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Oceana recommendations on the 2011 European Commission proposal for “Fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU Waters and, for EU vessels, in certain non EU Waters” © OCEANA/ Juan Cuetos

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Page 1: Oceana Recommendations for Fishing Opportunities 2011 · 2020-04-21 · Horse mackerel Trachurus trachurus 33 ... and management plans On November 11th, the European Commission presented

Oceana recommendations on the 2011 European Commission proposal for “Fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU Waters and, for EU vessels, in certain non EU Waters”

© OCEANA/ Juan Cuetos

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Fishing Opportunities in the Northeast Atlantic in 2011 - 2

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Introduction 5 Species

Cod Gadus morhua 9 Blue whiting Micromesistius poutassou 11 Hake Merluccius merluccius 13 Herring Clupea harengus 15 Anchovy Engraulis encrasicolus 17 Haddock Melanogrammus aeglefinus 19 Megrim Lepidorhombus spp. 21 Anglerfish Lophius spp. 23 Mackerel Scomber scombrus 25 Great silver smelt Argentina silus 27 Norway lobster Nephrops norvegicus 29 Ling Molva molva 31 Horse mackerel Trachurus trachurus 33 Greenland halibut Reinhardtius hippoglossoides 35 Plaice Pleuronectes platessa 37 Saithe Pollachius virens 39 Sandeel Ammodytidae 41 Sole Solea solea 43 Sprat Sprattus sprattus 45 Whiting Merlangius merlangus 47 Spurdog Squalus acanthias 49 Porbeagle Lamna nasus 51 Rays Rajidae 53

References 55 Acknowledgements 55

© OCEANA/ María J Cornax

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Proposal for Fishing Opportunities: principles, commitments and management plans On November 11th, the European Commission presented its proposal to regulate fishing opportunities for 2011 for the main stocks of species fished by the community fleet in the northeast Atlantic1.

This is the main annual European proposal for the regulation of fishing opportunities by the number of affected stocks, together with the proposals for the Baltic Sea, Black Sea and Deep Sea Species.

The proposal was drafted on the basis of different principles, with the fundamental aim of the Common Fisheries Policy to set the fishing opportunities at a level which guarantees sustainable exploitation of the resources from an environmental, economic and social point of view2. The key principles are:

The proposal must be based on the assessment received from the Scientific, Technical and Economic Committee for Fisheries (STECF), which in turn is generally based on the assessment provided by the International Council for the Exploration of the Sea (ICES).

The proposal must ensure stable and predictable conditions for the economic agents who depend on fishing, as well as avoid unnecessary changes to quotas. The annual variations must, as far as possible, be limited.

The proposal must comply with the various international commitments acquired by the European Union.

With regards this latter principle, it must be added that the Commission for the first time included in the proposal the agreement, signed by the European Community and its Member States at the World Summit for Sustainable Development (WSSD), held in 1 COM(2010) 658. Council Regulation Proposal by which the fishing opportunities are established for 2011 for specific populations and groups of populations of fish, applicable in European waters and for Community ships in non-European waters. 2 Council Regulation (EC) No 2371/2002, of 20th December 2002, about conservation and sustainable exploitation of fisheries resources by virtue of common fisheries policy.

Johannesburg in 2002, to rebuild the exploited stocks for 2015 in order to achieve their maximum sustainable yield3 (MSY).

Furthermore, and as a result of the 2002 reform of the Common Fisheries Policy, the Commission and the Council agreed to progressively implement multi-annual recovery plans, for the main fisheries resources in question, instead of focusing in the short term on the basis of yearly decisions which are open to negotiation. To date, within the scope of the proposal, plans have been established for the populations of plaice and sole in the North Sea, and the majority of cod stock, two populations of hake, two populations of Norway lobster and two populations of sole in EC waters. There is currently a proposal for a plan for the western stock of Atlantic horse mackerel, and a plan for anchovy in the Bay of Biscay is close to being approved.

For some of the stocks of species included in this proposal, which share waters with Greenland, Iceland, Norway and the Faroe Islands, their TACs are yet to be established, pending agreements which are expected to be finalised in December this year.

Finally, for those stocks fished exclusively by a single Member State, this proposal allows for the first time the possibility for the State itself establishing the corresponding TAC for 2011.

3 COM(2006) 360. Application of sustainability of fishing in the EU through maximum sustainable yield.

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The Current Situation and Oceana's general evaluation of the European Commission proposal

Since the Common Fisheries Policy was established in 2002, actions taken to achieve its objectives have not produced the results expected. In a 2009 communiqué, the European Commission recognised that more than 80% of European fishing resources are being overexploited4.

In view of this situation, the European Commission proposes a 9.3% reduction in fisheries catches for 2011, compared to 2010. In the opinion of Oceana, this reduction not only does not enable the growth of stocks, but will also cause most of them to continue being overexploited.

This limited reduction in catches is partly due to the principle of stability, by which many of the reductions are limited to a maximum of 15%. This principle is often contrary to scientific recommendations and the conservation of stocks. In fact, the Commission’s proposal ignores approximately 30% of the scientific recommendations made by ICES.

Therefore, the Commission has proposed maximum reductions of 15% for species for which scientists have explicitly recommended a greater reduction, such as the Atlantic horse mackerel in the North Sea (63%), and Celtic Sea plaice (66%). Moreover, the Commission has ignored most of the 14 scientific recommendations (with the exception of those concerning spurdog and porbeagle) for the closure of fisheries in accordance with the precautionary principle, such as the case of Irish Sea Atlantic cod and sole, herring in the northeast of the British Isles, haddock off the west of Scotland or Norway lobster in the Iberian Peninsula, amongst others. For the six stocks for which the Commission proposes an increase in catches, it must be added that in four cases, these increases are unjustified and ignore scientific recommendations: sole in IIIa, IIIbcd and in VIIe; hake in VIIIc, IX, X; and blue ling in VI and VII.

4 COM(2009) 224. Consultation on Fishing Opportunities for 2010.

This form of management in which, year after year, excessive catches and fishing effort are authorised which are above the real fishing opportunities, explains the overexploitation of the populations. In addition to this situation, in some cases TACs are not respected and actual catches are significantly higher than agreed amounts.

Furthermore, the importance of long-term management plans, which are also fundamental instruments of fishing policy, is increasing. In 2011 these plans will affect approximately 30% of the catches in European waters.

Although it appeared that the implementation of this type of long-term management was going to correct the shortcomings of annual short-term decisions, and to enable the recovery and/or sustainable exploitation of fishing resources, some of these plans are not yielding the expected results or are even worsening the condition of some stocks. Oceana is especially critical of the results of the plans for Atlantic cod in the North Sea and Baltic Sea, sole in the west English Channel, and hake and Norway lobster in the Iberian Peninsula, amongst others, where it is urgent that changes are made to fishing effort.

Oceana would like to show its support for the management plans but recalls that they must include reference points which are above the maximum sustainable yield, have special safeguards if observed results are not as anticipated, and have the approval of ICES. Surprisingly, some of the current plans have been described by ICES as inconsistent with the precautionary principle and/or maximum sustainable yield.

It remains necessary that European authorities strive to increase the number of stocks which are subject to long-term management plans.

Time is running out to reach the 2015 objectives for maximum sustainable yield. Many of the species have no real measures which would make it possible to reach this objective and currently, for 72% of stocks, more fish would be caught if there were less fishing.

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With the production of this document, Oceana hopes to reveal the status of the main European fishing stocks, to assess the compliance of the Commission's proposal with the objective of sustainable exploitation and to make recommendations in this regard.

Oceana hopes that the opinions and recommendations contained in this document are taken into account for the next EU Council of Ministries for Fisheries on the 13th and 14th of December, and we are confident that the fishing possibilities established for 2011 will enable progress towards responsible fishing activity.

Xavier Pastor, Executive Director of Oceana Europa

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Atlantic Cod (Gadus morhua) Species description

This epibenthic, pelagic species can be found in a wide variety of habitats, from the coast to the boundaries of the continental shelf. It forms aggregations during the day. Cod is an omnivorous species and its diet consists of invertebrates and fish, including juveniles of cod. The largest stocks are found in the Norwegian Arctic, the Barents Sea and Iceland. It is also found in the Baltic Sea, the North Sea and west of Scotland.

State of the stocks

This species, which has been the subject of two multi-annual management plans (the last of which in 20085), is still showing no obvious signs of recovery. Furthermore, the state of some of the stocks, far from recovering, is continuing to worsen.

For the stocks of western Scotland, the Irish Sea and Kattegat, the situation of overexploitation and collapse is being perpetuated by biomass levels which are 40%, 60% and 80% below safe biological limits and in the case of the latter two, at historical lows. The scientists have spent 9, 12 and 10 years respectively unsuccessfully recommending the closure of these fisheries.

In the North Sea, the eastern English Channel and Skagerrak, although the stock has risen since its historical low of 2006, it is still below the safe biological limits, confirming that overexploitation is taking place. Fishing mortality was reduced after 2000, and although its most recent development is considered uncertain, it is estimated that it is much higher than the MSY objective and likely above the Fpa. Recruitment has been poor since 2000.

Scientists have warned that the aforementioned plan, implemented for the stocks of Western Scotland, the Irish Sea, Kattegat, the North Sea, Skagerrak and the eastern English Chanel, does not follow the

5 Council Regulation (EC) No 1342/2008

precautionary approach, and puts the conservation of the stock in danger.

It is estimated that for another year, catches of this species have been greater than regulations permit, up to three times the quota established for the North Sea, Skagerrak and Kattegat, exposing the lack of monitoring of fishing activity and therefore a lack of reliable data, including discards information, on which to base its management.

Fig. ICES areas covered by the Commission’s statement. Areas in green are those for which the Commission has made a proposal, while those in yellow are yet to be agreed with third countries.

Failure of management plans, and need to close fisheries

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Oceana’s Position

Given the worrying state of conservation and development of the stocks of Atlantic cod, the Commission has proposed reductions in catches. Oceana considers these reductions to be insufficient to guarantee the recovery of the species.

For overexploited stocks in western Scotland, the Irish Sea, Kattegat, western Ireland and Porcupine Bank, the Commission has proposed reductions of 50%, rather than 25%, with the possibility of fishery closure in 2012. Bearing in mind the situation of these stocks, Oceana requests that the closure of this fishery be brought forward to 2011, as advised by ICES on the basis of the precautionary approach, and we urge the Fisheries Council to adopt this measure.

