Statutory guidance

Landing Obligation general requirements 2018

Updated 16 March 2018

1. Pelagic Fisheries

If you target pelagic quota species in the North Sea or North Western waters you must follow the pelagic landing obligation.

The fishing gear you use and the sea area you fish in affects how the pelagic landing obligation applies to you

2. Demersal Fisheries

If you target certain demersal quota species in the North Sea or North Western Waters you have to follow the demersal landing obligation.

The fishing gear you use, the sea area you fish in and your historical track record (catch threshold) affects how the demersal landing obligation applies to you.

3. Sea areas

The landing obligation applies in EU waters of the North Sea and North Western waters.

North Sea means ICES areas IIIa and IV, and includes IIa for demersal fisheries.

North Western waters means ICES areas Vb, VI and VII.

Map of ICES areas.

4. Minimum Conservation Reference Size (MCRS)

Minimum conservation reference size replaces the term ‘minimum landing size’. It means the smallest size at which a fish can reproduce. Fish that are smaller than the minimum size are referred to as ‘undersize’. ‘Sized’ fish are those that are above the minimum size or fish for which there is no minimum size.

You must land all catches of any species which are subject to the landing obligation, including those that are undersize unless an exemption applies. All fish landed will count against your quota.

5. High grading

You’re breaking the law if you ‘high grade’ your catch. High-grading is the practice of discarding low- value catches of any species that can be legally landed in order to preserve your quota for higher-value fish.

The high-grading ban does not apply for species subject to the landing obligation because you must land all fish subject to the landing obligation. However, there are permitted exemptions.

6. Fish you must discard

You must discard:

• prohibited species - you must return these to the sea as soon as possible with a minimum of injury to maximise the chance of survival
• undersize fish of species which aren’t subject to the landing obligation - you must return these to the sea as soon as possible after sorting
• over-quota catches of species which aren’t subject to the landing obligation

7. Exemptions

You’re allowed to discard a species that’s subject to the landing obligation in any of the following situations:

• fish which have been damaged by predators, for example marine mammals, predatory fish or birds
• fish damaged by disease or parasites, for example sea lice
• contaminated fish which are unfit for human consumption, for example fish chemically contaminated by oil
• catches released as part of regular vessel tasks such as cleaning the gear
• fish offal from the processing of fish on board your vessel such as the gutting of fish and tailing of Nephrops.

You might also be able to use a fishery specific exemption: de minimis or high survivability. Check the pelagic and demersal guides to see if you can use these exemptions.

You must record catches discarded under the exemptions in your logbook but they won’t count against quota.

8. Very minor exemptions, known as ‘de minimis’

A certain percentage of catches of species subject to the landing obligation are permitted to be discarded in accordance with the de minimis exemption. This exemption is used in the following cases where:

• scientific evidence shows further improvements in selectivity is difficult to achieve
• there is disproportionate cost to fishermen in handling unwanted catches.

You must record catches discarded under the de minimis exemption in your logbook but they won’t count against quota.

9. High survivability

Where there is sufficient evidence to prove the high survival rate of discarded species caught under specific conditions then discarding is permitted. For example, Nephrops caught in pots. These should be discarded as soon as possible and returned in the area where they were caught.

Gears with increased selectivity have to be verified by the EU’s scientific committee (STECF). You should contact Cefas if there are any additional gear modifications you want approved.

10. Record and report catch and discard estimates

10.1 Recording discarded fish

If you are required to complete a paper log book or electronic logbook (e-log) you must record estimates of all:

• discards above 50kg of live-weight equivalent for any species not subject to the landing obligation
• catches of prohibited species
• discards of fish to which the landing obligation applies but have an exemption.

10.2 Recording undersize fish separately to sized fish

You must record undersize fish as a separate entry in your logbook.

You must record all quantities of each species caught and retained on board above 50kg of live-weight equivalent for each fishing trip.

You must record two separate entries if the combined weight of both sized and undersized fish for one species reach 50kg live-weight equivalent.

10.3 Paper logbook records

If you use a paper logbook the entries must list the weight of sized fish separately from the weight of undersized fish. For example if you’re obliged to land haddock and have 30kg undersize fish and 35kg of sized fish you must record both as a separate entry.

Undersize fish kept for landing should be recorded using the BMS (Below Minimum Size) code (for example a column heading would read HAD BMS).

10.4 Electronic logbook records

You must record undersize fish as juvenile in electronic logbook systems. You should make a separate species line entry on the Fishing Activity Report (FAR) for any fish retained above and below minimum size using the Juvenile fish indicator (GBRJUV) to identify the BMS element of the catch where 1 = JUV and 0 = non-JUV.

10.5 If you do not have to complete a log book

You must report your catches of undersize fish in the buyers and sellers sales note.

11. Storing undersize fish

Different rules apply for the storage of undersized (below MCRS) fish which have been retained as a result of the landing obligation depending on the size of vessel.

11.1 Store undersize fish: vessels 12 metres and over

You must store undersize fish separately from sized fish in identifiable boxes, compartments or containers.

