listing up the ongoing projects at survival of skates and rays in the North Sea, areas 3a and 4, and some future projects.

The Scheveningen Group also refers to a mapping of species distribution and abundance in different fisheries in 3a, ‘Occurrence of skates and rays in northern European waters and catches in Swedish fisheries in the Skagerrak/Kattegat and the eastern North Sea’ annexed by the JR May 2019. This annex 6.2.2c is still valid. The study from where some of the data came will be continued 2020-2022, so an updated study can be submitted in 2021.

2) Coordination to draft a program of measures to minimalize discards and improve survival by the Advisory Councils. The North Sea Advisory Council submitted a document following the Scheveningen Group request from October 2019 on harmonized guidelines for best practice when handling catches of skates and rays. A finalized table was sent at the end of April 2020. This table can be found in annex 6.2.2d for information.

3) Coordination of work and following progress - Future work

Consistent with the roadmap that was submitted in November 2018 and the work that was done in that context, the chair of the Scheveningen Group will continue to coordinate the efforts that are being undertaken by the Scheveningen Group, the NSAC and other regional groups to close data gaps, continue survivability work and discuss best practices. This should also include research institutes and scientific bodies such as ICES.

Overview

The table below is taken from the progress report of December 2019 and updated.

Table 5: Coordination of work and following progress by the regional group Scheveningen.

Relevant evidence produced Responsible Timeline State of play

Describe new evidence on the International Annual Joint discard survival rates. stakeholder dialogue recommendation for meetings between the amendment of the representatives from North Sea discard policy, management, plan submitted 29 industry, science and May 2019 NGOs.

Fishing fleets that request to use Advisory Council, with Annual Compilation of best high survival exemptions: contribution from the practice submitted fishing industry. 2019 Program of measures that describe practical steps and actions that will Shall be minimize discard mortality of done skates and rays and improve data International before 1 on discard levels. dialogues meetings May each can form the platform year The actions described in the for the development program of measures should and execution of the (mandatory) include best practices plans. for spatial/temporal avoidance measures, gear selectivity enhancements, that either avoid unwanted catches or improve survival chances, and/or modifying catch handling practices to improve discard survival chances.

Harmonize best practices in NSAC Harmonisation of best Northwest Water and North Sea. practice to be submitted in 2020

Complete an evidence gap Relevant scientific 1st year Done February 2019 analysis which will identify where institutes with the discard survival evidence is necessary skills, data missing or requires strengthening. and experience and other institutes such Based on the gap analysis, a as ICES 2nd and 3rd To be conducted in research program will be year year three once developed and relevant scientific results become organizations will be available. commissioned to deliver new research.

Regional Group annual report Chair of the 1st and 2nd 2019 report submitted Scheveningen group year

Regional Group final report 3rd year

The Scheveningen Group calls for the Data Collection Framework to provide further stock information on skates and rays.

6.3. Additional scientific information for extending to 2021-2023 provisionally applicable exemptions granted in 2020

By Article 3(1) point b), Article 6(1) point c), Article 6(2) and Article 8 of delegated act (EU) No. 2019/2238, four high survival exemptions and by Article 10 points f), h), k), l), m) and n), six de minimis exemptions were granted for the year 2020. Member States having a direct interest in fisheries concerned should submit every year additional scientific information supporting these exemptions with the view of their possible extension. Under this chapter, additional scientific information is submitted and the Scheveningen Group hereby request the Commission to validate its content and the continuation of the exemptions by including them unchanged -except, when otherwise mentioned- in the delegated act concerning the demersal discard plan in the North Sea for 2021-2023, to be adopted in the second half of 2020.

6.3.1. High survivability exemption for Norway lobster caught with bottom trawls with a cod- end larger than 80mm or with a cod-end of at least 35 mm + species selective grid with bar spacing of maximum 19 mm in ICES divisions 2a, 3a and ICES subarea 4 (Article 3(1) point b) (1) and (b)(3) and Article 3(3)of Regulation (EU) No 2019/2238) This point concerns a survivability exemption as provided for by Article 15(4)(b) of Regulation (EU) No 1380/2013 for catches of Norway lobster made in ICES subarea 4 and ICES divisions 2a and 3a with certain gears on the condition that a netgrid selectivity device was used.

Article 3(3) of Regulation (EU) No 2019/2238 will be adapted by an upcoming amending delegated act so that only Article 3(1) points b1) and b3) will provisionally apply until 31 December 2020 and article 3(1) point b2) will apply until 31 December 2021.

Background

In previous years the Scheveningen Regional Group has requested a survivability exemption for catches of Norway lobster made in ICES subarea 4 and ICES divisions 2a and 3a with certain gears on the condition that a netgrid selectivity device was used. Throughout the past years at several instances information and studies were provided to underpin the request, most notably in the Joint Recommendations of 2018 and 2019. The European Commission has included the exemption for the high survivability of Norway lobster until 31.12.2021 in the delegated act Regulation (EU) No 2018/2035,

on the condition that additional information is to be provided for fisheries on the west coast of the North Sea, i.e. the eastern coast of Scotland ((recital 13) and art.3). On the basis of the information that was provided in 2019, the STECF concluded in its evaluation (PLEN2019-02) that while data was robust, additional information was not provided for the west coast of the North Sea. In 2019 a discussion took place between the regional group and the European Commission on the provision of additional data for the western coast of the North Sea. In the delegated act Regulation (EU) No 2019/2238, the exemption was limited to one year, until 31.12.2020, on the condition that information would be provided for the west coast of the North Sea by the Member States of the Scheveningen Group with a direct management interest (recital 16). In January 2020, United Kingdom left the EU raising questions about the need (and possibility) to provide the information related to the west coast of the North Sea, ie. the eastern coast of Scotland, that is requested for the exemption. The Scheveningen Group has submitted all the necessary information in the past and therefore is wondering what is yet missing. Request

The Scheveningen Group requests an extension of the current exemption until 31 December 2023 on the basis of the information that has been provided previously in recent years and which was already evaluated favorably by STECF. In this light, the exemption was initially already granted until 31.12.2021, for all areas in the North Sea For the west coast of the North Sea (east coast of Scotland) additional scientific information was requested. Although this request should not be relevant by 2021as the UK has left the EU, for this area the Scheveningen Group refers to a report about the survivability of discarded Norway Lobster – Scottish East Coast by Stirling University in annex 6.3.1.

The Scheveningen group therefore recommends to incorporate the following text in the 2020 delegated act:

“1. The survivability exemption referred to in Article 15(4)(b) of Regulation (EU) No 1380/2013 shall apply in the Union waters of the North Sea (ICES divisions 3a and subarea 4) to the following catches of Norway lobster (Nephrops norvegicus):

(a) catches with pots (FPO ); (b) catches with bottom trawls (OTB, OTT, TBN) fitted with: (1) a cod-end larger than 80 mm; or (2) a cod-end with a mesh size of at least 70 mm equipped with a species selective grid with a bar spacing of maximum 35 mm; or (3) a cod-end of at least 35 mm equipped with a species selective grid with a bar spacing of maximum 19 mm.

2. When discarding Norway lobster caught in the cases referred to in paragraph 1, the Norway lobster shall be released whole, immediately and in the area where it has been caught.”

Annex 6.3.1b: Additional information about the exemption for Norway lobster as bycatch in the fishery for Northern Prawn.

6.3.2. High survivability exemption for plaice when targeting flatfish or round fish (Bottom trawls with a mesh size of at least 120mm) in ICES division 3a and ICES subarea 4 (Article 6(1) point c) and Article 6(4) of Regulation (EU) No 2019/2238) This point concerns a survivability exemption as provided for by Article 15(4)(b) of Regulation (EU) No 1380/2013 for catch and by-catch of plaice in the fishery targeting flatfish or round fish carried out with trawls in ICES division 3a and ICES subarea 4.

