The North Sea Regional Advisory Council Nephrops Focus Group, Edinburgh 22nd January 2014. Paper 4.1 For Discussion A Long Term Management Plan for North Sea Nephrops Working Draft 15th January 2014 Revised Nephrops LTMP Page 1 24/03/2016 Table of Contents 1. The Scope of the Long Term Management Plan 3 2. Objectives of the Long Term Management Plan Objective 1 Objective 2 Objective 3 Objective 4 Objective 5 Objective 6 Objective 7 Objective 8 3 3 3 4 4 4 4 4 5 3. Summary of the Long Term Management Plan 5 4. The Approach adopted by the Management Plan Achieving sustainability Functional Units Economic and business considerations 8 8 9 9 5. Targets for the Management Plan Setting overall targets Wider ecological targets Economic targets 9 10 11 14 6. Measures to meet the targets Biological instruments Managing fisheries within Functional Units A draft Fishing Plan for the Farne Deeps Wider ecological instruments 15 15 16 17 20 1. 2. 3. 21 22 22 Discards: meeting the Landings Obligations Reducing impacts on endangered, threatened and protected species Reducing damage to the seabed and vulnerable organisms Economic instruments 24 7. Monitoring of the management plan 24 8. Mixed fishery considerations & linkages with other management plans 25 9. Future institutional structures 26 10. Research and Monitoring 27 11. Uncertainties 29 12. Timeframe 30 Revised Nephrops LTMP Page 2 24/03/2016 1. The Scope of the Long Term Management Plan This Long Term Management Plan (LTMP) is intended to set out clear objectives and a range of options for managing the Nephrops fisheries of the North Sea, Skagerrak and Kattegat. The overall goal is to ensure that further development and improvement in the Nephrops fisheries can take place in a sustainable way, without affecting natural resources adversely. The plan has been prepared at a time when reforms to the CFP have been agreed. Those reforms are expected to lead to a greater degree of self-management of fisheries within the North Sea. It is hope that these reforms will lead to the adoption of a “stewardship” approach; where authorities delegate management responsibilities to stakeholders within set limits, while retaining the right to intervene if the fishery moves in a damaging direction. There is also a move towards a regional approach, where fisheries management in particular regional seas will be led by appropriate member states. This management plan has anticipated those changes and is intended to work within a new, reformed, regional CFP, where participation of fishers and other stakeholders in fisheries management has become accepted. Individuals and communities must be involved in any management decisions that will significantly affect them. In developing this plan for the Nephrops fisheries the NSAC has aimed at a plan that has industry “buy in”. The plan has been developed from discussions with fishers and other interested parties, including those responsible for accrediting the Nephrops fisheries. 2. Objectives of the Long Term Management Plan The new basic regulation requires that Management Plan objectives are consistent with objectives set out in Article 2 and with the relevant provisions of Articles 7 and 9. This Management Plan follows that requirement. Objective 1 This Management Plan aims to ensure that fishing activities are environmentally sustainable in the long-term and are managed in a way that is consistent with the objectives of achieving economic, social and employment benefits, and of contributing to the availability of food supplies. It aims to meet biological and ecological objectives whilst ensuring that fishing businesses are prepared for the economic stresses that are inevitable when exploiting a variable natural resource in an uncertain global economy. Objective 2 This Management Plan adopts a precautionary approach to fisheries management. It aims to ensure that exploitation of living marine biological resources restores and maintains populations of harvested species above levels that can produce the maximum sustainable yield (MSY). The Plan accepts that the MSY exploitation rate is to be Revised Nephrops LTMP Page 3 24/03/2016 achieved by 2015 where possible and at the latest by 2020. Where there are insufficient data to determine MSY targets it is committed to measures based on the precautionary approach, ensuring at least a comparable degree of conservation. The Plan sets quantifiable targets for both fishing mortality rates and spawning stock biomass, with clear time frames to reach the quantifiable targets. Conservation reference points are employed, consistent with the objectives set out in Article 2 of the new basic regulation. Instruments are set out in the Plan, in terms of conservation and technical measures to be taken in order to achieve the targets. Objective 3 This Management Plan is intended to be firmly based on the best available scientific, technical and economic advice and is committed to the collection of additional scientific data where that is appropriate. Objective 4 This Management Plan is aimed at progressively eliminating discards, taking into account the best available scientific advice, by avoiding and reducing as far as possible unwanted catches and gradually ensuring that catches are landed. It also emphasises the importance of making the best use of unwanted catches. The Plan takes full account of the newly formulated Landings Obligations. Objective 5 This Management Plan aims to provide conditions for an economically viable and competitive fishing capture and processing industry. It recognises that there is a real challenge in developing plans for sustainable fisheries that are biologically and ecologically orientated but also fleet orientated. The Plan is intended to bring together biological, ecological and business related factors. Objective 6 This Management Plan is intended to take full account of the position of coastal communities and the need for a fair standard of living for those who depend on fishing activities. It also aims to contribute to an efficient and transparent internal market for fisheries products and contribute to ensuring a level playing field for the marketing of fisheries products. Objective 7 Revised Nephrops LTMP Page 4 24/03/2016 This Management Plan has adopted the objective of achieving a good environmental status by 2020, as set out in the Marine Strategy Framework Directive. Objective 8 The Long Term Management Plan is intended to be multi-annual, and to last for ten years, with regular review. It is designed to be adaptive and capable of being adjusted to match any major change in circumstances. It is also intended to be compatible with, and interdependent on, other management plans. Once the Plan is agreed and put into operation then progress with implementing it will be monitored. 3. Summary of the Long Term Management Plan (NB This is provisional and will be revised once the Plan is nearer completion) In the table below we summarise the proposals contained within this Long Term Management Plan for the North Sea Nephrops fisheries. The actual targets and instruments are set out in more detail later. The overall goal: To ensure that further development and improvement in the Nephrops fisheries can take place in a sustainable way, without affecting natural resources adversely. Fishing must be at a level that will allow Nephrops and other stocks to renew themselves, whilst ensuring an economically viable fishing industry. Biological Targets Instruments The Nephrops fisheries as a whole must move progressively towards lower fishing mortalities and higher yields. An F should be set of between F0.1 and Fmax for each of the Functional Units and the TAC for the North Sea should be consistent with that value. The target F would be reached gradually, through incremental annual reductions in fishing mortality with the overall aim of achieving Fmsy by 2020. Nephrops in the North Sea should be exploited at rates that are sustainable by setting a TAC based on a target fishing mortality (F) consistent with Fmsy and set for each of the Functional Units In the absence of an agreed value or proxy for Fmsy then an F between F0.1 and Fmax (and an equivalent harvest ratio) should be used as a precautionary target fishing mortality Revised Nephrops LTMP If stock abundance falls to a level at which recruitment is likely to be significantly impaired, then F should be reduced in line with the reduction in stock size indicated by the underwater TV surveys. If recruitment improves and stock size increases, then F Page 5 24/03/2016 In the absence of immediate biological risk to any of the stocks assessed by underwater TV, then the target F should be reached gradually, in an incremental way Should stock size fall below a level at which recruitment is likely to be significantly impaired then F should be reduced in line with the reduction in stock size indicated by the underwater TV surveys should be increased through agreed procedures for setting TACs. A biomass trigger point (Bbuff) would be set that will prompt a revision of the target value for fishing mortality in the event of a major change in stock size. Advice should be sought from ICES on how a trigger level might be set and how an appropriate new value might be arrived at for circumstances where Nephrops become substantially less, or more, abundant. Should stocks increase the F should be increased in line with the increase in stock size shown by the UWTV surveys up to the agreed Fmsy proxy A trigger point should be established to enable fishing mortality to be adjusted in the event of a sudden collapse or increase in the stocks. The trigger point might be based on results from the underwater TV surveys and the size distribution of Nephrops in the catches. It would not be sufficiently