For the North Sea and the eastern English Channel, the Commission has not presented a management proposal, as it is pending agreement with Norway at the end of the year. The aforementioned collapse, including the state of the Skagerrak stock,, whose biomass levels continue to fall below the safe biological limits, has led Oceana to request the closure of this fishery, in response to scientific recommendations based on the precautionary approach. According to scientific reports, the application of the management plan in 2011 would place the species below the safe biological and precautionary limits for another year.

In response to recommendations by ICES, fishery closure must also be adopted urgently in the regions of Iceland, eastern Greenland, in Subareas XIV and NAFO 1, to enable the recovery of the breeding stock. With regards the Atlantic cod of Subarea Va, although there is no agreement with Iceland either, the future TAC should not exceed 160000t for this area’s management plan, which according to ICES is in line with the transition to MSY objective.

Furthermore, Oceana requests the closure of the Rockall fishery until a management plan has been put into place in the area. Despite a lack of knowledge of the real state of the stock due to a lack of reliable information, current catch levels are 20 times lower than those carried out in the 1980s, which is proof of its depletion.

The situation of uncertainty in the Celtic Sea, where 80% of catches belong to age class 3, combined with the fact that the current fishing mortality is above Fmsy, means that the proposed 15% reduction is insufficient to guarantee signs of recovery.

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Blue Whiting (Micromesistius poutassou)

Species description

Blue whiting is found on the coasts of the North-East and North-West Atlantic. In the North-East Atlantic, this species is found from the Barents Sea and south along the African coast to Cape Bojador. It is found on the continental shelf and slope down to 1000 meters where it feeds mainly on small crustaceans.

State of the stocks

Although there are recognised shortfalls in the evaluations of this species’ stock levels, there is a clear tendency towards a fall in numbers which has led this species to be classified as clearly overexploited in EU waters.

Attempts to rebuild blue whiting stocks have had no success, because fishing mortality has been above the advisable level for at least 16 years. Indeed over the last six years mortality rates have ranged between 50% and 70%. In total, over the past decade, catches have exceeded advisable levels by 10 million tons.

The absence of management measures in accordance with the scientific recommendations has led the stock to be below the precautionary limits and below safe limits.

This means that since 2005, the estimated size of the stock remains especially low, which explains the poor recruitment levels observed since 2006.

The current stock basically comprises individuals of very advanced age classes, so there is no evidence of a possible rebuilding of stock in the short term and it is expected that recruitment will continue at minimal levels, even with the setting of low catch levels.

The situation is so critical that scientists claim that even if the fishery is closed in 2011, biomass level will not reach Bpa for 2012.

It is expected that the decline of the stock will have an impact on the ecosystem because the species plays an important role in the pelagic environment not only as a predator, but also as prey for important commercial species for which it is a source of food.

Fig. ICES areas covered by the Commission’s statement. Areas in green are those for which the Commission has made a proposal, while those in yellow are yet to be agreed with third countries.

Oceana’s Position

TACs and quotas for blue whiting stock are set during annual negotiations between the EU, Norway, Iceland and the Faroe Islands, so the European Commission does not include these in its TAC proposal.

Catches are between 50% and 70% above recommended levels

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In 2008, these interested parties agreed on a management plan for the species, which according to ICES was in compliance with the precautionary approach, as long as fishing mortality was drastically reduced in the first years of its operation. This condition is due to the elevated risk of the stock situation becoming worse in the first years of its application if this is not the case.

Following the above management plan, the new TAC should be established at 40100 tons for 2011, which means a reduction of 93% compared to 2010. This TAC reduction for 2011 is fully justifiable because of the continued drops in recruitment levels since 2006, and the sudden drop in the breeding stock biomass since 2003.

Due to the critical state of the stock and the lack of evidence that fishing mortality is reducing, as required by the plan, Oceana urges the Council to consider the precautionary approach, go beyond the aforementioned plan and adopt a 0 TAC for this fishery.

The poor management of these stocks by the EU, Norway, Iceland and the Faroe Islands has resulted in a lost opportunity to recover stocks during the extraordinary recruitments which took place only seven years ago. Now we are back to managing minimums, disguised as precautionary measures when the total biomass is currently still decreasing.

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Hake (Merluccius merluccius) Species description

European hake (Merluccius merluccius) is widely distributed throughout the North-East Atlantic, from Norway and Iceland down to southern Mauritania. This demersal species is found on bottoms between 70 and 370 meters depth where it feeds on fish during its adult stages and crustaceans during its juvenile stages.

State of the stocks

The management of hake in European waters distinguishes between two big stocks: the northern stock (IIIa, IV, VI, VII and VIIIa,b,d) and the southern stock (VIIIc and IXa). Both are overexploited, though the state of each stock differs after years under specific recovery plans.

For the northern stock, news is still positive because since 1997 biomass has tended to increase, particularly in the last three years. Equally positive is the tendency for fishing mortality to decrease in recent years. This new situation for the stock which had been subjected to high levels of exploitation since the beginning of the 90s has meant that recently the breeding stock biomass has finally risen to within established precautionary limits. In any event there is still a great amount of uncertainty concerning the total number of catches due to the volumes of undeclared discards, especially for juveniles.

The state of exploitation of the southern stock however, rather than being corrected, has continued unabated. Fishing mortality over the last two decades is between two and four times greater than Fmsy, making stock recovery difficult. Recommendations for the closure of the fishery, which have been made repeatedly over the last seven years, have been ignored. Instead the recovery plan that was put into place has been a failure, despite the good recruitment years observed between 2005 and 2008 which saw a slight increase in breeding stock biomass. This means that a big opportunity for significant recovery of stock has been lost.

Catch levels have been double the approved TACs due to a lack of control and commitment from the fleets. In addition, a very high rate of discards has been in measured, representing, since the management plan was put into place, an average of 20.4% of the weight of unloaded catches.

To date, none of the recovery plans for European hake have been assessed by ICES.

Fig. ICES areas covered by the Commission’s statement. Areas in green are those for which the Commission has made a proposal, while those in yellow are yet to be agreed with third countries.

Increase in the sourthern stock TAC goes against scientific advice

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Oceana’s Position

Oceana welcomes the proposal of the European Commission of not increasing the TACs for the northern stock and keeping them at the same level as last year. The proposed level of 55101t meets the transition level proposed by ICES to achieve the MSY objective and takes into account the precautionary approach.

However, the Commission’s proposal to increase catches for the southern stock by 15%, supported by a management plan which has been shown to be completely ineffective, is completely unacceptable. This measure goes against scientific recommendations, the precautionary approach and the MSY objective. It is worth remembering that although ICES has not carried out an in-depth assessment of it, it has described it as invalid. Oceana urges that this be corrected and that the TAC be set at below 9900t, which would meet the above criteria and enable the breeding stock biomass to increase by 36%.

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Herring (Clupea harengus) Species description

Herring is found throughout the North Atlantic. In the North-East Atlantic, it is distributed from the Bay of Biscay up to Iceland and southern Greenland, including the Baltic Sea. The species forms schools in coastal waters and feeds on small pelagic copepods.

State of the stocks

In 2008, the EU approved a management plan for this species6, which ICES has assessed as being in compliance with the precautionary approach.

Norway’s northeast Atlantic stock is the largest of those regulated by the proposal. After the collapse it suffered in the 1980s, the stock has recovered and currently presents a good size, keeping the 2010 breeding stock biomass above the precautionary level.

Both in the Celtic Sea and southern Ireland, the state of the stock has also remained in a good condition and it continues to improve. The current breeding stock biomass levels recorded are the highest since the beginning of 1970 and fishing mortality is at an historical low below Fmsy. The stocks of the North Sea, Skagerrak, Kattegat and the eastern English Channel are in a similar situation.

Somewhat more at risk, at the limits of overexploitation, is the state of the stock in the Irish Sea. Although there is a downward trend in fishing mortality and very slow growth in the breeding stock biomass, the biological indices of biomass and recruitment are still low.

Finally, the stocks of the Vla (south) and Vllbc divisions are in a situation of complete overexploitation and collapse. Over the past 30 years, the levels of biomass and recruitment have remained minimal, without any evidence of a change in trend or recovery.

6 Council Regulation (EC) No 1300/2008

The fishing of herring is relatively selective and rarely alters the deep sea. The levels of discards do not appear to be relevant.

Fig. ICES areas covered by the Commission’s statement. Areas in green are those for which the Commission has made a proposal, while those in yellow are yet to be agreed with third countries.

Oceana’s Position

Since 1999, the Norwegian spring stock has been managed under the auspices of a plan agreed upon by the EU, Norway, Iceland, the Faroe Islands and Russia, which is showing excellent results. The proposal for next year of a million tons fulfils the above plan and follows the scientific recommendations, although the breeding stock biomass may suffer a decrease of 15%.

Fifth consecutive year that scientists have recommended closure for Divisions VIa and VIIb,c

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For the Vla (north) and Irish Sea (Vlla) Subareas, the proposed TACs, the former based on the management plan, are compatible with the levels approaching the MSY objective according to ICES, and Oceana is therefore in agreement with its adoption.

The quality of assessment has improved in the Celtic Sea and southern Ireland and there has been a significant change in how the stock is perceived. This makes it possible for scientists to consider the proposal of the Commission to increase catches by 30% appropriate, as this meets the transition levels to the MSY objective.

For the stock in the North Sea, Skagerrak, Kattegat and the eastern English Channel, the TAC of 188900t included in the management plan is considered compatible with the precautionary approach by ICES. Although biomass would only increase by 5%, it is expected that it will remain above Bmsy. The decision to be made about the TAC is pending negotiations with Norway.

In the Vla (south) and Vllbc divisions, the Commission’s proposal to reduce catches by 50% is not only insufficient to achieve the recovery objective, but is also contrary to scientific recommendations. This is the fifth consecutive year in which scientists, taking into account the precautionary approach, have recommended the closure of the fishery in order to achieve the MSY objective. Oceana rejects the Commission’s proposal for a 3726t TAC and urges the Council to close this fishery .

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Anchovy (Engraulis encrasicholus) Species description

The anchovy is found on the coasts of the East Atlantic, from Norway down to South Africa. This coastal species forms large schools, moving north in summer and south in winter. Its diet consists of planktonic invertebrates.

State of the stocks

In European waters the management of the stock is divided into two parts, the northern stock, which comprises the waters situated to the north of the Iberian Peninsula (Subarea VIII) and the southern stock, which refers to the waters located to the west of the Iberian Peninsula (division IXa).

Though the Commission's proposal does not consider the northern stock, we believe it is timely to describe what state it is in and make suggestions about its management.

