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

MSC SUSTAINABLE CERTIFICATION Surveillance Visit - Report for SPSG North Sea Herring

4th Annual Surveillance

August 2012

Prepared For: Scottish Pelagic Sustainability Group (SPSG)

Prepared By: Food Certification International Ltd

template version 2.2(20/06/12)

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Assessment Data Sheet

Certified Fishery SPSG North Sea Herring Fishery Management Agency Marine Scotland Sea Fisheries Policy under the EU Common Fisheries Policy Species Herring (Clupea harengus) Fishing Method Mid-water pelagic trawl Certificate Code F-FCI-0002 Certification Date 15th July 2008 Certification Expiration Date 14th July 2013

Certification Body FOOD CERTIFICATION INTERNATIONAL Ltd Findhorn House, Dochfour Business Centre Dochgarroch, Inverness, IV3 8GY, Scotland, UK Tel: +44(0)1463 223 039 MSC Fisheries Department Email: [email protected] Web: www.foodcertint.com

Surveillance Stage: 4th Annual Surveillance Surveillance Date: 15th July 2012

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Contents

1. Introduction ...... 1 2. General Information ...... 2 2.1 Certificate Holder details ...... 2 2.2 General Background about the fishery ...... 2 3. Assessment Process ...... 4 3.1 Determination of Surveillance Level ...... 4 3.2 Dates of Surveillance Visit ...... 4 3.3 Assessment team details ...... 4 3.4 Description of the audit process ...... 4 3.4.1 Scope and History of the assessment ...... 4 3.4.2 Surveillance Activities ...... 5 3.4.3 MSC Standards, Requirements and Guidance used ...... 5 4. Results, Conclusions and Recommendations ...... 6 4.1 Status of Certification ...... 6 4.1.1 Discussion of Findings ...... 6 4.2 Summary of Progress Against Conditions ...... 7 4.2.1 Reporting on Conditions ...... 7 4.3 New Conditions & Recommendations ...... 11 5. Catch Data ...... 12 Appendix 1 – Written Submissions from Stakeholders ...... 13 Appendix 2 - Surveillance Plan ...... 14 Appendix 2.1 Rationale for determining surveillance score ...... 14 Appendix 3 - Changes to Client Action Plan ...... 15 Appendix 4: References ...... 16

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1. Introduction

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

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2. General Information 2.1 Certificate Holder details

Certificate holder: Scottish Pelagic Sustainability Group (SPSG) Address: 1 Firthside Street AB43 9AR

Contact Name: Mr Ian Gatt Chief Executive Tel: +44(0) 1346 510 714 Email: [email protected] Web: http://www.scottishpelagic.co.uk

2.2 General Background about the fishery

The SPSG North Sea herring fishery (Clupea harengus) was assessed according to the MSC sustainable fishery management principles and criteria during May 2007 to July 2008. MSC certification was first awarded on July 9th 2008, and is intended to be valid for 5 years (9th July 2008 to 8th July 2013). The MSC certification covers SPSG refrigerated seawater (RSW) registered pelagic trawler vessels exploiting herring fish within North Sea areas of ICES regions IVa and IVb. Complete details of SPSG North Sea herring fishery’s MSC full assessment, Client action plan, and certification can be access on the MSC website: http://www.msc.org/track-a-fishery/certified/north- east-atlantic/spsg-north-sea-herring/assessment-downloads History of the Fishery The herring fishery in the North East Atlantic and North Sea has a long tradition, stretching back many centuries. The arrival of the railways in the 19th Century heralded a rapid expansion of herring fishing enabling fishermen and agents to deliver their catches to markets much more quickly and expand into continental markets where herring was seen as a delicacy. The Scottish fleet would follow the herring, off the Scottish East coast during winter and spring, off the North coast and Shetland during the summer and, off the coast of East Anglia in autumn. Due to the fatty nature of herring, it had to be cured quickly to prevent it spoiling. So as the fleet followed the shoals, so an army of skilled curers, merchants, and the ‘herring lasses’ followed the fleet from port to port becoming a regular annual feature of ports such as , North Shields, Whitby and Great Yarmouth. As the 19th and early 20th century progressed, the numbers of vessels continued to grow until the Scottish fishing industry became the largest in Europe. The peak of the herring fishery is often seen as being prior to World War I. However, as an indication of the on-going historical importance with respect to Scotland it is notable that within ten months of the formation of the Scottish Herring Producers’ Association on 9 February 1932, the Association

