2 Agreed Record of Conclusions of Fisheries Consultationsbetween the European Community and Norway for 1998 Brussels, 2 December 1997

1A Community Delegation headed by Mr Ole TOUGAARD and a Norwegian Delegation headed by Mr Dag Erling STAI met in Brussels from 26 November to 2 December 1997 to consult on mutual fisheries relations for 1998. The meeting was a continuation of a previous meeting in Bergen.

2The Heads of Delegations agreed to recommend to their respective authorities the fishery arrangements for 1998 as outlined in Annexes I, II and Tables 1 to 5.

3It 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.

4The Parties noted the current positive stock development for some North Sea demersal stocks. However, other stocks are still close to or outside safe biological limits and it was agreed that sustained efforts are needed in order to improve the overall stock situation.

The Parties took note of the report of the scientific working group for demersal stocks in the North Sea addressing issues in relation to discards, selectivity of fishing gear and measures relating to closed seasons / areas and other technical measures and agreed that the scientific working group should continue its work.

5In 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 1999, 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.

6.1The Parties discussed the management of the North Sea herring stock and agreed to adopt the Arrangement on the Management and Allocation of Herring of North Sea Origin set out in Annex I.

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.

In light of the continued serious stock situation and in applying, mutatis mutandis, the provisions of paragraph 3 of the Arrangement referred to above, the Parties agreed to implement the ICES recommendation for 1998 by adopting an F_2-6 of 0.2 and a reduction of 75% of the fishing mortality on the juveniles compared to the 1995 level.

In this context, the Parties concluded that the by-catches of herring in other fisheries will be limited to 22,000 tonnes in 1998; this quota will be allocated to the Community.

6.2The Community Delegation stated that within the afore-mentioned Arrangement, the agreement on sharing North Sea herring involved major concessions on the part of the Community, which took account of a whole series of additional factors besides the zonal attachment of the stock.

The Norwegian Delegation stated that Norway, in its overall assessment of the said Arrangement, has put major emphasis on the management aspects, in particular the objective to ensure appropriate control of by-catches of juvenile herring in order to ensure stable and high yields.

7.1The Parties discussed management issues in respect of the western mackerel stock, and agreed that further measures should be taken to promote effective conservation and exploitation. The Parties stressed in particular 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.

7.2The Parties noted that the implementation of a mortality based harvesting strategy had resulted in an improvement in the size of the western mackerel stock. They agreed to continue to apply a multi-annual management strategy to achieve the objective of keeping the level of the spawning stock biomass above the historic low level prior to 1995 (2.3 million tonnes). For 1999, 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 in the light of the importance of the mackerel stock, intensified scientific research is needed.

The Parties agreed to the arrangement set out in Tables 1 and 2, noting that the catch levels set for 1998, 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.

7.3The Parties agreed to discuss with a view to implementing during 1998 a series of measures aimed at improving the control and enforcement of the mackerel fishery. Such measures shall comprise the following:

• Pre-notification of landings and authorisation to discharge before landing;

• Designated ports for the landing of mackerel catches by larger vessels;

• Improved exchange of information on landings by vessels of either Party and landings by third country vessels in the respective ports of the Parties; and

• A pilot project on additional control elements combining satellite tracking and on-board observers to apply to a limited number of larger vessels.

As regards these measures, the Parties acknowledged the different and specific characteristics of the mackerel fishery in the Parties» zones, in particular in fleet structure, internal quota management, landing facilities and control systems. Against this background, they recognised the need to implement country-specific but result-oriented sets of measures which will ensure that the bulk of mackerel catches are adequately monitored and controlled. They agreed to meet early next year to elaborate specific criteria related to the afore-mentioned series of measures.

The Parties agreed to invite the Faroes Islands to co-operate in the elaboration and the implementation of the afore-mentioned series of measures. In this regard, the Parties noted the usefulness of the «Trilateral meeting on increased control in the mackerel fishery», held in Brussels on 30 September 1997 and the need to meet again in January 1998.

7.4Within 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.

7.5The 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 1998, consultations on the management of the mackerel stock on the basis of a fixed timetable.

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 further elaborated and exchanged for assessment so that agreed measures can be implemented by 1 January 1999.

8Referring to the recent Annual Meeting of NEAFC, both Parties had concurrent views on the need to bring, through co-operation, the unregulated mackerel fishery in international waters under appropriate control.

9The Parties agreed to continue the exchange of officials as observers in relation to control and to continue the exchange of information, on a monthly basis and at more frequent intervals upon request, on landings by vessels of either Party and landings by third country vessels in the respective ports of the Parties.

The Parties agreed to work out specifications and technical solutions concerning the exchange of data on landings in order to make the exchange operational as soon as possible with respect to mackerel.

10The Norwegian Delegation again informed the Community Delegation of the problem that Norwegian vessels experience while fishing in ICES Divisions Vb and VIa 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.

11The Parties agreed that it was imperative to ensure that the accounting of catches against the relevant quotas is carried out according to similar methods and criteria. In this context, weighing of landed catches, deduction of water content and conversion factors were identified as key points. It was agreed to initiate the work required in order to assess the implications and conditions for implementing measures regarding these issues.

The Norwegian Delegation informed the Community about the procedures for weighing of landings of pelagic fish and provided a report on the measurement of water content in landings of mackerel.

The Parties agreed to hold a technical meeting early in 1998 for the examination of the different methods and procedures of weighing and deduction of water content applicable to landings and transhipments of pelagic fish, in order to propose possible measures that will exclude discrepancies in the accounting of catches against the relevant quotas. Thereupon, the Parties will review the situation with a view to implementing measures which are equal in effect from 1 January 1999.

12The 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 conservation measures under the «others» quota.

13Following 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 1998 of a total of 1,500 tonnes of redfish, this being without bearing on the fisheries balance.

14The 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.

15The 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.

16Each 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.

17The Parties discussed means of enhanced co-operation in the field of control and enforcement by way of establishing a satellite-based monitoring system to apply to vessels operating in the waters of either Party. They agreed to initiate as soon as possible during 1998 an assessment of the implications, including appropriate formats and other technical specifications, of applying such a system, with a view to implementing satellite monitoring possibly from 1 January 1999 and in any event no later than 1 January 2000. In this context, the Norwegian Delegation explained the legal situation and the internal procedures for approval of such a system.

18The Parties agreed to initiate during 1998 work related to the possibility of a) the transfer of parts of quotas from one year to the next and b) permitting certain catches in excess of agreed quotas within defined limits. It was agreed to assess and establish possible criteria at the annual consultations on management measures for 1999.

19In the context of the North Sea Conference, the Parties took note of the Statement of Conclusions following the Ministerial Meeting in Bergen on 13 March 1997 and agreed to report back, as appropriate, on the progress made.

Brussels, 2 December 1997,

D2.1

D2.2 Technical regulations