In the Bay of Biscay, the fishery for the northern stock has been closed for five years, since its collapse following poor management measures which were carried out while completely ignoring scientific recommendations. After several years of the species showing no signs of recovery, the latest estimates from last year confirm a recovery in the breeding stock biomass and good levels of recruitment, which led to the reopening of the fishery last January.

Against all expectations for a stock that has only recently been stabilised, the newly approved TAC for the July-June campaign of 2010-2011 is more than double that recommended by ICES. According to this body the approved TAC could once again place biomass levels during 2011 below the precautionary limits.

With regards the southern stock, for over ten years the recommendations to reduce catches have been repeatedly ignored. In fact, every year the approved TACs are double the scientific recommendations. The latest analyses of the biomass of this stock

indicate an almost non-existent presence of age class 0, which indicates an alarming fall in recruitment.

Fig. ICES areas covered by the Commission’s statement. Areas in green are those for which the Commission has made a proposal, while those in yellow are yet to be agreed with third countries.

Oceana’s Position

With regards to the Bay of Biscay, Oceana is deeply concerned with the fact that after years of the fishery being closed, the stock was reopened with a TAC more than double the recommended level. This will once again endanger the species and shows a lack of commitment to sustainability of stock. No catch level has been proposed because this recommendation is normally made in the

Reopening of northern stock with a TAC that disregards scientific advice

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summer before the campaign, after the spring samples. In any event, it is expected that in the coming months a management plan will finally be agreed upon for the species. When this happens, Oceana will carry out its corresponding analysis.

For the southern stock, the Commission proposed a 15% reduction in catches, as it did last year, which in the end was not approved. This attitude is difficult to understand given that the current TACs set for this stock are not restrictive. There has not been a single year in which the catch recommendations for this stock have been followed. Oceana requests that the catches be reduced by a percentage which is equal to or greater than the rate of decline in stock. This criterion would mean a 70% drop in catches or, in other words, a TAC of 2400t.

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Haddock (Melanogrammus aeglefinus)

Species description

Haddock is found in the North-East Atlantic, from the Bay of Biscay to the Barents Sea. It is also found in the North-West Atlantic. Adults are found between 80 and 200 meters depth, on rocky, sandy or gravel bottoms. The species feeds on benthic organisms including crustaceans, molluscs, equinoderms and fish.

State of the stocks

The state of haddock stocks in European waters is generally acceptable and biomass is within safe biological limits. However, this is a recent occurrence and the situation is not stable. Threats in different areas stem from problems caused by unsustainable exploitation, discards and undeclared catches.

The North Sea and Skagerrak stocks are in a good condition. Fishing mortality rates are below the Fpa, and the breeding stock biomass is within the MSY objective. On the other hand recruitment over the last ten years has been relatively low, except in 2005 and 2009. The haddock discards in these areas are high.

There is a similar situation with the Rockall stock, for which breeding stock biomass is above Bpa and fishing mortality is close to Fmsy. Nevertheless, the marked downward trend for biomass during the last two years is worrying.

Over the last two years the breeding stock biomass in the Irish Sea has suffered a worrying and significant drop, with levels 46% lower than the three preceding years. Scientists are confident that this trend will stop or correct itself. Fishing mortality remains stable. The discards in this area are estimated at 100% for one year old recruits; 44-95% for two year olds; 19-75% for three year olds.

The stocks in the worst condition are those in western Scotland. Reductions established in earlier years have not been sufficient enough to recover the stock. The estimated levels of breeding stock

biomass for 2010 are at their lowest levels in over 35 years, below safe biological limits, so the likelihood of stock recovery in the short term is difficult.

Fig. ICES areas covered by the Commission’s statement. Areas in green are those for which the Commission has made a proposal, while those in yellow are yet to be agreed with third countries.

The stock of divisions Vllb-k shows that, despite the continued increase in breeding stock biomass, 36% higher for the last two years compared with the three before, recruitments are variable. This situation can be explained by the high levels of discards which, in the last 10 years, are estimated at around 66% of all catches (88% for year old recruits, 49% for 2 years, 16% for three year olds). This

In recent years around 50% of the catches have been discarded

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situation means that exceptional recruitment levels, such as those in 2009, do not have a positive effect on the stock which is still being overexploited. Moreover, fishing mortality levels are above Fmsy.

Oceana’s Position

Due to the little control over real catches and the high levels of discards of haddock, the regulation of its exploitation solely through TAC variations is not suitable. It is necessary to urgently introduce management measures linked to improving fishing selectivity. These measures must guarantee the reduction of the current levels of discards with the aim of maximising additional recruits to the breeding stock biomass and future catches.

Oceana proposes the revision of the possible improvements to selectivity and their application in the fishery. For example, a scientific study7 has indicated that the use of a square mesh opening of at least 120mm in haddock and mixed fishing would make it possible to significantly reduce their discards.

In the North Sea and Skagerrak the management of stocks is dependent on negotiations with Norway, so the Commission has not made a proposal. There is however a management plan, agreed upon by all parties, which ICES has provisionally assessed in accordance with the precautionary approach. For 2011 the plan’s TAC meets the transition levels to the MSY objective, and Oceana therefore believes that it is suitable. Work in recent years to reduce discard levels, currently at 24%, is yielding good results and must be encouraged. Another of the measures is the implementation of an increase in the mesh openings to 120mm, allowing an increasing number of recruits to be incorporated into the breeding stock biomass, improving the breeding capacity of the stock.

The management of the Irish Sea stock during recent years has been based on its abundance, without considering the fall in recruitment or

7 BIM.2009. Summary report of gear trials to support Irelands submission under Articles 11 & 13 of Reg. 1342/2008. Nephrops Fisheries VIIa & VIIb-k. Project 09.SM.T1.01. Bord Iascaigh Mhara (BIM) May 2009

in the abundance itself. According to ICES the proposed TAC must stop the decline in biomass, although it recalls that it is necessary to reduce the levels of fishing mortality, which are currently above Fmsy.

In division Vllb-k the leniency with the high rates of discards mentioned above puts the stock at risk. Oceana believes that the Commission's proposal to keep last year's TAC is inconsistent, as it is not restrictive. In 2009 the official landings were more than four times less than the established TAC. Oceana proposes a reduction in the activity, the introduction of more selective fishing techniques and a reduction in the TAC so that it fits the reality of the fishery.

For stocks from eastern Scotland and Rockall, the Commission has proposed a 25% reduction, similar to the one adopted last year. In both cases, this reduction, although significant, has been insufficient to recover the stock in the short and mid-term, it even makes things worse in the case of Rockall. The levels proposed are not in accordance with the management plans either.

In the case of eastern Scotland, the level is the same as the catches made by the fleet during the years 2008 and 2009, so it is not restrictive. In addition to that, discards in this area are close to 40%. This is the third consecutive year in which ICES has recommended the closure of the fishery in adherence to the precautionary approach. Oceana urges the Council to close this fishery.

For the Rockall stock, managed jointly with Subareas XII and XIV, the Commission's proposal means a 28% reduction in biomass. Oceana is advocating for a 45% reduction of the TAC in accordance with the management plan, while meeting the transition levels to the MSY objective.

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Megrim (Lepidorhombus spp.)

Species description

The two species of megrim found in the North-East Atlantic are Lepidorhombus whiffiagonis and Lepidorhombus boscii. Widely distributed, these species are found from Icelandic waters to the African coasts of the Western Sahara on soft bottoms and at depths ranging between 288 and 700 meters where they feed on small demersal fish, cephalopods and crustaceans.

State of the stocks

Despite the fact that this stock is widely distributed, after years of overexploitation, it is severely depleted. Of the two jointly managed species, L. whiffiagonis, which contributes 20% of the total catches, is in the worst state of conservation.

In the Iberian Peninsula, division Vlllc and Subarea IX, the stocks have not stopped decreasing since the eighties and are still being overexploited. Although in recent years there has been a slight upward trend, biomass levels are still very low. The fishing mortality is still above Fmsy, apart from during the last two years for L. whiffiagonis. The TACs, which for many years have been six times greater than those recommended by scientists, are putting the stock under sustained excessive pressure from fishing. The range of discards for both species is between 15% and 25%, although this is considered an underestimate.

Although the state of the stock is not exactly certain in the Celtic Sea and division VIIIabd, the scientific research and landing data seem to indicate that the stock is remaining at low, relatively stable levels. The management implemented for this stock has not followed the recommendations for catches made by scientists.

For the stocks of western Scotland and the North Sea, there are no analytical assessments. The scientific sampling points to an increase in biomass between 2005 and 2007 for westtern Scotland, whilst for

the North Sea, it indicates a drop. The credibility gaps between these results are so ample that it is not possible to claim that there have been any significant changes in the abundance within the analysed time series. The level of exploitation of the stocks is unknown and uncertain.

Fig. ICES areas covered by the Commission’s statement. Areas in green are those for which the Commission has made a proposal, while those in yellow are yet to be agreed with third countries.

Oceana’s Position

The management measures taken by the EU seem to indicate that there is a certain level of compliance with keeping the low level of

Stocks managed outside scientific advice

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stock biomass stable. On catching the two species together, they are subject to a combined TAC.

The reductions proposed for the Iberian Peninsula stock are contrary to scientific recommendations and should be below 890t to achieve the MSY commitment. Therefore, Oceana requests that it be altered.

In the Celtic Sea and division VIIIabd, the TAC proposed by the Commission, which is 15% lower than 2010, is not expected to contribute to the recovery of the resources, because the TACs established beforehand were not restrictive enough. Although there is no quantitative scientific recommendation, ICES indicates that it is necessary to reduce catches and fishing activity. Oceana is of the opinion that the TACs should be reduced at the very least to the current landing levels.

Due to a lack of knowledge on the state and evolution of western Scotland and the North Sea stocks, scientists recommend not increasing catches and reducing activity. In compliance with these criteria, the Commission proposes not to vary the TAC from that of the previous year. Given that the TACs set in previous years were not restrictive enough, Oceana proposes a reduction in the TACs by adjusting them to the current number of catches, which would ensure that they do not increase.

The poor state of the stocks in some areas and the uncertainty about their evolution in others makes it necessary to improve data collection systems and, consequently, the assessment of this species. While the two species of megrim (L. whiffiagonis and L. boscii) are indistinguishable, which makes it impossible to properly manage both resources, the management of these stocks must be set in accordance with the species in the worst state of preservation.

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Anglerfish (Lophius spp.) Species description

Anglerfish are found in the majority of the world's oceans. The two species found in the North Atlantic are the angler (Lophius piscatorius) and black-bellied angler (Lophius budegassa). Anglerfish are distributed from the south-west of the Barents Sea to the Straits of Gibraltar and the African coasts, including the Mediterranean and Black Seas. The black-bellied angler is distributed more towards the south. Anglerfish live on soft or muddy bottoms where they bury themselves waiting for prey, mainly fish.