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had no fewer than 3,128 individual members grouped in 13 branches based in ports from East Fife northwards to , across the north coast of Scotland and west as far as Stornoway. During the course of the 20th century the continued expansion and increasing industrialisation of the fleet eventually led to a decline in stock status in the 1960s and early 70s leading to the eventual collapse and closure of the North Sea herring fishery. Although the stock was able to recover, renewed excessive fishing pressure once again led to the decline of the stock and TACs were halved in 1996, bringing into sharp focus the need for good management and responsible exploitation. Since then the stock has had a generally upward trajectory, and management has been able to more effectively restrict landings to prevent a further collapse. Today the Scottish pelagic fleet has undergone considerable consolidation and technical developments resulting in a comparatively small fleet (certainly in a historical context) of large, highly specialized, state of the art RSW fishing vessels. Although these vessels are almost unrecognisable from their drift netting predecessors of the last century, many still bear the same names and licence numbers, are based in the same home ports and are crewed by the same families. Fishery Ownership / Organisational Structure The Scottish Pelagic Sustainability Group (SPSG) was formed in 2007 for the specific purpose of commissioning and supporting the assessment of its fisheries to the MSC standard. The members of the Scottish Pelagic Sustainability Group represent the whole industry, both catching and processing and encompass the whole Scottish pelagic fleet: • Scottish Pelagic Processors Association • Scottish Fishermen’s Organisation Ltd • Scottish Pelagic Fishermen’s Organisation Limited • Shetland Catch Ltd • Shetland Fish Producers’ Organisation Ltd In addition the SPSG encompasses all of the UK's 26 RSW pelagic tank vessels. The secretariat for the group is provided by the Scottish Pelagic Fishermen's Association and Seafood Scotland provide expertise on environmental, sustainability and sourcing issues. All vessels in the the Scottish pelagic industry operate under a code of conduct. Further details on this are available at: www.scottishpelagicsg.org/

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3. Assessment Process 3.1 Determination of Surveillance Level

Please see Appendix 2

3.2 Dates of Surveillance Visit

The 4th surveillance site visit took place in Fraserburgh on 17th July 2012, on 18th July 2012 and on 20th July 2012. Any consequential rescoring was determined by the team at the time of the site visit.

3.3 Assessment team details

The assessment team for this fishery surveillance comprised of Mr Tristan Southall, who acted as team leader and primary Principle 3 specialist; Dr Paul Medley who was primarily responsible for evaluation of Principle 1 and Mr Nick Pfeiffer who was primarily responsible for evaluation of Principle 2. The on-site surveillance visit was carried out by Dr Paul Medley and Mr Tristan Southall.

3.4 Description of the audit process

3.4.1 Scope and History of the assessment This is the 4th surveillance report. Three previous surveillance audits and reports have being completed for SPSG NSH by members of the original assessment team. These surveillances concluded the SPSG Ltd were delivering progress on binding conditions. The anticipated re- certification process will run from 2012 to 2013, with the intention to allow uninterrupted use of the MSC Ecolabel. Further details of SPSG NSH previous surveillances can be viewed by following this provided link http://www.msc.org/track-a-fishery/certified/north-east-atlantic/spsg-north-sea- herring/assessment-downloads Fig 1 - Allocation of weighted scores at Sub-criteria, Criteria and Principle levels

