1. Mike Mitchell Fair Seas Limited
Where’s the Catch? Challenges and Opportunities with the Landing Obligation SFP European Aquaculture & Fisheries Forum 12th April, Dublin
Mike Mitchell
Fair Seas Limited

2. The CFP Regulatory Framework
Article 2 – of the Common Fisheries Policy (Regulation 1380/2013) requires Member States to manage all commercial fish stocks in accordance with BMSY
Article 15 – in order to comply with Article 2, Article 15 sets out the details which constitute the Landings Obligation or the ‘discard ban’ for some commercial species 
 Article specifically requires Member States to keep detailed and accurate records of all fishing trips (fully documented fisheries)
Furthermore…
Article 105 in the Control Regulation– enables the Commission to offset overfishing by Member States by the deduction of quota from the following years’ entitlement  

3. We now have a CFP that strongly supports some of the most fundamental aspects of good fisheries management:
Fisheries managed at BMSY
Landings Obligation
Fully Documented Fisheries
…….so, where’s the catch?

4. The ‘choke species’ issue
A ‘choke species’ is one which a vessel cannot avoid catching, but for which it has no quota
This of particular importance in ‘mixed fisheries’ where a number of species live together and interact within an Eco-system
There are very few mono-species selective fisheries in European waters and the majority of our ground fish populations co-habit within the same environment
In some fisheries, this can make the targeted catching of any individual species problematic for European fishermen

5. The illegal discard risk
After a decade of hard work in legitimising fishing effort, it seemed that the dark legacy of wanton overfishing and black market fish landings had become a thing of the past.
But, because of the choke species issue, there is a tacit understanding that some vessels will continue to discard despite the introduction of the LO.
There is already evidence that this is the case in the Baltic!
Continued unaccounted mortality from discarding against quotas (which have actually been increased to account for the LO) will lead to overfishing.

6. The market consequences
For the first time in many years, the market faces the very real prospect that some EU fishery products in their supply chains are likely to be sourced from vessels that are fishing illegally
Some vessels operating within certified sustainable fisheries may begin illegal discarding and thereby threaten the viability and reputation of consumer facing sustainability schemes

7. The dilemma
An effective and properly executed CFP is essential to ensure the biological and economic sustainability of European fisheries
Fully documenting fisheries is an essential tool for successful fisheries management and necessary for the attainment of Bmsy
Ignoring illegality because it is inconvenient and problematic is wrong, and...
Failing to properly document extractions from the resource should not be sacrificed because there are implementation challenges in some fleet sectors

8. Legal Sourcing is a no compromise market requirement
The market requires that there is no illegal practice in up-stream supply chains - we will continue with our efforts to ensure that all seafood is sourced from fully documented, legal sources
BUT - the market recognises the urgent need for practical actions to be taken in order to prevent the loss of buyer access to EU catches on the basis of a failure to meet the conditions set out in the CFP

9. Some solutions
The de minimus policy – where a by-catch species is such a small percentage of the catch that it is excluded from the Landings Obligation. In the short term, the trigger level for de minimus exemption is 7%, but this reduces to 5% in the longer term
The high survivability policy lever – where species which can be proven to have a high likelihood of surviving the fishing effort can be returned to the sea
Improved catch selectivity of fishing gears to avoid unwanted by catch
Real-time spatial measures for the avoidance of non-target species

10. Further Practical Actions are Required
The mapping of choke species ‘pinch-points’ to enhance real time spatial and temporal management measures
Greater flexibility of access to quota - including the creation of new quota trading platforms and year end banking opportunities
Greater freedom to adapt and adopt fishing metiers beyond the current highly prescriptive regulation, strongly supporting the March 2016 proposal to overhaul the current regulations on technical measures
That these asks be supported through adequate provision of EU structural funding

11. So, what next?
Is there a potential for collaborative action from the major European seafood buyers?
FIP initiatives to drive new solutions for improved catch selectivity and real-time spatial management (e.g. FIS model)
Political influence – a ‘joined up’ message from the major retailers and brands to MS and the EU on the importance of delivering their obligations under the new CFP

12. Thank you for listening