Fishing - the UK as an "independent coastal state".

Through the Gaps posted a brief overview of where the UK stands with regard to Michael Gove, the PM and others' emotive phrases, "take back control" and "sovereign waters" - a kind of Brexit-speak. (Brexit-speak derives from 'newspeak' first coined by George Orwell in his dystopian novel, 1984) 

In this more detailed and factual post, Richard Barnes, Professor of Law at Hull University with a special interest in International Law and the sea gives his take on the nitty-gritty of the legalese involved. 

It is often said Brexit allows the UK to be an independent coastal State. This is not a term of art, so what does it mean? History and international law show this to be more than mere independence. Independence is always conditioned by international law. 

Some thoughts on this. The UK is an independent State. The UK enjoys those rights and duties attributed to it as such by international law. These ebb and flow according to the tide of international law. This includes maritime rights and duties.

Quick history: The UK only established an 12nm exclusive fishing zone (EFZ) in 1964 under the Fishery Limits Act, following the London Convention '64. Beyond was high seas, subject to freedom to fish. This suited UK fishing interests. The UK generally objected to wider EFZs.

The extension of exclusive fishing under international law occurred around the same time the UK sought membership of the EC.

See http://researchbriefings.files.parliament.uk/documents/RP96-6/RP96-6.pdf 

During the 1970s, international law evolved to allow a 200nm EFZ or EEZ. The UK began to go with the flow: Exclusive fishing around UK was extended to 200nm in 1977, following the adoption of the Fishery Limits Act 1976. But, this extension was prompted by The Hague Resolution 1976, whereby all EC Member States agreed to extend Atlantic/North Sea EFZs to 200nm.

Thus UK's extended exclusive fishing limits were closely tied to wider developments in international and European law and policy. Presently, the right to claim an EEZ vests in States. as per #UNCLOS The UK, not the EU, enjoys this right. Yet, whilst the UK remains in the EU, it has through international agreement (EU treaties) authorised the EU to exercise exclusive competence over fisheries. Presently, the right to claim an EEZ vests in States. as per #UNCLOS The UK, not the EU, enjoys this right. Yet, whilst the UK remains in the EU, it has through international agreement (EU treaties) authorised the EU to exercise exclusive competence over fisheries.

As an EU Member State, the UK retains some ability to shape fisheries policy. through the CFP. This has been part of cooperative process. This has been influenced by political considerations. Not always successfully. Yet these political considerations remain.

Once the UK leaves the EU, and any transitional arrangement ends, then exclusive rights to regulate fisheries returns to the UK. Yet, this is subject to limits required by international law. What are these limits? Most obviously these include the Withdrawal Agreement and UNCLOS.

Under UNCLOS, rights and duties in EEZ are part of a careful balance. The rights include managing all fishing activities in the EEZ. The duties include conservation and cooperating with other States when the circumstances require this. This means interdependence.

To the extent fisheries are wholly and naturally exclusive to the EEZ, then management can sometimes be done unilaterally. However, even here a number of situations will require cooperation as appropriate with neighbouring or regional States: eg UNCLOS Article 62:

It is also appropriate when stocks are transboundary, when there is interdependence of shared stocks located in different States waters, and when there are international minimum standards. Independence and  interdependence.

This may entail agreeing common standards between States to ensure proper conservation of stocks. Indeed most experts agree failure to do so will be detrimental to fish stocks. Independence and interdependence

Nothing in UNCLOS requires / prohibits foreign fleets access to fisheries. It is a mainly a political decision. Here a wider range of factors come into play. These include payments, deals related to market access, and other quid pro quo.. Again, independence and interdependence

Brexit means the location of authority to manage fisheries in UK waters will rest with the UK. However, the exercise of this authority still entails cooperation. History shows that cooperation is rarely isolated from other political concerns.

In short, being an independent coastal State does mean independence, but it also means interdependence.

Watch live today - Fishermen and conservation groups share views on EU’s ban on fish discards

Click on the play button to activate the video and adjust the volume level.

The EU Energy and Environment Sub-Committee continues their inquiry into the implementation and enforcement of the EU landing obligation.

• Parliament TV: Implementation and enforcement of the EU landing obligation
• Inquiry: Implementation and enforcement of the EU landing obligation
• EU Energy and Environment Sub-Committee

Witnesses on Wednesday 5 December 

Committee Room 2, Palace of Westminster

At 10.15am

• Jim Pettipher, CEO, Coastal Producer Organisation
• Jeremy Percy, Director, New Under Ten Fishermens Association (NUTFA)
• Graeme Searle, Fisherman
• Graham Doswell, Fisherman

At 11.15am

• Helen McLachlan, Fisheries Programme Manager, WWF-UK
• Samuel Stone, Head of Fisheries and Aquaculture, Marine Conservation Society

Background

The EU landing obligation has applied to some specific fish stocks since 2015, but from January 2019 it will apply to virtually all fish. It means fishermen will have to land all the fish they catch, rather that discarding fish they don't want back into the sea. Fishermen are concerned about the impact this will have on their livelihoods, but conservation groups say it is key to protecting the marine environment. Questions have also been raised about the Government's ability to enforce compliance with the landing obligation, given that it will require significant levels of at-sea monitoring. 