precautionary to use Btrig as the trigger to invoke management measures; another measure above Btrig is needed. Management at the Functional Unit level should be achieved through the adoption of specific management measures for vulnerable Functional Units. Those measures should reflect the particular circumstances on those grounds. Fishing mortality upon Nephrops must be properly monitored and controlled A TAC should be set for the North Sea as a whole, consistent with the aggregated assessments for the individual Functional Units. Management at the Functional Unit level should be achieved not through the setting of individual TACs but through the adoption of specific management measures for the Functional Units. Specific measures for management of the Functional Units should be dealt with through Fishing Plans, tailored to each Unit. Each plan will propose measures for limiting fishing pressure. The measures to be adopted for a particular Functional Unit would be prepared and proposed by the regional management body, through a Fishing Plan, with the support and participation of the fishers who fish that ground, and other stakeholders, and subject to evaluation by STECF. Where there is a lack of information on the fishery or the stock the Fishing Plan should include proposals to remedy that deficiency. Ecological targets Instruments Reduce discards of both Nephrops and whitefish in the fishery Instruments for reducing discards must be formulated to meet the new Landings Obligations. Measures will differ for different fleets. Use will be made of flexibilities under Article 15. Minimise damage to threatened, endangered and protected species Minimise impacts on benthic habitats and associated communities. Revised Nephrops LTMP Page 6 24/03/2016 It is for fishers to adopt measures for reducing discards and by-catches. It will be their responsibility to: Ensure that all relevant catches are landed Reduce the level of unwanted catches to the lowest level possible Ensure that the Landings Obligations are met Other management measures include: Identifying and implementing Marine Protected Areas. These include ‘real-time’, seasonal and permanent closed areas Restricting the range of gears that can be used in vulnerable areas (including creel only areas) Promoting the development of environmentally friendly fishing practices, for example gears with less bottom contact, larger meshes and better selectivity profiles Improving data recording systems to identify capture and damage to endangered, threatened and protected species Safe and speedy return to the sea of endangered and threatened species Economic targets Instruments Provide incentives for fishers to move the fishery in the direction of lower fishing mortality while enabling them to meet their own business aims and objectives It is for member states, producer organisations and fishing businesses to decide how to deal with changing economic pressures. Avoid regulation that makes fleets less efficient or provides perverse incentives which act to the detriment of the fishery and the Nephrops stock There are no specific economic instruments that require to be imposed by this management plan. However, in meeting the biological and ecological objectives it is important to avoid regulation that makes fleets less efficient or provides perverse Revised Nephrops LTMP Page 7 24/03/2016 Any change imposed on the fishery to meet biological and ecological objectives must take place at a rate that can be absorbed by individual businesses and communities incentives that act to the detriment of the fishery and the Nephrops stock. It is also important to provide incentives for individual fishers to change to meet new business aims and objectives. Measures imposed on the fishery to meet biological and ecological objectives must take place gradually 4. The Approach adopted by the Management Plan Achieving sustainability The Report on Long-term Management of North Sea Fisheries, produced from a workshop held in Edinburgh in March 2006 by the NSRAC, pointed out that it is only by taking account of ecological, economic, and social factors within an appropriate institutional structure that development can continue without exhausting natural resources. The report went on to point out that the overall goal of achieving sustainable fisheries could not be achieved by prioritising any one of the components of sustainability to the exclusion of others – for example targeting a high biomass or making profit maximisation the only goal. All aspects of sustainability have to be considered together. This point was also a theme of the Net Benefits Report from the UK Cabinet Office. There is a management jigsaw, where all the separate issues must mesh together to create the overall picture: The main biological objective is to avoid over-exploiting the resource. Nephrops in the North Sea must remain at or close to their full reproductive capacity and must be kept away from a state where they would be unable to replace themselves. There must be a low risk of the stocks showing a reduced production potential. Stocks must be well above the lowest observed levels of biomass. Revised Nephrops LTMP Page 8 24/03/2016 Within the North Sea there is a risk that a recovery of whitefish stocks, and especially cod, may result in increased predation upon Nephrops, leading to a decline in the available resource. The management objectives must deal with such multi-species interactions. Functional Units Currently, in the North Sea, Nephrops stocks are divided into eight separate Functional Units (FUs). A major management consideration for Nephrops stocks is whether management should be at the FU level rather than a North Sea level. Advice from ICES and STECF has been that current management of Nephrops in the North Sea (both in terms of TACs and effort) does not provide adequate safeguards to ensure that local effort is sufficiently limited to avoid depletion of resources in the FUs. Catches can be taken anywhere in the North Sea and vessels have the flexibility to move between grounds. They have warned that this freedom, although it permits flexibility for fishing vessels, may lead to unacceptably high harvest rates from some of the FUs. A key element of this Long Term Management Plan is therefore the preparation of Fishing Plans for Nephrops FUs in the North Sea. A fishing plan describes in detail the way in which FUs are to be managed and exploited. Each Fishing Plan is intended to meet the management needs of the particular FU. This Management Plan concludes that management at the FU level through Fishing Plans will provide the necessary controls to ensure that catch opportunities and effort are compatible and in line with the scale of the resources in each of the stocks defined by the FUs. At the same time they also provide flexibility for the fleets to move between grounds. Economic and business considerations Fishing fleets should be economically resilient, with an ability to withstand changes in their circumstances. Economically, fishing businesses must be able to rely on a sustainable level of profit. There is currently a need to rationalise and harmonise various fisheries management measures and regulations, many of which currently make fleets less efficient and threaten profits. Socially, it is preferable for changes in management to take place at a rate that can be absorbed by businesses ports and communities, especially if change is imposed through regulation. It is also important for stakeholders to be involved in any decisions that will have significant impact upon them. One important aim of this Plan is to achieve a modern, safe, fishing fleet that is earning profits. However, this document is a fisheries management plan, not a business plan. The fleets themselves are very diverse and conditions in member states differ. Although this plan will set out some general economic guiding principles, it will not be prescriptive in defining economic measures to be taken by member states, producer organisations or fishing businesses. 5. Targets for the Management Plan Revised Nephrops LTMP Page 9 24/03/2016 Setting overall targets An important role of the plan for North Sea Nephrops must be to match overall fishing capacity to the long-term sustainable yield. Fishing must be at a level that will allow Nephrops stocks to renew themselves. Although the long held view was that the Nephrops stocks in the North Sea did not appear to be over exploited, more recent stock assessments have highlighted evidence of a trend of decline in two particular FUs (Farne Deeps and Fladen). The Farne Deeps FU has displayed signs of a reduction in abundance since about 2007 and both underwater TV surveys and anecdotal evidence from the Fladen ground illustrate a decline since 2012. One objective might be for the Nephrops fisheries on those stocks to be reduced, reducing the rate of fishing mortality. In the Fladen, however, this strategy may not deliver an increase in abundance as fishing pressure has been below Fmsy for the time series; even under constant fishing mortality, the size of the stock will vary due to fluctuations in recruitment and the environment, including predator species. The overall objective must be to match fishing capacity to a longer-term sustainable yield, whilst accommodating fluctuations in the state of the stocks but it must be acknowledged that fishing pressure is not the only determining factor on the state of the stock. The most recent assessments for all units is described in Table 1, below. Table 1: Status of the North Sea stocks in 2012. ICES Division IIIa IVb,c IVb IVa IVb Iva IVa IVa IVb IVb FU Name 3 and 4 5 6 7 8 9 10 32 33 34 Skagerrak and Kattegat Botney Gut – Silver Pit Farne Deeps Fladen Ground Firth of Forth Moray Firth Noup