Guidance

Demersal landing obligation (discard ban) 2017: North Sea and North Western Waters

Updated 11 November 2016

This guidance was withdrawn on 5 January 2021

withdrawn in line with EU exit and operability guidance

1. North Sea

The Demersal Landing Obligation 2017 covers these species:

• cod
• haddock
• hake
• nephrops
• northern prawn
• plaice
• saithe
• sole
• whiting

Whether you have to land a species or not depends on:

• the type of fishing gear you’re using
• the sea area you’re in
• potentially your fishing track record

Use this table to find out what gear and species the landing obligations applies to in the North Sea:

Gear	Species which must be landed	Who it applies to	Exemptions available
Trawls & Seines ≥ 100mm	Cod, Haddock, Whiting, Sole, Plaice, Nephrops	All using the specified gears	No
Trawls & Seines ≥ 100mm	Saithe	Those meeting a catch threshold	No
Trawls and seines 80-99mm	Nephrops, Sole, Haddock	All using the specified gears	Undersized sole must be discarded from <10m vessels operating within 6nm of the coast in ICES area IVc, with a maximum engine power of 180kw, caught in depths of <15 m with a towing time less than one and a half hours. This exemption is in place due to a high survival rate in this fishery. Undersized Nephrops can be discarded. Unwanted Nephrops can be discarded when using a netgrid selectivity device as there is a high survival rate.
Beam trawls ≥ 120mm	Cod, Plaice, Sole, Haddock, Whiting, Nephrops	All using the specified gears	No
Beam trawls 80-119mm	Sole, Haddock, Nephrops	All using the specified gears	Catches of undersized sole can be discarded when using selective trawls in which all meshes in front of the codend are at least 120mm.
Gill nets, Trammel nets, Entangling nets	Sole, Cod, Haddock, Whiting, Nephrops	All using the specified gears	Unwanted catches of sole can be discarded by vessels using trammel and gill nets.
Hooks, Lines	Hake, Sole, Cod, Haddock, Whiting, Nephrops	All using the specified gears	No
Pots, Traps	Nephrops, Sole, Haddock, Whiting	All using the specified gears	Unwanted catches of Nephrops can be discarded as they have a high survival rate
All gear types	Northern Prawn	All vessels	No

North Sea Exemptions

In addition to general exemptions there are fishery specific exemptions for the North Sea. For a vessel to use one of these exemptions it must meet the exemption criteria and follow the recording requirements.

Survivability exemptions

You can discard certain fish using these survivability exemptions:

• Nephrops caught in pots in the North Sea can be discarded. Nephrops should be discarded swiftly and returned in the area where they were caught to maximise survivability. Nephrops should only be released whole.
• Nephrops caught using bottom trawls with a mesh size of at least 80mm and equipped with a Netgrid selectivity device can be discarded. Nephrops should be discarded promptly and returned in the area where they were caught to maximise survivability. Nephrops should only be released whole.

A ‘Netgrid selectivity device’ means a device consisting of a four panel section inserted into a two-panel trawl with an inclined sheet of diamond mesh netting with a mesh size of at least 200mm, leading to an escape hole in the top of the trawl.

You’re permitted to discard undersized sole (less than 24cm) if they’re caught:

• by trawls with a mesh size of 80 to 99mm
• within 6nm of the coast in ICES area IVc (meaning south of 53° 30’N)
• by vessels equal to or under 10m, with an engine power below 180kW
• when fishing in waters of less than 15m depth with tow times up to 1.5 hours

You should release undersized sole immediately.

1.1 De minimis exemptions

You’re permitted to discard:

• undersize nephrops less than 85mm caught using bottom trawls of mesh size 80-99mm
• unwanted sole caught with trammel and gill nets
• undersized sole (less than 24cm) caught with beam trawls of mesh size 80-119mm with selective trawls in which all meshes in front of the codend are at least 120mm

The MMO will monitor the level of discarding under these exemptions to ensure the MMO stays within its national allowances.

If the national allowance is exceeded the exemption will be removed. You will have to land all catches and they will count against your quota.

1.2 Catch Thresholds

If you’re affected by the saithe landing obligation the MMO will write to you by the end of November 2016. Contact your regional MMO office or, if applicable, your Producer Organisation (PO) if you want to know if your vessel is subject to the landing obligation.