State of the stocks

Although there are serious shortcomings in the knowledge of the state of the stocks, they are still being overexploited. The management of these stocks does not differ for the two species being caught.

For the stocks of the Norwegian Sea, the North Sea, western Scotland and Rockall, there is no solid analytical assessment. However, scientific studies warn of a drop in abundance since 2005 and in biomass since 2008, excluding the stock of Rockall. For the stocks as a whole, there have been reports of big discrepancies between the catches declared and those carried out, around 40-60%. Nor is the true extent of the activity taking place known, which is a source of a great deal of uncertainty. The vulnerability of these species to overexploitation has recently increased due to the development of fisheries in deeper waters that are considered spawning areas.

For areas VIIIb-k and VIIIabd there are no solid assessments of the state of the stocks either. Indications are that biomass of these stocks are recovering, and therefore, there is a simultaneous increase in the levels of recruitment. This positive trend appears to have changed in 2009. In these fisheries it is estimated that there are

also significant volumes of undeclared catches and there are indications that discards have been on the increase in recent years.

Fig. ICES areas covered by the Commission’s statement. Areas in green are those for which the Commission has made a proposal, while those in yellow are yet to be agreed with third countries.

In the Iberian Peninsula stocks of anglerfish remain at very low levels. For six years the landings have amounted to double the established TACs. After touching rock bottom and being close to collapse, and following years of recommendations for zero catches being ignored, the current situation differs depending on the species. For L. piscatorius the species with the greatest amount of catches, around 70%, the situation is critical: fishing mortality remains very

A large proportion of the catches have not reached reproductive age

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high and biomass is at minimal levels showing no signs of recovery. For L. budegassa the reduction in fishing mortality since 1999, below Fmsy since 2008, seems to have changed the stock’s tendency. Although biomass stock has begun to recover, it is important to remember that it is still at very low levels, certainly below Bmsy.

A large proportion of the catches involve immature fish. Moreover, for this species there is no minimum commercial size, instead in 1996 a minimum landing weight of 500g was established. The situation endangers the possible positive evolution of the stock by preventing the young individuals that have resulted from the latest good levels of recruitment, from reproducing.

Oceana’s Position

Oceana proposes setting a minimum landing size linked to the reproductive size and increasing the mesh opening for the nets used for this fishery in accordance with this criterion. On catching and registering the landings of the two species together, they are subject to a combined TAC. The species requires a management plan, based on objective scientific criteria to control its exploitation.

Oceana believes that the Commission's proposal to reduce the TAC of the stocks of the Norwegian Sea, the North Sea, western Scotland and Rockall, to be a step in the right direction, but insufficient. The proposed level of reduction does not reach the estimated rate of decline in abundance and biomass which, excluding Rockall, is at 30%. This is the minimum reduction which should be applied. Given that the amount of real catches is unknown, there is only landing information, scientists have been demanding a reduction in fishing effort.

In Subarea VII and divisions VIIIabd, the Commission proposes a 15% reduction in catches. This corrects last year’s increase, when scientific recommendations explicitly requested that catches and effort not be increased. Oceana agrees with this measure, because the state of the stock is unknown and there is not enough information to indicate that biomass is recovering. For the next few years this

downward trend should be continued until the improvement of the stock has been confirmed.

The Commission’s proposal of maintaining the same TAC for the southern stock, although a priori meeting the transition level to the MSY, does not seem consistent, because the application of the prior TAC has not confirmed the recovery of the stock. During the disastrous management of the southern stock, the landings of this species have, for six years, systematically doubled the established TACs. Therefore, Oceana considers this measure to be insufficient to permit the recovery of the species and recommends, following the recommendations of the last seven years, the closure of the fishery. It is important to remember that since 2004 the catches have exceeded the established TACs, so the implementation of improvements to the control system is required.

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Mackerel (Scomber scombrus) Species description

Atlantic mackerel is present throughout the North Atlantic, although it is more abundant around the continental shelf, in cold or temperate waters. Mackerel form large schools and feed on zooplankton and small fish.

State of the stocks

The northeast Atlantic stock is overexploited. Despite this, the size of the reproductive stock has increased since 2005 and is now within the precautionary limits

The various agreements adopted between the countries with fishing interests have not managed to control fishing mortality. Therefore, the species has seen records of mortality rates above precautionary limits for over 19 years.

Over the past four years breeding stock biomass levels have clearly remained above the precautionary limit. Although it is important to remember that in 2002 biomass almost dropped below safe biological limits.

Although there is not enough information to confirm the recruitments of recent years, they appear to be average, albeit below the good recruitment levels of 2002, 2005 and 2006.

Catches consistently and continuously exceed TACs for this species in all areas of exploitation. This lack of control seriously threatens the evolution of the stock.

There is no proper evaluation concerning discards. They are currently estimated at 2%, although it is accepted that this is an underestimate, because data is not available for some fleets. For other fleets, however, the discards may be significant. In 2008, fleets from Holland, Scotland and Germany alone discarded more than 27000 tons of mackerel.

Fig. ICES areas covered by the Commission’s statement. Areas in green are those for which the Commission has made a proposal, while those in yellow are yet to be agreed with third countries.

Oceana’s Position

A management plan was agreed upon in 2008 by the EU, the Faroe Islands and Norway, replacing a previous agreement reached in 1999. The quotas for these countries were established by the agreement so the Commission did not present any proposals. Interestingly, one of the objectives of this management plan is to maintain breeding stock biomass above a defined level that is in fact below the precautionary level. Although ICES has described the plan as preventative, this objective must be modified.

Catch levels above the agreed TACs in all areas

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According to scientific advice, the TAC in the management plan for 2011 is consistent with the precautionary approach and the MSY objective, so Oceana has no objections to it being applied, provided that it is ensured that catches do not exceed the agreed level.

Controlling excess catches continues to be a problem for this species. For years the catches have exceeded the levels established by the management plan. This situation leads to mortality rates which exceed the real fishing opportunities and are not in accordance with the objectives which have been set.

In 2010, Iceland and the Faroe Islands unilaterally decided to increase their catch quotas, by 200% and 257% respectively, with the latter country therefore breaking their previously negotiated agreement. This attitude endangers the coordinated exploitation of the resource, with unpredictable biological consequences, as well as risking other fishing agreements. Oceana urges these governments to seek a consensus which will enable the sustainable exploitation of common fishery resources.

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Great silver smelt (Argentina silus) Species description

Greater silver smelt can be found from Svalvard to the east coast of Scotland and Ireland, as well as in the deeper waters of the North Sea. It also occurs in the West Atlantic. The species is bathypelagic, forming schools close to the bottom. Its diet consists of planktonic invertebrates.

State of the stocks

The scientific information available is insufficient to determine the condition of the stocks. The low productivity of the species indicates that it is subject to overexploitation, despite having low fishing mortality levels.

In Icelandic waters, trends in recorded age classes indicate that the stock is at a reduced level. Since 2007, this fishery has increased greatly, and has progressed from great silver smelt being incidentally caught within redfish fisheries, to being directly targeted. As a result, average catch levels of 276t in the 1990s have increased to levels of 8800t and 11000t during 2008 and 2009, respectively. This increase in catch has not been based on evidence of biomass recovery, but on market demand.

For the rest of the areas in the proposal (I, II, IIIa, IV, Vb, VI and VII), catches increased significantly in 2001, but the entry of TAC regulations in 2003 put a stop to this trend. The reductions mainly affected Subareas VI and VII. The subsequent introduction of the Norwegian TAC for the species in 2007, with the same aim of reducing the growing fishing trend, has also brought about a decrease in catches since then.

After years of maintaining a directed fishery for this species, the general decline in the proportion of adult fish in catches shows that exploitation rates are too high.

In all areas, discards of this species are significant because they are caught incidentally by the trawling fleet. In the areas VI and VII these volumes could be especially significant.

Fig. ICES areas covered by the Commission’s statement. Areas in green are those for which the Commission has made a proposal, while those in yellow are yet to be agreed with third countries.

Oceana’s Position

ICES recalls that this species, due to its biological characteristics of slow growth, late reproductive maturity and low productivity, can only sustain low levels of exploitation. Moreover, its sociable behaviour makes it a very vulnerable species, as it is susceptible to rapid local depletion.

Changes in population structure point to overexplotation of the stocks

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In Icelandic waters, the notable increase in catches of great silver smelt is causing drastic changes in the population structure of the stock. There is a clear depletion of adult fish, which are currently at a historical low. Over a few years, average sizes caught have dropped from 45cm in 1997 to 38cm in 2009; average ages caught have fallen from 15.7 in 1997 to 9.5 in 2009. Oceana, in accordance with the scientific advice received, recommends reducing exploitation to levels similar to those between 2001 and 2007 (i.e., between 2700t and 4800t).

For the rest of the areas in the proposal (I, II, IIIa, IV, Vb, VI, and VII), the Commission has proposed a 15% reduction of the TACs. Oceana considers the proposal insufficient and requests a greater reduction, because the obvious fall in catches of adult fish may cause a significant drop in recruitment in the coming years.

It is necessary to establish a minimum landing size for the species, using scientific criteria, for all managed stocks.

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Norway lobster (Nephrops norvegicus) Species description

Norway lobster occurs throughout the continental shelf and the East Atlantic slope, from Iceland to the Atlantic coast of Morocco. It is present in muddy bottoms between 20 and 800 meters depth. The species feeds on detritus, crustaceans and annelids.

State of the stocks

The general situation of the stocks is not unfavourable, with several areas exploited in accordance with the precautionary principle. However, problems continue to deteriorate for stocks which are in worse condition, such as in the west of Scotland, and for those which remain in a very critical state, such as those in the north and west areas of the Iberian Peninsula.

In Division IIIa, biological indicators suggest that during recent years the stock has been exploited in a sustainable manner. The plentiful capture of small individuals indicates high levels of recruitment. Despite the good condition of the stock, it must be stressed that discards in 2009 represented 56% of total catches.

In the North Sea, catches grew constantly until 2006, doubling in a period of ten years. Since that year, catches have slowly begun to decline. The current management of the Norway lobster in the North Sea, both in terms of TAC and effort, does not offer enough guarantees to avoid the local depletion of the species.

In the west of Scotland, exploitation has recently intensified to an alarming extent, to the point that certain populations have declined more than 40% in the last two years. During the last five years the level of discards in the area has been roughly 20%. The stock is in a fragile situation.

