The North Sea Regional Advisory Council The Future for Cod Recovery in the North Sea A Draft Advice paper for the NSRAC to consider First Draft 1. Background & Antecedents 1.1 The NSRAC held a Focus Group meeting in London on 5th April 2013 on to discuss cod management issues. Participants concluded that further advice on future management of cod within the mixed fisheries of the North Sea was urgently needed. 1.2 At the subsequent meeting of the Demersal Working Group on April, in Trondheim Norway, it was proposed that the next step was for the Chair and the Rapporteur to draft an advice paper for the NSRAC to consider further. This is that paper. 1.3 Previous advice papers from the NSRAC have commented upon the management of cod in the North Sea. Cumulative advice from the NSRAC and the NWWRAC has highlighted some of the inherent flaws in the EU Cod Recovery Plan and its successor, the EU/Norway Cod Management Plan. 1.4 The criticisms of the plans from the RACs have largely been shared by STECF and were reflected in its 2011 evaluation of the EU Cod Management Plan. Moreover, the EU/Norway bilateral negotiations at the end of 2012 recognised that an opportunity had been missed to review and adapt the EU/Norway Cod Long Term Management Plan. 1.5 Thinking within ICES has now evolved further on the management of mixed fisheries, taking account of multi-species interactions. Scientists are proposing early development of mixed fishery and multi-species advice, leading to multi-annual plans based on that advice. 1.6 The Commission's proposal for an amended Interim Cod Plan has, in the main, followed the advice proffered by the RACs and reflected in the STECF recommendations. Current discussions on CFP reform suggest that replacement Page 1 NSRAC plans for the demersal fisheries in the North Sea will need to take place within a changing regulatory framework, key elements of which will be: A strong regional dimension to future fisheries management, led by cooperating member states working closely with the RACs Multi-annual Management Plans as the main vehicle for fisheries management at the regional seas level Strong emphasis on mixed fisheries and multi-species advice An obligation to land all catches of regulated species Agreement on maintaining stocks at MSY 1.6 In November 2012 the NSRAC forwarded to the Commission its comments on the proposal for a Regulation of the European Parliament and the Council amending Council Regulation (EC) No1342/2008 of 18th December 2008 establishing a Long Term Plan for Cod Stocks and the fisheries exploiting those stocks. Now, our immediate priority is to see the early adoption of the new regulation through a fast track co-decision procedure. We are concerned that the process has currently reached stalemate. The Council’s proposal is currently going through a complex and convoluted process of co-decision-taking. In the meantime fishers in the North Sea face the immediate problem of an expanding cod stock, with cod being caught in a number of mixed fisheries. For industry, there is a pressing need to address the problems of the future for cod management in the North Sea. This advice paper is intended to draw attention to the immediate need for changes to the management of cod, pending longer-term improvements in the system of fisheries management in the North Sea. 2. Progress 2.1 Notwithstanding the serious flaws in earlier management approaches, outlined in the STECF evaluation, substantial progress has now been made in reducing fishing mortality on cod stocks and rebuilding the biomass of cod in the North Sea. A series of measures, many of them introduced with the support of North Sea fishers, have had the overall effect of reducing fishing mortality and rebuilding biomass during a period of lower than average recruitment to the cod stock. 2.2 ICES and STECF have found it impossible to unravel and allocate individual weight to those specific measures that have contributed to these positive developments but the list includes: Page 2 Fleet Capacity reduction through publicly funded decommissioning schemes Fleet capacity reduction through rationalization Improved gear selectivity to avoid the capture of cod NSRAC 2.3 2.4 Real Time Closures More effective landing controls Effort Control Individual Transferable Quotas (in some member states) Fully Documented Fisheries/Catch Quota trials Changes in the mind-set of fishers and acceptance of the need for cod avoidance Alignment of incentives with management objectives. STECF has taken the view that: The partial refocusing of cod management measures, within the EU Cod Management Plan, towards providing incentives for cod avoidance under Article 13, proved to be a more effective and productive alternative to rebuilding cod biomass to target levels than the traditional vehicle of TAC and effort reductions. The central obstacle to an even more rapid rebuilding of the spawning stock biomass in the North Sea has been a huge surge of discards of cod in the mixed fisheries, resulting from restrictive TACs during a period when the stock was rebuilding. Further progress towards reaching fishing mortality targets can best be made through: Further initiatives on discard reduction/cod avoidance, aimed at reductions in fishing mortality on cod. Closer consideration of how an MSY state might be achieved in the mixed fisheries of the North Sea, with landings obligations imposed. There is a particular need to decide how best to handle “choke” species. 