Norwegian Deep Off Horn’s Reef Devil’s Hole F in relation to SSB in relation MSY (Fmsy) to MSY (Btrig) Appropriate Data limited Above Below Below Below Above Above Above Above Data limited Data limited Data limited Data limited The Nephrops fisheries within the European Union are governed by the key policy goal of achieving MSY by 2015 and, due to this, advice is presented in terms of the fishing mortality to achieve MSY (Fmsy) and the spawning stock biomass to reach MSY (Bmsy). Reliable proxies for these values are available for the key FUs with precautionary data deficient protocols in use for those with less reliable information. Btrig is used as a biomass reference point in the same way as Blim in many white fish fisheries, and is the lowest observed abundance or the abundance of which the stock has considered to be experiencing reduced recruitment. Revised Nephrops LTMP Page 10 24/03/2016 In the North Sea the cod, a species that preys upon Nephrops, is moving from a level of low abundance to one of higher abundance. It is necessary to take account of species interactions and other changes to the ecosystem that may have a significant effect in the future upon Nephrops stocks. Ecological systems are dynamic and unpredictable with major effects, for example from climate change, which cannot be influenced by man. Management systems and management plans must be robust in the face of uncertainty. They must be adaptive and capable of changing with circumstances. Fishers are sceptical over risks to Nephrops stocks from a recovering cod stock. However, they accept that there might be other circumstances under which particular stocks become highly depleted, for example as a result of environmental change. It is acknowledged by fishers that it would be useful to set a trigger point to enable fishing mortality to be adjusted in the event of a sudden collapse or increase in the stocks. The trigger point might be based on results from the underwater TV surveys and the size distribution of Nephrops in the catches. However, it would not be sufficiently precautionary to use Btrig as the trigger to invoke management measures; another measure above Btrig is needed. This Management Plan suggests the designation of different trigger point (Bbuff) for this purpose. Taking all the above considerations into account we are proposing the following biological targets for the North Sea Nephrops fishery: To maintain the biomass of each functional unit at a sustainable level, above Btrig To exploit Nephrops in the North Sea at a rate that is sustainable and consistent with Fmsy. A biomass trigger point (Bbuff) should be set that will prompt a revision of the target value for fishing mortality in the event of a major change in stock size A TAC should be set for the North Sea as a whole, consistent with the aggregated assessments for the individual FUs Management at the functional unit level should be achieved not through the setting of individual TACs but through the adoption of specific management measures for vulnerable FUs or for FUs for which there are few data. Those measures should reflect the particular circumstances on those grounds. Measures for the individual FUs would be developed through the preparation of Fishing Plans for vessels and fleets fishing the designated FUs. Wider ecological targets Ecological sustainability is an important aspect of this Management Plan. Management practices must be set so as to maintain ecological processes and minimise impact on other species and on habitats for the benefit of future generations. This aspect of the plan should be complementary to the other aspects of the plan. Ecological objectives must be part of the overall strategy. Revised Nephrops LTMP Page 11 24/03/2016 The Marine Strategy Framework Directive establishes a framework for member states to take steps to achieve or maintain good environmental status in their marine waters by 2020 at the latest. Good environmental status is to be determined on a regional seas basis – in this case for the Greater North Sea. The Member States sharing a marine region or sub-region are obliged to cooperate to ensure that the Directive’s objectives are achieved. The overall goal of the Directive is to conserve marine ecosystems and, where practicable, restore marine areas that have been damaged by preventing and eliminating pollution and by protecting our waters from any adverse effects of human activities. The Directive was transposed into Member States’ legislation in 2010. It required there to be: An assessment of the current state of the seas by July 2012 A detailed description of what Good Environmental Status means, and the development of targets and indicators by July 2012 Establishment of a monitoring programme to measure progress towards GES by July 2014 Establishment of a programme of measures for achieving GES by 2016 In September 2010 the Commission adopted a series of criteria for maintaining GES. From a fisheries standpoint these criteria require: Descriptor 1: Biological diversity is maintained. The quality and occurrence of habitats and the distribution and abundance of species are in line with prevailing physiographic, geographic and climatic conditions. Descriptor 3: Populations of all commercially exploited fish and shellfish are to be within safe biological limits, exhibiting a population age and size distribution that is indicative of a healthy stock. Descriptor 4: All elements of the marine food chain are to occur at normal abundance and diversity and at levels capable of ensuring the long-term abundance of the species and the retention of their full reproductive capacity Descriptor 6: Sea-floor integrity is to be at a level that ensures that the structure and functions of the ecosystems are safeguarded and benthic ecosystems, in particular, are not adversely affected. Descriptor 9: Contaminants in fish and seafood for human consumption are at levels not giving rise to pollution effects For all these descriptors, member states are proposing their own monitoring programmes to measure progress towards achieving and maintaining Good Environmental Status (GES) in their seas by 2020. The final stage is the implementation of management measures to achieve GES by 2020. These have to be developed by 2015 and Revised Nephrops LTMP Page 12 24/03/2016 implemented by 2016. Each stage of the implementation process then has to be reviewed every 6 years, and if necessary updated. A key requirement of the Directive is that European Member States must take a coordinated approach to implementation, cooperating with other Member States in the relevant Marine Region or sub region to ensure each element of their marine strategies is coherent and coordinated. One of the sub regions is the Greater North Sea, including the Kattegat and the English Channel. It is clear that with implementation of the Marine Strategy Framework Directive there is a need to reduce the impact of the Nephrops fishery on threatened endangered and protected species, as well as the effects of bottom disturbance from Nephrops trawls upon habitats and sensitive benthic communities. Parts of the seabed with a soft substrate, where Nephrops are found, are highly diverse, productive and of high ecological value. An important aspect of this Nephrops fishery Management Plan must therefore be to minimise impacts on the ecosystem. Steps will need to be taken to protect vulnerable species and habitats. The seabed must receive particular attention, and animals that are not being fished for, but which might be badly affected by the fisheries, will need to be protected. Achieving overall ecological sustainability is also important. Management practices must be set so as to maintain ecological processes and minimise impact on other species and on habitats for the benefit of future generations. ICES has already stressed that it is important that emerging year classes of other species of fish should not be subject to mortality as by-catch in the Nephrops fishery. The imposition of catch composition rules and the application of measures to improve the selection of Nephrops gears is currently intended to reduce the risk of catching whitefish unnecessarily. Vessels legitimately targeting Nephrops may catch quantities of haddock, whiting and cod but they may be forced to discard marketable fish to comply with catch composition rules. Catch composition rules are seen by fishers as unnecessarily restrictive. Fish are not caught in neat numerical proportions and the setting of catch composition rules leads inevitably to discarding. Fishers and others have asked that consideration be given to alternative solutions. Recently, the European Commission has established Landings Obligations (a discard ban) to be implemented in three steps: pelagic species in 2014 (including in the Mediterranean), most valuable demersal species (cod, hake and sole) in 2015, and other species in 2016. The Commission has also put forth a proposal regarding how fishing in the Skagerrak should be regulated, including a ban on the discarding of fish. It will be necessary for this NSRAC management plan for Nephrops to be adjusted as these initiatives develop. This Management Plan identifies three targets to achieve these ecological goals: Reduce discards in the Nephrops fishery and observe the Landings Obligations Minimise damage to endangered, threatened and protected species Minimise impacts on benthic habitats and associated communities. Revised Nephrops LTMP Page 13 24/03/2016 Common to each of these objectives is a long-term aim of reducing fishing pressure on non-target species by whatever means are available. The development and implementation of environmentally friendly fishing gear and fishing practices must be encouraged to minimise impacts on the