Sourced from original assessment

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As a result of the assessment, five conditions of certification were raised by the assessment team, and maintenance of the MSC certificate is contingent on the SPSG North Sea Herring fishery moving to comply with these conditions within the time-scales set at the time the certificate was issued. In addition, 2 recommendations were made which, whilst not obligatory, the client is encouraged to act upon within the spirit of the certification. These conditions and recommendations are detailed in Section 4.2.1 of this report. 3.4.2 Surveillance Activities What was inspected The 4th surveillance site visit included meetings on board client vessels, meetings at the port control offices in Peterhead where both the VMS system and system for on board CCTV camera surveillance were demonstrated, meetings with 2 of the producer organisations (POs) of the client group, and meetings with key herring scientists at the marine laboratory. Details of meetings held are set out below:

Name Organisation Role Ian Gatt Scottish Pelagic Fishermen’s Association / Scottish Client Pelagic Sustainability Group Ltd (SPSG) Andrew Duthie Klondyke Fishing Company Limited Manager Challenge Skipper Chris Andra Skipper Taits Skipper Stuart McCubbin Marine Scotland (Compliance) Robert Paton Marine Scotland (Compliance) Senior Analyst (Fully Documented Fisheries) Gordon Ingram Lunar FPO Emma Hatfield Marine Scotland (Science) Population Biologist / Sea fisheries Group Leader Nick Bailey Marine Scotland (Science) Sustainable Fisheries Program Manager

The interest of others not appearing on this list was solicited through the postings on the MSC website. Documents referred to » See references. Confirmation that destructive fishing practices or controversial unilateral exemptions have not been introduced There have been no changes in terms of fishing practices which would lead in a change in status of scope and eligibility. No destructive fishing practices or controversial unilateral exemptions have been introduced in this fishery – therefore the fishery’s remains eligible and within the scope of the MSC scheme. 3.4.3 MSC Standards, Requirements and Guidance used This surveillance audit was carried out according to the MSC Fisheries Certification Methodology (FCM) v6.1 and the MSC’s Fisheries Assessment Methodology (FAM) v2.1.

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4. Results, Conclusions and Recommendations 4.1 Status of Certification

At the time of the 4th surveillance audit the fishery is CERTIFIED and continues to be certified as a result of this surveillance audit. 4.1.1 Discussion of Findings Action and progress achieved by the fleet in relation to the conditions of assessment are discussed below in section 4.2. Below the assessors summarise other key changes which have occurred in the last 12 months of relevance to the operation and sustainability of the fishery. Changes to stock status The following short update on stock status is taken from the May 2012 ICES advice for North Sea herring in Subarea IV and Divisions IIIa and VIId (North Sea autumn spawners). All indications are that the stock is in good shape and the level of fishing related mortality remains appropriate. In 2012 the perception of stock status has slightly changed due to a benchmarking of the assessment. The new assessment is considered to be an improvement on previous assessments. Although Bmsy is not identified, the stock is at full reproductive capacity and well above Bpa. Since achieving MSC certification, the stock status has improved to the point where it no longer requires rebuilding, in spite of continued relatively low levels of recruitment and ICES considering the stock to be in a phase of low productivity.

The level of fishing mortality is below both the management plan and the Fmsy target. Although the management plan which was agreed between the EU and Norway in 2008 has been evaluated by ICES as precautionary and appears to have contributed to a rebuilding of stock status and an effective controlling of fishing mortality, it is now due for renewal. This process is now underway. For further details on this process of management plan renewal, see below for the update on progress against conditions 4 and 5. Changes to fleet or operations There have been no significant changes to operational practices. The only change to the certified fleet has been the sale of Prowess (CY 720) in April 2012 to the Plymouth based company, Interfish. The vessel has been laid up since that time. Interfish operate the Shetland based ‘Altaire’ therefore the quota entitlement has been retained. Changes to client organisation There have been no significant changes to the structure, organisation or membership of the client group for this fishery since the last annual surveillance audit. Management or regulatory changes There have been no significant changes in the structure or functioning of the management authorities.

