2 Agreed Record of Conclusions of Fisheries Consultations between the European Community and Norway

Brussels, 11 December 1996

1. A Community Delegation headed by Mr Ole TOUGAARD and a Norwegian Delegation headed by Mr Dag Erling STAI met in Brussels from 9 to 11 December 1996 to consult on mutual fisheries relations for 1997. The meeting was a continuation of previous meetings in Bergen and Brussels.

2. The Heads of Delegations agreed to recommend to their respective authorities the fishery arrangements for 1997 as outlined in the Annex and Tables 1 to 5.

3. It was noted that there is a recurring problem in relation to discrepancies between reported official catches or landings and catch statistics utilised by ICES. The discrepancies are assumed to be due to misreporting, inadequate accounting of discards, by-catches and other factors contributing to the total out-take of the stocks. In this context, the Delegations noted that a working group on catch reporting and catch statistics has been set up and could be convened if necessary.

4. The Parties share the very grave concern expressed by ICES on the rate of exploitation and the state of key North Sea demersal stocks. In recent years, most of these stocks have been or are outside or close to safe biological limits, as defined by ICES. The Parties agreed that, pursuant to advice from ICES in accordance with a precautionary approach, urgent and maintained measures are called for to secure sustainable development of these stocks and their associated fisheries. The Parties agreed to approach ICES to request further appropriate and operational advice in this respect.

The Parties took note of the joint working group for demersal North Sea stocks and its report. A main conclusion of that report is that the manner in which current fisheries are conducted causes annual removal of a very high proportion of the stocks, resulting in a high dependency on fishing for younger age-groups of the stock and, hence, a high dependency on recruitment. Consequently, the Parties agreed to follow up the work of the demersal working group, in early 1997, by addressing questions in relation to the current exploitation pattern for demersal stocks in the North Sea; such as discards, selectivity of fishing gears and management relating to closed seasons/areas or other technical measures. It was agreed to address, as a priority, the issue of discards.

5. In light of the current serious stock situation for plaice, the Parties agreed to continue to apply a multi-annual management strategy to achieve the objective of reaching a level of spawning stock biomass defined by ICES as the minimum biologically acceptable level (MBAL). For 1998, the Parties agreed to adopt a TAC consistent with a fishing mortality rate of 0.3, unless future scientific advice requires modification of this agreement, and to request ICES for appropriate advice on this matter. The Parties agreed that, to provide increased security and greater potential yield, the stock needs to be rebuilt to progressively higher levels.

6.1 The Parties discussed the management of North Sea herring on the basis of the presentation of new advice from ICES. They agreed that the existing herring agreement of 1986 did not correspond to the new approach of ICES and, therefore, should be reviewed.

In these circumstances, the Parties came to the conclusion that the herring arrangement for 1996 should be carried forward to 1997, with a zonal attachment of 29% to Norway and 71% to the Community. This arrangement was considered by both Parties as an ad hoc arrangement for 1997.

6.2 In light of the grave and serious stock situation of North Sea herring, the Parties agreed to continue to apply a multi-annual management strategy to achieve the objective of reaching a level of spawning stock biomass defined by ICES as the minimum biologically acceptable level (MBAL). To this end, the Parties agreed to follow the ICES recommendation for 1997, implying that the fishing mortalities of all fleets be reduced from the 1995 level by the percentage (75%) that corresponds to an overall fishing mortality (F_2-6) of 0.2. The Parties agreed that, to provide increased security and greater potential yield, the stock needs to be rebuilt to progressively higher levels.

It was agreed that landings for industrial purposes may only take place where adequate sampling systems are available to monitor effectively the landings of by-catches of herring.

Note was taken of undertakings by the two Parties to adopt accompanying measures, inter alia, to improve the monitoring and control of catches and landings of herring, in order to ensure that the measures agreed by the Parties are fully complied with.

The Parties noted that they will implement complementary measures. In this regard, the possible use of closed areas/seasons as a management measure in relation to North Sea and Skagerrak and Kattegat small meshed fisheries will be examined.