ecosystem. An important requirement is to Improve data recording systems to identify capture and damage to endangered, threatened and protected species and also to define the spatial footprint of the fishery as a whole. Economic targets One of the starting points for the fishers consulted in the preparation of this plan was what has this plan got to do us, and what will it do to keep fishing communities alive? If it results in still more restrictions upon fishing then there will be no fishing communities. The main economic aim for any fishery must be to achieve economic resilience based on a sustainable level of profit; to provide increased revenue and profits for vessels operating in the Nephrops fishery. Profitability is also a necessary precondition for higher compliance with fishery regulations. In economic terms the Nephrops plan should aim in the long term (say over the next 10 years) to provide for a modern, safe fishing fleet, able to renew itself, and capable of providing a stable supply of fish matched to the needs of the market at reasonable prices. Essentially the plan must provide conditions where all those involved in the industry can achieve the best possible outcome for their businesses – but without specifying in detail how those individual businesses should operate. Failure to match fleet capacity to the future state of the resource will both reduce longterm profitability and undermine compliance with the regulations. It is recognised that there is a problem with technology creep and that fishing capacity will tend to increase in a progressive way with time. Failure to match fleet capacity to the future state of the resource will both undermine compliance and mean that revenues are flowing into businesses with no chance of long-term profitability. Under a more accountable system of quota and effort management any increase in capacity will have adverse effects not on the Nephrops stocks but upon the fleets themselves. It is for Member States and fishing business to decide how to reduce those economic pressures. There are already heavy additional costs placed upon fishers as a result of current regulations, and the need to lease quota and days at sea. Effort restrictions imposed under the cod recovery plan have had a profoundly negative effect upon profitability. There is also a need to rationalise and harmonise various management measures and regulations that make fleets less efficient. The economic targets of the plan are: To provide incentives for fishers to move the fishery in the direction of lower fishing mortality while enabling them to meet their own business aims and objectives Revised Nephrops LTMP Page 14 24/03/2016 6. To avoid regulation that makes fleets less efficient or provides perverse incentives which act to the detriment of the fishery and the Nephrops stock Any change imposed on the fishery to meet biological and ecological objectives must take place at a rate that can be absorbed by individual businesses and communities. Measures to meet the targets Biological instruments Need to input additional info from Ana To ensure that the Management Plan is effective in ensuring stock sustainability, a point for invocation of the measures within the plan must be agreed. Currently, it appears that using terms related to exploitation and/or abundance would be most sensible, as the limit and target reference points are expressed in these terms. The use of an MSY Btrig and Fmsy as the defined trigger, however, should be avoided, as this approach would not be sufficiently precautionary. Alternative terms need to be agreed to provide a buffer zone above MSY Btrig and/or below Fmsy to reduce the risk of breaching the reference points and placing the stock at risk. This buffer point is mentioned above and will be referred to as Bbuff. It is proposed that a term relating to abundance would be preferable to a term relating to exploitation. This is for a number of reasons, including the lack of confidence levels on the fishing mortality measures, the resultant difficulty in F measurement in absolute terms, and the more consistent nature of the abundance estimates. Need to assess what options should be used. JS and AL. What options are appropriate on different grounds with different characteristics? Take to working group on nephrops surveys (study group). Carlos to consider what options are for different areas. Test options for a number of areas which might be out with NS area. ICES take to working group initially rather than formal approach to ICES. There are several possible ways of expressing a precautionary buffer point in terms of abundance, although relating any point to the confidence limits associated with Btrig appears to follow logically. A direct relationship comparing the confidence limits of an individual assessment breaching Btrig may not be the most consistent as it depends on a number of variable including the level of sampling which, is in turn, dependent on resources and weather. As a result, it is proposed that the abundance assessment (from underwater TV surveys) of any individual year should be compared to the 95% confidence limit of the lowest observed abundance (the proxy for Btrig) and, if it is found to fall within the limit, should serve as the trigger to ‘switch on’ any agreed measure. The converse would also be true. This methodology has some consistency with whitefish assessments and the use of lowest observed biomass for Blim and the upper confidence limit of this for Bpa. Thus, the adoption of this trigger would appear to be sufficiently precautionary. For stocks without underwater TV surveys but with catch length frequency information, such as FU 5 (Botney Gut – Silver Pits), the data can be used to define both recruitment (% of catch in numbers below a particular cut off) and exploitation (slope of the declining Revised Nephrops LTMP Page 15 24/03/2016 right hand portion of the curve) proxies which, can, in turn, be used to make an assessment of the state of the stock. Although the measurements would be to a certain extent relative, the comparative states of each indicator can be compared. This methodology was used by EAPO and NWWRAC to derive a simple rule to determine the length of time for the closure in FU 16. The rule would be applied through the use of a matrix – below is the matrix used in the Porcupine Bank and a proposed matrix for use in the invocation of the LTMP. Jane to provide matrices. We need to insert both Matrices here This methodology assumes accurate catch data and there may be some areas where it is appropriate to apply some level of precaution due to uncertainties. Examples of this include the Noup, where the assumed density is ‘borrowed’ from other areas, and Off Horns Reef where the landings are very low. The methodology does, however, give the potential for added precaution in cases where the information is uncertain and there are concerns about the state of the stock through simple ‘tweaks’ of the model. The above proposals require testing and although some very light touch analysis may be possible, comprehensive modelling is unlikely to be possible until 2014. This Management Plan has proposed above the adoption of specific biological objectives for the North Sea Nephrops fishery, with a target fishing mortality consistent with Fmsy being set for each of the FUs. It is suggested that a TAC should be set for the North Sea as a whole, as at present, and that this TAC should be consistent with the aggregated assessments for the individual FUs. The Management Plan proposes that management at the functional unit level should be achieved through the preparation of Fishing Plans for vessels and fleets fishing the designated FU. Managing fisheries within Functional Units It is evident that some of the Nephrops FUs within the North Sea are vulnerable to overexploitation. If the Long Term Management Plan is to be consistent with ICES and STECF advice, then management at an FU level must be introduced with the aim of safeguarding individual FUs against depletion. Thus, this Management Plan for Nephrops must set out how potential damage to FUs might be limited and how stocks within FUs will be restored to sustainable levels. Setting a harvest rate will go a long way in guarding against depletion; nevertheless it is important that local plans are agreed which will recover a stock in the event that it requires rebuilding. There was no support within the NSRAC for the allocation of quotas to each of the FUs through separate TACs. The concept of quotas specific to each of the FUs raises a number of rather difficult questions in relation to quota allocation. Management of the FUs by setting individual TACs or catch limits is therefore not favoured in this Long Term Management Plan. Revised Nephrops LTMP Page 16 24/03/2016 Instead this Management Plan suggests that Fishing Plans be developed for each FU. The first step in preparing such a plan is to ensure that full information relating to the state of the fishery, and the state of the resource the fishery depends upon, is provided. The plans then consider how the Nephrops stock could be rebuilt; in a manner that is fair and equitable to all fishers. The plans relate only to a particular FU and they do not discriminate against any fishers. An important element of the plans is the detailed information on how the FU has been fished in the past and is being fished in the present. The main elements of each Fishing Plan are concerned with protecting and rebuilding the Nephrops resource. Where insufficient data are available for particular vulnerable FUs, either in terms of poor landings data, a lack of underwater TV survey data or lack of information on discarding then the plan proposes that an essential feature of the Fishing Plan for that