Background

In 2018 the Scheveningen Group provided scientific evidence in order to demonstrate high discard survival rates for plaice in that fishery. Discard survival rate from provided studies in ICES area 3a has shown to be 75% in the winter months and 44% in the summer months. The evidence was submitted to the STECF which concluded in its 58th plenary meeting report (PLEN-18-02) that the survival rates in the supporting study decreased if the sorting time was greater than 60 minutes in the summer months, therefore a low survival rate of plaice in summer justified the exemption being restricted to winter months in 2019. On the basis of scientific evidence and rationale provided in the Joint Recommendation from the Scheveningen Group a high survivability exemption for plaice caught in the North Sea using trawl (OTB, PTB) in the fishery targeting flatfish or roundfish in the winter months was granted until 31 December 2021 as set out in Article 6 of the North Sea discard plan.

In 2019 the Scheveningen Group provided additional scientific evidence and suggested in their Joint Recommendation to apply this exemption in 2020 in summer months too, i.e. all year. An exemption covering fishery throughout the year was granted for 2020 as set out in Article 6 of the North Sea discard plan.

The STECF observed in its 61st plenary meeting report (PLEN-19-02) that methods for the estimation of survival are variable between studies and noted that smaller plaice, caught more frequently with smaller cod end meshes, are indicated to have lower survival levels. The Scheveningen Group sees an inconsistency between recital 26 of Regulation (EU) No. 2019/2238 and the conclusion by STECF plenary which states that “STECF received the full scientific report supporting the proposal [to exempt trawl fishery for plaice from the landing obligation] and considered the method to generate survival estimates to be robust”.

The Scheveningen Group did commit to submit additional STECF fishery data by 1 May 2020 as provided below. Hence, the Scheveningen Group has fulfilled recital 26 which states: “However, for the plaice survivability during summer months the full scientific report on the whole area would enable a representative assessment. Therefore, the Commission considered that this exemption should only be granted for one year and the new studies and improved survivability measures should be

developed as a matter of urgency and provided to the STECF for assessment as soon as possible and not later than by 1 May 2020”.This exemption is provisionally applicable until 31 December 2020 on basis of Article 6(1) point c) and Article 6(4) of Regulation (EU) No 2019/2238.

Request

The Scheveningen Group recommends that by way of derogation from Article 15(1) of the Basic Regulation, the landing obligation shall not apply to plaice (pleuronectes platessa) caught in the North Sea by vessels using trawl (OTB, PTB) ≥ 120 mm targeting flatfish or roundfish. The request is based on Article 15.4(b) of the Basic Regulation with a proposed duration for 2021-2023. Scientific evidence, including the full scientific report, and rationale are provided in annex 6.3.2a-f and the tables below.

The Scheveningen Group encourages the Commission to request STECF to carry out an evaluation of the existing scientific studies to determine the broader application of these studies to the survivability of plaice in the trawl fishery. Such an evaluation should allow the exemption to continue - also during this work.

This request should be seen together with the other high survival requests for plaice under point 6.3.3. and point 6.3.4.

Table 6: National data for landings in demersal fishery (OTB, PTB). The table contains the landings, estimated discards and discard rate (FDI data used, average 2016-2018)

Country Exemptio Species as Num Landing Estimate Estimate Discard n applied bycatch or ber s (by LO d d Catch Rate (%) for target of subject Discards (t) (species, Vess Vessels) (t) area, els (t) gear subj type) ect to LO

DK 2017 Demersal Target + 76 9.243 270 9.513 2,8% fishery: bycatch (OTB, PTB*) ≥ 120 mm Division 3A and 4 DK 2018 Demersal Target + 76 5.019 52 5.071 1% fishery: bycatch (OTB, PTB*) ≥ 120 mm Division 3A and 4

DK (2019) Demersal Target + 76 3.291 73 3.364 2 % fishery: bycatch (OTB, PTB*) ≥ 120 mm division 3A and subarea 4 DE (2017) Demersal PLE 11 62,6 0,3 62,9 0,01% fishery North Sea and 3a, OTB or PTB >=120

DE(2018) Demersal PLE 9 19,5 1,9 21,4 0,9% fishery North Sea and 3a, OTB or PTB >=120

DE(2019) Demersal PLE 16 43 0,1 43,1 0,2% fishery (preliminar y) North Sea and 3a, OTB or PTB >=120

SE Demersal PLE, 27 99,9 1 100,9 1% fishery, target/bycatch >120 mm trawl, North Sea and 3a

FR Plaice Bycatch 7 Very few Discard 2017 (under rate of 0.1% of the the total fishery : catch) 5% => highly selective

FR 2018 Plaice Bycatch 7 Very few Discard (under rate of 0.1% of the fishery:

the total 3,7% => catch) highly selective

NL(2017) Demersal PLE 27 2335 NK fishery North Sea and 3a, OTB or PTB >=120

NL(2018) Demersal PLE 24 3164 NK fishery North Sea and 3a, OTB or PTB >=120

NL(2019) Demersal PLE 42 2205 fishery (preliminar y) North Sea and 3a, OTB or PTB >=120

BE (2016- TR1 catch 6 911 unknown unknown Unkno 2018) (OTB, wn** PTB) >=100

*OTB_MCD_>=120_0_0 (i.e. demersal and Nephrops fishery)

**BE does not have discard sampling for OTB

6.3.3. High survivability exemption for of plaice caught with trawls with a mesh size of at least 90-99 mm equipped with Seltra panel targeting flatfish or roundfish in ICES division 3a, — plaice caught with trawls with a mesh size of at least 80-99 mm targeting flatfish or roundfish in ICES subarea 4 (Article 6(2) and Article 6(4) of Regulation (EU) No 2019/2238) This point concerns a survivability exemption as provided for by Article 15(4)(b) of Regulation (EU) No 1380/2013 for plaice caught with trawls with a mesh size of at least 90-99 mm equipped with Seltra panel targeting flatfish or roundfish in Union waters of ICES division 3a, -plaice caught with trawls with a mesh size of at least 80- 99 mm targeting flatfish or roundfish in Union waters of ICES subarea 4. Two different

kinds of Seltra panels are allowed in 3a, and the exemption applies to both. Please refer to draft delegated act.

Background

The STECF observed in its 61st plenary meeting report (PLEN-19-02) that methods for estimates of survival are variable between studies and noted that smaller plaice, caught more frequently with smaller cod end meshes, are indicated to have lower survival levels. However, for the plaice survivability during summer months the full scientific report on the whole area would enable a representative assessment. Therefore, the Commission considered that this exemption should only be granted for one year and the new studies and improved survivability measures should be developed as a matter of urgency and provided to the STECF for assessment as soon as possible and not later than by 1 May 2020.

The Scheveningen Group provided the full report in 2019 and did commit to submit additional STECF fishery data by 1 May 2020 as provided below.

This exemption is provisionally applicable until 31 December 2020 on basis of Article 6(2) and Article 6(4) of Regulation (EU) No 2019/2238.

Request

The Scheveningen Group requests an extension of this exemption for the year 2021- 2023. Therefore, scientific information supporting the extension of the exemption is added in annex 6.3.2a-6.3.2e.

This request should be seen together with the other high survival requests for plaice under point 6.3.2. and point 6.3.4. The annexes are the same for these three points.

The Scheveningen Group recommends that by way of derogation from Article 15(1) of the Basic Regulation, the landing obligation shall not apply to plaice (pleuronectes platessa) caught in the North Sea by vessels targeting flatfish or roundfish using trawl (OTB, PTB) of mesh sizes 90-99mm equipped with SELTRA in 3a, 80-99mm in ICES subarea 4. The request is based on Article 15.4(b) of the Basic Regulation. Scientific evidence and rationale is provided in annexes 6.3.3 (D and E of 2018 JR). The full report of the scientific evidence was submitted 26 June 2019.

