St.meld. nr. 49 (1998-99)

Om dei fiskeriavtalene Noreg har inngått med andre land for 1999 og fisket etter avtalene i 1997 og 1998

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2 Agreed Record of Conclusions of Fisheries Consultations between the European Community and Norway for 1999

Brussels, 1 December 1998

1.	A Community Delegation headed by Mr Ole TOUGAARD and a Norwegian Delegation headed by Mr Dag Erling STAI met in Brussels from 26 November to 1 December 1998 to consult on mutual fisheries relations for 1999. The meeting was a continuation of a previous meeting in Bergen.
2.	The Heads of Delegations agreed to recommend to their respective authorities the fishery arrangements for 1999 as outlined in Annexes I, II 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 mis-reporting, 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 noted that according to the reports of the ACFM, a number of important North Sea demersal and pelagic fish stocks are close to or outside safe biological limits as defined by ICES. They agreed that sustained efforts are needed in order to improve the overall stock situation.
	The Parties agreed on the need to elaborate long-term harvest strategies based on the precautionary approach for stocks in the North Sea.
	To this end the Parties agreed to set up a working group to meet early in 1999 to propose long-term harvest strategies. The Working Group shall report to the Parties well before the 1999 annual consultations, and shall proceed on the basis of the following terms of reference:
	- Evaluate reference and limit points proposed by ICES while considering appropriate risk levels;
	- Propose options for various harvest strategies in line with appropriate reference and limit points for mackerel, plaice, cod, haddock, whiting and saithe and, if appropriate, suggest priorities;
	- Address issues in relation to exploitation pattern and technical measures such as discards, selectivity of fishing gear and measures related to closed seasons and areas; and
	- Request ICES to evaluate its findings well in advance of next year»s annual consultations.
5.	In light of the current 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 the year 2000, 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. The Parties agreed that, to provide increased security and greater potential yield, the stock needs to be rebuilt to progressively higher levels.
6.	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 stock situation and in applying, mutatis mutandis, the provisions of paragraph 3 of the Arrangement referred to in Annex I, the Parties agreed to a continued implementation of the measures taken in 1998 to ensure the rebuilding of the stock.
	In this context, the Parties concluded that the by-catches of herring in other fisheries will be limited to 30,000 tonnes in 1999; this quota will be allocated to the Community.
7.1.	The 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.
7.2.	The Parties noted that the implementation of a mortality-based harvesting strategy has 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 the year 2000, the Parties agreed to adopt a TAC consistent with a fishing mortality rate of 0.17, unless future scientific advice requires modification of this agreement. 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 1999, 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 discussed measures aimed at improving the control and enforcement in the mackerel fishery.
	As regards such 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.
	In this context, they noted that the following measures have been or will shortly be put into place:
	- Pre-notification of landings and authorisation to discharge before landing;
	- Designated ports for the landing of mackerel catches by larger vessels; and
	- Improved exchange of information on landings by vessels of either Party and landings by third country vessels in the respective ports of the Parties.
	The Parties agreed to advance their work in the field of control, including an assessment of a pilot project on additional control elements combining satellite tracking and on-board observers to apply to a limited number of larger vessels. They also agreed to involve the Faroe Islands in this process.
7.4	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 give the highest priority to consultations on an improved, comprehensive and rational new management system for mackerel. The Parties shall, during 1999, initiate a process internally, bilaterally and, as appropriate, with other Parties, in particular the Faroe Islands.
	A first bilateral meeting shall take place in early June 1999. To this end, the Parties agreed to further elaborate documentation in relation to management areas, control and enforcement, technical regulations, the sharing of the stock, access and flexibility arrangements, economic factors and other issues of relevance to the management of mackerel.
	Proposals shall be exchanged well in advance of next year»s annual consultations so that agreed measures can be implemented by 1 January 2000.
8.	Referring to the recent Annual Meeting of NEAFC, both Parties had concurrent views on the urgent need to bring, through co-operation, the unregulated mackerel fishery in international waters under appropriate control.
9.	The Community Delegation expressed surprise and concern about inexplicably high catches of blue whiting by Norwegian vessels in high seas areas adjacent to Community fishing waters in 1998. It also stressed that there were reasons to believe that these catches had actually been taken within Community fishing waters.
	The Norwegian Delegation pointed out that such suspicions needed to be verified before any conclusion could be drawn and noted that no infringements had been detected by the relevant control authorities. The Norwegian Delegation also informed of Norway»s intention to regulate the entire Norwegian blue whiting fishery for 1999.
10.	The 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.
11.	The 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.
12.	The Parties agreed that it was imperative to ensure that the accounting of catches against the relevant quotas is carried out in accordance with similar methods and criteria in order to provide for rational management and to forestall distortion of competition. In this context, weighing of landed catches, deduction of water content and conversion factors were identified as key points.
	The Parties agreed to continue the work initiated 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 bring about measures that will exclude discrepancies in the accounting of catches against the relevant quotas.
	To this end, it was agreed to set up a working group of control experts assigned by the Parties. The Working Group shall meet in January 1999 and proceed under the following terms of reference:
	- Review the applicable legislation on recording of catches and landings and the implementation thereof;
	- Review the methods used for the establishment of the weight of quantities landed and any adjustment factors applied inherent to the methods used;
	- On the basis of available information, consider the appropriateness of adjustment factors; and
	- Consider a possible standardisation of methods used for the establishment of the weight of quantities landed and appropriate levels of monitoring, inspection and surveillance ensuring accurate use thereof.
	The report of the Working Group shall be submitted well in advance of next year»s annual consultations for assessment and follow-up by the Parties with a view to implementing measures, which are equivalent in effect, as from 1 January 2000.
13.	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 conservation measures under the «others» quota.
14.	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 1999 of a total of 1,500 tonnes of redfish, this being without bearing on the fisheries balance.
15.	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.
16.	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.
17.	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.
18.	The Parties agreed to enhance control and enforcement by way of establishing, no later than 1 January 2000, a satellite-based monitoring system to apply to vessels operating in the waters of either Party. In this context, it was also agreed that early in 1999, a pilot project will be established whereby a representative number of vessels will be subject to satellite tracking when fishing in the waters of the other Party. Technical parameters and specifications shall be jointly agreed so that the system may be sufficiently tested.
19.	The Parties discussed the possibilities of year-to-year management by way 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 revert to this matter at next year»s annual consultations.
20.	The Community expressed concern about the increased frequency and the areas covered by temporary closures of fishing grounds in Norwegian waters. Norway explained that closures of fishing grounds on a real-time basis to protect young fish constitute a vital element in the Norwegian management system. Norway undertook to forward statistical information concerning areas closed temporarily.
21.	In 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, 1 December 1998,