FU would be proposals for improving evaluation of the state of the stock. Where it is not feasible to conduct full underwater TV surveys then alternative methods should be considered. There is a strong case for the ICES Assessment Working Group to consider ways of conducting more comprehensive surveys of Nephrops stocks in the North Sea, and seeking indices for those stocks that are not currently surveyed. All the FUs are intended to have Fishing Plans, although their application only takes place once the agreed trigger point is reached. The plan remains in place during the rebuilding phase. The restrictions of the plan are lifted once the FU moves back above the trigger level. Fishing Plans under this Management Plan will be prepared first for the FUs thought most likely to become vulnerable, and those units for which data are available. By the time a unit was really vulnerable it would be too late to implement a successful plan. A draft Fishing Plan for the Farne Deeps Overall the Nephrops stocks in the North Sea do not appear to be over exploited. However, even with the adoption of a more sustainable approach towards the total Nephrops stock in the North Sea, through the development of a Long Term Management Plan, there may still be a risk of over-exploitation of Nephrops in some of the FUs. The Farne Deeps has already shown evidence of over-exploitation. The Farne Deeps provides a winter fishery. The ground is close to shore and it enables vessels to land daily and return to port more often. However, there are currently many vessels fishing that ground. It is appreciated that some of the local fishermen do not have the option of fishing elsewhere because of their small vessels. Although some flexibility in the ability to roam between different areas is considered advantageous and is provided for under the CFP, in the case of the Farne Deeps heavy effort is being concentrated into a small area and this is affecting the Nephrops adversely in that FU. The preparation of a draft Fishing Plan for the Farne Deeps Nephrops fishery has been undertaken by the NSAC to provide a test bed for the principles identified in the draft Long Term Management Plan, tailored to suit the unique characteristics of the Farne Deeps Nephrops fishery. Revised Nephrops LTMP Page 17 24/03/2016 The area of the Nephrops fishing grounds within the Farne Deeps FU boundary is very small and highly localised. A marked increase of landings from this area was noted in 2005. Subsequently, a significant increase in fishing effort was observed on these grounds from 2006 to 2008. The increase in effort was attributed to the number of vessels with twin rig gear visiting the grounds from distant ports. Many of the visiting vessels were larger or more powerful than the local fleet that is characterised by a <10 m fleet towing single rig trawls. One of the reasons for the influx may have been the days-at-sea regulations introduced under the cod recovery plan. Division of the fleet into whitefish vessels, with large mesh nets and fewer days at sea (TR1), and Nephrops vessels, with smaller mesh nets and more days at sea (TR2), resulted in a transfer of effort into the Nephrops fleet in the North Sea. In recent years the annual landings of Nephrops from the Farne Deeps have become erratic and changes have been observed in the sex ratio of the animals. It is likely that such changes have resulted from overexploitation. An initial report on a Sustainable Fishing Plan for the Farne Deeps Nephrops fishery was prepared by Newcastle University and submitted to the English Marine Management Organisation (MMO). It listed the different management options and summarised the views of some fleet sectors on these. As part of that project, in order to identify the concerns of those operating within the Farne Deeps fishery a consultation of fishers was undertaken during the 2011 – 2012 Nephrops season. Twenty interviews were undertaken with fishers at venues from Edinburgh to Hartlepool and visits seeking the opinions of fishers were made to Hartlepool, North Shields, Blyth, Amble, Seahouses, Berwick upon Tweed, Eyemouth, Edinburgh and Fraserburgh. Fishers from North East England, Scotland and Northern Ireland who participated in the one to one interviews were subsequently invited to comment on the conclusions of the consultation. There was a common concern amongst the fishers interviewed that fisheries management in the North Sea had become too complex and that there was a clear need for simplicity and clarity in any regulations to be applied. All skippers regardless of gear type were also of the opinion that by-catch and subsequent discard of marketable whitefish for which there was no quota was a significant issue in some FUs. Whiting and cod in particular were more abundant on the Farne Deeps Nephrops grounds than the stock assessments would suggest. There was support from some fishers for reducing discards by adopting a policy of land all you catch. In relation to future plans for the Farne Deeps, however, there were differences of opinion between fishers registered at local ports in North East England and those from elsewhere. The main concern of those registered at ports close to the grounds was that the twin rig gears preferred by many visiting skippers were damaging the seabed and taking too much from the fishery. Concerns were also expressed that the Farne Deeps was a mixed fishery (for Nephrops and whitefish) and that twin rig gear was too efficient at catching both fish and Nephrops. Those operating single rig gear regarded it as better suited to the mixed fishery and seabed conditions found on the fishing grounds. There was a strong call from many of the local fleet to ban twin rigging on the Farne Deeps Nephrops grounds. Revised Nephrops LTMP Page 18 24/03/2016 In contrast, those using twin rig gear were of the opinion that claims of seabed damage were unfounded and that bottom contact by the heavy weights used by twin rig gear was minimal if the gear was set up correctly. They also argued that the effects of much larger twin rig gears on offshore Nephrops grounds in other Functional Units had not had a significant detrimental effect on those fisheries, and that it was the trawl doors common to both single and twin rig gears that were likely to have the greatest effect on the seabed. There was general support from fishers for the adoption of selective measures tailored to particular fishing gears and capture species. Scottish skippers pointed out the measures already being taken by the Scottish industry with regard to improving gear selectivity by allowing escape of undersize whitefish through large mesh panels and net grids. Having discussed various measures within the Farne Deeps the NSRAC Management Plan Development Group recommended that the most effective means for promoting the recovery of the Farne Deeps Nephrops fishery was by the application of an “of which no more than” measure. That is, the temporary imposition of a landings quota to the Farne Deeps until such time as the Nephrops stock there was no longer vulnerable. Allocation of quota on the basis of usage (track record) measured over the past 3, 5 and 10 years was considered. Should allocation by Fixed Quota Allocations (FQAs) be required then invocation of a mechanism like the Hague Preference might be necessary to defend the dependence of the local fleet upon the fishery. Initial discussions within the NSRAC focused on the development of what was initially called a sustainable fishing plan for the Farne Deeps. It was later recognised that achieving sustainability was the principle objective of the overall Long Term Management Plan, and that what was required for the Farne Deeps Functional Unit was essentially a rebuilding plan. Later this was changed to the more neutral term “Fishing Plan” Although Nephrops fishing only takes place within a very small part of the area known as the Farne Deeps it was decided that the area to which the Fishing Plan would apply would be that defined for the Farne Deeps Functional Unit by ICES. Measures to be selected had to be: Relevant for the Farne Deeps fishery Practical Understandable Enforceable Meet the needs of all those vessels engaged in the Farne Deeps fishery. Take account of proposals for MPAs in this and adjacent areas The Fishing Plan should have as its primary aim the reduction of fishing pressure on Nephrops. In initial discussions, the measures included: 1. Limitations of gear and/ or vessel types; 2. Imposition of area restrictions; and 3. Application of quota management measures. Consideration was also given to how potential damage to the FU benthic habitat and ecosystem might best be managed and avoided, together with measures for reducing by- Revised Nephrops LTMP Page 19 24/03/2016 catch. However, it was decided that these latter issues concerned all the FUs for the North Sea and were best dealt with as part of the main Long Term Management Plan. A focus group established to consider the different options identified three steps to be taken as part of a Fishing Plan for the Nephrops fishery within the Farne Deeps Functional Unit: To exploit Nephrops at a rate which is sustainable by setting a target fishing mortality (F) consistent with that of maximum sustainable yield (Fmsy), Set a trigger level for biomass (Bbuff) at which Fmsy and the harvest rate must be reviewed, and Set an overall TAC at North Sea level but allocate that part of the quota pertaining to the Farne Deeps through an “…of which no more than …” provision. The latter measure effectively imposes a restriction in landings for the Farne Deeps. Such a provision would protect the Farne Deeps Nephrops stock, while allowing the fleet to continue to move freely between other FUs within the confines of the overall