www.inshore-ireland.com The Marine & Freshwater Environment Publication
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February/March 2015 Vol 11 Issue 1
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Increase in seafood exports to new and emerging markets
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pages 12&13
Does the Landing Obligation contravene existing regulations? Gillian Mills
F
rom January 1, 2015, fishermen in certain parts of the EU targeting pelagic and industrial species, and salmon and cod fisheries in the Baltic, must land the fish they catch. But all catches of undersized fish, over quota or in excess of catch composition rules, must continue to be returned to the sea, the EU Commission has declared. Pelagic fisheries in international waters are
also subject to the Landing Obligation with the exception of fisheries in non-EU waters where there is a legal obligation to discard in an international agreement (e.g. ICCAT rules relating to Bluefin tuna) and fisheries in the waters of thirdcountries where the law of the third-country applies. In the fisheries under the Landing Obligation, all catches of all species (regardless of whether they are pelagic or demersal) managed through Total Allowable Catches (TACs) and quotas - and in the Mediterranean catches subject to minimum sizes - must be
landed. (For example, vessels fishing for mackerel should also land accidental catches of demersal species, e.g. cod.) Catches can be returned to sea after January 1 however if are they covered by the exemptions (‘de minimis’ and high survivability) defined in the discard plans. Regional discard plans with such exemptions cover the Western waters, North Sea, Baltic and Mediterranean. There are no exemptions for pelagic fisheries (sprat) in the Black Sea. These catches are not counted against quota but must be documented in the logbook. Catches of prohibited species cannot
Mallagh Rock, Arranmore Bay, Co Donegal, takes a beating during recent winter storms.
be retained on board and must be returned to the sea.
Industry reaction
Sean O’Donoghue, CEO of the Killybegs Fishermen’s Organisation which represents the majority of Ireland’s pelagic fleet, believes the Landing Obligation creates an “immediate anomaly as it runs in direct contravention of existing regulations – in particular Council Regulation (EC) No 850/98, or Technical Conversation Measures regulation.” An ‘Omnibus Regulation’ proposed to bring the conflicting regulations into line by the Council and the
European Parliament before the January 1 deadline failed to reach agreement. While the EU Commission is expected to resolve the outstanding issues, “enforcement of the Landing Obligation requires a common sense approach,” he added. At a meeting convened when the talks broke down, the Commission outlined the options available. “They made it very clear that the penalty point system did not apply to the Landing Obligation [from] January 1 as it was not listed as a major offence under the »» page10
Photo: J Rafferty