Eu policy needs concerning advice about marine ecosystems update oct 15th 2013

EU Policy needs concerning advice about marine ecosystems

Kenneth Patterson,Deputy Head of Unit A2, "Common Fisheries Policy and Aquaculture",Directorate-General for Maritime Affairs and FisheriesEuropean Commission

Monday 16 December 2013

• The Common Fisheries Policy: Environmental and Ecosystem Aspects

• The Marine Strategy Framework Directive

• Biodiversity

• Mitigating by-catches of Marine Mammals in Fisheries

• NGO participation in Advisory Committees


The Common Fisheries Policy: Environmental and Ecosystem Aspects


•Fishing within MSY bounds for all stocks, using TACs, quotas, effort management, technical measures, closed areas etc. as appropriate, without discards of the target species.•Current status is single-species advice about catches with respect to MSY, with information about compatibilities in mixed-fisheries.•Extension to mixed-fisheries advice and multispecies advice.

• Advice to EU Commission; support for regionalised initiatives

Common Fisheries Policy (Revised 2013)Main biological boundaries:


• Article 2(3)"...shall implement the ecosystem-based approach to fisheries management to ensure that negative impacts of fishing activities on the marine ecosystem are minimised, and ... avoid the degradation of the marine environment".

• Definition: "ecosystem-based approach ... means an integrated approach to managing fisheries within ecologically meaningful boundaries ... while preserving ... biological wealth and processes ... safeguard composition, structure and functioning of the habitats of the ecosystem ... taking account of knowledge ... and uncertainties."

Common Fisheries Policy (Revised 2013)Objectives:


• Targets can be adopted for conservation and sustainable exploitation of stocks and related measures to minimise the negative impact of fishing on the marine environment.

• Incentives ...for the avoidance ... of unwanted catches, and for fishing with low impact on the marine ecosystem ...

• Pilot projects on management techniques and gears to minimise the negative impact of fishing activities on the marine environment.

• Specifications on fishing gear construction ... to minimise the negative impact on the ecosystem; or to reduce capture of protected species and unwanted catches.

• Closed areas to protect endangered species, spawning fish, undersized fish, fish below CRP and vulnerable marine resources.

• ... measures to minimise negative impacts on biodiversity and

Common Fisheries Policy (Revised 2013)Measures (Article 7):


• ...establish protected areas on grounds of biological sensitivity (including juvenile and spawning areas) to contribute to the conservation of living aquatic resources and marine ecosystems.

• give additional protection to biologically sensitive areas... Member States to identify ... areas which may form part of a coherent network. Commission may be empowered to establish such areas.

Common Fisheries Policy (Revised 2013)Fish stock recovery areas (Article 7a):


• Plans to cover mixed fisheries and multispecies fisheries, taking account of knowledge about interactions and marine ecosystems.

• Plans may include specific alternative conservation measures for some stocks based on the ecosystem approach.

• Plans to include conservation reference points consistent with the objectives (Art. 2).• [ecologically meaningful boundaries ]

• Plans may include conservation measures ... to minimise the negative impact of fishing on the ecosystem.

Common Fisheries Policy (Revised 2013)Multiannual plans (Article 9):


• Member States can take conservation measures in their waters affecting fishing vessels of other Member States in order to comply with:• Article 13(4) of MSFD (spatial protection measures)• Article 4 of Birds Directive (conservation measures for bird habitat

areas)• Article 6 of Habitats Directive (protection of special areas of

conservation)and Compatible with CFP objectives

• Regionalised approach applies. If necessary, Commission may propose the measures directly.

Common Fisheries Policy (Revised 2013)Environmental compliance (Art. 12)


• When allocating fishing opportunities ... MS shall use ... criteria including those of an environmental, social and economic nature. The criteria ... may include ... the impact of fishing on the environment ...

Common Fisheries Policy (Revised 2013)Quota and Effort Allocation (Art. 16a)


• Member States can take nondiscriminatory measures for conservation and management of fish stocks and the maintenance or improvement of the conservation status of marine ecosystems within 12 nautical miles of its baselines (unless the Union has already adopted relevant measures).

