The Landing Obligation – Guidance for the Scottish Pelagic Industry
Vessels targeting pelagic fisheries will be subject to the Landing Obligation from 1 January 2015.
Scottish pelagic vessels to be affected are:
 Pelagic bottom and midwater trawl fisheries targeting herring, mackerel, horse mackerel, blue
whiting, sprat, boarfish and argentine.
 Purse seine vessels targeting herring, mackerel, horse mackerel, blue whiting
 Handliners targeting mackerel.
From 1 January 2015 it will be illegal for these vessels to discard catches of all species subject
to catch limits. It will remain illegal to slip catches. Outside permitted exemptions all catches of quota
species will have to be landed and counted against quota. If a vessel’s catch exceeds its quota
holdings and no additional quota can be sourced, the catch must be landed and the vessel will be in
an over-fish position.
Exemptions and Provisions
As specified in the CFP Basic Regulation (1380/2013) and the Delegated Acts for the North Sea
(C(2014)7558) and North Western Waters (C(2014)7549) certain exemptions and provisions have
been created.
High Survivability: Exemption from the Landing Obligation has been permitted for species which
scientific evidence demonstrates high survival rates.
The Delegated Acts permit catches of mackerel and herring in the purse seine fisheries to be exempt
from the landing obligation only when the following conditions are met:
 The catch is released before 80% closure of the purse seine in fisheries for mackerel and
90% closure of the purse seine in fisheries for herring. If the school consists of a mixture of
both species before 80% closure of the purse seine. After these points, release of the catch is
prohibited;
 In Areas VIa and VIb, the purse seine gear is fitted with visible buoys clearly marking the
limits set out above;
 The surrounded school of fish is sampled before its release to estimate species composition,
the fish size composition and the quantity;
 The vessel and purse seine gear is equipped with electronic recording and documenting
system.
De Minimis: The Regulation provides for a de minimis provision under which an agreed volume of
catch can be legally discarded. All quantities of fish released under these exemptions must be
reported in the logbook.
Of relevance to the Scottish pelagic fleet is a de minimis for albacore tuna caught in ICES Sea Areas
VII and VIII by midwater pair trawlers. Qualifying vessels wishing to make use this provision should
contact Marine Scotland to organise an access to the provision.
Interspecies Flexibility: The Regulation allows Member States to convert a limited amount of quota
of a target species into quota of another for which catches are in excess of quota or no quota is held.
The framework for how this provision will operate is still being decided. POs wishing to make use of
this provision should contact Marine Scotland.
Marine Scotland expects the following principles will apply to any use of this provision:
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Pelagic species can only be converted into other pelagic species;
Quota can only be converted into species that lie within safe biological limits. For the pelagic
fisheries this includes: Blue whiting (Subareas I–IX, XII, and XIV), Mackerel in the NEA and
potentially Herring (I, II, V, IVa & XIV and Subarea IV);
All conversions will be managed at a Member State level and conversions between species will
be at a set rate.
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Force Majeure
During fishing operations circumstances may occur in which the discarding of fish may be necessary.
Force majeure represents a situation in which circumstances beyond the control of the vessel and
crew prevent compliance with the landing obligation. For instance, a vessel may find itself in a
position where the pump has a catastrophic failure, meaning that the catch cannot be brought on
board and must be released. Situations relating to force majeure must be fully documented with
documentation submitted to Marine Scotland Compliance who will ascertain the legitimacy of the
claim.
Banking and borrowing
Current Banking and Borrowing provisions will continue to operate under the Landing Obligation but
will be extended to cover all stocks.
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POs can bank up to 10% of their final end of year allocation and borrow or exceed their end of
year allocation by 5%.
Alternatively POs can borrow up to 10% of their initial allocation of the TAC and subsequently
bank 10% of their initial allocation.
For 2015 only POs are able to bank up to 25% of their end of year allocation for blue whiting
and mackerel in all areas, herring in the North Sea and in Areas I and II (ASH).