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4.2 Summary of Progress Against Conditions

Table 1: Summary of progress on conditions/recommendations Binding Conditions / Descriptions Status of Progress Recommendations

Condition 1 Record all instances of slippage Successfully closed out Condition 2 Support for research into slipped fish survival rates Successfully closed out Condition 3 Verification that fishery does not contribute to On target overshoot of TAC Condition 4 Support for North Sea herring rebuilding plan Successfully closed out Condition 5 Support for setting TACs within HCR parameters On target

Recommendation 1 ETP log Actioned Recommendation 2 Written Operating Procedures Actioned Recommendation 3 Support implementation of effective Harvest strategy Progressing by 31/12/2012 Sourced from original assessment 4.2.1 Reporting on Conditions Condition 1

Condition 1: Record all incidences of slippage Performance Indicator 1.1.2.1, 2.1.2.2, Delivery Timeline Second surveillance Summary of Issue There is concern about the possibility that slippage related fish mortality in target and non- target species may be higher than currently assessed. Suggested Action Recording of slippage should be in place. Evidence of support for studying slippage survival rates and observer coverage of the Scottish fishery should be provided. Updated status This condition was closed at the time of the 3rd surveillance in 2011. A further update on this condition is therefore not required.

Condition 2

Condition 2: Active support for research into survival rates of slipped fish is provided Performance Indicator 1.1.2.1, 2.1.2.2 Delivery Timeline First surveillance Summary of Issue As a result of Condition 2, SPSG approached Marine Scotland Science – Research to establish if research into survival rates of NS herring or other specie slipped during catch was on- going or planned. SPSG suggest they would welcome the opportunity to participate in such research. Suggested Action If research on slippage survival rates is undertaken, full cooperation and support should be given to the researchers by the SPSG. In addition, the SPSG should actively promote and support such initiative, through the and the Pelagic RAC.

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Updated status This condition was closed at the time of the 3rd surveillance in 2011. A further update on this condition is therefore not required. Changes to condition Because there have been no indications of slippage in the NS herring fishery since the time of the original assessment either from scientists, industry logs, enforcement officers or observers, coupled with logical rationale why slippage is unlikely to prevalent in this fishery (as no price difference on herring size grades), there is no evidence that slippage is a problem. In this context the specific question of slipped herring survival is now seen as a low priority for increasingly scarce research funding. The assessors are therefore of the view that though this could remain useful research, it is no longer considered as a critical issue in this fishery, unless further evidence comes to life in the future indicating that this is a significant risk. For this reason, this condition is downgraded to a recommendation.

Condition 3

Condition 3: Annual verification available the fishery makes no contribution to the overshooting of the TAC Performance Indicator 1.1.4.3 Delivery Timeline On-going over 5 years of certification – evidence annually Summary of Issue During the period of MSC certification total landing of NS herring should be equal to or lower than the quota allocated to the client (including any approved quota swaps). Data from SFPA should be used to verify this progress condition. Suggested Action The SPSG is expected to demonstrate that their vessels do not contribute to overshoot of the TAC.

Progress against interim milestones Officers from Marine Scotland (Compliance) confirm that there have been no issues in this fishery in the last 12 months (or indeed for the period of certification) of over quota landings or under reporting or misreporting. Overall figures for 2011 confirm that the Scottish pelagic fleet continues to fish within its quota entitlement. Changes to condition None Updated status On target – continue to monitor for life of certificate.

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Condition 4

Condition 4: Active support for North Sea herring stock rebuilding plan provided Performance Indicator 1.1.4.2, 1.1.4.3, 1.1.6.1, 1.1.6.2, 1.2.1.1, Delivery Timeline On-going over 5 years of certification – evidence annually Summary of Issue The current Harvest Control Rule has limits and is recognised to be marginally effective in meeting management objectives. The current rule in use at time of full assessment, does not allow the stock to rebuild above the trigger points. Suggested Action SPSG is expected to put full weight behind the rebuilding plan and promotes its adoption at an industry – wide level. SPSG is expected to evidence this participation during surveillance audit immediately following publication of the rebuilding plan.