In the area of the Iberian Peninsula, stocks continue to be overexploited and to deteriorate; biomass levels are extremely low and in a critical situation. Currently, the established TACs exceed

fishing opportunities and, as such, they are useless and the fleet catches as much as it can, depleting the stock. Under these conditions, the state of the stock is so poor that in 2009 less than 27 tons were landed in area VIIIc and 270 t in area IXa. The situation of the stocks is alarming.

In Divisions VIIIab of the Bay of Biscay, the real condition of the stock is unknown. However, breeding stock biomass and fishing mortality have remained quite stable for the last 20 years. Recruitment had a downward trend until 1998, but appears to have increased slightly since then and currently remains at around 35% of total catches.

Fig. ICES areas covered by the Commission’s statement. Areas in green are those for which the Commission has made a proposal, while those in yellow are yet to be agreed with third countries.

Recommendations for closing the fisheries in waters of the Iberian Peninsula

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Oceana’s Position

The Commission’s proposals are insufficient in most cases. ICES has recommended a change in the geographical scope of the management of Norway lobster for years; ICES has requested management based on functional units for the North Sea, the west of Scotland, Division VII and the waters of the Iberian Peninsula (VIIIc and IXa). These units, which are smaller in size than the traditional divisions and subareas, are defined on the basis of the actual differentiated distribution of the species. ICES provides specific information on the state of the species in these units.

For area IIIa, the Commission’s proposal of reducing the TACs by 9% meets the scientific criteria for a transition to the MSY objective and the precautionary principle. Oceana approves the proposed reduction.

For the stock of the Bay of Biscay, VIIIabde, the Commission’s proposal for a 15% reduction is not consistent with scientific advice. Oceana requests that this be corrected, fixing the new TAC below 3100t, which is equivalent to a 20% reduction, in accordance with the precautionary principle.

Based on a management plan which has not been evaluated by ICES and which has not been a success, the Commission's proposals for the waters of the Iberian Peninsula are unacceptable. This is the ninth consecutive year that ICES has recommended the closure of the fishery in these areas.

In the north of the Iberian Peninsula, VIIIc, the management plan is of no use, because the TACs established are not restrictive. Furthermore, because the same TAC covers two different functional units, numbers 25 and 31, a disproportionate number of fish could be caught in one or the other, causing a higher than expected mortality in one of the units. After four years of implementing the management plan, the stocks, rather than recovering, are still declining and scientists have recommended a 0 TAC, in keeping with a precautionary approach. Oceana urges the Council to close this fishery.

For the West region of the Iberian Peninsula, IXa, the situation is not much better. The overexploitation of five functional units has led scientists to recommend the closure of two units and significant reductions in the rest. Oceana urges the Council to close this fishery.

In the west of Scotland, the proposal by the Commission to reduce the TAC by 15% offers no guarantees to stop the deterioration of the stock. Although the proposal is a step forward, it must not be forgotten that scientific assessments in other years have determined the need to reduce TACs by roughly 50%. Oceana requests the approval of a greater reduction, with different TACs for different functional units.

The volume of discards in this fishery is significant. Furthermore, the use of this fishing gear causes a significant amount of by-catch and discards of other species, such as Atlantic cod, haddock and whiting. Scientists have repeatedly signalled the need to introduce improvements in the selectivity of fishing gear. Scientific studies recommend an increase in mesh size and the use of square mesh panels as an appropriate method of reducing these catches. The survival rate of discards in Norway lobster fisheries is estimated at around 30%.

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Ling (Molva molva) Species description

Ling occurs in waters of the North Atlantic. In the North-East Atlantic, it is found from the Barents Sea and Iceland down to Morocco. It lives on rocky bottoms in waters between 100 and 400 meters depth. The ling’s diet consists mainly of other fish, lobster and cephalopods.

State of the stocks

The interpretation of information about ling stocks has changed since 2008. This is due to a differentiation of catch-per-unit-effort (CPUE) values according to different types of fishing gear, with varying effort levels that cannot be compared over time.

In the Barents Sea and Norwegian Sea, catches have increased since 2006 to nearly double the recommended quotas. Although there is no reliable information for evaluating the state of the stock, the interpretation of stock status based on the catch-per-unit-effort (CPUE) values, which have constantly increased since 2000, seems to indicate that catches have not had a detrimental effect on the population during this period. However, this statement should be taken cautiously.

In the Faroe Islands (Vb), abundance indices seem to suggest that the stock has remained stable since the mid-1980s, but there is some uncertainty concerning the actual state of the stock.

In Icelandic waters, abundance indices based on recruitment and exploitable biomass seem positive. However, scientists stress that there is still no evidence which proves that the fishery is sustainable.

For the stocks of Divisions IIIa and IVa and Subareas VI, VII, VIII, IX, XII and XIV, CPUE values are used as an indicator of their status and trends. In the main areas of fishing, Division IVa and Subareas VI, CPUE has increased and remained stable, respectively. The majority of other landings are incidental catches in fisheries directed at other species of higher economic value.

Fig. ICES areas covered by the Commission’s statement. Areas in green are those for which the Commission has made a proposal, while those in yellow are yet to be agreed with third countries.

Oceana’s Position

The new interpretation of CPUE does not suggest a decrease in the analysed stocks, and so current levels of exploitation do not seem to be detrimental for the populations. In view of this new interpretation, Oceana recommends precaution and strict monitoring of trends. It is important to remember that scientists have also stated that there is a lack of knowledge about the true state of the stock and that, due to its low productivity, it is vulnerable to overexploitation, even at very low catch levels.

Changes in the interpretation of stocks status

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For the Faroe Islands stock, the Commission has not produced a proposal, because the established TAC is pending an agreement with other countries. Scientists have recommended a reduction in catches.

In the Barents Sea and Norway, the proposal to reduce the catch levels by 5% appears to agree with the trend in CPUE values. Oceana approves this reduction, but expresses a certain degree of scepticism, because scientists have recommended greater reductions in previous years.

For the remainder of the areas, Divisions IIIa and IVa and Subareas VI, VII, VIII, IX, XII and XIV, historical fisheries data indicate that the stock remained stable during 2003-2008, and do not suggest a decline in stocks. Scientists have recommended restricting catches to recent catch levels, and therefore Oceana is in agreement with the Commission's proposal to not vary the TAC.

ICES has repeatedly stressed the need to have and collect better data for all areas. Currently, most of the information comes exclusively from trends in catch-per-unit-effort (CPUE).

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Horse mackerel (Trachurus trachurus) Species description

Horse mackerel occurs in the Mediterranean and East Atlantic, from Norway to South Africa. It lives in coastal areas on sandy bottoms and forms large schools. Its diet consists mainly of fish, crustaceans and cephalopods.

State of the stocks

Three large stocks are managed separately in EU waters, with very different states of conservation and exploitation among them.

The state of the North Sea horse mackerel, in Divisions IIIa, IVb-c and VIId, is unknown. Since 1998, catches have tripled, increasing significantly. The sustainability of these increases has not been assessed. Although no change has yet been detected in the structure of age classes, recruitment in the most recent years for which there is information (2006-2008) has been weak.

The western stock, comprising Divisions IIa, IVa, Vb, VIa, VIIa-c, VIIe-k, VIIIa-e, is in a good state, and has been within precautionary limits for more than five years. This trend can be explained by the fishing mortality levels in the area, which, despite increasing since 2006, are still low and below Fmsy levels. There has been no evidence of strong recruitment since 2001.

The state of the southern stock (Division IXa) seems to have stabilised since 2004, after the minimum levels recorded between 1998 and 2003. Recruitment is highly variable. The abundance of the stock during the last two years is more than 20% below the estimated average for the three preceding years.

The high catch levels of juveniles continue to be one of the main problems of this fishery.

Fig. ICES areas covered by the Commission’s statement. Areas in green are those for which the Commission has made a proposal, while those in yellow are yet to be agreed with third countries.

Oceana’s Position

The Commission has not presented any proposals, as it is awaiting the outcome of negotiations with Norway and the Faroe Islands.

For the western stock, the Pelagic RAC proposed a management plan which, without being formally adopted, has been used to set the TAC since 2008. ICES evaluated the plan in 2007 and warned that some baseline scenarios had not been assessed. Following the guidelines of this plan, the total recommended catch for the stock is 181000 tons. Oceana applauds the adoption of a plan that regulates

The proposed TACs exceed the scientific recommendations

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the fishery; however, it does not agree with the objective of maintaining biomass only slightly greater than precautionary levels.

For the North Sea stock, scientific advice has been the same since 2002: to reduce the catches to the levels of 1982-1997 (i.e., 17600t). However, approved TACs have repeatedly been between two and three times greater than this. The Commission has proposed a 15% reduction, which would put the TAC at 40336t. In light of scientific recommendations, Oceana believes that this reduction is insufficient and requests a 63% reduction in order to comply with scientific advice.

The TACs proposed by the Commission for the southern stock are in excess of the scientific recommendations. The proposed 15% reduction is insufficient to achieve the 25000t that have been recommended by scientists for six years, in accordance with the precautionary principle. Oceana requests that the scientific recommendations concerning catches finally be adopted.

ICES has recommended that the management units for the allocation of TACs should conform to the distribution used to assess the different horse mackerel stocks (West, North Sea and South) in order to improve the management of the species.

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Greenland halibut (Reinhardtius hippoglossoides) Species description

Greenland halibut is distributed around the world, in Arctic waters and temperate waters of the northern hemisphere. In the North-East Atlantic, it occurs from the Barents Sea to southern Ireland. This epibenthic species feeds on fish, crustaceans and other benthic invertebrates.

State of the stocks

Stocks of Greenland halibut in the northeast Atlantic are clearly overexploited. Population sizes have reached historical lows in almost all areas. The situation is particularly worrying a the species is considered extremely vulnerable due to its biological characteristics (slow growth and low productivity) and its likely slow response to recovery measures.

In Subareas I and II, the regions of the Barents Sea and the Norwegian Sea, available biological indicators from landings, surveys and CPUE do nothing to change previous years’ impressions of overexploitation. For 25 years, the stock in Subarea II has had low biomass levels and catches have been between 15000t and 25000t. During the 1990s, catches were particularly excessive, and recommendations for zero TAC were consistently ignored for six years. The countries with the largest catches are Norway and Russia.

