EU Policy advice on marine ecosystems

EU Policy needs concerning advice
about marine ecosystems
Kenneth Patterson,
Deputy Head of Unit A2, "Common Fisheries Policy
and Aquaculture",
Directorate-General for Maritime Affairs and Fisheries
European Commission

Monday 16 December 2013

• The Common Fisheries Policy: Environmental and
Ecosystem Aspects
• The Marine Strategy Framework Directive
• Biodiversity
• Mitigating by-catches of Marine Mammals in
Fisheries
• NGO participation in Advisory Committees


The Common Fisheries Policy: Environmental and
Ecosystem Aspects


Common Fisheries Policy (Revised 2013)
Main biological boundaries:
•Fishing within MSY bounds for all stocks, using TACs,
quotas, effort management, technical measures, closed
areas etc. as appropriate, without discards of the target
species.
•Current status is single-species advice about catches with
respect to MSY, with information about compatibilities in
mixed-fisheries.
•Extension to mixed-fisheries advice and multispecies
advice.
• Advice to EU Commission; support for regionalised initiatives


Objectives:
• Article 2(3)"...shall implement the ecosystem-based approach
to fisheries management to ensure that negative impacts of
fishing activities on the marine ecosystem are minimised, and ...
avoid the degradation of the marine environment".
• Definition: "ecosystem-based approach ...
means an integrated approach to managing fisheries within
ecologically meaningful boundaries ... while preserving ...
biological wealth and processes ... safeguard composition,
structure and functioning of the habitats of the ecosystem ...
taking account of knowledge ... and uncertainties."


Measures (Article 7):
• Targets can be adopted for conservation and sustainable
exploitation of stocks and related measures to minimise the
negative impact of fishing on the marine environment.
• Incentives ...for the avoidance ... of unwanted catches, and for
fishing with low impact on the marine ecosystem ...
• Pilot projects on management techniques and gears to minimise
the negative impact of fishing activities on the marine
environment.
• Specifications on fishing gear construction ... to minimise the
negative impact on the ecosystem; or to reduce capture of
protected species and unwanted catches.
• Closed areas to protect endangered species, spawning fish,
undersized fish, fish below CRP and vulnerable marine resources.
•

... measures to minimise negative impacts on biodiversity and


Fish stock recovery areas (Article 7a):
• ...establish protected areas on grounds of
biological sensitivity (including juvenile and
spawning areas) to contribute to the conservation
of living aquatic resources and marine
ecosystems.
• give additional protection to biologically sensitive
areas... Member States to identify ... areas which
may form part of a coherent network.
Commission may be empowered to establish such
areas.


Multiannual plans (Article 9):
• Plans to cover mixed fisheries and multispecies fisheries, taking
account of knowledge about interactions and marine ecosystems.
• Plans may include specific alternative conservation measures for
some stocks based on the ecosystem approach.
• Plans to include conservation reference points consistent with the
objectives (Art. 2).
• [ecologically meaningful boundaries ]
• Plans may include conservation measures ... to minimise the
negative impact of fishing on the ecosystem.


Environmental compliance (Art. 12)
• Member States can take conservation measures in their waters
affecting fishing vessels of other Member States in order to
comply with:
•

Article 13(4) of MSFD (spatial protection measures)

•

Article 4 of Birds Directive (conservation measures for bird habitat
areas)
Article 6 of Habitats Directive (protection of special areas of
conservation)

•

and
Compatible with CFP objectives

• Regionalised approach applies. If necessary, Commission may
propose the measures directly.


Quota and Effort Allocation (Art. 16a)
• When allocating fishing opportunities ... MS shall use ... criteria
including those of an environmental, social and economic nature.
The criteria ... may include ... the impact of fishing on the
environment ...


National Measures (Art. 25)
• Member States can take nondiscriminatory measures for
conservation and management of fish stocks and the maintenance
or improvement of the conservation status of marine ecosystems
within 12 nautical miles of its baselines (unless the Union has
already adopted relevant measures).


Conclusions:
•

Responsibilities are assigned both to Member States under a
regionalised approach and to the Commission to propose Union
legislation.