Progress against interim milestones The North Sea herring stock has rebuilt. Current stock size is well above the target level. The rebuilding plan (in the form of the long term management plan agreed by the EU-Norway meeting of November 2008) has been successful and a new phase of management plan is now under development. The SPSG is now putting its full weight behind the re-evaluation and adjustment of the management plan, in particular through requests from the Pelagic RAC to ICES to examine different management plan parameters. Changes to condition None Updated status On target and closed out

Condition 5

Condition 5: Actively lobby and support for the setting of TAC within the boundaries of the harvest control rule, with fishing mortalities set significantly above the target undertaken Performance Indicator 1.1.4.2, 1.1.4.3, 1.1.6.1, 1.1.6.2, 1.2.1.1 Delivery Timeline On-going over 5 years of certification – evidence annually Summary of Issue The decision makers have shown that they may not keep to the decision rules, but set TAC such that the fishing mortality is significantly higher than the target. This is not consistent with the MSC principles and criteria and has undermined confidence in the decision making process. Suggested Action SPSG should evidence canvassing for action through correspondence with Scottish Government and Pelagic RAC

Progress against interim milestones As in 2011, the 2012 TAC exceeded the permitted inter annual variation (IAV) of 15% stipulated in the management plan. However, the 2012 TAC is still within the HCR’s intended fishing mortality where the constraining IAV is not applied. The 2012 TAC corresponds to a target fishing mortality of 0.25 corresponding to the Fmsy proxy. As such, the TAC for 2012 in in line with both the MSY and precautionary approach. The EU–Norway agreement calls for a review of the current plan no later than December 2011. With the current rate of increase in the stock size, the main unsatisfactory issue relative to achieving

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simultaneous stable and high yields appears to be the 15% inter annual variability limit on TAC change (ICES Advice 2011, Book 6). Paragraph 5 of the November 2008 agreed management plan is not being applied and therefore the current plan does not appear to be functioning as intended or receiving complete stakeholder support. This is as a result of rapidly increasing spawning stock biomass, which is now considerably above the trigger point. Any IAV restriction will always be problematic when a fishery is clearly trending as opposed to fluctuating around a mean, regardless of the direction of that trend, unless the trend is shallow enough for the IAV to enable appropriate response. The need that ICES identified in 2011 for a review of the current management plan is supported by industry and the pelagic RAC have now specifically requested that ICES undertake this review. In this instance it appears the plan is being revised in an appropriate manner and is likely to be finally agreed at the annual EU-Norway negotiations later in the year, perhaps in time for the determination of fishing opportunities in 2013. When concern was raised at the time of the last annual surveillance about the failure to fully adhere to the management plan (i.e. to not apply the IAV), a further recommendation was added to support the evaluation and correction of the harvest control rule. SPSG and the pelagic RAC have done this and ICES are currently working on a revision to the HCR. It is expected that by 2013 a revised harvest control rule is likely to be in place. Changes to condition None Updated status On Target

Recommendation 1 - Endangered, Threatened, and Protected species (ETP) SPSG vessels should record vessel interactions with any seabird and marine mammals. Contacts should be made with SMRU to find out how such information may be recorded and what other help might be provided. The situation is as at the time of the last surveillance audit: SPSG actions on this recommendation include implementation of The SPSG Standard Operating Practices Promoting Responsible Fishing. This Operating manual provides SPSG fishers with information and photos for identifying ETP species, and recording instances of interaction with ETP species. Data sheets provided by SPSG on interaction with ETP species indicate there were no interactions, injury or mortalities of ETP species with the fishing operation. Discussion with Marine Scotland Science at-sea-observer corroborates that no ETP species interactions were observed in the past and if any interactions were to occur when observers were on board this would be recorded and passed to SMRU. ICES advice 2012 reports that by-catch of marine mammals is low. SMRU are now focusing research and observation of other fisheries considered to be of higher risk – notably in non-pelagic fisheries in South West England and now consider this fishery to be low risk for marine mammal catch. SPSG is considered to have fully actioned this recommendation.