3. Current status of cod in the North Sea 3.1 ICES scientists have advised the NSRAC that in recent years fishing mortality on cod has progressively been reduced. The evidence suggests that this has largely come about as a result of the cod avoidance measures adopted by the industry, rather than the effort restrictions imposed under the cod recovery plan. Whatever the reason, the cod stock in the North Sea is now rebuilding itself. We note, however, the opinion of ICES scientists that recruitment remains low, probably for environmental reasons, and that further increase in spawning stock biomass is still required. 3.2 Spawning stock biomass is currently based on two reference points BLIM and BPA. The North Sea cod stock is now above BLIM (70k tonnes) and is approaching BPA (150k tonnes). As biomass increases higher recruitment levels may be expected, although Page 3 NSRAC environmental factors like the influx of warm water into the southern North Sea might interfere with recruitment. 3.3 The Cod Management Plan aims for lower fishing mortality (F). However, although the target F has been 0.4 the actual level has been higher at F = 0.68. The value of 0.4 was based on the prevailing low level of recruitment. If recruitment increases in the future, then a higher value of F might be possible. 3.4 ICES scientists advise that it likely that biomass will continue to increase if an F of 0.4 is maintained – the value agreed in the EU/Norway management plan. With this level of F as a long-term target biomass will continue to be restored even if recruitment remains low. If a lower value of F is chosen, it may run the risk of increasing levels of natural mortality. At high levels of biomass cod tend to eat cod, and the stock is also preyed upon by a variety of other predators. Although some scientists have sought lower values of F it is evident that the choice of an F of 0.4 in the EU/Norway management plan was rational and sensible. Multi-species interactions may cause reduced yields if a much lower F is maintained. A very high cod biomass might also cause difficulties for fisheries on other species, like Nephrops, that are preyed upon by cod. 3.5 Reducing discards is one way of improving biomass. Mortality from discarding is especially high for the younger age groups (1-4 years). Older fish tend to make up the bulk of fish landed. Removing the discarding of cod would take the current level of F rapidly towards the target of 0.4. Fully documented fisheries and a reduction in discards would move things in the right direction. Additional reductions in F may also result from cod avoidance measures and from the use of more selective fishing gears. The adoption of such measures, resulting in reduced fishing mortality, will restore spawning stock biomass. 3.6 As we have noted, mixed fisheries and multi-species interactions are to be central considerations within a reformed Common Fisheries Policy. We are aware that ICES and the Commission are investigating ways of providing advice on mixed fisheries, and their technical interactions, that also takes into account the biological interactions between species. A particular need in the management of mixed fisheries is advice on how to deal with “choke species” (species that cause a halt to fishing when their quotas run out). There is also a need to consider impacts upon the whole ecosystem. 3.7 A particular issue in relation to reducing ecosystem effects is the estimation of FMSY, especially when the yield of one species affects that of another. The NSRAC has previously pointed out that yields corresponding to MSY cannot be achieved for all species simultaneously. At a workshop on the Long Term Management of North Sea Fisheries in Edinburgh in 2006, attended by distinguished fisheries scientists, it was concluded that Maximum Sustainable Yield could not be achieved by simply plotting a unique point on the yield or income versus effort curve. Selecting a range of values is important. ICES scientists now accept this viewpoint. They have suggested that a sensible approach is to try to define a safe area, close to achieving MSY. A fishing mortality target set close to MSY (within a ‘safe’ range) can form the basis of Harvest Control Rules for mixed fisheries. Page 4 NSRAC 4. Particular difficulties resulting from the current cod management plan 4.1 The current cod management plan has delivered much less than promised. The outcome has been less than could reasonably have been hoped for in terms of reducing fishing mortality. The plan has generated large-scale discards because of the rigidity of its rules on setting TACs. The plan has also increased administrative complexity and with respect to effort control led to a number of perverse outcomes. Whilst effort restrictions have forced fishers out of fishing in some countries, they have had little or no effect in other countries with larger effort allocations. Because of days of sea restrictions some fishers had been forced to move away from catching valuable species like monkfish to catching more easily caught species like cod and haddock. Effort control has distorted fishing opportunities without any appreciable direct effect on fishing mortality. In particular effort control has hindered the use of more selective gears. Fishers have had to use smaller mesh nets than they would otherwise have done to remain in the higher days at sea category.. Under the plan it has been especially difficult