• There are wide-ranging provisions concerning the management of
fisheries in order to achieve "good results" for the environment.
• The "good results" are not defined, but reference is made to
managing fisheries within "ecologically meaningful boundaries".
• There is no guidance in the CFP on fixing these boundaries.
• As a basic principle, all legislation must be complied with. The CFP
does not "rank" higher or lower than the MSFD.


The Marine Strategy Framework Directive


Marine Strategy Framework Directive
• Different legislative basis: Article 175(1) of EC treaty
• Environmental issues are a competence of Member States; the
Commission's roles are principally coordination, facilitation,
monitoring and follow-up.
• However, the Directive has provision for Member States to seek
action from the Commission where it has competence (e.g. CFP)
and where the activity is affecting environmental status.
• There is an obligation on Member States to maintain Good
Environmental Status (GES). This is defined under 11
'descriptors'.


Marine Strategy Framework Directive:
the descriptors (1)
• D1: Maintain biological diversity (including distribution/abundance
of species and occurrence/quality of habitats)
• D2: Non-indigenous species should not adversely alter
ecosystems
• D3: Populations of all commercial fish/shellfish to be within safe
biological limits, with a healthy age and size distribution
• D4: All elements of food webs to be at normal abundance and
diversity
• D5: Anthropogenic eutrophication is minimised
• D6: Sea-floor integrity kept so that benthic ecosystems are not
adversely affected
• D7: Permanent alteration of hydrography does not adversely
affect ecosystems

the descriptors (2)
• D9: Contaminants in seafoods are within permitted levels
• D10: Litter does not harm marine environment
• D11: Noise, and other energy inputs, do not adversely affect the
marine environment.


the descriptors (3)
• For each descriptor, MS must:
•
•

Determine a set of characteristics for GES, by choosing the elements
and parameters to assess GES, based on the 2010 Decision Criteria
Define a threshold level for "good environmental status"

•

Assess the current levels of the parameters (current status)

•

Identify targets needed to achieve GES (i.e. move from current status to
GES), such as reductions in pressures and their impacts

•

Develop monitoring programmes to assess GES and progress with
targets

•

Develop plans for managing human activities to reduce anthropogenic
impacts such that the GES threshold levels are reached by 2020.


Defining GES
Natural
state
Good
status
GES boundary
GES boundary

Not
good
status

Extinct/
destroyed

Defining GES
Natural
state
Good
status
GES boundary
GES boundary

Not
good
status

Extinct/
destroyed

Typically not pristine
Sustainable use
Viability, functionality

Defining GES
Natural
state
Good
status

Sustainable use

GES boundary
GES boundary

Not
good
status

Extinct/
destroyed

Altered condition –
opportunist spp.,
poor reproductive
capacity, NIS, etc
Loss of range,
distribution pattern,
extent of habitat

Defining GES
Natural
state
Good
status
GES boundary
GES boundary

Not
good
status

Extinct/
destroyed

Sustainable use
e.g. MSY for fish
opportunist spp.,
poor reproductive
capacity, NIS, etc
Loss of range,
extent of habitat

Defining GES
Natural
state
Good
status
GES boundary
GES boundary

Extinct/
destroyed

Sustainable use
e.g. MSY for fish

opportunist spp.,
Not
poor reproductive
good
capacity, NIS, etc
status
Loss of range,
extent of habitat
Accommodate climatic variation,
ecosystem dynamics

GES – state and pressures



Species D1, D3: distribution,
population abundance &
condition, habitat
Habitats D1, D6: extent,
condition
Ecosystem D1, D4:
structure, functioning


Extractio
n of
species
Nonindigenou
s species
D2

Microbial
pathogens

Contaminants
in environment
and seafood
D8, D9


Physica
l
damage

Physica
l loss
Hydrologica
l change D7

Species D1, D3: distribution,
population abundance &
condition, habitat
Habitats D1, D6: extent,
condition
Ecosystem D1, D4:
structure, functioning

Nutrient
enrichmen
t D5

Litter
D10

Other
pressures

Energy,
incl. noise
D11

Biodiversity


Biodiversity -> MSFD GES Descriptor 1
Species
Maintain distributional ranges and patterns
Maintain population abundance, condition and
genetic structure
Habitat
Maintain distributional ranges and patterns
Maintain habitat extent and condition
Ecosystem
Maintain composition and relative proportions of
ecosystem components (habitats and species)