Control
The pelagic discard ban will be enforced by Marine Scotland Compliance. Catches caught in excess
of quota will place a vessel in an over-fish position and evidence of illegal discarding will be treated as
a breach of fisheries regulation. Marine Scotland will keep the industry informed of developments at a
regional level to deliver a level-playing-field.
Technical changes from the Omnibus
The Omnibus will amend the current legislation that determines technical measures such as catch
composition and minimum landing sizes across the EU fishing fleets. This is a “quick fix” regulation
which is doing the bare minimum to make EU technical measures legally compliant with the discard
ban coming into force 1 January 2015. A more comprehensive overhaul of technical rules planned for
early 2015. This Regulation is being taken through the co-decision process which means both the
European Parliament and Council must find an agreement on the finalised text. Due to the
Parliamentary elections, the Parliament could not begin detailed scrutiny on the Omnibus until the
latter part of 2014. Negotiations are on-going and we expect them to conclude early in the New Year.
In the meantime, the European Commission has been clear that the absence of the amendments to
the technical measures does not stop the implementation of the landing obligation and the CFP takes
primacy over other technical legislation. However given that the changes to technical and control
measures will not in place until the Omnibus is in force it is important to have clarity on what rules
apply. In response to our requests the Commission has provided briefing which we used as the basis
for the following “question and answer” to act as non-binding guidance.
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Landing obligation
Who is affected by the landing obligation on 1 January 2015?
Only pelagic, industrial, and in the Baltic cod fisheries fall under the landing obligation as of 1 January
2015. For all other fisheries, there is no change in 2015. In the fisheries that are not under the landing
obligation from 1 January 2015, all catches of undersized fish, overquota or in excess of catch
composition rules, must continue to be returned to the sea.
Which catches must be landed as of 1 January 2015 in the fisheries under the landing
obligation?
In the fisheries under the landing obligation, all catches of all species (regardless of whether they are
pelagic or demersal) that are managed through TACs and quotas, and in the Mediterranean catches
subject to minimum sizes, must be landed. For example, a vessel fishing for mackerel should also
land accidental catches of demersal species, e.g. cod.
Catches of prohibited species cannot be retained on board and must be returned into the sea. Under
Article 13 of the TAC and Quota Regulation 2015 it is prohibited to fish for, retain on board, to tranship
or to land the following species:
a) starry ray (Amblyraja radiate) in Union waters of ICES divisions IIa, IIIA and VIId and ICES
subareas IV;
b) basking shark (Cetorhinus maximus) and white shark (Carcharodon carcharias) in all waters;
c) common skate (Dipturus batis) complex (Dipturus cf.flossada and Dipturus cf. intermedia) in
Union waters of ICES division IIa and ICES subareas III, IV, VI, VII, VIII, IX and X;
d) tope shark (Galeorhinus galeus) in Union waters of ICES division IIA and ICES subarea IV
and in all waters of ICES subareas I, V, VI, VII, XII and XIV for longlines only;
e) smooth lanternshark (Etmopterus pusillus) in Union waters of ICES division IIA and ICES
subarea IV and in all waters of ICES subareas I, V, VI, VII, XII and XIV for longlines only;
f) kitefin shark (Dalatias licha), birdbeak dogfish (Deania calcea), leafscale gulpher shark
(Centrophorus squamosus), greater lanternshark (Etmopterus princeps) and Portuguese
dogfish (Centroscymnus coelolepis) in Union waters of ICES division IIa and ICEs subarea IV
and in all waters of ICES subareas I and XIV;
g) porbeagle (Lamna nasus) in all waters;
h) giant manta ray (Manta birostris) in all waters;
i) thornback ray (Raja clavata) in Union waters of ICES division IIIa;
j) Norweigan skate (Raja (Dipturus) nidarosiensis) in Union waters of ICES divisions Via, VIb,
VIIb, VIIc, VIIe, VIIf, VIIg, VIIh and VIIk;
k) undulate ray (Raja undulate) in Union waters of ICES subareas VI and X and white skate
(Raja alba) in Union waters of subareas VI, VII, VIII, IX and X;
l) guitarfishes (Rhinobatidae) in Union waters of ICES subareas I, II, III, IV, V, VI, VII, IX, X, XII;
m) angel shark (Squalus acanthias) in Union waters.