You don’t have to store undersize fish separately by individual species unless it is subject to a multi-annual plan in the area you are fishing in. For example, if you have caught undersize hake in ICES areas VIIb, C, F, G, H, J, K; that fish must be stored separately and marked on your stowage plan. Undersize hake should still be stored separately from sized fish.

11.2 Store undersize fish: vessels under 12 metres

You don’t have to separately store undersize catches from sized fish provided the catch has been:

• sorted
• estimated
• recorded

12. Landing undersize fish

You’re responsible for handling the undersize fish you catch until you transfer them to someone else.

You can’t sell undersize fish for direct human consumption. You can sell them into different markets for:

non-direct human consumption where the fish is processed in particular ways before re-entering the human food chain (at the moment these uses are food additives, extracts of fish proteins and fish oil for human consumption) non-human consumption where the fish goes to markets where it doesn’t enter the human food chain (these uses include fish meal, pot bait, pet food, and cosmetics)

Find out more about how to handle undersize fish and the markets it can be sent to.

13. Landing declaration

You must record all quantities of landed fish, regardless of total weight, accurately in the landing declaration including undersize fish.

Paper landing declarations must provide accurate weight per species separately listing undersize and sized fish.

Electronic landing declarations don’t allow records to be designated as ‘undersize’ or offer a BMS code. You should select the Fish State “Dried” for recording undersize fish in electronic reporting systems.

14. Buyers and sellers reporting requirements

You can only sell your undersize fish to a registered buyer.

The buyer or seller must provide a sales note for any sale or transfer of undersize fish regardless of the quantity involved. The sales note must include:

• an accurate weight of the total amount of undersize fish by species
• the catching vessel details

You can transport undersize fish unsorted by species if they’re separated from fish above minimum size.

The electronic reporting system (ERS) for sales notes doesn’t allow records to be designated as ‘undersize’. You must use Fish State “Dried” when you submit sales notes for undersize fish.

15. Quota management

In all cases, the vessel owner is responsible for ensuring they can cover the associated quota amount for each landing of a quota species if the:

• vessel is a member of a Producer Organisation (PO) then the PO must source the relevant quota amount.
• vessel is a member of the English non-sector or under ten metre pools then they can use the current species catch limit, quota leasing or a combination of the two

16. Quota uplift

Additional ‘uplift’ quota for species subject to the Landing Obligation has been agreed for 2018. The increase (uplift) in quota aims to allow sufficient quota for all Landing Obligation fish caught to be landed, including those previously discarded.

The amount of quota uplift available for 2018 was decided at the annual fisheries negotiations in December 2017. Following a consultation with the fishing industry the Department of Environment, Food and Rural Affairs has agreed the uplift quota for 2018.

All uplift stocks will continue to be subject to a top slice (first 100 tonnes and 10% thereafter) which will be allocated to the non-sector, except for the four following stocks: North Sea Cod, North Sea Saithe, North Sea Haddock and North Sea Whiting.

The different treatment for North Sea Cod, North Sea Saithe, North Sea Haddock and North Sea Whiting reflects their relative choke risk in 2018. Choke stocks are those stocks where quota may be restrictive in a mixed fishery; that is, the fishery may be closed early due to lack of quota for a particular species.

North Sea Haddock and North Sea Whiting uplift will be top-sliced (first 100 tonnes and 10% thereafter) and reserved for a quota pool for the North East Nephrops fishery. Vessels will be able to access the pool of quota provided they demonstrate use of high selectivity gear in the North East Nephrops fishery to avoid unwanted catch. The uptake of quota in this pool will be kept under review. Vessels participating in the Fully Documented Fisheries (FDF) scheme will also be able to apply for additional quota in this pool. The remainder of the uplift for North Sea Haddock and North Sea Whiting will be allocated based on FQA units.

The FDF scheme vessels will continue to be allocated additional North Sea Cod quota, and in 2018 will also be allocated additional North Sea Saithe quota.

More information on how to apply for both schemes will be provided by the MMO.

The non-sector will receive 144 tonnes of North Sea cod quota as a result of the uplift, which is the same amount as in 2017. The remainder of the uplift quota will be allocated to the FDF scheme. The full North Sea saithe quota will be allocated to the FDF scheme.

Defra will continue to review the demersal uplift quota allocation policy annually.

17. Enforcement

The MMO work with producer organisations and the wider industry to ensure compliance. We want to make sure that you:

• understand the new rules as they come in and can easily get the right information
• know the benefits of fishing selectively and avoiding unwanted catches
• can benefit from opportunities such as quota uplift

If you break the demersal landing obligation rules in 2018 the MMO will take a proportionate and appropriate approach to enforcement. The MMO will first give you information and advice about the changes in the demersal landing obligation.

If action is required it will be in line with the MMO Compliance and enforcement strategy.

Current methods of enforcement and surveillance including inspections at sea are used to educate and check compliance.

18. Further information

Further information on the landing obligation can be found on the European Commission website.