TAC for the North Sea. This provision has the advantage of allowing the fleet to retain flexibility, whilst protecting a vulnerable stock. It is emphasised, however, that the ‘of which no more than’ solution is specifically being advocated for rebuilding stocks in the Farne Deeps Functional Unit. It does not necessarily offer the right solution for all FUs. The measures proposed would: Come into effect for the Farne Deeps when defined trigger points were met for the Nephrops stock Be an alternative to Functional Unit TACs Provide additional, targeted protection when the Nephrops stock within the Farne Deeps Functional Unit was assessed to be vulnerable Be maintained in position until such time as the fishery indicators showed that the stock was restored to an acceptable level Ensure equity in the distribution of quota. The introduction of additional accompanying measures, including the adoption of more selective fishing gears or area restrictions, would contribute much less to the overall aim of reducing fishing pressure on Nephrops. There may be by-catch and discarding issues in this and other FUs but these are best dealt with in the context of the overall Long Term Management Plan for North Sea Nephrops. There are already pressures in terms of both cod recovery and the move towards more fully documented fisheries that will place pressure on fishing fleets to adopt more selective fishing methods. Wider ecological instruments Revised Nephrops LTMP Page 20 24/03/2016 This Management Plan sets three ecological objectives. It proposes that there should be a reduction of discards in the fishery; minimisation of damage to threatened, endangered and protected species; and minimisation of impacts on benthic habitats and associated communities. 1. Discards: meeting the Landings Obligations ICES advice notes that in some FUs, where many small Nephrops are encountered, Nephrops discard rates are high. Mortality of Nephrops after discarding is considered to be high by some scientists (75%: Wileman et al., 1999). However, recent examination of discards by observers in the UK has indicated that few small Nephrops are now being discarded, as processors will take even the smallest animals. However, there are a number of data discrepancies with respect to discarding in the Nephrops fisheries that will need to be rectified to meet the landings obligations. In particular there are discrepancies between observer data and the data used by ICES in the stock assessments. One of the problems is the discarding of whitefish, which may form choke species and result in early closure of the Nephrops fisheries. Species of fish being discarded are predominantly whiting, plaice, cod and dab. This reflects the higher abundance of these species than is shown in the TAC and subsequent quotas. Much is being done through technical measures to reduce unwanted catches, including small haddock and whiting. Fishers have been innovative in developing a range of selectivity measures that go way beyond what they thought possible. Reducing discards in the Nephrops fishery is an important objective especially as we move toward meeting the landings obligations. There are many instruments available for achieving this reduction, although optimum measures vary across vessel size and power. There are also flexibilities under Article 15 of the new basic regulation including: Species for which scientific evidence demonstrates high survival rates, taking into account the characteristics of the gear, of the fishing practices and of the ecosystem. There is a need for more research on the survival of discarded Nephrops. Catches falling under de minimis exemptions of up to 5% of total annual catches of all species subject to an obligation to land, applicable: o o Where scientific evidence indicates that increases in selectivity are very difficult to achieve; or 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 the plan, of total annual catch of that gear. Year-to-year flexibility of up to 10% of permitted landings We may need to set down a comment on each of these listed flexibilities Revised Nephrops LTMP Page 21 24/03/2016 The adoption of measures to reduce discards would allow catch composition rules to be removed. However, it is evident that quota uplift will be required for some whitefish species to allow the landing of the fish that are caught. It will also be necessary for fishers to reduce unwanted catch through greater selectivity of fishing gears and spatial measures. Under this Management Plan it is for fishers to adopt measures for reducing discards and by-catches. It will be their responsibility to: Ensure that all relevant catches are landed Reduce the level of unwanted catches to the lowest level possible Ensure that the Landings Obligations are met There may be no need to specify mesh size or alternative measures for making nets more selective within the framework of a discard ban. The specific measures could be left for fishers to decide under a system of results-based management. In those circumstances the Fishing Plan should describe the required output rather than specify the detailed measures by which the output would be achieved. 2. Reducing impacts on endangered, threatened and protected species In terms of the capture of ETP species, fishers opined that the main problems were likely to be through the catching of sharks, skates and rays. Few of these were being caught but it was recognised that this may be a consequence of their current low abundance. There are major provisions in place to prevent such protected species from being landed. There are also gear options for permitting the escape of particular threatened or endangered species, although these are not applicable to all types of vessel. It is important to monitor the capture of any endangered or threatened species as part of this Management Plan. It is proposed that the capture of such animals should routinely be recorded in the electronic logbooks. They should be recorded by species; as not all skates and rays, for example, are classed as endangered. In terms of improving the survival of live specimens returned to the sea, the Fishing Plan could set out procedures for best practice. Tagging of specimens might also be undertaken as a voluntary measure. Advice on handling these fishes with minimal damage can be obtained from Seafish and the Shark Trust. If there are severe problems with the capture of endangered species then the Fishing Plan should specify additional measures. The inclusion of such measures will ensure that this Management Plan is compatible with the Marine Strategy Framework Directive. 3. Reducing damage to the seabed and vulnerable organisms Nephrops grounds are often on very fine mud that may be susceptible to damage. It is said by some fishers that if there is any damage to the seabed then it is likely to come from the heavy ‘clumps’ associated with twin rigging. However, here is a lack of evidence Revised Nephrops LTMP Page 22 24/03/2016 on the damage done to the seabed by the different gears used to catch Nephrops. This deficiency needs to be addressed by scientists. Provision for implementing more environmentally friendly fishing gears would then be possible within this Management Plan and the Fishing Plans for individual FUs. Fishers accept the need to limit the overall environmental footprint of the fishery. However, they are not supportive of the idea of closing additional areas to fishing. They suggest that areas already set aside for oil and gas platforms, pipelines, renewable energy installations and conservation areas already serve the purpose of providing areas free from the effects of fishing. There are already major plans for protected areas and for large wind farms in areas like the Moray Firth where large areas will be closed to fishing because of these developments. Marine Protected Areas can provide a solution to conserving vulnerable sea life and habitats. There has been pressure for member states to move in this direction from the Commission through various Directives. In addition, some member states are taking their own initiatives. Fishers are concerned at the current procedures for identifying these areas, where areas appear often to be selected before the consultation process has begun. There are some existing proposals for MPA’s on Nephrops fishing grounds. There is little support for closed areas as a management tool if they are going to be imposed upon fishers without full consultation. Fishers are currently reluctant to ‘volunteer’ areas for designation or to collaborate with conservation agencies. They are concerned that cooperation with those seeking to declare MPAs would simply lead to very large areas being designated. The development of indicators for ‘sea floor integrity’ under the Marine Strategy Framework Directive is of importance to all fisheries. Disturbance must be minimised and therefore it is of great importance to include measures within this Management Plan for Nephrops fisheries, aimed at reducing bottom impact by trawl doors as well as bottom contacting gears. Or such a programme must be developed alongside this Management Plan. It must also be recognised that bottom contact, albeit minimised, is essential in some demersal fisheries. 