to gain exemption and derogations from effort controls under Articles 11 and 13 for vessels that do not catch cod. The effect of increased discarding as a result of the Plan’s provisions has been especially negative. In addition to an increase in unwanted mortality, products have been disqualified and markets have shifted to fish from other areas. From the perspective of fish buyers the plan has been too rigid, leading to market failure and a negative perception of fish products from the North Sea. 4.2 Those measures that have effectively reduced fishing mortality include: The introduction of Individual Transferrable Quota (ITQ) systems, with pooling of quotas (in some countries). Increased awareness of discards leading to more ‘correct’ behaviour. The adoption of more selective fishing gears to reduce the catch of juveniles and unwanted species The adoption of cod avoidance measures, including seasonal closures and real time closures Fishers in some countries have radically cut the amount of fish they discarded as a result of ‘Catch Quota’ trials, where they were required to fully record all the fish they caught. 5. The way forward 5.1 The NSRAC suggests the following way forward: Page 5 A fishing mortality rate of around 0.4 for cod is currently reasonable and sensible for cod in the North Sea, even with low recruitment, and is in line with NSRAC delivering MSY for cod. If a lower value of F is chosen, it may run the risk of increasing levels of natural mortality, reducing yields. A very high cod biomass might also cause difficulties for fisheries on other species, like shrimps and Nephrops 5.2 As cod recover, more problems of cod avoidance and gear selectivity will arise if discards are to be avoided. Fully documented fisheries, cod avoidance measures and the use of more selective fishing gears will reduce discards, reduce fishing mortality and assist in restoring spawning stock biomass. The exemptions and derogations offered by modifications to Articles 13 and 11, as set out in the new regulation, will allow a broader, less rigid approach to be adopted, providing exemption from the effort regime and incentives for vessels to fish sustainably It must be recognised that effort control has been a blunt instrument that has led to perverse incentives and unanticipated outcomes. Management of cod cannot be considered in isolation in the North Sea as the fish is caught in mixed fisheries. Moreover, the cod interacts with a range of other species. It has become increasingly evident that a move to mixed fisheries management is desirable, and that this must incorporate interactions between species It will be difficult, if not impossible, to agree on a single point management objective for the mixed fisheries. MSY cannot be achieved for all stocks simultaneously. Setting a unique ecosystem MSY has little support from ICES scientists, as weighing the effects of species upon each other is very difficult to achieve. However, a safe area, close to MSY, can be defined if there is cooperation between the EU, ICES and the RACs. That safe area might also include Good Environmental Status constraints such as by-catch or bottom impact A fishing mortality target close to MSY (and within the ‘safe’ range) can form the basis of Harvest Control Rules for mixed fisheries, including economic trade-offs. Those Harvest Control Rules can be optimised by stakeholders, in accord with technical interactions Mixed fishery advice can be sought to accompany an agreed fishing mortality target set close to MSY. Such advice will provide managers with options and scenarios to explore to achieve particular economic and other outcomes from the fishery. Choke species may still be a problem because of regulatory difficulties. A review of the regulatory problems that result in some species choking the fisheries would now be appropriate. In the longer term, there is a need to move away from the prescriptive approach offered by the cod management plan and towards a more result-based and adaptive Page 6 NSRAC approach. For management to work there is a need for greater confidence in the institutional arrangements for deciding on management measures. There can be no delay in coming forward with alternative proposals to the cod management plan, not least because of the need to take into consideration the implications of the proposed discard ban. 5.3 The NSRAC sees the best option as bringing forward the development of mixedfishery management plans for the North Sea. There must be greater priority given to the early development of mixed fishery and multi-species advice, leading to multiannual plans based on that advice. 6. Mixed fishery management plans 6.1 The NSRAC accepts the need for mixed fishery management plans and wishes to engage, as a matter of priority, in the development of such plans for the principal demersal stocks in the North Sea. It is evident from discussions with ICES scientists that it will take some time to develop the necessary scientific underpinnings but the equally important dialogue with stakeholders can begin now. 6.2 In the meantime it is entirely appropriate to adopt interim arrangements, not least to address the flaws in the current plan identified amongst others by STECF and the NSRAC. The NSRAC recognises that the Council has attempted to deal with some of the problems of the existing arrangements in its recent proposals on cod management and has commented on these in its previous advice. Page 7 NSRAC