As exemptions for plaice caught in otter trawls in area 7defg was granted in Regulation 2018/2034 for North Western Waters for 2019-2021 the exemption would provide consistency between neighboring waters. The sea basin of area 7defg is comparable to ICES subarea 4 in regard to salinity, temperature, compilation of species and marine environment and fisheries are carried out at same depth, same gear by the same vessels.

Table 7: German, Dutch Plaice catches with OTB or PTB and mesh size 80-99 fishing in ICES subarea 4 when targeting demersal fish (exemption 6 (2b) in 2019/2238) (FDI data used: average 2016-2018).

Year Number Species Landings Discards (t; raised Vessels incl. BMS (t) scientific observer data; very few trips) DE 2017 12 PLE 451 953 (highly uncertain estimate) DE 2018 11 PLE 553 483 (highly uncertain estimate) DE 2019 16 PLE 511 NK (no trips sampled) (preliminary) FR + ? 170 PLE and 28.798 8.003 NL1 bycatch NL 2017 16 PLE 1.976 1.176 NL 2018 22 PLE 2.768 1.753 NL 2019 30 PLE 1.847 (preliminary) 1 Bottom trawls (OTB, PTB) with mesh size ≥ 80-99 mm in ICES subarea 4

Table 8: Plaice catches with OTB or PTB -mesh size 70-99 and 90-119mm -fishing in ICES subarea 4 and 3a (exemption 6 (2b) in 2019/2238) (FDI data used: average 2016-2018)

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

DK 2017 90-119 mm Target+ 146 1,840 921 2,761 33% bycatch ICES division 3A*

80-99 mm 625 n.a n.a n.a

ICES subarea 4**

DK 2018 90-119 mm Targer+ 146 1,762 968 2,730 35% bycatch ICES division 3A*

80-99 mm 127 n.a n.a n.a

ICES subarea 4**

DK 2019 90-119 mm Target + 146 1.470 976 2.446 40% bycatch ICES division 3A*

80-99 mm 197 n.a n.a n.a

ICES subarea 4**

Plaice in 77 94.1 108 202.1 53% SE demersal Target 2016 - trawls 90- and 2018 119 mm in bycatch 3a*

*No fishery inICES subarea 4 with this mesh size

** Fishery with this mesh size only in ICES subarea 4. No samples taken.

6.3.4. High survivability exemption for plaice caught with mesh size 100-119 mm in ICES division 3a and ICES subarea 4 (this is a new request: this concerns an extension of mesh sizes in Article 6(2) of Regulation (EU) No 2019/2238) Background

Currently, exemptions are in place for plaice caught with smaller mesh sizes of 80-99 mm in subarea 4 and 90-99 mm in division 3a and ≥120 mm in the entire North Sea (laid down in respectively article 6(2)(b), 6(2)(a) and 6(1)(c) of Regulation (EU) No 2019/2238), see point 6.3.2. and point 6.3.3. Scientific information is provided to allow these exemptions to continue for 2021-2023 in annexes. 6.3.2a-6.3.2e.

The Danish scientific institute for aquatic resources, DTU Aqua states that the studies already provided for the current exemptions warrant that mesh sizes between 100- 119 mm would generate at least the same survivability as already proved in the current scientific studies.

Request

Given the conclusion by STECF on the robustness of the method to generate survival estimates for plaice and taking into account the existing exemptions with smaller mesh sizes of 80-99 mm in subarea 4 and 90-99 mm in division 3a and the larger mesh sizes of ≥120 mm, the Scheveningen Group requests to broaden these exemptions to include bottom trawls with mesh size ≥100-119 mm.

This request will fill the gap between Article 6(1) (c) (survivability exemption for bottom trawls with a mesh size of at least 120mm) and Article 6(2) (survivability exemption for bottom trawls with a mesh size of at least 80-99 mm) by extending those

exemptions to mesh sizes 100-119 mm and this for the period 2021-2023. Therefore, scientific information supporting the extension added in annex 6.3.3.a-6.3.3.d and fisheries data are provided in table 9.

This request should be seen together with the other high survival requests for plaice under point., 6.3.2. and point 6.3.3.

6.3.5. High survivability exemption for turbot caught with beam trawls (TBB) with a cod-end equal to or larger than 80mm in ICES subarea 4 (Article 8(1) and 8(2) of Regulation (EU) No 2019/2238) This request concerns a survivability exemption as provided for by Article 15(4)(b) of Regulation (EU) No. 1380/2013 for turbot caught by TBB gears with a cod-end larger or equal than 80 mm in ICES subarea 4.

The Scheveningen Group provided in 2019 scientific evidence in order to demonstrate high discard survival rates for turbot in that fishery. The evidence was submitted to the STECF. The STECF concluded in its 61st plenary meeting report (PLEN-19-02) that no new survival evidence was presented, because the previously submitted studies were based on a gear type different than beam trawl and therefore not representative.

More research was committed by the Scheveningen Group to observe the survival of discarded turbot caught by beam trawls and to provide more detailed information of survivability in the new project, foreseen to be carried out until 2021.

The Scheveningen Group agreed to request an extension of this exemption for the years 2021-2023. Therefore, scientific information supporting the extension of the exemption is added in annex 6.3.5.

Table 9: German, Dutch, Belgian data on Landings and discards of turbot in fisheries with beam trawls and mesh size >=80mm in ICES subarea 4 (Article 8 in 19/2238 (scientific observer data)

year Number species Landings Discards (t) vessels incl. BMS (t)

DE 2017 17 Turbot 153 24.2

DE 2018 16 Turbot 194 44.2

DE 2019 44 Turbot 168 36.6 (preliminary)

NL 2017 29 Turbot 1722 196

NL 2018 31 Turbot 1614 187

NL 2019 46 Turbot 1495 NK (preliminary)

BE1 2017 43 Turbot 157 18

BE1 2018 36 Turbot 101 19

BE1 2019 36 Turbot 54 NK

1 Mesh size 70-99mm

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

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

The project relevant for the roadmap where data on turbot will be sampled and analyzed is: EMFF project “Survival Monitoring – Overleving Monitoren”: period 1/01/2019 - 30/06/2021. This project will focus on plaice (P. platessa) and turbot (S. maximus).

The goal is to collect additional data for scientific evidence on the actual exemption for plaice and turbot and to advise stakeholders to improve survivability of plaice and turbot. A project is initiated for the duration of two years and includes 12 fishing trips.

Commercial fishing trips are planned for 2020 & 2021, where the focus will be on turbot (besides plaice). During those trips in autumn 2020 in the North Sea particular attention will be paid to the survivability of turbot, which will be measured for example by the RAMP-method.

Further selectivity on the bycatcth of turbot in the directed fishery on sole and plaice with the TBB is not possible in the short term, without losing efficiency and rentability. A survivability exemption for the fast-growing turbot, however, could contribute further to the biomass of the stock. As a condition of the exemption the turbot should be returned whole/undamaged to the sea as swiftly as possible and over the grounds where they were caught. Trials to improve selectivity and survivability are also part of the project program.