Likely areas of questioning

• How significant a change is the landing obligation, and why is it important?
• What has been the impact of the landing obligation to date, and what is the likely impact when it comes fully into force in January?
• What are the challenges posed by the landing obligation, and how might they be overcome?
• Is the UK ready to fully implement the landing obligation in January?

Mid-week market in Newlyn.

Plenty of boxes, plenty of fish, plenty of buyers this morning...

with some bulk landings of hake from netters like the Karen of Ladram...

and tons of mackerel from the St Ives handliners...

along with the biggest landing of cuttles so far this season...

mixed in with some real quality fish...

liuke red mullet...

haddock...

Dover sole...

megrim sole...

and even a few bull huss...

sepia ink from the cuttles...

stains everything it comes into contact with...

but makes superb eating - if you haven't - try some - plenty of good recipes out there...

this rare 5.5kg Mediterranean octopus beauty...

has huge suckers...

unlike the more common local variety...

the hungry herring - rolled in oats & grilled is a fav...

just one of the thousands of mackerel landed this morning...

along with a few bass...

black...

and red bream...

guess the fish...

that the buyers are bidding on..

our entry for this year's Turner prize...

ray fishing is slack at this time of year...

the fat laden skin of the conger eel...

one big blonde...

goes down in the book...

it's not a Dover sole...

the one and only...

my ling-a-ling...

and finally a brace of sharks to boot.

Just like fishing - this has everything!

You'll laugh, cry and laugh and cry some more when you see this - something to warm the cockles of your heart over Christmas - nice one guys!

With the awesome Danny Mays and Fishermen's Friends - one and all.

A New Climate for Fishing

Public event shines a light on what climate change could mean for Scottish fisheries.

Over 100 guests gathered at a public event on Wednesday 28th November to find out more about what climate change could mean for Scottish fisheries. Part of an international five-day workshop on climate change hosted by the University of Aberdeen, and funded by Fisheries Innovation Scotland (FIS), the public event brought together students, scientists, fishing industry and government representatives, alongside interested locals, to offer an open forum for questions and discussion. The hot topic: will changes in ocean temperatures drive a sea-change in marine fisheries? And what will it mean for the business and livelihoods that depend on them?

An expert panel featured world-renowned climate change scientists including Gretta Pecl from Tasmania University, fisheries economist Alan Haynie from Alaska Fisheries Science Centre and Skipper of the pelagic fishing vessel Resolute, George R. West. Commenting on the range of expertise in the room, Fisheries Innovation Scotland Executive Director, Kara Brydson, said: “FIS is a unique charity which supports collaboration and knowledge exchange between fishers, scientists, government, and the seafood supply chain. We commission research and events that not only raise awareness of issues that could impact on profitable and sustainable fisheries but also to find innovative ways to combat these problems, thanks to partnerships between scientists and the Scottish fishing industry.”

Amongst the key messages from the day’s presentations was the need for an ‘all hands on deck’ approach to respond quickly to the ‘massive’ changes climate change will bring to fisheries. John Pinnegar, Marine Climate Change Centre, highlighted how valuable species are moving north, looking for cooler waters. Pinnegar predicted Scottish fishing staples like cod and herring would be ‘losers’ under climate change, struggling with shifts in sea conditions. Species that thrive in warmer waters, including squid, sprat and sea bass, are predicted to benefit.

A presentation from the Scottish Pelagic Fishermen’s Association by scientist Steven Mackinson shone a light on the role of the fishing industry as data-gatherers. A FIS-funded initiative is supporting efforts to improve the stock assessment for herring through genetic sampling on board pelagic vessels. The audience heard how a clear picture of stock status now, and in the future, will help anticipate and adapt to the challenges of a changing climate.

Pelagic Skipper, George R. West, shared a fishermen’s perspective by outlining changes he has seen over four decades at sea, including the ‘unexpected’ southward shift of mackerel. He detailed how the pelagic industry is already doing a lot to protect the fishery from a rising climate, with investment in more fuel efficient vessels that can travel further following shifting stocks and stronger collaborations with climate change scientists.

After the event, participants were encouraged to join a reception where they could ask questions about climate change and fish to visiting scientists and fishing industry representatives. An attendee from Marine Scotland was glad to see a mixture of industry representatives, economists and scientists were given an opportunity to speak at a scientific event: “This event felt really inclusive, which makes it much more worthwhile.”

“The combination of speakers benefits our interpretation of past climate changes and also allows us to make more robust predictions about future impacts,” said event lead Dr Tara Marshall, Senior Lecturer in Fisheries Science at Aberdeen University. “The compelling presentations given at the public event will be made available on the FIS website along with ideas for how the research community and industry in Scotland can continue to work together to investigate and prepare for climate change.”