Are there exemptions to the landing obligation?
Yes. Catches can still be returned to the sea even after 1 January 2015 if they are covered by the
exemptions (de minimis and high survivability) defined in the discard plans. These catches are not
counted against the quota, but they must be documented in the logbook.
Regional discard plans with such exemptions cover the Western waters, North Sea, Baltic, and
Mediterranean. There are no exemptions for pelagic fisheries for sprat in the Black Sea.
Exemptions are detailed in the North Sea and North West Waters pelagic discard plans.
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Are fisheries in non-EU waters exempted from the landing obligation?
No. Pelagic fisheries in international waters are also subject to the landing obligation from 1 January
2015. There are two exceptions:
a) fisheries in non-EU waters where there is a legal obligation to discard in an
international agreement (e.g. ICCAT rules relating to Bluefin tuna) are exempted from the landing
obligation.
b) in third country waters there is an obligation to follow third country national rules.
Does the ban on high-grading still apply?
High-grading is a practice that is no longer possible in the context of a landing obligation. Of course,
the high-grading ban will continue to apply to the fisheries that are not yet subject to the landing
obligation.
Catch composition rules
What happens with catch composition rules and mesh size rules under the landing obligation
as of 1 January 2015?
From 1 January 2015, catches that exceed a certain catch composition rule must be landed and
counted against the quota.
What happens to catch composition rules in fisheries where the landing obligation does not
apply yet?
The current rules continue to apply.
If I am under the landing obligation can I land catches in excess of catch composition rules?
Yes, all landings must count against quota.
What happens to catches in excess of catch composition rules for which I do not have quota?
Additional quota must be sourced from relevant fisheries management authorities using traditional
methods such as trading and swapping.
Do the existing mesh sizes still apply?
Yes.
By-catch provisions in closed areas
What happens to the by-catch restrictions included in closed or restricted areas (e.g. closed
areas to protect herring)?
Where the closed area affects a fishery falling under the landing obligation, by-catch must be landed
and counted against quotas.
Do the closures still apply?
Yes, the closure or restrictions will still apply, and targeted fishing of the species that is protected will
still be prohibited. The details of the closures remain unaltered.
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Minimum sizes
How are minimum landing sizes dealt with under the landing obligation as of 1 January 2015?
The existing minimum landing sizes remain largely the same, except for Baltic cod and anchovy in the
South-Western waters, where minimum conservation reference sizes have been established in
regional discard plans.
What happens to fish below minimum size that are caught in fisheries covered by the landing
obligation?
Catches of fish below minimum size (undersized fish) in the fisheries under the landing obligation
must be landed and counted against quotas and used for purposes other than for direct human
consumption includes bait, fish meal, fish oil, pet food, food additives, pharmaceuticals and
cosmetics.
Must I keep undersized fish registered and stowed separately?
The same rules that are necessary currently to send the fish to fishmeal or oil production apply.
What happens to undersized fish once it is landed? Can I sell it?
These catches can be sold in accordance with the existing marketing standards for direct human
consumption such as bait, fish meal, fish oil, pet food, food additives, pharmaceuticals and cosmetics.
Control
How will the landing obligation be controlled?
The existing control rules will continue to apply. The absence of amendments to the technical
measures does not stop the implementation of the landing obligation and the landing obligation and
CFP takes primacy over other technical legislation. Contradictory legislation will not be enforced.
Do I need to equip myself with CCTV equipment?
No.
Do I have to record and register undersized fish?
The same rules apply. All catches (including undersized fish) above 50 kg must be registered in the
log-book. All catches (including undersized fish) must also be registered in the landing declaration,
the transport document and the sales note.
Do I have to register catches if I am allowed to discard them under the exemptions set out in
the discard plans?
All discards above 50 kg must be registered in the log-book.
More information
Discarding and the landing obligation
Disclaimer
The present document is prepared by Marine Scotland with reference to the note produced
by Commission services aimed at ensuring some recurring practical questions on the
landing obligation.
It is however without prejudice to any interpretation of the Court of Justice and the General
Court.
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