The Parties agreed to review the regulatory measures taken on the basis of any new advice from ICES, including that from surveys carried out in early 1997.

6.3 The Norwegian Delegation reiterated its view that the TAC fixed for North Sea herring should cover all catches of this stock, but noted that the Parties had not been able to fix a TAC for 1997 of this character. The Norwegian Delegation also stressed that by-catches of juvenile herring in industrial fisheries should be substantially reduced.

The Community Delegation considered that, for North Sea herring, there are management strategies alternative to that advocated by Norway and that the Parties should give further consideration to these alternatives. Furthermore, it noted that the results from the Community sampling schemes for 1996 indicate a considerable reduction in landings of juvenile herring compared to the levels of previous years.

The Parties agreed that there is still a need to improve the knowledge of, inter alia, the stock composition, the magnitude and the age composition of herring catches in the North Sea and Skagerrak and Kattegat.

6.4 The Parties took note of the report of the joint working group for North Sea herring. In order to follow up the work indicated in this report, the Parties agreed that it is imperative to establish and implement by 1 January 1998 a new management system for herring and associated fisheries, including fisheries for sprat. The Parties regretted that they had not been able to establish such a management system and agreed to intensify their efforts in this respect.

The objective of the system should be to reduce, where required and, thereafter, to control the fishing mortality rate on juvenile herring to be consistent with the fishing mortality rate on adults. This system should, inter alia, ensure adequate control of by-catches of juvenile herring of North Sea origin. In this context, the Parties agreed to request ICES to provide further necessary information and advice.

The Parties agreed to continue to consult, during 1997, on the basis of a fixed timetable to be agreed in early 1997, and to assess and propose measures to be included in such a management system. The necessary work will be initiated as soon as practicably possible and proposals shall be worked out no later than 1 October 1997.

6.5 The Community Delegation stated that it considers that its share of the TAC decided for herring in the North Sea incorporates herring of any origin including Atlanto-Scandian herring.

The Community Delegation stated its concern and opposition with regard to the Norwegian 40-mile zone which prohibits fishing for herring during a period in which the Community has traditionally fished within this area.

The Norwegian Delegation did not share these views and stated that Norwegian spring-spawning herring is not covered under the bilateral quota agreement.

6.6 The Parties shall, during the annual consultations, communicate catch statistics specified as catches taken in the directed fishery for herring and estimates for by-catches of herring in industrial fisheries.

7.1 The Parties discussed management issues in respect of the western mackerel stock, and agreed that measures should be taken, as appropriate, to promote effective conservation and exploitation. The Parties stressed the need for effective control of the fishery for western mackerel and the enforcement of technical measures, and agreed to communicate catch statistics on request. In the event that quotas of western mackerel are exceeded, the Parties will consult as appropriate.

7.2 In light of the current serious stock situation for mackerel, the Parties agreed to continue to apply a multi-annual management strategy to achieve the objective of reaching a level of spawning stock biomass greater than the historic low level prior to 1995 (2.3 million tonnes). For 1998, the Parties agreed to adopt a TAC consistent with a fishing mortality rate of 0.15, unless future scientific advice requires modification of this agreement, and to request ICES for appropriate advice on this matter. The Parties agreed that, to provide increased security and greater potential yield, the stock needs to be rebuilt to progressively higher levels.

The Parties stressed that the current stock situation for mackerel calls for intensified scientific research.

The Parties agreed to the arrangement set out in Tables 1 and 2.

The Parties noted that the catch levels set for 1997, in respect of western mackerel, constitute an ad hoc arrangement and do not relate to an assessment of the distribution of the stock in the zones of the two Parties, it being without prejudice to future arrangements.

7.3 The Parties agreed that the issue of the management of mackerel, due to its complexity, merits a thorough examination. They acknowledged the mutual sensitivity of this issue and recognised that under such circumstances the dialogue must be constructive but without prejudice.