In the remainder of the areas included in this proposal for which there is a description of the state of the stock (V, VI and XIV), the situation is very worrying. Biomass levels have been below Bmsy since the beginning of the 1990s and they are currently at historical lows, at 40% of Bmsy. Fishing mortality is estimated at between 3-4 times greater than that associated with MSY. The high catches at the end of the 1980s and the increase at the beginning of 2000 have particularly contributed to the decline of the population. Most of the

European fleet’s catches are concentrated in Divisions Va and Subarea XIV, the waters of Iceland and Greenland, respectively.

Fig. ICES areas covered by the Commission’s statement. Areas in green are those for which the Commission has made a proposal, while those in yellow are yet to be agreed with third countries.

Oceana’s Position

For the stocks of Subareas I and II, the recommendation is the same as last year. With the aim of increasing breeding stock biomass, catches must be kept well below current levels, at which the stock is overexploited. Catches must be below 13000t, as has been recommended by scientists since 2003. This is the level below which

Most stocks are overexploited

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biomass increased in the past. Oceana requests that the TAC be set in accordance with this criterion.

For the rest of the areas analysed, ICES has warned of the need to reduce mortality below Fmsy. This level corresponds to catches below 5000t for 2011. Even if the fishery were closed during 2011, biomass would still remain below Bmsy. This reduction in catches should be accompanied by an adaptive management plan which covers all of the areas of the stock, unifying the management of the species.

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Plaice (Pleuronectes platessa) Species description

European plaice is distributed throughout the North-East Atlantic, from Greenland and Norway to Morocco. The distribution of the species in the water column depends on its age, where older specimens tend to migrate to greater depths. The species feeds on molluscs and polychaete worms. Plaice is the most important flat fish in European fisheries.

State of the stocks

Most plaice stocks are overexploited. As a result, current catches are much lower than at the beginning of this decade. Some fisheries reach discard rates of 80%, due to an imbalance between minimum landing sizes and fishing gear mesh sizes.

The only exception is in the Irish Sea where the biomass indicates an increase in stock size since the mid-1990s, which has subsequently stabilised. Mortality has shown a downward trend since the beginning of the 1990s. In any case, the scientific assessment warns of the possibility of the size of the stock being overestimated and fishing mortality being underestimated.

The North Sea stock is within precautionary limits. Biomass is above Bmsy while fishing mortality has been reduced from levels of safe biological limits in the year 2000 to Bmsy in 2008. The management plan implemented by the EU for plaice and sole in this area seems to be yielding good results.

The same cannot be said for other areas. In the Celtic Sea, the stock is still being overexploited. Although biomass reached its highest level between 1988 and 1990, after some good years it declined significantly and since 2002 has been below the safe biological limit. Fishing mortality appears to have fallen since 2004, but it may be underestimated and in any case is above Fmsy. Recruitment was high during the 1980s, but has remained low since then. It is

estimated that the catches during 2009 may have been 36% greater than the agreed TAC.

In the English Channel, the stocks are overexploited. Breeding stock biomass in Division VIId, after declining continuously since 1990, has stabilised at a low level since 2004, and fishing mortality varies without any defined trend. Biomass in Division VIIe is at historical low levels and, for the first time in more than 30 years, fishing mortality in 2009 was at the Fpa limit.

Fig. ICES areas covered by the Commission’s statement. Areas in green are those for which the Commission has made a proposal, while those in yellow are yet to be agreed with third countries.

In four of the last eight years, discards have exceeded landings in the North Sea

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For the west of Ireland (Divisions VIIb-c and VIIh-k), population status is unknown and available catch statistics are not considered reliable enough to estimate trends in abundance. The TACs established during the last decade have been between 2-5 times greater than catches for the west of Ireland, whilst fishing mortality is very high for Divisions VIIh-k.

In Skagerrak and Kattegat, differences in biological measurements of biomass, mortality and recruitment present contradictory results for these stocks. Levels of abundance and recruitment of plaice during the last six to eight years are significantly greater than those of the 1990s. In this area, mesh sizes are smaller than the minimum landing size, 27cm, which generates a large amount of discards.

Oceana’s Position

The European Commission’s proposals are insufficient in most cases. Only the proposals for the Irish Sea and the eastern English Channel comply with the scientific recommendations.

For the Celtic Sea stock, the Commission proposes a 9% reduction. Considering that biomass is close to safe biological limits and fishing mortality is double that of Fmsy, Oceana considers this reduction to be insufficient. Applying the scientific recommendations, and considering the precautionary principle, the established TAC should be reduced by 66%, to below 150t. Oceana requests that this proposal be revised in accordance with a precautionary approach.

The proposal for the North Sea is a product of bilateral agreements reached with Norway, and it was not presented by the Commission. The TAC in the implemented management plan signifies a 12% increase. According to ICES, this level can be considered suitable under a precautionary approach for 2011. Oceana recommends this option.

The Commission’s proposal of a 15% reduction in catches for the west of Ireland is positive but completely insufficient to control fishing activity. The TACs established for the last two years were 2.5 times greater than catches. Following scientific criteria, Oceana proposes

reducing the TAC by 44%, to the level of average landings between 2006 and 2008 (i.e., 45t).

Likewise, the 15% reduction in catches in the southeast of Ireland is a step in the right direction, but the TACs have not been restrictive. This persistence in maintaining excessive TACs is not logical. Oceana proposes a reduction of the TAC to levels 15% below landings for the last 5 years.

In the English Channel, whilst the proposed TAC for Division VIIe complies with the scientific recommendation for a precautionary approach, the level proposed for Division VIId exceeds precautionary recommendations by 15%. This is not surprising, given that scientific recommendations concerning catch levels have been consistently ignored for 20 years. Oceana urges that the TAC be set at 3400t for this stock.

On the positive side, proposals to maintain the catch levels in the Irish Sea are in line with scientific recommendations. Considering the indications of a possible overestimate of the size of the stock and an underestimate of mortality, Oceana considers this decision to be correct.

The European Commission has not presented a TAC proposal for Kattegat and Skagerrak because negotiations with Norway are pending. In any case, scientific recommendations made in the last three years have not been followed and TACs exceeding these recommendations have been adopted. The proposed TAC for 2011, in answer to criticism of European policy, is reduced by 15% (i.e., to 9935t). Scientists have suggested that in order to comply with a precautionary approach and the MSY objective, catches should not exceed 8000t. Oceana requests that the proposed TAC be rectified in accordance with this scientific recommendation.

Any measure which brings about a reduction in discards will favour an increase in future productivity of the fishery.

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Saithe (Pollachius virens) Species description

Saithe is distributed throughout the North-West and North-East Atlantic. In the case of the North-East Atlantic, the species occurs from the Barents Sea to the Bay of Biscay and around Iceland. A gregarious fish, the saithe migrates to and from the North and South, feeding predominantly on other fish.

State of the stocks

Scientists have been unable to evaluate stock status for saithe in 2010 for the entire area of the North Sea, Skagerrak, western Scotland and Rockall, On the basis of last year, the stock appeared to be progressing satisfactorily, with biomass above precautionary levels since 2001. Since the introduction of fishing mortality objectives to the management plan, fishing mortality has remained at levels in line with MSY. It can be stated that the stock is no longer being overfished.

Biomass has declined in the last three years in Subareas I and II, the Norwegian Sea and Barents Sea, after having previously remained within precautionary limits since 1995. Fishing mortality has been below Fpa since 1996. Therefore, the stock can be considered to have been in a good state for 15 years, after a long period of low biomass prior to that.

On the other hand, the status of the stock in the Faroe Islands (Vb) is getting worse; breeding stock biomass, although above precautionary limits, is declining. Fishing mortality is excessive and is above safe biological limits. Recruitment has been minimal since 1998.

It should be mentioned that the fishery in this area operates under a system of fishing effort control that is not functioning properly. Scientists have been recommending a reduction in fishing effort and fishing mortality for more than 20 years. Despite this, catches have exceeded their recommendations by an average of 44%.

The effort management system is also fostering an acceleration of improvements in fishing technologies and practices that may hinder the reduction of fishing mortality.

Fig. ICES areas covered by the Commission’s statement. Areas in green are those for which the Commission has made a proposal, while those in yellow are yet to be agreed with third countries.

Oceana’s Position

The TAC for the North Sea, Skagerrak, west of Scotland and Rockall is pending negotiations with Norway. The TAC level under the management plan is 103000t. Scientists have stated that this level is consistent with MSY objectives although they recall that this plan

Management plans that prevent stock growth

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uses Bpa when it should instead use Bmsy as a biomass reference. At present, Oceana supports this proposal for next year.

In the Faroe Islands, greater reductions in effort are requested, in the region of 40%, to avoid recruitment problems and to maintain the temporal closure of the spawning areas. ICES has indicated that current stock management is not consistent with a precautionary approach. Oceana requests a reduction in fishing effort of 40%.

The proposal for the Norwegian Sea and Barents Sea is a product of the agreements with other countries, so it was not presented by the Commission. The EU maintains a low level of catches, but the stock is managed by Norway and Russia. In accordance with this plan, landings should be below 173000t. ICES has confirmed that the plan is in line with a precautionary approach, and therefore Oceana supports its implementation.

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Sandeel (Ammodytidae) Species description

Sandeels include the species Ammodytes marinus, Ammodytes tobianus and Ammodytes lanceolatus that are distributed throughout the North-East Atlantic, from the waters of the Barents Sea to the coasts of the Iberian Peninsula. These species are usually territorial, burying themselves in the seabed during the winter and feeding on plankton.

State of the stocks

The state of the majority of sandeel stocks is unknown due to insufficient or inadequate information. In the absence of data that allow correct management guidelines to be established, the trend in catches shows significant declines in all areas compared with 10 years ago.

In the North Sea and Skagerrak-Kattegat, the only stock with available information, breeding stock biomass is below precautionary levels. Scientists have recommended the closure of this fishery for the past five years, and have been repeatedly ignored. Scientists have warned of the serious risk that some sub-stocks in that area may be depleted. ICES recommends that management be carried out by dealing with smaller areas which better reflect the structure of the population, preventing local depletion.

Most of the catches comprise Ammodytes marinus and are primarily destined for the fish flour and fish oil industries.

Oceana’s Position

Since 2004, the regulation of sandeel catches has been based on the estimated abundance of individuals of age class 1+ at the start of the season.

The abundance and biomass of sandeel stocks may have been underestimated during recent years, due to the variability of this type of pelagic species and its high rate of natural mortality.

Management of the species in the North Sea is developed jointly with Norway. The methods used to calculate the annual TAC have been revised, and a new analytical method has been selected. The proposed TAC for next year is 253000t.

Fig. ICES areas covered by the Commission’s statement. Areas in green are those for which the Commission has made a proposal, while those in yellow are yet to be agreed with third countries.

