Ministers have indicated that they wish to retain the principle of the landing obligation but are open to refinements in the way that it works in practice. Defra have arranged a meeting/conference call for Friday 5th June, to discuss how the landing obligation might work after 31st December 2020.
Post Brexit Landing Obligation
In preparation for that meeting we have prepared a draft list of points (below) which amount to NFFO policy in this area.
Address CFP Design Deficiencies
- A requirement to land all quota species in all circumstances (except when an exemption is in place) is unenforceable – a well-designed discard policy focused on reducing unwanted catch, with the understanding and support of the fishing industry, by contrast, is an achievable objective
- EU legislators’ focus was on legislation, not implementation (someone else’s problem); there is a need for a more integrated fisheries management approach in which discard policy has a place but is not the main driver
- The potential for chokes in mixed fisheries remains a deep rooted and ongoing problem
- The LO has led to loss of visibility of catches in some fisheries and in some circumstances – leading to a degradation in the scientific advice and the quality of fisheries management decisions
- The LO depends on extensive use of exemptions – these are temporary and require annual re-visitation – absorbing too much time and effort
- The LO was developed in an artificial moral panic, with inadequate account taken of the views of those who would be subject to the new rules
- Discard policy should not be legislated for in inflexible primary legislation
- Successful implementation requires an ability to adapt and adjust – which is not available within the CFP’s rigid decision-making process
Priorities
- Secure adequate quota to reduce potential for chokes (TAC decisions, UK proportion of shared stocks, internal allocation and transfer arrangements)
- Re-brand the LO without losing emphasis on reducing unwanted catch
- Reposition and reaffirm discards policy as a facet of fishing management (not the priority) - the principle priority/objective should be to maintain fishing mortality within safe limits and maximise sustainable yields
- Recognise the diversity of circumstances in which discard policy is applied
- Maintain high-survival and de minimis exemptions where sufficient evidence is available – replacement for STECF role – but on a more reasonable time cycle
- Re-connect with fishers – policing by consent – this requires dialogue at all levels
- Maintain focus on reducing unwanted catch, through hearts and minds rather than blunt policy instruments and heavy-handed enforcement
- Reaffirm emphasis on the importance of accurate catch information and its connection to sound management decisions
- Remove TAC status where it serves no purpose – eg. Irish Sea whiting
- Muscular positioning on this issue when dealing with the EU during bilateral negotiations – UK discard policy will be separate, distinct and more effective in practice than the CFP
- Further development of gear selectivity and avoidance strategies as practical ways of reducing unwanted catch
- Explore voluntary use of REM subject to safeguards on ethical, legal and practical aspects, where this is a valid option
- Focus on what economic incentives are being created when regulating – minimise scope for unintended consequences
- Management Plans as envisaged by the Fisheries Bill could be the right vehicle for regionally and sectoral sensitive discard policies
- Explore scope in Fisheries Bill for a charging scheme that would allow landing of unavoidable overshoots without creating an economic incentive to target
- Measures to ensure that non-UK vessels fishing in UK waters comply with UK discard policy
NFFO June 2020