The Parties agreed to intensify during 1997, consultations on the management of the mackerel stock on the basis of a fixed timetable, to be agreed in early 1997.

The Parties agreed to continue the elaboration of factual documentation to clarify relevant aspects of the present system in relation to management areas, control and enforcement, technical regulations, the sharing of the stock, access and flexibility arrangements, economic factors and other relevant issues relating to an improved, comprehensive and rational management system for mackerel. Proposals for possible measures shall be elaborated no later than 1 October 1997 for assessment so that agreed measures can be implemented by 1 January 1998.

8. Within the framework of the dialogue on mackerel, the Parties agreed that a sub-group of STECF will report on possibilities for, and the utility of, the establishment of additional or augmented closed areas for the protection of juvenile mackerel and on the probable utility for the conservation of the mackerel stock of the amendment of existing regulations relating to minimum landing or catching sizes.

9. The Parties agreed to continue the exchange of observers in relation to control. In this respect, the Parties noted the usefulness of the meeting held between them on 15 May 1996. To strengthen the cooperation on control and enforcement, they agreed to exchange information, on a monthly basis and at more frequent intervals upon request, on landings of vessels flying the flag of Norway in Community ports, of vessels flying the flag of Community Member States in Norwegian ports and of third country landings in the respective ports of the Parties. The Parties agreed that the system will be initiated and operational as soon as possible with respect to landings of mackerel.

In relation to this, the Community Delegation informed Norway about its electronic data transfer scheme (FIDES) which harmonises and simplifies information exchange and which is expected to become operational soon. It encouraged Norway to consider linking into this scheme to enhance the control and enforcement measures. The Norwegian Delegation expressed the view that electronic communication between the Community and Norway will facilitate control and enforcement. On this basis, the Parties agreed to continue technical discussions on enhanced co-operation in this field. Furthermore, it was agreed that other relevant parties, e.g. the Faroe Islands, should be encouraged to participate in a common scheme.

The Parties agreed that discrepancies related to the reporting of official catches and landings of mackerel, compared to ICES estimations, gave rise to serious concern and agreed to intensify control of the mackerel fishery. It was also agreed to seek joint consultations with the Faroe Islands on the issue of control and enforcement.

The Parties agreed that during 1997, experts should examine the issue of the landed weight, including water content, of pelagic fish, initially starting with mackerel, with a view to identifying discrepancies and propose possible measures related to the harmonisation of weighing procedures on landings.

10. The Norwegian Delegation informed the Community Delegation of the problem that Norwegian vessels experience while fishing in ICES Division Vb in relation to double reporting and accounting of catches. The Community Delegation undertook to examine this problem with a view to finding a practical technical solution.

11. The Parties agreed that catches of sole taken under the «others» quota in the zone of either Party shall be limited to by-catches only. The Community Delegation indicated the intention to further examine possibilities for enhanced consservation measures under the «others» quota.

12. Following the enlargement of the Community in 1986, the Norwegian Delegation will, in order to facilitate the Community's adjustment to this enlargement, again consider an additional Community quota for 1997 of a total of 1,500 tonnes of redfish, this being without bearing on the fisheries balance.

13. The Community Delegation pointed out that the low allocation of redfish in Sub-areas I and II is without prejudice to requests which the Community may wish to make regarding this stock in future years.

14. The Parties agreed to consult in the event that the exhaustion of any quotas taken in a directed fishery or as a by-catch might prevent the full utilisation of established quotas.

15. Each Party shall, when appropriate and on request, inform the other Party of catches, by stock, made in its fishing zone by the vessels of the other Party; the information provided by Norway being broken down by flag.

16. In the context of the North Sea Conference, the Parties noted that a working group has been established to organise a response to the Conference and to contribute to the preparations for the meetings that will take place in this process.

Brussels, 11 December 1996.

for the Community Delegation

Ole TOUGAARD

for the Norwegian Delegation

Dag Erling STAI

Annex