Risk of stock depletion in areas of the North Sea after five years of zero-catch recommendations

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Oceana requests zero catches in all areas until the independent scientific bodies and available information make it possible to reopen the fishery, and zero catches in the North Sea until biomass has recovered to levels above precautionary limits.

Any modification will be insignificant if scientific recommendations continue to be ignored.

ICES warns about the importance of these stocks in the ecosystem as prey for many other species, and recommends the prevention of the decline of its biomass through the establishment of proper management measures.

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Common sole (Solea solea) Species description

The sole is distributed throughout the East Atlantic, from the Norwegian Sea -including the Baltic Sea and the North Sea- down to Senegal. The species is non-gregarious, lives buried in sandy or muddy bottoms and its diet consists of molluscs, annelids and small crustaceans.

State of the stocks

All of the stocks of sole in Community waters are overexploited. The only exceptions to this dismal scenario are in Skaggerak-Kattegat and the Baltic Sea.

In Skagerrak, Kattegat and the Baltic Sea, stock assessments are favourable. Although the situation is positive, it is important to add that while biomass is above Bmsy, the trend since 2005 has been downward. Fishing mortality, slightly below Fmsy, seems to have been stable since 2005. Recruitment has been average since 2003. The latest evaluations have overestimated stock size; in 2008 the stock was overestimated by 30%.

The stock in Division VIIfg of the Celtic Sea is in a similar situation. Biomass levels have been greater than Bpa and Bmsy since 2001. Fishing mortality has decreased since 2003 and is at the lowest levels recorded in the time series. Recruitment has been average for the last few years.

In the North Sea, exploitation continues to maintain biomass on the boundary of precautionary levels, as it has done for the last decade. On the other hand, fishing effort continues to be high. The stock is not recovering.

The situation is quite different for the remainder of the areas. Stocks are overexploited in the Irish Sea and western English Channel. Biomass in the Irish Sea is so far below safe biological limits that the stock is in danger of collapse. After more than 40 years above

precautionary limits, the mortality rate has fallen below this level for the first time in 2010; it is still nearly twice the Fmsy. In addition to this situation, recruitment during the last five years has been the lowest in recent times. In the western English Channel, despite a significant reduction in fishing effort over the last two years to bring it below Fmsy, breeding stock biomass is still below Bmsy with the lowest levels observed in the time series. Recruitment is fluctuating without a clear trend.

Fig. ICES areas covered by the Commission’s statement. Areas in green are those for which the Commission has made a proposal, while those in yellow are yet to be agreed with third countries.

Mistakes and successes in the management of stocks

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For the eastern English Channel, breeding stock biomass has been above Bpa since 2002. Fishing mortality has increased in the last 4 years, fluctuating between Fpa and Flim limits. Recruitment has been above average during the last decade.

In Divisions VIIb-c and VIIh-k, the status of the stock is unknown. However, fishing mortality estimates suggest that it may be below Fmsy in Divisions VIIj-k.

In Divisions VIIIab, the stock appears to be recovering. After years of excessive fishing effort and population size at the edge of precautionary limits, it appears that the reduction in mortality has put breeding stock above Bpa for the first time in ten years.

Oceana’s Position

The Commission’s proposal for Skagerrak, Kattegat and the Baltic Sea is to increase catches by 20%. Although this increase is in line with MSY, the management plan does not follow scientific recommendations for a precautionary approach. Oceana requests that current levels be maintained, (i.e., an increase of 0%), to stabilise the status of the stock in the area.

In the North Sea, the Commission’s proposal to reduce the TAC by 4% in line with the management plan is positive. ICES has accepted the plan as a precaution. This TAC will make it possible to reduce effort by 10% and to increase biomass for next year by 5%, stabilising the recovery of the stock. Oceana supports this proposal.

The Commission’s proposed 25% increase of the TAC for Divisions VIIfg, in the Celtic Sea is in line with scientific evaluations. Oceana requests that the TAC be gradually increased over two years, 12.5% per year, to prevent a sudden increase in mortality. Oceana recalls that catches during the last two years were 20% lower than the established TAC, so there is no urgent need to increase it.

The Commission seems unaware of the stock status in the western English Channel, and has proposed a 15% increase in the TAC, in line with a management plan that has not been assessed by ICES. Oceana considers this measure to be unacceptable and proposes

that the TAC from 2010 be maintained, and not be increased until there are guarantees that biomass is above Bmsy.

The Commission has proposed maintaining the TAC for the eastern English Channel stock. This decision is consistent with a precautionary approach and a transition to MSY. Oceana is confident that the approval of this proposal would help to stabilise the situation of the stock as it will reduce fishing mortality to below Fpa.

In Divisions VIIIab, the TAC reduction of 13% proposed by the Commission satisfies scientific recommendations. This reduction will make it possible to increase breeding stock biomass and to begin to stabilise the recovery of the stock. Oceana agrees with the Commission’s decision.

In the Irish Sea, the proposal to reduce the TAC by 20% is unacceptable; scientists have recommended zero catches. The TACs established in the past have not been restrictive; even if catches remained equal to those from last year, a 20% reduction would not be restrictive. The closure of the fishery has been recommended for four consecutive years but TACs are still being set according to the table in the Rules for Setting TACs. Oceana urges that the fishery be closed.

The Commission’s proposal for 15% and 16% reductions of the TAC in the west of Ireland, Divisions VIIbc and VIIhjk, is not realistic. Catches in recent years have been much higher than the proposed 423t (VIIbc) and 38t (VIIhjk). Oceana proposes a reduction of TACs to levels 15% below landings of the last five years.

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Sprat (Sprattus sprattus) Species description

Sprat is distributed throughout the North-East Atlantic, from the North Sea down to Morocco. It also occurs in waters of the Mediterranean and Black Seas. The species forms schools that migrate between the feeding grounds in winter and the spawning grounds in summer.

State of the stocks

Information is very limited for the majority of sprat stocks and therefore the state of the population is unknown.

In the areas of Kattegat and Skagerrak, the available information is not sufficient for evaluating the state of the stock. Landings have declined drastically in the last three years for which there is information. Scientists have not yet assessed the significance and consequences of this reduction.

In the Baltic Sea, biomass decreased from historically high levels at the end of the 1990s, and in 2009 was at average levels for the known time series. Fishing mortality in 2009 was the second highest on record for this stock.

In the North Sea and the English Channel, the status of the stock is unknown. On the basis of catches made in recent years, neither of the TACs established for these stocks are restrictive.

Oceana’s Position

Oceana recommends that the evaluation methods for sprat be improved, in order to ensure sustainable exploitation and to avoid potential risk.

As sprat is fished jointly with Atlantic horse mackerel, its exploitation is limited by restrictions imposed on catches of Atlantic horse mackerel juveniles. Sprat constitutes an important food source for other species in the areas adjacent to the North Sea.

In Division IIIa, the Commission has not presented a management proposal because agreements with other countries are still pending. The TACs established for other years have been double that of catch levels. Oceana proposes a reduction of the TAC to levels 15% below landings for the last five years.

In the Baltic Sea, the TAC for sprat is pending an agreement with other countries. In accordance with European policy for fishing management, the TAC should be 288000t, which means a 30% reduction. Scientists recommend that the TAC should be below 242000t, in order to be precautionary and to avoid a negative effect on stock biomass. Oceana defends this position.

Fig. ICES areas covered by the Commission’s statement. Areas in green are those for which the Commission has made a proposal, while those in yellow are yet to be agreed with third countries.

Fisheries developed without knowledge of the state of the stocks

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For the North Sea and English Channel stocks, the Commission has proposed a 15% reduction, because the approved TACs have exceeded catches. Oceana suggests a reduction of 15% below the levels of landings, until it is demonstrated that the fisheries are sustainable.

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Whiting (Merlangius merlangus) Species description

Whiting occurs in the North-East Atlantic, from the south-western Barents Sea and Iceland down to Portugal. The species lives mainly on muddy and gravel bottoms between 30 and 100 meters depth, although it can also be found on rocky and sandy bottoms. Its diet consists of crustaceans, molluscs, polychaetes and small fish.

State of the stocks

The available information does not make it possible to carry out a reliable assessment of the stocks. Most catches are by-catch in fisheries using fine mesh, with discards representing up 80% of the weight.

In the North Sea and the eastern English Channel, the stock level in 2009 was slightly higher than in 2008, but is still below average. Fishing mortality has remained stable during the last four years. Recruitment was very low between 2004 and 2007, and higher in 2008 and 2009, although true levels are uncertain.

In the west of Scotland, despite a fall in mortality since 2005, the stock is at historical lows and the recent recruitment has been very weak. The situation is similar in the Irish Sea; the size of the population is extremely low, resulting in landings of 90t in 2009, when 20 years previously they had been 11700t. In Divisions VIIe-k, it is estimated that the stock declined from the middle of the 1990s and that during the last three years it has recovered to average levels for the time series. The situation is no better in other areas where, like in Skagerrak and Kattegat, the stock is still not recovering after maintaining excessively high TACs. Twenty years ago, catches were 50 times greater than at present.

Fig. ICES areas covered by the Commission’s statement. Areas in green are those for which the Commission has made a proposal, while those in yellow are yet to be agreed with third countries.

Oceana’s Position

The proposals for the North Sea, Skagerrak and Kattegat are pending negotiations with other countries. For the North Sea, pending agreements with other countries, and the eastern English Channel, the TAC that is in line with EU fishery management is 14600t, representing a 15% reduction. In consideration of the precautionary principle, scientists have indicated that the TAC should not exceed 12700t (9500 for Subarea IV and

Catches 25 times less than 10 years ago

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3200 for Division VIId) in order to maintain biomass at 2010 levels. Oceana requests that this TAC be adopted in accordance with a precautionary approach. In Skagerrak and Kattegat, TACs are pending agreements with other countries, so the Commission has made no proposal. The established TACs remain higher than catches. In previous years, TACs set for this stock had been 15 times higher than catches. Oceana requests that a TAC be set which is 15% lower than landings of the last five years. This same measure would also apply to the Rockall stock, for which there is no reliable information about stock status. For the Irish Sea and the west of Scotland, after years of having recommended the closure of the fisheries, ICES has requested that catches be reduced to the lowest possible level. The Commission’s 25% reduction is insufficient when compared with the ICES request. In Divisions VIIe-k, scientists have not been able to estimate the TACs for 2011. In any event, their recommendations have repeatedly been surpassed and even doubled in this fishery during the last 15 years. Scientists recommend a reduction in fishing effort.