MMO - New catch-recording requirements explained

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In this post we aim to help skippers comply with the new catch recording arrangements, explain why they are being introduced and outline the benefits of the new system. 

Fishermen and the industry are gearing up for a period of major change during the coming year.

EU Exit, the imminent discards ban and new digital services from the Marine Management Organisation (MMO) are among the top priorities for the industry.

As Head of Compliance and Control Michael Coyle is keen to explain the new catch-recording arrangements, which will apply to the inshore fleet.

Is recording catches going to be compulsory for the under-10m fleet?

The MMO is consulting on the introduction of catch recording for the under-10m fleet. Our aim is to support the viability of the fishing businesses by making fishing sustainable long term. To do that, we need to better understand the full impact of fishing on stocks.

Introducing a requirement for under-10m vessels (the majority of our fishing fleet) to record their catch, both quota and non-quota, would give us a much clearer picture of how much fish we are taking from our seas. It would also enable us to act more fairly and efficiently to conserve stocks at levels that support sustainable fisheries in the future.

How are we supposed to do this?

With the help of individual fishermen at ports across the UK, we have developed an app that can be used on a smartphone, tablet or computer to record their catches.

We have been testing the prototype with users and we will continue to do so as we develop the service. The app is designed to be quick and easy to use as we want to minimise additional work for fishermen to comply with licence conditions.

The indications are that it takes just 90 seconds to record a single species catch via the new app.

When will this become compulsory and how will we get a say in this?

We are about to start consulting the under-10m fleet, so we can better understand how catch-recording will affect them. This is with a view to launching catch-recording for the under-10s in 2019.

Don’t you realise that small fishing businesses already have enough to do without introducing even more reporting?

We understand how hard fishermen and people in the industry work. Our aim is not to introduce more reporting for its own sake, but to support our plan to develop a sustainable fishing industry for the future.

What are the benefits of the new arrangements?

The new recording arrangements will reduce the paper burden on fishermen. The existing process will be replaced and there will be just one recording requirement, which can be done very quickly via a smartphone.

Combined with data from inshore vessel monitoring, the catch-recording information can be used to trial new ways of managing fishing opportunities. This should:

• Lead to fairer more efficient fisheries management;
• Protect the rights of fishermen;
• Allow skippers to demonstrate their track record more easily; and
• Prove that the UK is taking appropriate steps to fish more sustainably, which is key to positive marketing for commercial fishing.

Keep up to date with the planned changes

We will be posting updates about catch recording requirements as well as other changes in the fishing industry on the MMO’s website:

https://www.gov.uk/government/organisations/marine-management-organisation

Details will also be available from your local MMO office as well as the offices of Inshore Fisheries and Conservation Authorities (IFCA).

Michael Coyle, MMO, Posted on:29 November 2018 - Categories:fisheries

Celtic Seas ecoregion – Fisheries overview, including mixed-fisheries considerations.

Executive summary

The commercial fisheries in the Celtic Sea target a large number of stocks. The pelagic fisheries, which account for the largest catches (by weight) in the region are the mid-water trawl fisheries for blue whiting, mackerel, horse mackerel, herring, boarfish, and sprat. The largest demersal fishery targets hake along the shelf edge using gillnets and longlines. There are also large mixed bottom-trawl fisheries targeting benthic species, Nephrops, and gadoids. The species composition of these mixed fisheries tend to vary, depending on the area and the countries involved in the fishery.

The relationship of biomass status or the fishing mortality to reference points is not known for more than 50% of the 106 stocks that are assessed in the ecoregion.. Though only 29% of the stocks are fished below FMSY, these stocks account for nearly 12% of the total landings. There has been a trend of declining fishing mortality since the mid-1990s for the benthic and demersal stocks with known status, and the average F/FMSY ratio is now approaching 1 for the first time. The trend for stock size in assessed benthic and demersal stocks has been increasing over the same period. The trend in average F/FMSY ratio for pelagic assessed stocks has been increasing in the last few years although the average stock size indicator remains above MSY trigger.

The technical interactions in demersal mixed fisheries are described for three areas within the ecoregion. Nephrops account for the highest landings in the Irish Sea; they are mainly taken in trawl fisheries where they account for more than 90% of the total landings. In the Celtic Sea and west of Ireland hake account for the majority of the landings; they are mainly taken in longline and gillnet fisheries which are also dominated by hake. In the west of Scotland Nephrops again account for the highest landings; they are mainly taken using otter trawls, but also in pots. ICES carries out mixed-fisheries forecasts for cod, haddock, and whiting caught in mixed demersal fisheries in the Celtic Sea. These forecasts take account of the technical interactions not included in the single-stock forecasts. For 2019, no catch of haddock or whiting is consistent with the cod single