You’ll be subject to the saithe landing obligation if your annual average landings of saithe from 2013 to 2015 were more than 50% of your landings taken in the North Sea.

Vessels already notified as being subject to the saithe landing obligation in 2016 will automatically remain subject to the landing obligation in 2017.

2. North Western Waters

The Demersal Landing Obligation 2017 covers these species:

• haddock
• megrim
• plaice
• nephrops
• hake
• pollack
• sole
• whiting

Whether you have to land a species or not will depend on

• the type of fishing gear you’re using
• the sea area you’re in
• and potentially your fishing track record

Use this table to find out what gear and species the landing obligations applies to in North Western Waters:

Area	Gear	Species which must be landed	Who it applies to	Exemptions available
Vb and VI	Trawls Seines	Haddock, Sole, Plaice, Megrim	Those meeting a catch threshold	No
Vb, VI and VII	Trawls Seines	Hake	Those meeting a catch threshold	No
Vb, VI and VII	Gill nets, Trammel nets, Hooks, Lines	Hake	All using the specified gears	No
Vb, VI and VII	Trawls, Seines, Pots, Traps,Creels	Nephrops	Those meeting a catch threshold	Unwanted catches from pots and creels can be discarded as they have a high survival rate. Unwanted catches from trawls can be discarded.
VIIa	Trawls, Seines	Haddock	Those meeting a catch threshold	No
VIId	Beam trawls	Sole	All using the specified gears	Unwanted catches can be discarded when using trawls in which no mesh forward of the codend is less than 120mm
VIId	Trawls less than 100mm	Sole	Those meeting a catch threshold	Undersized sole must be discarded from under 10 metre vessels operating within 6nm of the coast with a maximum engine power of 180 kilowatts, caught in depths of less than 15 metres with a towing time not exceeding one and a half hours. This discarding is allowed as there is a high survival rate
VII d & e	Gill nets, Trammel nets	Pollack	All using the specified gears	No
VIIb-k	Gill nets,Trammel nets	Sole	All using the specified gears	Unwanted catches can be discarded
VII b-k	Trawls, Seines	Whiting	Those meeting a catch threshold	Unwanted catches can be discarded
VIIb-k (excluding VII d)	Beam trawls	Sole	Those meeting a catch threshold	Unwanted catches can be discarded when using trawls in which no mesh forward of the codend is less than 120mm

2.1 North Western waters exemptions

In addition to general exemptions there are fishery specific exemptions for the North Western waters. For a vessel to use one of these exemptions it must meet the exemption criteria and follow the recording requirements.

Survivability exemptions

You can discard certain fish using these survivability exemptions:

1. Nephrops caught in pots in areas VIa and VII can be discarded. Nephrops should be discarded promptly and returned in the area where they were caught to maximise survivability.
2. Undersize sole caught by under 10 metre vessels operating within 6nm of the coast with a maximum engine power of 180 kilowatts, caught in depths of less than 15 metres with a towing time not exceeding one and a half hours can be discarded.

‘De minimis’ exemptions

You’re permitted to discard undersize:

• sole less than 24cm caught in trammel nets or gill nets in areas VIIb to k
• whiting less than 27cm caught in bottom trawls in areas VIIb to j
• nephrops less than 70mm caught by trawls and seines in areas VIa and VII
• sole less than 24cm caught with beam trawls where no mesh in front of the codend is less than 120mm in areas VII b-k

The MMO will monitor the level of discarding under these exemptions to ensure it remains within its national allowances.

If the national allowance is exceeded the exemption will be removed. You will have to land all catches and they will count against your quota.

2.2 Catch thresholds

If you’re affected by the landing obligation as a result of meeting a catch threshold you’ll be informed by the MMO by the end of November 2016. Contact your regional MMO office or, if applicable, your Producer Organisation (PO) if you’re concerned as they will hold a list of vessels subject to the landing obligation.

The MMO uses vessel track records from 2015 and 2016 to calculate whether you meet a catch threshold. If you’re already included in the landing obligation in 2016 then this will continue in 2017 regardless of your track record in 2015 and 2016.