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Spurdog (Squalus acanthias)

Species description

The spurdog, also known as spiny dogfish, is a small, slender bentho-pelagic species, common in temperate and boreal continental shelves. It is found from Murmansk, Russia, down to the Canary Islands, and can also be found in the Mediterranean and Black Sea. This species can form dense feeding aggregations when feeding grounds are rich, and populations often segregate by sex and maturity. The spurdog is extremely long-lived (70-100 years), slowgrowing and late-maturing (at 10-25 years). Most females do not reproduce until their teen years and have long gestation periods lasting up to two years, one of the longest known for any vertebrate. This makes the species extremely vulnerable to overfishing, especially when aggregations of pregnant females are targeted.

State of the stocks

This species is heavily exploited to satisfy the constant European demand for its meat, especially in the UK, Germany, Belgium, France and Italy. In France, the shark is marketed under various, somewhat misleading, names, such as chien de mer (seadog). In Germany it is sold as Seeaal and Schillerlocken. Seeaal is spurdog meat served fresh or smoked, while Schillerlocken is made from smoked belly flaps. In the UK, it is most commonly found in the famous dish of fish and chips. The spurdog´s liver oil (for use as “squalene” in cosmetics) and its fins (exported to Asia for shark fin soup) are also highly commercialised.

Unfortunately, the spurdog’s biological characteristics make it highly vulnerable to overexploitation, and years of overfishing, particularly that of aggregations of pregnant females, have made the Northeast Atlantic stock one the most depleted in the world. The IUCN Red List classifies this species as Critically Endangered in the Northeast Atlantic, Endangered in the Mediterranean Sea and Vulnerable in the Black Sea and globally.

The European Community has proposed this species for listing on CITES Appendix II. This species is listed under all OSPAR regions and included in Appendix II of the Convention on the Conservation of Migratory Species.

The perception of the state of the population has not changed in recent years. Stock assessment suggests that biomass had been gradually decreasing until it stabilised at very low levels, close to collapse, during the last decade. Simultaneously, low levels of recruitment have been observed since the 1960s. In the absence of some catch data, landings in 2009 were 1522t, whereas 15 years earlier, they had reached a level of 21000t.

Fig. ICES areas covered by the Commission’s statement. Areas in green are those for which the Commission has made a proposal, while those in yellow are yet to be agreed with third countries.

The Commission proposes the closure of the fishery

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Oceana’s Position

The Commission’s 2011 proposal of zero catches complies with scientific recommendations. Oceana congratulates the Commission for this decision, but would also like to make an appeal for the elimination of by-catch of this species in other fisheries.

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Porbeagle (Lamna nasus) Species description

The porbeagle shark is a highly migratory, schooling, coastal and oceanic species closely related to the great white. It can be found in temperate waters from Iceland to the western Barents Sea and down to the Iberian Peninsula and the Mediterranean. Populations segregate by size and sex, and they are seasonally migratory, moving inshore and up to the surface in summer and offshore and to deeper waters in winter. Porbeagles are exceptionally slow-growing, late to mature, and produce small litters, making them consequently vulnerable to overfishing. This efficient and endothermic shark is a top predator in the marine food web, thus critical to maintaining the health and balance of ocean ecosystems.

State of the stocks

This species is heavily exploited as a targeted catch and by-catch species in commercial fisheries for its high-value meat which is heavily consumed in Europe. This species is sold as veau de mer (seacalf), for example, in France. Its fins are also widely traded, highly prized in Asia for shark fin soup. Schools are often targeted and individuals often retained when incidentally taken.

Excessive and unsustainable longline fishing has depleted the population in the northeast Atlantic. Some studies show a reduction in abundance and biomass of more than 99% in the Mediterranean, in a little over 100 years. In fact, the IUCN Red List classifies this species as Critically Endangered in the northeast Atlantic and the Mediterranean Sea and Vulnerable in the rest of the world.

As proof of the need for protection, this species appears on many conservation lists, such as the Barcelona and Berne Conventions and in all of the OSPAR regions, as well as Appendix II of the Convention of Migratory Species. The European Community has proposed that this species be included in Appendix II of CITES.

A stock assessment in 2009 (ICCAT/ICES) indicated that current biomass is at extremely low levels, and fishing mortality is above Fmsy. However, the lack of CPUE data to confirm these trends means that these statements must be accepted with reservations. It must not be forgotten that some fisheries have been forced to close due to the small population size of the species.

Fig. ICES areas covered by the Commission’s statement. Areas in green are those for which the Commission has made a proposal, while those in yellow are yet to be agreed with third countries.

Oceana’s Position

After three years of recommendations to close the fishery, the Commission has proposed adopting a TAC of 0 for Subareas III, IV,

Only 6% of the original porbeagle biomass remains in the northeast Atlantic

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V, VI, VII, VIII IX, X and XII, together with a ban on the retention and landing of this species. Oceana agrees with this decision.

ICES has repeated that, given the status of porbeagle, and in consideration of the precautionary principle, no directed fishing for porbeagle should be permitted, incidental catches should be limited, and landings prohibited. Along the same lines, the STECF has declared the need to end fishing of the porbeagle in the northeast Atlantic and to encourage measures to avoid by-catch.

Oceana stresses the need to set a 5% limit on by-catch. Once this level has been reached, vessels would be required to change fishing grounds.

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Rays (Rajidae) Species description

The Rajidae family is a large family of the Rajiformes (batoids), a remarkably diverse order of elasmobranches. These skates are benthic species occurring in all oceans, laying on or buried in the seabed for long periods of time. Like the majority of shark species, skates’ slow growth and low fecundity make them especially vulnerable to fisheries exploitation.

State of the stocks - Oceana’s Position

There is a large general lack of knowledge about the status of ray species, as catches are often not differentiated by species. Skates are taken both as targeted catch for their meat and fins and accidental catch in fisheries targeting other species. While some stocks are being maintained with perhaps slight increases or decreases, others are on the brisk of local or total extinction. ICES has raised the alarm about the depleted status of certain skate and ray species in Northeast Atlantic waters. For example, the common skate (Dipturus batis), Europe’s largest skate, is Critically Endangered. The white skate (Rostroraja alba) is Endangered. The Council of Fisheries banned the retention of these two species in 2009, as well as the undulate ray (Raja undulata) and the Norwegian skate (Raja nidarosiensis).

For areas IIa, IV, IIIa and VIId, ICES recommends for 2011 and 2012 that previous catch levels be maintained for most rays. It should be emphasised that recommendations still apply for 0 catches for D batis and R. undulata in all areas, and for S. squatina in Divisions IVabc and VIIdc. There has been a general reduction in catches since 1996. ICES recommends increasing catches to levels below 2700t in the combined TAC for the main exploitable species.

In the Celtic Sea and the west of Scotland, catch levels are maintained for 2011 and 2012, with the exception of reduced catches for L. naevus and the recommendation for 0 catches for D. batis and

R. undulata, S. squatina and R alba. Trends in catches indicate a decline in recent years. ICES recommends reducing catches to levels below 9900t with a combined TAC for the main exploitable species.

For stocks in the Bay of Biscay and the waters of the Iberian Peninsula, there is also a ban on catches of R. undulate, D. batis, S. squatina and R. alba, and the recommendations are the same for all other species. Catch trends indicate a pronounced decline since 2008. ICES recommends reducing catches to levels below 4200t, with a combined TAC for the main exploitable species.

Fig. ICES areas covered by the Commission’s statement. Areas in green are those for which the Commission has made a proposal, while those in yellow are yet to be agreed with third countries.

Angel sharks and white skates are extinct in the Celtic Sea

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For 2011, the Commission proposes not varying TACs which were approved for the previous year for the Norwegian Sea, the North Sea (IV), Skagerrak (IIIa) and the eastern English Channel (VIId). The proposal for Subareas VI, VII, VIII and IX is to reduce catches by 15%. Oceana makes an appeal that the approved TACs remain within the scientific recommendations.

Proposal of the Commission IIa IV 1397t

IIIa 58t

VIId 887t

VI and VII 11379t

VIII and IX 4640t

Furthermore, Oceana fully supports the Commission’s proposal to maintain the protection of D. batis, R. undulata and R. alba (and S. squatina), progressing from a ban on retention to a total ban on fishing, retention, transhipment and landing. This would apply both to Community vessels and those from other countries in EC waters.

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References COM(2010) 658. Proposal for a Council Regulation fixing for 2011 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in certain non EU waters

Council Regulation (EC) No 2371/2002. On on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy.

COM(2006) 360. Implementing sustainability in EU fisheries through maximum sustainable yield.

COM(2009) 224. Consultation on Fishing Opportunities for 2010.

Council Regulation (EC) No 811/2004. Establishing measures for the recovery of the Northern hake stock

Council Regulation (EC) No 2166/2005. Establishing measures for the recovery of the Southern hake and Norway lobster stocks in the Cantabrian Sea and Western Iberian Peninsula5,

Council Regulation (EC) No 388/2006. Establishing a multiannual plan for the sustainable exploitation of the stock of sole in the Bay of Biscay.

Council Regulation (EC) No 509/2007. Establishing a multi-annual plan for the sustainable exploitation of the stock of sole in the Western Channel.

Council Regulation (EC) No 676/2007. Establishing a multiannual plan for fisheries exploiting stocks of plaice and sole in the North Sea.

Council Regulation (EC) No 1300/2008. Establishing a multi-annual plan for the stock of herring distributed to the west of Scotland and the fisheries exploiting that stock9,

Council Regulation (EC) 1342/2008. Establishing a long-term plan for cod stocks and the fisheries exploiting those stocks and repealing

Regulation (EC) No 423/2004

Council Regulation (EC) 1300/2008. Establishing a multi-annual plan for the stock of herring distributed to the west of Scotland and the

fisheries exploiting that stock

ICES. 2009. Report of the Joint Meeting between ICES Working Group on Elasmobranch Fishes (WGEF) and ICCAT Shark Subgroup, 22–29 June 2009, Copenhagen, Denmark. ICES CM 2009/ACOM:16. 424 pp.

ICES. 2010. Advice 2010. http://www.ices.dk/advice/icesadvice.asp

IUCN 2009. IUCN Red List of Threatened Species. Version 2009.2. (www.iucnredlist.org).

Oceana. 2009. Fishing opportunities for the European Community Fleet in the North East Atlantic for 2010: Stock status situation and recomendations.

Acknowledgements All the maps of this document have been elaborated thanks to the material downloaded from ICES website. Oceana wishes to thank ICES and Technical University of Denmark, National Institute of Aquatic Resources (DTU Aqua) for their free distribution.

All the species descriptions in this document have been taken from Fishbase (www.fishbase.org).

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