Common Fisheries Policy (Revised 2013)National Measures (Art. 25)


• Responsibilities are assigned both to Member States under a regionalised approach and to the Commission to propose Union legislation.

• There are wide-ranging provisions concerning the management of fisheries in order to achieve "good results" for the environment.

• The "good results" are not defined, but reference is made to managing fisheries within "ecologically meaningful boundaries".

• There is no guidance in the CFP on fixing these boundaries.• As a basic principle, all legislation must be complied with. The CFP

does not "rank" higher or lower than the MSFD.

Common Fisheries Policy (Revised 2013)Conclusions:


The Marine Strategy Framework Directive


• Different legislative basis: Article 175(1) of EC treaty• Environmental issues are a competence of Member States; the

Commission's roles are principally coordination, facilitation, monitoring and follow-up.

• However, the Directive has provision for Member States to seek action from the Commission where it has competence (e.g. CFP) and where the activity is affecting environmental status.

• There is an obligation on Member States to maintain Good Environmental Status (GES). This is defined under 11 'descriptors'.

Marine Strategy Framework Directive


• D1: Maintain biological diversity (including distribution/abundance of species and occurrence/quality of habitats)

• D2: Non-indigenous species should not adversely alter ecosystems

• D3: Populations of all commercial fish/shellfish to be within safe biological limits, with a healthy age and size distribution

• D4: All elements of food webs to be at normal abundance and diversity

• D5: Anthropogenic eutrophication is minimised• D6: Sea-floor integrity kept so that benthic ecosystems are not

adversely affected• D7: Permanent alteration of hydrography does not adversely

affect ecosystems

Marine Strategy Framework Directive: the descriptors (1)


• D9: Contaminants in seafoods are within permitted levels• D10: Litter does not harm marine environment• D11: Noise, and other energy inputs, do not adversely affect the

marine environment.



• For each descriptor, MS must:

• Determine a set of characteristics for GES, by choosing the elements and parameters to assess GES, based on the 2010 Decision Criteria

• Define a threshold level for "good environmental status"• Assess the current levels of the parameters (current status)• Identify targets needed to achieve GES (i.e. move from current status to

GES), such as reductions in pressures and their impacts• Develop monitoring programmes to assess GES and progress with

targets• Develop plans for managing human activities to reduce anthropogenic

impacts such that the GES threshold levels are reached by 2020.



Defining GES

Good status

Not good

status

GES boundary

Naturalstate

Extinct/destroyed

GES boundary


Defining GES

Good status

Not good

status

GES boundary

Naturalstate

Extinct/destroyed

GES boundary

Typically not pristine

Viability, functionalitySustainable use


Defining GES

Good status

Not good

status

GES boundary

Naturalstate

Extinct/destroyed

GES boundary



Altered condition – opportunist spp., poor reproductive capacity, NIS, etcLoss of range, distribution pattern, extent of habitat


Defining GES

Good status

Not good

status

GES boundary

Naturalstate

Extinct/destroyed

GES boundary




e.g. MSY for fish


Defining GES

Good status

Not good

status

GES boundary

Naturalstate

Extinct/destroyed

GES boundary




Accommodate climatic variation, ecosystem dynamics

e.g. MSY for fish


GES – state and pressures



Species D1, D3: distribution, population abundance &

condition, habitatHabitats D1, D6: extent,

conditionEcosystem D1, D4: structure, functioning



Species D1, D3: distribution, population abundance &

condition, habitatHabitats D1, D6: extent,

conditionEcosystem D1, D4: structure, functioning

Physical loss

Non-indigenous species

D2

Nutrient enrichmen

t D5

Contaminants in environment and seafood

D8, D9

Physical

damage

Hydrological change D7

Energy, incl. noise

D11Litter D10

Microbial pathogens

Extraction of

species

Other pressures


Biodiversity


SpeciesMaintain distributional ranges and patternsMaintain population abundance, condition and genetic structureHabitatMaintain distributional ranges and patternsMaintain habitat extent and condition