4. Summary of ecological instruments The instruments proposed in this plan for reducing damage to the seabed and vulnerable organisms will include: Identifying and implementing Marine Protected Areas in consultation with fishers. These include ‘real-time’, seasonal and permanent closed areas. There are already programmes for identifying and implementing these areas. Restricting the range of gears that can be used in vulnerable areas (including creel only areas). g the development of environmentally friendly fishing practices, for example gears with less bottom contact, larger meshes and better selectivity profiles. Revised Nephrops LTMP Page 23 24/03/2016 Improving data recording systems to identify capture and damage to endangered, threatened and protected species. Safe and speedy return to the sea of endangered and threatened species To ensure that problems of damage are identified and that the measures adopted effectively address these problems the plan will need to set out a research & monitoring programme to address data gaps within the fishery and on its wider environmental impact. Monitoring should include fishery dependent and independent data collection, including the material that is currently provided by the various research institutes. It will be especially important to assess impacts on habitat and associated species communities, including benthic communities, by different fishing gears. It is also important to identify the distribution of especially vulnerable habitats and species. Economic instruments It is for member states and fishing businesses to decide how to deal with changing economic pressures. There are no specific economic instruments that require to be imposed by this Management Plan. However, it is sensible to add the proviso that in meeting the biological and ecological objectives it is important to avoid regulation that makes fleets less efficient or provides perverse incentives which act to the detriment of the fishery and the Nephrops stock. It is also important to provide incentives for individual fishers to change to meet new business aims and objectives. Moreover, any change imposed on the fishery to meet biological and ecological objectives must take place at a rate that can be absorbed by individual businesses and communities. The newly adopted (July 2013) Common Fisheries Policy includes a new regulation for the Common Organisation of the markets (CMO), as well as a new European Maritime and Fisheries Fund. These new regulations offer opportunities to regulate fisheries in line with the market, as well as promoting market development. Producer Organisations are compelled to make Production and Marketing Plans (PMP’s) to stimulate markets and adapt operations of its PO members towards market requirements and optimise the economic proceeds from catches. The positive effects of these measures rely however on their application within fleets. Their effects can be limited where fishers who are not member of PO’s take part in the fishery, although this can be mitigated when member states declare such measures binding on all fishers. 7. Monitoring of the management plan An important feature of any Management Plan should be to track its successes and failures against the objectives set. The extent to which this Management Plan is achieving the range of stated goals and objectives would be assessed using a combination of indicators designed to measure performance of the fishery. These performance indicators may be biological or non-biological. Possible performance indicators are: Level of fishing mortality (with respect to the target F) Revised Nephrops LTMP Page 24 24/03/2016 Abundance trends obtained through underwater TV surveys (with respect to a means for assessing deterioration in the stock Levels of discarding and success in meeting the landings obligations Uptake of environmentally friendly fishing practices Number and extent of Marine Protected Areas Economic indicators, including revenue, profitability, average prices etc. Social Indicators – number of businesses (vessels), numbers employed, average earnings, quota prices (linked to ability to access the fishery), number of new entrants etc. This Management Plan is intended to be adaptive. If things go wrong the plan will be adapted to meet the new circumstances. 8. Mixed fishery considerations management plans & linkages with other Much of the North Sea Nephrops trawl catch was originally taken in mixed fisheries, and that is still the case in many areas like the Fladen ground, the Skagerrak and Kattegat and in the Scottish, Dutch and Danish fisheries. Most of the FUs were fished seasonally in the past. They formed part of a network of grounds that were explored at different times of the year and under different weather conditions. Many vessels catch Nephrops whilst targeting other species like plaice, cod, whiting or haddock at other times of the year. Even where Nephrops is the main target a significant income may be obtained from the whitefish species caught. The Commission has now recognised that one of the core realities of the demersal fisheries is that they are mixed fisheries, exploiting multi-species complexes. It is now accepted that the management regime needs to take this fully into account. Mixed fisheries and multi-species interactions are central considerations within the reformed Common Fisheries Policy. ICES scientists have traditionally given fishery management advice on an individual stock basis. For each assessed stock, catch options corresponding to the formal ICES advice are provided for the following year and form the basis of the Total Allowable Catch (TAC) for that stock. Now, both ICES and the European Commission are investigating ways to advise on and manage mixed fisheries. ICES scientists are providing tentative mixed fisheries advice, although the process for refining that advice is still developing. Currently, the advice is presented to fisheries managers as a set of potential outcomes. It is evident that a mixed fisheries approach will have implications for this Management Plan for Nephrops. At this stage, however, it is not clear how the plan should take account of mixed fisheries management, or multi-species interactions. Revised Nephrops LTMP Page 25 24/03/2016 It is also important that any plan for the Nephrops fisheries should take account of the existence of other management plans for particular stocks or for other fisheries. There must be interdependence between plans. Many of the main commercial stocks in the North Sea are already under some form of management plan. Currently, the fishery for Nephrops in the North Sea is greatly affected by the Cod Recovery Plan. Days at sea restrictions, together with real-time closures have restricted the range of fishing opportunities and disrupted traditional fishing patterns. Additional effort has in the past been transferred into the Nephrops fleet as a result of the heavy restrictions placed on vessels fishing for whitefish. Indeed, it is currently not possible to tackle the problem of discards by 80 mm Nephrops vessels through an increase overall mesh size if the requirement was to move above 100mm because that would render the vessel liable to classification as a whitefish vessel. This is a most unsatisfactory situation, which acts against the adoption of some conservation measures. Fishers have suggested that it is not possible to separate management of prawns from management of haddock and other species. There is now an acceptance by fishers that a multi-species approach must be applied to the whole fishery, rather than a species by species approach. There are management plans for haddock and saithe already in place and a plan for whiting is under consideration. Somehow, all these plans need to be brought together. Some fishers have suggested that Nephrops quotas should be interchangeable with quotas for other species. Essentially, fishers catch what is actually present on the fishing grounds. Setting immutable quotas for single species fails to recognise this fact of nature, and inevitably leads to unwanted catches. A major effort will be required to further develop innovative management measures that recognise the diverse nature of the fisheries. In preparing this draft management plan we have recognised that the fleets catching Nephrops are very diverse. A few vessels catch only Nephrops but many more are dependent on a wide range of species. Dealing with the mixed fisheries aspects presents a major challenge for the future. 9. Future institutional structures The philosophy behind the preparation of this Long Term Management Plan is that management planning is likely to be more successful if it involves those people whose activities are to be managed. This plan has been prepared with strong stakeholder involvement, whilst also drawing upon the advice of fisheries scientists and fishery managers. The overall aim has been to develop a sense of stewardship on the part of the industry and to move towards full ‘co-management’ with others. We have to be aware, however, that preparation of the plan has taken place against a background of changes to the regulatory structure. In particular, as a result of the coming into force of the Lisbon Treaty, the European Parliament is now involved in the preparation of management plans through the process of co-decision taking. The extent of the Parliament’s involvement is currently controversial, and although it has been agreed that Revised Nephrops LTMP Page 26 24/03/2016 management plans should be adopted jointly by Parliament and Council there is currently inter-institutional deadlock over the precise extent of the Parliament’s role. The Council wishes to exclude the Parliament from the decision-making process for some elements of the multi-annual management plans As a result, a number of management plans are now obsolete but their revision has been delayed – to the great detriment of fish stocks and the fishing industry. New institutional structures for implementation of this and other Management Plans are currently still being discussed in the context of reforms to the Common Fisheries Policy. It is expected that Management Plans will be prepared and agreed for a particular region by the relevant Member States, with advice from the Advisory Councils. There is currently strong criticism from fishers of the over-detailed central regulation that characterises the CFP, and this move to allow Member States to work together regionally to implement appropriate management measures has much to commend it. It will be critical for this management plan to be discussed, endorsed, adopted and monitored by such a regional management body for the North Sea, on which it is hoped that fishers and other interests will be fully represented. 