6.3.6. Combined de minimis exemption for whiting and cod below the minimum conservation reference size by vessels using bottom trawls (OTB, OTT, SDN, SSC )or seines with mesh size 70-99 mm (TR2) in ICES subarea 4a and 4b (Article 10 point f) of Regulation (EU) No 2019/2238)

This point concerns a de minimis exemption as provided for by Article 15(4)(c) of Regulation (EU) No 1380/2013 for whiting and cod below the MCRS caught with bottom trawls. Scientific evidence was reviewed by STECF which concluded that there is no possibility to evaluate whether the estimates on the disproportionate costs are correct. STECF noted that improving selectivity in the relevant fisheries should be the priority as this will reduce the costs for handling unwanted catches. Given the need to continue fishing activity in order to ensure the necessary data collection to provide that information, the de minimis exemption was limited to one year and the Scheveningen Group were required to submit the relevant data allowing the STECF to assess fully the justification and allowing the Commission to carry out a review. In addition, Scheveningen Group were expected to report on the uptake of further selectivity measures. The Scheveningen Group concerned were requested to undertake the additional trials and provide information as soon as possible and not later than by 1 May 2020, for assessment by the STECF. This exemption was therefore be applied provisionally until 31 December 2020.

This exemption is provisionally applicable until 31 December 2020 on basis of Article 10 point f) of Regulation (EU) No 2019/2238. Member States concerned agreed to request an extension of this exemption for the year 2021-2023. Therefore scientific information supporting extension of the exemption is added in annex 6.3.6.

Table 9: German data on landings and Discards of cod and whiting in TR2 (70-99mm) fisheries (OTB, OTT, SDN, SSC) for demersal fish in 4a and 4b (exemption 10 (f) in 2019/2238)

Species Year Number Landings incl. Discards (t; raised scientific Vessels BMS (t) observer data, very few trips sampled) Cod 2017 12 6.8 13 Cod 2018 12 9.1 0 Cod 2019 17 5.5 NK (no trips sampled) (preliminary) Whiting 2017 12 2.6 5.7 Whiting 2018 12 21 18.8 Whiting 2019 17 6.5 NK (no trips sampled) (preliminary)

Table 10: French data on landings and Discards of cod and whiting in TR2 (70-99mm) fisheries (OTB, OTT, SDN, SSC) for demersal fish in 4a and 4b (exemption 10 (f) in 2019/2238) (problems with STECF website)

Discards (t; Landings incl. raised Discards Landing BMS (t) scientific Number STECF data Species Year (Obsmer) STECF data observer Vessels base approximation base data, very (2013 – 2016) (2013 – 2016) few trips sampled)

Cod FR 2017 270 0 156 T 67 T Cod FR 2018 260 0 0 Cod 2019 NK NK NK NK (preliminary) Whiting FR 2017 270 1059 T 5149 T Whiting FR 2018 260 2600 T 1092 T

Table 11: Data from the Netherlands on landings and Discards of cod and whiting in TR2 (70-99mm) fisheries (OTB, OTT, SDN, SSC) for demersal fish in 4a and 4b (exemption 10 (f) in 2019/2238)

Species Year Number Landings incl. Discards (t; raised scientific Vessels BMS (t) DCF self-sampling data) Cod 2017 33 36 6

Cod 2018 27 44 0.3 Cod 2019 42 66 (preliminary) Whiting 2017 28 104 187 Whiting 2018 29 87 84 Whiting 2019 34 99 (preliminary)

The Scheveningen Group recommends a continued exemption for whiting (Merlangius merlangus) and cod (Gadus morhua) below MCRS, up to a combined maximum of 6% in 2020-2023 (of which a maximum of 2% can be used for cod discards) of the total annual catches of whiting and cod, for the mixed fishery not targeting Nephrops using trawler and seines (OTB, OTT, SDN, SSC) with a mesh size of 70-99 mm in ICES areas 4a and 4b.

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

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

Based on provided data by France, Germany and the Netherlands a de minimis exemption of 6% of whiting and cod (of which maximal 2% is cod) would correspond to total quantities of 253t of discarded whiting and 72t of discarded cod for the entire North Sea.

The Scheveningen Group wants to draw attention to the fact that STECF concerns – and therefore Commission’s requirements to grant the exemption – are not the same in 2019 as they were in 2018. Indeed, in July 2018 STECF plenary concluded:

“STECF notes that evidence of fishing effort in IVb was provided for the French fleet to the PLEN 18-02. This is based on VMS tracks for three vessels covering a short period in June 2018. STECF concludes this information supports increasing the scope of this exemption for the French vessels.

STECF notes no fleet information has been provided for other Member States.”

Following the Commission’s requirement of Article 9.f of regulation (EU) 2018/2033 and to answer STECF concerns, the Scheveningen group provided in May 2019 fleet information for other Member States interested in this exemption. As requested, the group provided an updated number of the total quantity of whiting and cod that could be discarded with this exemption, considering Dutch, French and German fleets. In 2019, STECF raised concerns regarding “increased costs […] specific to cod and whiting”. Contrary to last year, the group has not had the opportunity nor the time to answer STECF findings and could not provide sufficient information in addition to what has been provided.

The Scheveningen group would like to highlight that any economic studies dedicated to a fishery or even a species regarding disproportionate costs need at least 18 months to obtain preliminary results. Consequently, submitting a new Joint Recommendation at a later stage is not the preferred route for the Scheveningen Group as evidence from last year shows this to be a drawn out process.

The Scheveningen Group therefore proposes a three year exemption (2021-2023) for this de minimis exemptions.

6.3.7. De minimis exemption for whiting below the minimum conservation reference size by vessels using beam trawls with mesh size 80-119mm in ICES subarea 4(Article 10 point h) of Regulation (EU) No 2019/2238) This point concerns a de minimis exemption as provided for by Article 15(4)(c) of Regulation (EU) No 1380/2013 for whiting below the MCRS caught with beam trawls. This exemption is provisionally applicable until 31 December 2020 on basis of Article 10 point h) of Regulation (EU) No 2019/2238.

Member States of the Scheveningen Group were required to submit the relevant data allowing the STECF to assess fully the justification and allowing the Commission to carry out a review. In addition, the Scheveningen Group was expected to report on the uptake of further selectivity measures. The Member States concerned were asked to undertake the additional trials and provide all relevant information as soon as possible and not later than by 1 May 2020, for assessment by the STECF.

The Member States concerned agreed to request an extension of this exemption for the year 2021-2023 at 3% of total combined catches of plaice and sole in fisheries with beam trawls 80-119mm.

Background:

• Whiting is a bycatch in bottom trawl fisheries. The requested exemption would apply to undersized whiting caught by beam trawl fisheries targeting sole. This fisheries is a mixed fisheries taking place in ICES subarea 4, especially 4b and 4c. • Currently a de minimis has been granted for bycatches of Below Minimum Size (BMS) whiting in fisheries with beam trawl in delegated act EU2019/2238, article 10(h). • This exemption request is in line with the existing exemption for whiting that is applicable in areas 7b-7k in the North Western waters for a broad range of gears including BT2. This exemption and supporting evidence was accepted by STECF and previously granted by the Commission. The Group notes that a level playing field should be ensured across sea basins, especially as areas 7d and 4c are adjacent. • This request for renewal is made on the basis of disproportionate costs, which is one of the grounds for a de minimis exemption in the Basic regulation, 1380/2013, article 15, C(ii). This article states that provisions for de minimis exemptions of up to 5 % of total annual catches of all species subject to the landing obligation referred to in paragraph 1. The de minimis exemption shall apply in the following cases: o (i) where scientific evidence indicates that increases in selectivity are very difficult to achieve; or o (ii) to avoid disproportionate costs of handling unwanted catches, for those fishing gears where unwanted catches per fishing gear do not represent more than a certain percentage, to be established in a plan, of total annual catch of that gear. • Although the level of bycatches are very unpredictable, ie. high variability between one haul and another, whiting can be problematic in certain cases. • It is impossible for fishermen to predict or avoid bycatches of undersized whiting, which means that discard rates are variable. Scientific research and costs involved in landing whiting:

