Sven Sebastian Uhlmann Clara Ulrich Steven J. Kennelly Editors The European Landing Obligation Reducing Discards in Complex, Multi-Species and Multi-Jurisdictional Fisheries The European Landing Obligation Sven Sebastian Uhlmann • Clara Ulrich Steven J. Kennelly Editors The European Landing Obligation Reducing Discards in Complex, Multi-Species and Multi-Jurisdictional Fisheries Editors Sven Sebastian Uhlmann Clara Ulrich Flanders Research Institute Technical University of Denmark for Agriculture, Fisheries and Food Kgs. Lyngby, Denmark Oostende, Belgium Steven J. Kennelly IC Independent Consulting Cronulla, NSW, Australia ISBN 978-3-030-03307-1 ISBN 978-3-030-03308-8 (eBook) https://doi.org/10.1007/978-3-030-03308-8 Library of Congress Control Number: 2018966345 © The Editor(s) (if applicable) and The Author(s) 2019. This book is an open access publication. 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This Springer imprint is published by the registered company Springer Nature Switzerland AG The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland For all who are interested in sustainable fisheries Foreword In 2011, European policymakers initiated a major reform of the Common Fisheries Policy (CFP) to improve the Union’s fisheries management system, a challenge that proved necessary given the state of fish stocks in European waters. Balancing environmental and socio-economic objectives in fisheries management was imper- ative. The main objective of the reform was therefore to ensure the preservation of marine resources while increasing the competitiveness of European fishing fleets. These two aspects are not antagonistic but complementary, because the preservation of fisheries resources constitutes a prerequisite for a successful fishing sector. This principle has been assimilated by fishers, who also understood that an overhaul was necessary to ensure the sustainability of their activities. There is no need to remind the reader that the task incumbent on the European Parliament and the Council was far-reaching. After months of intense institutional negotiations, the revised CFP was introduced in 2013, articulated as two flagship measures: (i) reach the objective of maximum sustainable yield (MSY) in 2020 and (ii) introduce the Landing Obligation. Whether or not we consider the Landing Obligation as being adapted to the overall objectives of the CFP will not be the subject of my remarks. Whilst it is crucial that the Union’s fisheries management system should improve selectivity of catches and so contribute to the sustainability of fisheries, I have personally been a long-time opponent to the obligation to land. But only time will tell whether this measure will prove successful. If the means of action might be controversial and open to debate, the overall sustainability objective is undeniable. For the past 5 years, we have gradually introduced the measures necessary for the implementation of the CFP. In 2015, I was acting as the rapporteur for the imple- mentation of the Landing Obligation (omnibus regulation) where my objective was to ensure a smooth transition for the fisheries sector while respecting the principle of sustainability and preservation of marine resources. The CFP imposes a step-by-step organisation of the Landing Obligation with full implementation on 1 January 2019. This represents a huge challenge for both the fisheries sector, the legislators and the scientific community, whose support are essential to ensure the implementation of the Landing Obligation. vii viii Foreword The scientific community is a crucial ally in this process and plays a central role in helping fishers and the sector to adapt to the Landing Obligation through innovative means. The Landing Obligation has been the subject of a lot of scientific research, regarding both its relevance and feasibility as well as the means to achieve it. The Committee on Fisheries that I chair at the European Parliament was regularly informed of the latest studies available. The main observation about the Landing Obligation remains the same: it will be hard to implement and will require a lot of mobilisation from the sector. The Landing Obligation may lead to clear socio- economic consequences for the fisheries sector. A major challenge is the so-called choke effect in mixed fisheries. This matter has real socio-economic consequences for many fisheries. Therefore, significant efforts must be made in research and development to ease the implementation of the Landing Obligation. For the Landing Obligation to prove successful, another crucial aspect must be taken into account – an appropriate and effective control regulation. Without proper control and enforcement, the Landing Obligation will fail in its objectives and will not fulfil its expectations. Scientific research and new technologies will also be very helpful in that area. Once again, I would like to underline the importance of science in designing a sustainable fisheries management system. Reliable scientific data is a key component of the CFP. In that sense, scientists work in a remarkable way to help create a better understanding of maritime resources and ecosystems. The Landing Obligation is an example of the close interaction of the scientific community with the CFP, as shown by this book. European Parliament, Brussels, Belgium Alain Cadec August 2018 Preface The Common Fisheries Policy of the European Union was reformed in 2013 to improve the conservation of marine biological resources and the viability of the fishing sector and reduce unsustainable fishing practices (European Union 2013). One of the cornerstones of the reform is Article 15 (termed the Landing Obligation, LO), stipulating the obligation to bring to land all catches of quota- or size-regulated species with the overall aim to gradually eliminate discards. The United Nations Food and Agricultural Organisation’s (FAO) Fisheries Glos- sary (FAO 2018) describes discards as the proportion of the total organic material of animal origin in the catch, which is thrown away or dumped at sea, for whatever reason. It does not include plant material and post- harvest waste such as offal and bycatch as the part of a catch of a fishing unit taken incidentally in addition to the target species towards which fishing effort is directed. Some or all of it may be returned to the sea as discards, usually dead or dying. Bycatch and discards may be dead or alive, depending on the severity of any sustained injury and stress suffered by being caught and discarded (Davis 2002). Globally, it has been estimated that between 7 and 10 million tonnes of commer- cial fisheries catches are discarded annually (Kelleher 2005; Zeller et al. 2018). In Europe, the North-East Atlantic and North Sea have been identified as “discard hotspots” with a number of discard-intensive fisheries operating in the area (Guillen et al. 2018). The levels of discards vary across regions, species and fisheries (Uhlmann et al. 2013; Catchpole et al. 2017), and the reasons for discarding usually fall within four categories: (i) fish are too small (minimum size restrictions), (ii) quota restrictions (no right to land), (iii) low market value and/or (iv) fish are damaged. Discarding possibly contributes to European fish stocks being fished at levels above those delivering maximum sustainable yields (MSY), and that total removals are, at least for some fisheries, higher than reported due to unreported landings and discards (IUU; Zeller et al. 2018). ix x Preface To reduce unwanted catch, European institutions have developed and introduced the Landing Obligation (LO) policy whereby catches of regulated species in European waters, or by Union vessels in international waters, must be brought back to shore and are deducted from applicable quotas, unless exempted. Paradoxically, under the LO, fishers are asked to potentially increase mortality of unwanted catches by bringing them to shore instead of discarding them at sea (Borges 2015). The reasoning behind this is that bringing in unwanted catches of very low market value will incur additional costs, and this should incentivise fishers to avoid catching them in the first place (European Commission 2012; Condie et al. 2013). But until this happens, there remains a risk that fishing mortality will increase under the LO instead of decreasing. Due to the LO, for the first time in its history, the Common Fisheries Policy is shifting its focus from landed catches to all catches, including discards. Deducting unwanted catches from quota shares increases variability in fishing opportunities, especially in mixed, multispecies fisheries.