Science needs for CFP and MSFD:
•

Understanding and quantifying interdependencies:
•
•

Between fishing vessels and different stocks in a mixed fishery

•

Between fishing activity and impacts on non-target species

•
•

Between population dynamics of different stocks in a marine ecosystem

Between different ecological indicators (e.g. Fmsy and seafloor distrubance)

Providing advice
•

in the context of a discard ban

•

on acceptable levels of anthropogenic disturbance/impact

•

on parameters to measure and targets to set concerning "ecologically meaningfull
boundaries" (in CFP, where needeed beyond MSFD) or thresholds for "good
environmental status" (in MSFD)

•

Are MSFD criteria sufficient and adequate as "ecologically meaningful boundaries"?
(We could well presume so, unless scientific advice indicates otherwise)

•

on normal/natural structure and functioning of food webs and ecosytems, including
their component species and habitats

•

on modifications to fishing gear and fishing practices to reduce environmental
impacts on ecosystems

•

Ensure the advice is coherent among targets


Marine Mammals


Environmental legislation
• Monk seals and all species of ceteaceans are listed
in Annex IV (species in need of strict protection)
of the Habitats Directive (92/43/EC).
• All forms of deliberate capture, killing,
disturbance, destruction or deterioration of
breeding sites are prohibited.
• Keeping, transport and sale of specimens taken
from the wild is prohibited (except specimens
taken before implementation of the Directive.
• Derogations apply for research, education, public
safety etc.


Seals other than Monk seals
• Sale of seal products is prohibited except for
products of Inuit hunting or state culling (Regln
1007/2009).
• Habitats Directive prohibits use of explosives,
crossbows, and semi-automatic or automatic
weapons for hunting seals.


Protection of Marine Mammals in Fisheries
Regulation 812/2004 provides for :
Obligation for vessels over 12m to use "pingers" in North Sea,
English channel, much of Celtic Sea (VIIefghj) for various types of
gill-net;
Incidental catches of cetaceans by vessels over 15m must be
monitored using observer schemes.
Member States have to report annually on the results of the
observer schemes.
By-catches have decreased in pelagic pair-trawl fisheries, due

Protection of Marine Mammals in Fisheries
Next Steps:
Examine the problem of under-12m and under 15m vessels
fishing inshore;
Move mitigation measures into the general "Technical
Measures Regulation
Fix objectives for maximum cetacean by-catches
Expect Member States to work on a regionalised approach to
adapting the technical measures in order to reach the objectives.


Advisory Committees


Advisory Committees
• New Advisory Councils for aquaculture, for markets and for the
Black Sea to the established.
• NGO Participation to be rebalanced from 33% to 40%
• Fisheries Committee of the European Parliament has proposed an
amendment whereby only the meeting expenses of the fishing
sector would be refunded (Decision still to be taken in plenary
session).


Where are we now ?
•

No known major examples of quantified, holistic ecosystem-based
fisheries management worldwide.

•

Multispecies: Historic modelling in Baltic Sea not usable for management
purposes; in North Sea, modelling being developed.
Mixed fisheries: Consequences of advice provided for North Sea, being
developed for other areas.

•
•

Impacts on non-target species assessed in Natura 2000 context
(Habitats directive), not incorporated in routine ICES advice.

•

No linkage made between annual fisheries advice and other
environmental indicators.

•

MS have submitted initial views on choice of indicators and GES targets
to COM, these are under systematic review; apparently much more work
needed.

•
•

MS slow in taking the initiative in fixing fisheries-related GES, looking
for internal EU coherence.
COM now asking for D3+ advice from ICES.

•

EMFF text should be adopted in October Plenary


Thank you for your attention
Kenneth Patterson, Deputy Head of Unit "Common
Fisheries Policy and Aquaculture", DirectorateGeneral for Maritime Affairs and Fisheries,
European Commission.
Tel : 00 32 2 29 98227
kenneth.patterson@ec.europa.eu


EU Policy advice on marine ecosystems

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