• Last year the Netherlands provided a study, as an annex to the Joint Recommendation that showed the general financial implications of the introduction of the landing obligation4. • In a subsequent study conducted between 2017-2019 (Best Practices II5), the results confirmed that landing obligation would have serious financial implications for the fishermen, both in general and on a species level. • This study includes the results of 13 fishing trips. • This study shows the costs that are to be expected in case of a full landing obligation in terms of additional personnel costs (3.7FTE) per trip, working hours (ie. sorting) and costs incurred at the point of landing and processing. • When multiplying these costs by the share of BMS whiting (ie. 12%6) in total catches that would otherwise be discarded, the following picture becomes clear: o Catches of BMS-whiting would be 694 kg on average per trip; o CPUE would be 8.9kg per hour on average; o Landing whiting would earn €69,- per trip; o Landing whiting would cost €261,- per trip for onshore processing; o More importantly, landing whiting would require 0.37 additional Full Time Equivalent (FTE) on average per trip in term of on board labour time. o However, only entire FTE’s can be taken on board fishing vessels, and accounting for this fact results in a requirement of 1.00 FTE at least on all trips. o As 5 persons are on board, this would lead to an increase of 20%. o It must be remembered that whiting (and other!) bycatches can be very unpredictable. This means that if a fishermen would anticipate bycatches and land all below MRCS species, as a precaution additional crew members would have to be taken on board on every trip, as only entire unitary FTE’s can be taken on board. o If higher bycatches are taken into account, the number of additional FTE would increase to two. Conclusion

The costs that are incurred by a full implementation of the landing obligation have been well documented in the past. However, especially at species level this can lead to problems for the established working procedures on board and the general income generated per person on a trip level. This is mainly due to the additional work personnel (in labour time) that is needed on board (3.6 FTE if all catches need to be

4 Buisman, E., Van Oostenbrugge, H., & Beukers, R. 2013. Economische effecten van een aanlandplicht voor de Nederlandse visserij.LEI-rapport 2013-062. ISBN/EAN : 978-90-8615-657-3. 48 pp.

5 Reference forthcoming

6 This is the average proportion of below BMS whiting in total bycatches on the basis of 13 trips done in research project best practices II.

landed, 0.37 in the case of BMS whiting). It must be kept in mind that in practical terms this would lead to an increase of at least 1 FTE in practical terms, resulting in an 20% increase of total labour costs. In addition, there are extra costs incurred by landing, sorting and selling the BMS whiting. The variation in bycatches make avoidance and selectivity measures difficult and disproportionally costly to implement. A de minimis percentage of 3% of the total catches of plaice and sole is requested, which would cover the BMS whiting. An exemption for whiting would be in line with a granted exemption for whiting in Area VII.

Calculation

Based on the total catches of plaice and sole by the BT2 in the North Sea by all member states of the Scheveningen Group in the period 2014-2016 the mean annual catch of both species in the BT2 is 82.020 tons. The maximum amount of whiting discarded under this exemption at 3% of catches of sole and plaice would be 2460 tons.

Table 12: Table of catches and landings Scheveningen Group in ICES Area 4

2014 2014 2015 2015 2016 2016 2014-16 landings discards landings discards landings discards average catch

SOL 10401 1497 9604 2848 10893 1026 12089

PLE 30595 25363 33716 56235 33775 30098 69927

WHG 201 860 216 1472 224 970 1314, discard rate is 1.6%

Table 13: German and Netherlands landings and discards of plaice, sole and whiting in BT2 fisheries for demersal fish inICES subarea 4 (exemption 10 (h) in 2019/2238)

Discard rate Total whiting catch Landings Discards Landings Discards Discards as % of Country Plaice Plaice Plaice Sole Sole whiting total Year and catch Sole plaice and sole

DE 2017 1402 1174 656 22.7 3255 55.2 1.7 %

DE 2018 1164 3440 636 54.3 5294 71 1.3 %

DE 2019 692 2349 562 73.5 3677 47.6 1.3 %

(preliminary )

NL 2014 19.803 22.719 8.684 1.291 52.49 776 1.5 % 7

NL 2015 21.187 46.049 7.654 2.508 77.39 1111 1.4 % 8

NL 2016 21.897 23.352 9.109 865 55.22 798 1.4 % 3

NL 2017 16714 9034 1037 49869 1296 2.6% 23084

NL 2018 12912 25704 8228 902 47746 1568 3.3%

6.3.8. De minimis exemption for horse mackerel in the demersal mixed fisheries with bottom trawls with a mesh size between 80-99mm (TR2,BT2) in ICES subarea 4 (Article 10 point k) of Regulation (EU) No 2019/2238) This point concerns a de minimis exemption as provided for by Article 15(4)(c) of Regulation (EU) No 1380/2013 for horse mackerel and mackerel caught by vessels using bottom trawls and beam trawls. Scientific evidence was reviewed by the STECF which concluded that further information needs to be provided for most of the Member States of the Scheveningen Group. Given the need to continue fishing activity in order to ensure the necessary data collection to provide that information, individual exemptions for each species was limited to one year and Member States were required to submit the relevant data allowing the STECF to assess fully the justification and allowing the Commission to carry out a review. The Member States concerned were asked to undertake the necessary work to collect and process needed data or additional trials and provide information as soon as possible and not later than by 1 May 2020, for assessment by the STECF. Those exemptions are therefore applied provisionally until 31 December 2020.

This exemption is provisionally applicable until 31 December 2020 on basis of Article 10 point k) of Regulation (EU) NO 2019/2238.

Member States concerned agreed to request an extension of this exemption for the year 2021-2023. Therefore scientific information supporting extension of the exemption is added in annex 6.3.8.

Table 14: German and Netherlands: landings and discards of JAX in TR2 and BT2 fisheries (OTB, OTT, PTB, TBB) for demersal fish in ICES subarea 4 (exemption 10 (k) in Rgt 2019/2238)

Year Number Species Landings Discards (t; raised scientific Vessels (t) DCF self-sampling data)

DE 2017 26 Horse 0 NK mackerel

DE 2018 26 Horse 0.019 NK mackerel

DE 2019 57 Horse 0.04 NK (preliminary) mackerel

NL 2017 13 Horse 42 0 mackerel

NL 2018 9 Horse 45 0 mackerel

NL 2019 26 Horse 66 (preliminary) mackerel

Table 15: France landings and discards of JAX in TR2 and BT2 fisheries (OTB, OTT, PTB, TBB) for demersal fish in ICES subarea 4 (exemption 10 (k) in Rgt 2019/2238) (problems with STECF website)

Landings incl. Discards Discards (t; BMS (t) raised Landings (t) STECF scientific Number Obsmer STECF data Year Species observer data) Vessels data base approximation base Obsmer / (2013 – approximation (2013 – 2016) 2016)

1702 T Horse 2017 270 Bycatch mackerel 89 T Horse 2018 260 bycatch 510 T 520 T mackerel

6.3.9. De minimis exemption for mackerel in the demersal mixed fisheries with bottom trawls with mesh size between 80 and 99mm in ICES subarea 4 (Article 10 point l) of Regulation (EU) No 2019/2238)

This point concerns a de minimis exemption as provided for by Article 15(4)(c) of Regulation (EU) No 1380/2013 for horse mackerel and mackerel caught by vessels using bottom trawls and beam trawls. Scientific evidence was reviewed by the STECF which concluded that further information needs to be provided for most of the Member States. Given the need to continue fishing activity in order to ensure the necessary data collection to provide that information, individual exemptions for each species was limited to one year and Member States were required to submit the relevant data allowing the STECF to assess fully the justification and allowing the Commission to carry out a review. The Member States concerned were required to undertake the

necessary work to collect and process needed data or additional trials and provide information as soon as possible and not later than by 1 May 2020, for assessment by the STECF. Those exemptions are therefore applied provisionally until 31 December 2020.

This exemption is provisionally applicable until 31 December 2020 on basis of Article 10 point l) of Regulation (EU) No 2019/2238.