Recommendation 2 - Prepare and Implement written operating Procedures The SPSG should formally place on record current vessels operating guidelines in the form of a vessel operating manual to incorporate the founding principles of the SPSG as detailed at

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http://www.scottishpelagicsg.org/. This manual should include procedures to be applied to address the conditions of certification, detailed above. This should include details in respect of the identification of herring shoals – and communication in event of slippage, the recording of occurrence and nature of slipping, and the recording of any interaction with ETP species. SPSG provided copy of Operating practices manual that is embedded for use among fleet members. The SPSG operating manual included principles as detailed on SPSG website (http://www.scottishpelagicsg.org/ ) and guidelines for » carrying out Pre- fishing sampling » standard communication in the event of unsuitable or poor quality » recording and reporting sightings and interaction with ETP species » identification of fish shoals. SPSG is considered to have fully actioned this recommendation. Recommendation 3 (New in 2011): Support implementation of effective Harvest strategy by 31/12/2012 The SPSG is encouraged to support the further development of the management plan which can be adhered to whether the stock is increasing or decreasing, and has been tested and declared precautionary by the relevant fishery scientists. This recommendation is progressing as detailed above in relation to condition 4 and 5. Ian Gatt of the SPFA / SPSG took part in fisheries consultations between the EU and Norway on the review and possible revision of the long term management plans for cod, saithe and herring in the North Sea, which was held in , Orkney (UK) in June 2012. The agreed record of this meeting confirms that agreed options for an updated management plan have been passed to ICES for evaluation. Industry support for this re-evaluation of the management plan is clear and comes on top of requests from the Pelagic RAC to ICES to explore options for stabilization mechanisms to be applied to the long term management plan, which do not impact on long term sustainable yield. The assessors are of the view that SPSG and the pelagic industry are fully engaged, through appropriate forums in the process of further development of the management plan.

4.3 New Conditions & Recommendations

None

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5. Catch Data

The most recent completed fishing year was 2011. Data is presented below on the level of TAC, quota and landings in this period: Table 2 - Catch Data

Total TAC for most recent fishing year (2011): 200,000t EU share of TAC for most recent fishing year (2011) 115,464 UK Share of TC for most recent fishing year (2011) 29,832 UK Final TAC allocation after swops / deductions etc: 27,807 Unit of Certification share of the total TAC established for the fishery in most recent fishing year*

UoC 1 27,807 Client share of the total TAC established for the fishery in most 27,807 recent fishing year:

Total greenweight catch taken by the client group in the two 18,589 (2011) most recent calendar years: 15,477 (2010) * To be added into MSC database for each Unit of Certification Source: Fishery client

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Appendix 1 – Written Submissions from Stakeholders

None

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Appendix 2 - Surveillance Plan

Table A2.1: Fishery Surveillance Plan Score from CR Surveillance Year 1 Year 2 Year 3 Year 4 Table C3 Category On-site On-site On-site On-site surveillance Normal surveillance surveillance surveillance 2 or more audit & Surveillance audit - audit - audit - recertification Completed Completed Completed site visit

Appendix 2.1 Rationale for determining surveillance score

Undertaking annual surveillance audits to provide an update on progress made against conditions or to report on any changes in status or circumstance in a fishery has been a routine part of the MSC certification scheme since its inception. In more recent certification requirements stipulated by the MSC, there is recognition that the level of the original scoring and the number of the original conditions should be used to determine the frequency and rigor of a fisheries surveillance programme and the MSC provide guidance on how to determine an appropriate level of surveillance. In the case of the SPSG North Sea Herring fishery, as a result of the 5 conditions and principle level scores below 85, it is determined that a normal level of surveillance is necessary, meaning an annual on site visit is required, and there are no grounds for a reduced level of surveillance. This 4th annual surveillance therefore follows this requirement.

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Appendix 3 - Changes to Client Action Plan

None

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Appendix 4: References

ICES (2012). Advice Herring in Subarea IV and Divisions IIIa and VIId (North Sea autumn spawners). Book 6.4.16. May 2012

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