EcosystemMaintain composition and relative proportions of ecosystem components (habitats and species)

Biodiversity -> MSFD GES Descriptor 1


• Understanding and quantifying interdependencies:

• Between population dynamics of different stocks in a marine ecosystem

• Between fishing vessels and different stocks in a mixed fishery

• Between fishing activity and impacts on non-target species

• Between different ecological indicators (e.g. Fmsy and seafloor distrubance)

• Providing advice

• in the context of a discard ban

• on acceptable levels of anthropogenic disturbance/impact

• on parameters to measure and targets to set concerning "ecologically meaningfull boundaries" (in CFP, where needeed beyond MSFD) or thresholds for "good environmental status" (in MSFD)

• Are MSFD criteria sufficient and adequate as "ecologically meaningful boundaries"? (We could well presume so, unless scientific advice indicates otherwise)

• on normal/natural structure and functioning of food webs and ecosytems, including their component species and habitats

• on modifications to fishing gear and fishing practices to reduce environmental impacts on ecosystems

• Ensure the advice is coherent among targets

Science needs for CFP and MSFD:


Marine Mammals


• Monk seals and all species of ceteaceans are listed in Annex IV (species in need of strict protection) of the Habitats Directive (92/43/EC).

• All forms of deliberate capture, killing, disturbance, destruction or deterioration of breeding sites are prohibited.

• Keeping, transport and sale of specimens taken from the wild is prohibited (except specimens taken before implementation of the Directive.

• Derogations apply for research, education, public safety etc.

Environmental legislation


• Sale of seal products is prohibited except for products of Inuit hunting or state culling (Regln 1007/2009).

• Habitats Directive prohibits use of explosives, crossbows, and semi-automatic or automatic weapons for hunting seals.

Seals other than Monk seals


Regulation 812/2004 provides for :

Obligation for vessels over 12m to use "pingers" in North Sea, English channel, much of Celtic Sea (VIIefghj) for various types of gill-net;

Incidental catches of cetaceans by vessels over 15m must be monitored using observer schemes.

Member States have to report annually on the results of the observer schemes.

By-catches have decreased in pelagic pair-trawl fisheries, due

Protection of Marine Mammals in Fisheries


Next Steps:

Examine the problem of under-12m and under 15m vessels fishing inshore; Move mitigation measures into the general "Technical Measures Regulation Fix objectives for maximum cetacean by-catches

Expect Member States to work on a regionalised approach to adapting the technical measures in order to reach the objectives.

Protection of Marine Mammals in Fisheries


Advisory Committees


• New Advisory Councils for aquaculture, for markets and for the Black Sea to the established.

• NGO Participation to be rebalanced from 33% to 40%

• Fisheries Committee of the European Parliament has proposed an amendment whereby only the meeting expenses of the fishing sector would be refunded (Decision still to be taken in plenary session).

Advisory Committees


• No known major examples of quantified, holistic ecosystem-based fisheries management worldwide.

• Multispecies: Historic modelling in Baltic Sea not usable for management purposes; in North Sea, modelling being developed.

• Mixed fisheries: Consequences of advice provided for North Sea, being developed for other areas.

• Impacts on non-target species assessed in Natura 2000 context (Habitats directive), not incorporated in routine ICES advice.

• No linkage made between annual fisheries advice and other environmental indicators.

• MS have submitted initial views on choice of indicators and GES targets to COM, these are under systematic review; apparently much more work needed.

• MS slow in taking the initiative in fixing fisheries-related GES, looking for internal EU coherence.

• COM now asking for D3+ advice from ICES.• EMFF text should be adopted in October Plenary

Where are we now ?


Thank you for your attention

Kenneth Patterson, Deputy Head of Unit "Common Fisheries Policy and Aquaculture", Directorate-General for Maritime Affairs and Fisheries,European Commission.

Tel : 00 32 2 29 [email protected]


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Eu policy needs concerning advice about marine ecosystems update oct 15th 2013