The Scheveningen Group agreed to request an extension of this exemption for the years 2021-2023. Therefore, scientific information supporting extension of the exemption is added in annex 6.3.9.

Table 16: German, Netherlands landings and discards of Mackerel in TR2 and BT2 fisheries (OTB, OTT, PTB, TBB) for demersal fish in ICES subarea 4 (exemption 10 (l) in Rgt 2019/2238)

Year Number Vessels Species Landings (t) Discards (t; raised scientific DCF self- sampling data)

DE 2017 26 Mackerel 0.01 NK

DE 2018 26 Mackerel 0.66 NK

DE 2019 (preliminary) 57 Mackerel 0.17 NK

NL 2017 13 Mackerel 42 0

NL 2018 5 Mackerel 26 0

NL 2019 (preliminary) 20 Mackerel 64

Table 17: Landings and discards of MAC in TR2 and BT2 fisheries (OTB, OTT, PTB, TBB) for demersal fish in ICES subarea 4 (exemption 10 (l) in Rgt 2019/2238) (Data from France) (problems with STECF website)

Landing Discards (t; Discard s incl. raised s Landings (t) BMS (t) scientific Numbe observer STECF Obsmer STECF Year r Species data) data data Vessels base approximatio base Obsmer / n approximatio (2013 – (2013 – n 2016) 2016)

2017 270 Mackere Catch 442 12 l and bycatc h

2018 260 Mackere Catch 670 T 130 T l and bycatc h

2019 Mackere (preliminary l )

The request for an exemption for de minimis is based on Article 15(5)(c)(i) and ii), due to difficulties to improve selectivity in a short-term period. Also, the landing application enforcement would increase the workable time on board and generate hold overloading issues. This would imply to come back often to home harbours, generating high costs for the vessel.

By 1 May 2021-2023, the Scheveningen Group will submit additional STECF data about disproportionate costs and sanitary risks generated by keeping on board these species during a several-days-fishing trip, especially during summer months. Given that the request by the Commission is to submit such data, the Scheveningen Group can accept conditioning the exemption on submitting data by 1 May while requesting the exemption for 2021-2023.

6.3.10. Combined de minimis exemption (1%) for sprat, sandeel, Norway pout and blue whiting of all species under the landing obligation caught in the demersal mixed fisheries with trawls in ICES division 3a and ICES subarea 4 (Article 10 point m) of Regulation (EU) No 2019/2238) This point concerns a de minimis exemption as provided for by Article 15(4)(c) of Regulation (EU) No 1380/2013 for a combined quantity for bycatch of industrial species (sprat, sandeel, Norway pout and blue whiting) (1%) caught in demersal mixed fisheries by vessels using trawls.

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

The last years request from the Scheveningen Group was reviewed by the STECF which concluded that there is no quantitative evidence to support the assertions of disproportionate economical costs of handling the catches and the exhaustion of options to improve the selectivity. However, The STECF noted that intuitively, achieving additional selectivity improvements would be difficult in such fisheries and cost would be high given the nature of the species involved. STECF concluded that a de minimis is needed to cover the residual unwanted catches.In the North Sea discard plan, recital 33, the Commission indicated that “given the need to continue fishing activity in order to ensure the necessary data collection to provide that information, the exemption for combined de minimis should be limited to one year and Member States should be required to submit the relevant data allowing the STECF to assess fully the justification and allowing the Commission to carry out a review. The Scheveningen Group should undertake the additional trials and provide information as soon as possible and not later than by 1 May 2020, for assessment by the STECF. Those exemptions should therefore be applied provisionally until 31 December 2020.”

This exemption is provisionally applicable until 31 December 2020 on basis of Article 10 point m) of Regulation (EU) No 2019/2238, but Member States concerned have agreed to request an extension of this exemption for the year 2021-2023. Therefore, scientific information supporting extension of the exemption is added in annex 6.3.10.

Table 18: Danish and Swedish bycatches of SAN, SPR, WHB and NOP in demersal trawls >80 mm mesh and Pandalus trawls (>35 mm) with grid and fish retention tunnel in 3a and 4. (For SE: FDI data used: average 2016-2018)

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

DK 2018 Demersal Bycatch 249 44,825 303.7 44,825 0,67% 448 fishery of SAN, >80mm SPR, and WHB, Northern NOP Prawn fishery* >35mm in ICES division 3a >32mm in ICESICES subarea 4

DK Demersal Bycatch 242 39,056 490t 39,546* 0,12% 395 fishery of SAN, (2019) >80mm SPR, and

Northern WHB, Prawn NOP fishery* >35mm in ICES division 3a >32mm in ICESICES subarea 4

SE (2016 Demersal bycatch 94 4718 291 6198 4,7% 62,0 - 2018) trawls >80 of SAN, mm mesh SPR, and WHB, Pandalus NOP trawls (>35 mm) with grid and fish retention tunnel in 3a and 4

*Estimated catch of all quota species, DK logbook

* Estimated discards of SAN, SPR, WHB and NOP ** Estimated catch (landings + observed discards) of all quota species

6.3.11. De minimis exemption for ling in the demersal fishery for hake with longlines in ICES subarea 4 (Article 10 point n) of Regulation (EU) No 2019/2238) This point concerns a de minimis exemption as provided for by Article 15(4)(c) of Regulation (EU) No 1380/2013 for ling below the MCRS caught with longlines. Scientific evidence for the discard plan 2020 was reviewed by the STECF which concluded that achieving additional selectivity improvements would be difficult in such fisheries. In addition, the STECF noted that given that the de minimis volume is likely to be small, the exemption would have no impact on the overall fishing mortality, provided the catches discarded are recorded. Given that the selectivity is difficult to achieve, the exemption for that fishery was limited to one year and Member States of the Scheveningen Group were required to submit the relevant data allowing the STECF to assess fully the justification and allowing the Commission to carry out a review. The Member States of the Scheveningen Group were required to undertake the additional trials and provide information as soon as possible and not later than by 1 May 2020, for assessment by the STECF. Those exemptions should therefore be applied provisionally until 31 December 2020.

This exemption is provisionally applicable until 31 December 2020 on basis of Article 10 point n) of Regulation (EU) No 2019/2238, but Member States concerned agreed

to request an extension of this exemption for the year 2021-2023. Therefore scientific information supporting extension of the exemption is added in annex 6.3.11.

Request

The Scheveningen Group recommends a de minimis exemption for ling below MCRS caught by vessels using set longlines (LLS) in ICES subarea 4, up to 3% in 2021- 2023 of the total annual catches of ling caught with demersal vessels using set longlines.

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

For ling in divisions 6–9, 12, and 14, 3.a and 4.a, ICES advises that when the precautionary approach is applied, catches should be no more than 18 516 tonnes in each of the years 2020 and 2021. Landings since 2000 have been at a lower level than they have previously been. Landings have been slightly increasing since 2011, with higher discards in the last three years. A standardized catch per unit effort (CPUE) index based on data from the Norwegian longline fleet shows an increasing trend since 2004, with a decline in 2018.

French vessels in this fishery use set longlines to target hake in ICES subarea 4, 5b and 6. . In 2018, 14 vessels were having this activity (according to the 2018 ObsMer report; Cornou et al. 2019)

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

6.4. New requests

This chapter includes new requests for high survivability and de minimis exemptions that are not yet in regulation (EU) 2019/2238.

6.4.1. High survivability exemption for plaice caught with mesh size 100-119 mm in ICES division 3a and ICES subarea 4 This new HS exemption is, given its link with points 6.3.2. and 6.3.3. explained under point 6.3.4.

6.4.2 De minimis exemption for herring caught with vessels using bottom trawl and seine (OTB, OTT, PTB, TBB, SSC, SPR, SDN, SX, SV) with mesh size of 80-99mm in ICES subarea 4

This point concerns a de minimis exemption as provided for by Article 15(4)(c) of Regulation (EU) No 1380/2013 for herring caught with bottom trawls and seines.

