Statutory guidance

North West Waters landing obligation guidance

Published 19 October 2015

1. Sea area

The North Western Waters covers EU waters within ICES areas: Vb, VI and VII.

2. Species covered

The species included in the landing obligation in 2016 are:

• haddock
• nephrops
• hake
• sole
• whiting

Whether you have to land a species or not will depend on the type of fishing gear you are using, the sea area you are in and potentially your fishing track record. See the table below to check if you are affected. Please check against all areas you fish in and gears you fish with.

Area	Gear	Species which must be landed	Who it applies to	Exemptions available
VI, VII and EU waters of Vb	Gillnets and trammel nets	Hake	All using the specified gear	No
VI, VII and EU waters of Vb	Hooks and lines	Hake	All using the specified gear	No
VI, VII and EU waters of Vb	Trawls and seines	Hake	Those meeting a catch threshold	No
VIa, VII and EU waters of Vb	Trawls and seines	Nephrops	Those meeting a catch threshold	Undersize Nephrops can be discarded
VIa, VII and EU waters of Vb	Pots	Nephrops	Those meeting a catch threshold	Unwanted catches can be discarded as there is a high rate of survival
VIa, VIIa and EU waters of Vb	Trawls and seines	Haddock	Those meeting a catch threshold	No
VIIb to k	Trawls and seines	Whiting	Those meeting a catch threshold	Undersize whiting can be discarded
VIId	Trawls <100mm	Sole	Those meeting a catch threshold	No
VII b-k	Gillnets and trammel nets	Sole	All using the specified gears	Undersize sole can be discarded in VIId -g
VIId	Beam trawls	Sole	All using the specified gears	Undersize sole can be discarded in VIId in beam trawls with increased selectivity
VIIe	Beam trawls	Sole	Those meeting a catch threshold	Undersize sole can be discarded in VIIe in beam trawls with increased selectivity
VII b,c, f-k	Beam trawls	Sole	Those meeting a catch threshold	Undersize sole can be discarded in VIIf and g in beam trawls with increased selectivity

2.1 Catch threshold

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

Vessel track records over 2013 and 2014 will be used to calculate whether you meet a catch threshold.

You cannot get your vessel track record transferred or altered. If you have purchased a vessel and intend to pursue a different fishery than that which it targeted in 2013-2014 you need to apply to the MMO to get your vessel’s track record disregarded. Your application will have to be endorsed by your PO and the MMO may choose to apply certain conditions to the license. This is at the MMO’s discretion.

3. North West Waters Exemptions

In addition to general exemptions there are specific exemptions which apply to the North Western Waters.

Survivability exemptions:

1. Nephrops caught in pots in areas VIa and VII can be discarded.

Nephrops should be discarded swiftly and returned in the area where they were caught to maximise survivability.

De minimis exemptions:

1. You are permitted to discard undersize sole less than 24cm caught in trammel nets or gill nets in areas VIId to g.
2. You are permitted to discard undersize whiting less than 27cm caught in bottom trawls in areas VIIb to j.
3. You are permitted to discard undersize nephrops less than 70mm caught by trawls and seines in areas VIa and VII.
4. You are permitted to discard undersize sole less than 24cm caught with beam trawls with increased selectivity in areas VIId to g.

Gears with increased selectivity have to be verified by the EU’s scientific committee (STECF). A large mesh (120mm mesh) in the extension section of the beam trawl has been approved as an effective method to reduce the capture of undersize sole.

You should notify Cefas if there are any additional gear modifications you would want approved.

For a vessel to utilise one of these exemptions it must meet the exemption criteria and abide by the recording requirements.

De minimis exemptions have been scientifically approved and were awarded where either:

• scientific evidence shows further improvements in selectivity is difficult to achieve
• there is disproportionate cost to fishermen in handling unwanted catches

The Government does not propose to ‘allocate’ discards under the de minimis provision. The MMO will monitor the level of discarding under these exemptions to ensure we remain within our 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.

4. Further Information

The North Western Waters discard plan agreed by the Member State regional groups were submitted to the Commission.

Commission Delegated Regulation establishing the discard plan for demersal fisheries in the North Western Waters.