10. Research and Monitoring There is insufficient information available on some of the Nephrops fisheries, and this deficiency must be addressed as part of this Long Term Management Plan. Although some of the FUs are regularly surveyed by means of underwater television, others are not, and information on the distribution and numbers of Nephrops in these un-surveyed areas is limited. For some of the FUs with lower levels of landings (e.g. Botney Gut), there are no underwater TV abundance estimates. This problem must be addressed. Further development and extension of fishery independent surveys, including underwater TV surveys, are an important feature of the plan, not only to aid the assessment of Nephrops stocks, and aid the overall fishery management process, but also to play a crucial role in monitoring the fishery's broader ecological performance. It is also important that there should be no incentive to withhold information on the fishery in particular FUs. Nephrops are also caught in areas outside the FUs. The advice from ICES is that the definition of additional FUs should be considered, particularly for the Devil’s Hole. Further work is needed to ascertain whether the current division into FUs adequately reflects the distribution of Nephrops. The Nephrops assessments are not currently presented in a form that can readily be understood by non-specialists, including fishermen. As part of this Management Plan we believe that in future it will be important to express the results of the scientific assessments and the management objectives in clear every-day language, so that they may be understood by those responsible for stewardship of the fishery. Revised Nephrops LTMP Page 27 24/03/2016 There is a general lack of effort data, especially for the under-10m fleet. National authorities should provide information on the numbers and types of vessels and their capacity, from all nations, operating within the different FUs. A case can be made for mapping of fishing effort for Nephrops in the North Sea, using VMS and other sources, for protective purposes, to monitor the distribution of effort between Functional Units and to ensure that any displacement of effort as a result of MPA and wind-farm proposals can be evaluated We have already identified in this plan the need to monitor the discarding of fish for which a vessel has insufficient quota and to monitor the capture and discarding of undersized species including other crustaceans, fish and small Nephrops. There is also a need to improve data recording systems to capture fishing interactions with endangered, threatened and protected species. Some small Nephrops are discarded within particular FUs, although this may change as landings obligations are introduced. The advantages of taking away MLS restrictions and landing all Nephrops need to be investigated further. Landing small Nephrops would provide scientists with valuable information. It is important to monitor the capture of any endangered or threatened species, including skates and rays. It will also be important to determine whether there are particular areas in the North Sea where threatened endangered and protected species and habitats are likely to be adversely affected by trawling for Nephrops. This is a task for national authorities under the Marine Strategy Framework Directive. There is a lack of evidence on the damage done to the seabed by the different gears used to catch Nephrops and this needs to be addressed by scientists. There are undoubted advantages from the closure of areas to fishing in terms of enabling comparisons to be made between fished and un-fished areas and assessing impacts on the seabed and the fragile animals that live there. However, the choice of areas to intend vulnerable organisms and habitats must be based on sound scientific evidence. There is deep distrust by fishers of those bodies responsible for defining such areas. Fish are not caught in neat ratios and management through a series of quotas for individual species does not recognise the reality of conditions on the fishing grounds. The mixed species aspects of managing fisheries have received insufficient attention. Major efforts are required to develop innovative management measures that recognise the diverse nature of the fisheries. Many fishers are interested in initiatives which would allow them to land all their catch and have said that this would influence both gear design and fishing behaviour. Such initiatives should be explored further. To summarise, there are a number of research and monitoring requirements for the Nephrops fishery to achieve the objectives of this Management Plan. The development and extension of fishery independent surveys, including underwater TV surveys, is an important feature of the plan, not only to aid the assessment of prawn stocks, and aid the overall fishery management process, but also to play a crucial role in monitoring the fishery's broader ecological performance. Revised Nephrops LTMP Page 28 24/03/2016 If full analytical assessments are to be made (and this may or may not be necessary) then further research will be required either to enable the age of Nephrops to be determined, or to employ suitable length-based techniques It will be important to express the results of the scientific assessments and the management objectives in clear every-day language, so that they may be understood by those responsible for stewardship of the fishery. Further work is needed to ascertain whether the current division into FUs adequately reflects the distribution of Nephrops. Should other areas containing Nephrops be incorporated into the assessments? Are there small pockets of Nephrops at different locations that should also be taken into account? There is a need for an analysis of the numbers and types of vessels and their capacity, from all nations, operating within the different FUs. There is a general lack of effort data, especially for the under-10m fleet. Data gaps within the fishery and on its wider environmental impact must be addressed. It will be especially important to evaluate the impacts of the fishery, including different gear types, on habitat and associated species communities, including benthic communities. Wider information is required on the distribution of vulnerable and protected species and habitats in the North Sea in relation to the Nephrops fishing grounds. There is also a need to improve data recording systems to capture fishing interactions with endangered, threatened and protected species. Many fishers are interested in initiatives which would allow them to land all their catch and have said that this would influence both gear design and fishing behaviour. Such initiatives will need to be explored further. 11. Uncertainties Differences in the importance of Nephrops to different member states means that there are differences in the level of commitment to scientific research into Nephrops and in the collection of data to support scientific assessments. In the main, scientific studies of Nephrops are confined to the UK and Denmark. There are few data available for some of the FUs. For example, for some of the FUs with lower levels of landings (e.g. Botney Gut), there is no underwater TV abundance estimate and in addition, commercial sampling data (length frequency information) have often only been gathered in recent years. A full and complete management plan will need to consider whether additional information is required for management to be effective, and how that additional information might be obtained. Where there is uncertainty about the status of a FU there should be no incentives for continuing to maintain uncertainty. An important feature of any Management Plan is that it should be adaptive; the plan should be based on a learning process. If management goes wrong in some way, or deviates Revised Nephrops LTMP Page 29 24/03/2016 from the objectives laid down, then there should be recourse to means of putting the plan back on track. It will be important to monitor the outcomes of this Management Plan, to take account of uncertainties, and to steer the plan back on course when it has deviated from the desired course. Multi-annual plans for North Sea Fisheries, including the Cod Management Plan, have not been adaptive. STECF reported in 2011 that the current Cod Management Plan was failing to meet its objectives, and was flawed in some quite fundamental ways. However, the arrival of co-decision-taking, under the provisions of the Lisbon Treaty, meant that full review and revision of the plan and its replacement by a better plan was delayed. Member states and the Regional Advisory Councils called for an interim regime to address the most immediate problems associated with the dysfunctional plan. These problems have still not been resolved. Experience points to the need for a more flexible, regionalised CFP, with adaptive Management Plans that can be revised quickly in the event of failure. 12. Timeframe The NSRAC sees the LTMP for Nephrops fisheries as a gradual sequential development operating over a period of about 10 years. The plan needs to be responsive and adaptive, changing as circumstances change. It is suggested that the plan should be reconsidered at 5-year intervals. Revised Nephrops LTMP Page 30 24/03/2016