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

The request for an exemption for de minimis is based on article 15.c.i) of Regulation (EU) No 1380/2013, due to difficulties to further increase selectivity in this mixed demersal fishery, and on article 15.c.ii) of Regulation (EU) No 1380/2013,, due to disproportionate costs a total application of the landing obligation would cause in this fishery. The fleet is particularly vulnerable to the risk of commercial catch losses an improvement in selectivity would cause.

All scientific information supporting extension of the exemption is added in annex 6.4.2.

Table 19: Landings and discards of herring by vessels using bottom trawl and seine (OTB, OTT, PTB, TBB, SSC, SPR, SDN, SX, SV) for demersal fish in ICES subarea 4

Landings incl. BMS Discards Discards (t; raised (t) Catch (t) scientific STECF Number Obsmer observer data) Year Species STECF data base Vessels data base approximation Obsmer / (2013 – approximation (2013 – 2016) 2016)

2017 270 herring Bycatch 156 T 673 T

2018 260 herring bycatch 494 T 459 T

(STECF website is down, data could not be verified)

C. Discard Plan for small pelagic fisheries and industrial fisheries

7.1. Background

Under this chapter, the replacement of the discard plan for small pelagic fisheries and industrial fisheries in the North Sea is requested by the Member States of the Scheveningen Group having a direct interest in those fisheries. That discard plan was initially laid down for three years (2016-2016-2017) by Commission delegated Regulation (EU) No 1395/2014 of 20 October 2014 establishing a discard plan for certain small pelagic fisheries and fisheries for industrial purposes in the North Sea. It has been amended in 2017 introducing technical measures for sprat fisheries in an area along the Danish North Sea coast (Regulation (EU) No 2017/1393) and has been extended for three more years (2018-2019-2020) on basis of Regulation (EU) No 2018/189.

Data, scientific evidence and full information, justifying the content of this discard plan has been transmitted by the Scheveningen Group to the Commission at several occasions from 2014 on and this for the last time in 2017 with Joint Recommendation “Joint Recommendation of the Scheveningen Group - discard plan for pelagic and industrial fisheries in the North Sea” that finally resulted in Regulation (EU) No 2018/189 of 23 November 2017 amending the 2015-2017 pelagic discard plan (Regulation (EU) No 1395/2014) and extending it to the years 2018-2020.

7.2. Objectives and the scope of the discard plan 7.2.1. Objectives

The discard plan shall establish provisions for any of the specifications referred to in points (a) to (e) of Article 15(5) of the Basic Regulation, including specific descriptions of any exemptions granted.

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

The establishment and use of exemptions is to be considered following the acceptable uses specified in Article 15(4) of Regulation (EU) No 1380/2013, further specified under paragraphs 5(b) and (c), and will be based on a thorough, evidence- based process.

The Scheveningen Group consider it desirable to achieve, where possible, consistency between the recommendations for specific discard plans being drafted by different regional groups involved in EU waters.

7.2.2. Scope

For the purposes of this discard plan the definitions used shall be those specified in Article 4 of Regulation (EU) No 1380/2013.

The scope of this recommendation is provided for in Article 18 of Regulation (EU) No 1380/2013 by way of reference to Article 15(6) thereof, which outlines the process for adoption of a specific discard plan by the European Commission for a period of no more than three years, to contain any of the specifications referred to in points (a) to (e) of Article 15(5).

This specific discard plan is applicable to small pelagic fisheries subject to catch limits in the North Sea, comprising Union waters of ICES division 2a, 3a and subarea 4, as per Article 15(1)(a) first indent of Regulation (EU) No 1380/2013.

This discard plan will apply to all fishing vessels engaging in pelagic fisheries with the relevant gears in the North Sea, Skagerrak and Kattegat without prejudice to rules applicable outside the aforementioned Union waters under Member State jurisdiction.

The relevant fisheries are defined in this plan as fisheries targeting species listed in table 22 and 23. Whilst these tables are intended to be exhaustive it is acknowledged that certain vessels targeting small pelagic species may not have been incorporated. In this instance l Article 15.1(a) and Article 15.1(c)(iv) of Regulation (EU) No 1380/2013 will apply.

Table 20: Fisheries in ICES 3a (Kattegat and Skagerrak)

Code Pelagic fishing gear Species targeted

OTM and Mid-water trawl and mid-water pair trawl Herring, mackerel, blue whiting, PTM horse mackerel, sprat (for human consumption)

PS Purse seine Herring, mackerel, horse mackerel, sprat (for human consumption)

OTB and Bottom otter and bottom pair trawl Herring, mackerel, sprat (for human PTB (1) consumption)

GNS and Gill nets anchored (set), and gill nets (drift) Mackerel, herring GND (2)

LSS, LHP Set longlines, handlines and pole lines (hand Mackerel operated) and handlines and pole lines (mechanized)

MIS Miscellaneous gear, including traps, pots Mackerel, herring, sprat (for human and pound nets consumption)

1) Bottom otter and bottom pair trawl with mesh size <70mm

2) Mesh size 50-99 mm

Table 21: Fisheries in ICES 4 (North Sea)

Code Pelagic fishing gear Species targeted

OTM and Mid-water trawl and mid-water pair trawl (incl. Herring, mackerel, blue whiting, PTM TR3) horse mackerel, greater silver smelt, sprat (for human consumption)

PS Purse seine Herring, mackerel, horse mackerel, blue whiting

GNS and Gill nets anchored (set), and gill nets (drift) Mackerel, herring GND (1)

GTR Trammel nets Mackerel

LSS, LHP Set longlines, handlines and pole lines (hand Mackerel and LHM operated) and handlines and pole lines (mechanized)

MIS Miscellaneous gear, including traps, pots and Herring, sprat (for human pound nets consumption)

1) Mesh size 50-99 mm

Table 22: Fisheries for industrial purposes in Union Waters of ICES 3a and 4

Code Fishing gear Species targeted

Any trawl Trawl of mesh size less than 32 mm Sand eel, sprat, Norway Pout

PS Purse seines Sand eel, sprat, Norway Pout

7.3. High Survivability and de minimis exemptions

The current discard plan for small pelagic fisheries and industrial fisheries in the North Sea contains two main exemptions on the landing obligation:

• A survivability exemption for catches of mackerel and herring in the purse seine fisheries. • A de minimis exemption for catches of mackerel, horse mackerel, herring and whiting in the pelagic fishery carried out by pelagic trawlers up to 25 meters in length overall, using mid-water trawls (OTM/PTM), and targeting mackerel, horse mackerel and herring in ICES divisions IVb and c south of 54 degrees north.

The current discard plan also contains rules for documentation of catches subject to the exemptions listed in the preceding paragraph.

Moreover, the current discard plan contains technical measures derogating on a prohibition on sprat fisheries from 1 July until 31 October in an area along the Danish North Sea coast.

The Scheveningen Group hereby request the Commission to include the high survivability exemption, the de minimis exemption and the rules for catch documentation -except when otherwise mentioned- in the delegated act concerning the pelagic and industrial fisheries discard plan in the North Sea for the period 2021- 2023 , to be adopted in the second half of 2020. The technical measures shall be the subject of a separate Joint Recommendation that will be submitted to the Commission before1 May 2020 for a delegated act to be adopted on basis of the technical Regulation (Regulation (EU) No 2019/1241).

There is also a new request, i.a. a de minimis exemption for blue whiting.

7.3.1. Exemptions supported by scientific information already accepted and agreed upon for the years 2018-2019-2020, to be extended for the years 2021- 2023 7.3.1.1. Survivability exemption for catches of mackerel and herring in the purse seine fisheries (art 2 of Regulation (EU) No 1395/2014)

This point concerns a survivability exemption, as provided for by Article 15(4)(b) of Regulation (EU) No 1380/2013 for catches of mackerel and herring in the purse seine fisheries, if all of the following conditions are met:

- the catch is released before a certain percentage of the purse seine is closed (‘the point of retrieval’),

- the purse seine gear is fitted with a visible buoy clearly marking the limit for the point of retrieval,

- the vessel and the purse seine gear are equipped with an electronic recording and documenting system when, where and extent to which the purse seine has been hauled for all fishing operations

the vessel and the purse seine gear are equipped with an electronic recording and documenting system when, where and extent to which the purse seine has been hauled for all fishing operations.

The point of retrieval is 80 % closure of the purse seine in fisheries for mackerel and is 90 % closure of the purse seine in fisheries for herring. If the surrounded school consists of a mixture of both species the point of retrieval is 80 % closure of the purse seine. For this purpose, the surrounded school of fish is sampled before its release to estimate the species composition, the fish size composition and the quantity

It is prohibited to release catches of mackerel and herring after the point of retrieval.

Scientific evidence supporting this high survivability exemption was provided by the Scheveningen Group in a Joint Recommendation in 2014, which made reference to a number of scientific studies on fish survival from slipping in purse seine fisheries. These studies found that survival rates depend on the crowding time and the density of fish within the net, which are typically limited in these fisheries. This information was reviewed by the STECF plenary 14-02. STECF concluded that assuming the results of the survival studies are representative of survival rates under commercial fishing operations, the proportion of slipped mackerel surviving would likely be around 70 % and would result in much lower densities than the density where mortality of herring was observed to increase. This survivability exemption does not affect the landing obligation, since the release of the fish will occur at a stage of the fishing operation where the fish would have a high survival rate after release. Therefore, such an exemption was inserted in the discard plan for pelagic fisheries

This exemption is applicable until 31 December 2020 on basis of Article 2 and Article 5 of Regulation (EU) No 1395/2014 as amended.

Considering that the circumstances have not changed and that that exemption should continue to apply after the expiry of the current regulation, the Scheveningen Group agreed to request an extension of this exemption for the year 2021-2023.

7.3.1.2. De minimis exemption for mackerel, horse mackerel, herring and whiting in the pelagic fishery carried out by pelagic trawlers up to 25 meters (art 3a of Regulation (EU) No 1395/2014)

This point concerns a de minimis exemption, as provided for by Article 15(4)(c) of Regulation (EU) No 1380/2013 already granted since 2015.

In the framework of the landing obligation in accordance with article 15 of regulation (EU) N° 1380/2013, a de minimis exemption is requested for mackerel, horse mackerel, herring and whiting caught with mid-water trawls (OTM/PTM) up to 25 meters in length overall, in ICES area IVb and c south of 54 degrees north, up to 1% in 2021 and beyond, of the total annual catches of herring caught in these fisheries.

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

This exemption is applicable until 31 December 2020 on basis of Article 3a and Article 5 of Regulation (EU) No 1395/2014 as amended. The Scheveningen group considers that the exemption should continue to apply after the expiry of the current Regulation.

All scientific information supporting extension of the exemption is added in annex 7.3.1.2. The reason for this de minimis exemption from the landing obligation is to

avoid disproportionate costs of handling unwanted catches, like storing, labour, icing and taking into account the difficulty to increase selectivity for the pelagic fishery targeting mackerel, horse mackerel and herring in ICES areas IV b and c south of 54 degrees north. This exemption is based on scientific evidence provided by the Member States involved in the Joint Recommendation in 2014. This evidence was reviewed at the time by the Scientific, Technical and Economic Committee for Fisheries (STECF). STECF found that the Joint Recommendation presented reasoned qualitative arguments in support of a de minimis exemption on the grounds of disproportionate costs of handling unwanted catches. STECF also noted that the de minimis exemption may provide an incentive for the fleets involved to adapt their behaviour and continue research on ways to improve selectivity. Therefore, the de minimis exemption was granted in accordance with the yearly decreasing percentage levels proposed in the successive Joint Recommendations which were at levels not exceeding those allowed under Article 15(1)(c) of Regulation (EU) No 1380/2013.

Considering that the circumstances have not changed and that the exemption should continue to apply after the expiry of the current Regulation, the Scheveningen Group agreed to request an extension of this exemption for the year 2021-2023 and to maintain the threshold at 1% as for the period 2018-2020.

7.3.2. New request

7.3.2.1.de minimis exemption for blue whiting caught by industrial pelagic trawlers in ICES subarea 4 This point concerns a de minimis exemption as provided for by Article 15(4)(c) of Regulation (EU) No 1380/2013 for blue whiting.

In the framework of the landing obligation in accordance with article 15 of regulation (EU) N° 1380/2013, a de minimis exemption is requested by the members of the Scheveningen Group for blue whiting (Micromesistius poutassou) caught with pelagic trawlers in ICES subarea 4, up to 5% of the total annual catches of blue whiting caught in these fisheries.

The request for an exemption for de minimis is based on article 15.c.ii), due to disproportionate costs a total application of the landing obligation would cause in this fishery. Moreover, this exemption would give consistency, as similar exemptions are already applied in ICES divisions Vb, VI, VII and VIII (North and South Western Waters).

All scientific information supporting extension of the exemption is added in annex 7.3.2.1.

The members of the Scheveningen Group recommend that from 2021 on a similar de minimis exemption for blue whiting (Micromesistius poutassou) should be applied in ICES area 4 as currently already applied in ICES divisions Vb, VI and VII. See Article 3a, point a of Regulation EU° No 1393/2014.

That means that currently a de minimis percentage of the total annual catches of blue whiting (Micromesistius poutassou) in the industrial pelagic trawler fishery targeting that species in ICES divisions Vb, VI and VII, and processing that species on board to obtain surimi base, should apply. That regulation fixed the de minimis percentage up to a maximum of 6 %, in 2018, and 5 %, in 2019 and 2020.

Members of the Scheveningen Group request that for reasons of uniformity in South Western Waters, North Western Waters and the North sea, this exemption should also be applied in the North sea, but for 2021-2023.

This could be done by inserting the following article in the delegated act.

“Article …

De minimis exemption for blue whiting

By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013 up to a maximum of 5 % of the total annual catches of blue whiting (Micromesistius poutassou) in the industrial pelagic trawler fishery targeting that species in ICES subarea 4, and processing that species on board to obtain surimi base may be discarded in 2021, 2022 and 2023”

7.4. Documentation of catches under the exemptions (art 4 of Regulation (EU) No 1395/2014)

This point concerns the documentation of catches under the high survivability exemption referred to in point 7.3.1.1. and the de minimis exemption under point 7.3.1.2.

This means that the quantities of mackerel and herring released under the exemption in the purse seine fisheries falling under the above mentioned survivability exemption and the result of the sampling of surrounded school of fish before its release to estimate the species composition, the fish size composition and the quantity shall be reported in the logbook. This also means that for other exemptions, the quantity of fish discarded under the exemption shall be reported in the logbook.

This condition is applicable in pelagic fisheries until 31 December 2020 on basis of Article 3 and Article 5 of Regulation (EU) NO 1395/2014 as amended.

Considering that the circumstances have not changed and that it is requested that both exemptions should continue to apply after the expiry of the current regulation, Member States concerned agreed to also request that the documentation condition should be extended for the years 2021-2023, in parallel with the extension of the high survival exemption and in parallel with the extension of the de minimis exemption.

As recording of quantities of fish discarded is also a crucial element in the management of demersal fisheries, members of the Scheveningen Group also request that the documentation condition should apply on high survival and de

minimis exceptions in demersal fisheries during the years 2021-2023 in accordance with the Control Regulation (2009/1224).