for the Community Delegation	for the Norwegian Delegation
Ole Tougaard	Dag Erling Stai

Vedlegg 1

Arrangement on the Management and Allocation of Herring of North Sea Origin

The Parties agree to implement a new management system for North Sea herring, which is consistent with a precautionary approach and designed to ensure a rational exploitation pattern and provide for stable and high yields. This system shall consist of the following :

1.	Every effort shall be made to maintain a level of Spawning Stock Biomass (SSB) greater than the Minimum Biological Acceptable level (MBAL) of 800.000 tonnes.
2.	A medium-term management strategy, by which annual quotas shall be set for the directed fishery and for by-catches in other fisheries as defined by ICES, reflecting a fishing mortality rate of 0.25 for 2 ringers and older and 0.12 for 0 ringers, shall be implemented.
3.	Should the SSB fall below a reference point of 1.3 million tonnes, the fishing mortality rates referred to under paragraph 2, will be adapted in the light of scientific estimates of the precise conditions then prevailing, to ensure rapid recovery of spawning stock biomass to levels in excess of 1.3 million tonnes.
	The recovery plan referred to above may, inter alia, include additional limitations on effort in the form of special licensing of vessels, restrictions on fishing days, closing of areas and / or seasons, special reporting requirements or other appropriate control measures.
4.	By-catches of herring may only be landed in ports where adequate sampling schemes to effectively monitor the landings have been set up. All catches landed shall be deducted from the respective quotas set, and the fisheries shall be stopped immediately in the event that the quotas are exhausted.
5.	The allocation of the TAC for the directed fishery for herring shall be 29% to Norway and 71% to the Community. The by-catch quota for herring shall be allocated to the Community.
6.	The Parties shall, if appropriate, consult and adjust management measures and strategies on the basis of any new advice provided by ICES including that from the assessment of the abundance of the most recent year-class.
	A review of this arrangement shall take place no later than 31 December 2001.
7.	This arrangement shall enter into force on 1 January 1998.

Vedlegg 2

I. Joint Stocks

The Total Allowable Catches (TACs) for the stocks mentioned in Table 1 shall for 1999 be as indicated in that table. If new scientific recommendations are made by ICES, the Parties will review these TACs.
The TACs referred to in paragraph 1 shall be divided between the Parties as indicated in Table 1.
Each Party shall inform the other Party of allocations granted to third countries for fishing on the stocks referred to in Table 1.
The Parties shall supply each other with monthly catch statistics for fishing on the stocks referred to in Table 1 by their own vessels. Communication of these statistics for the preceding month shall take place at the latest on the last day of each month.

II. Other Stocks

Each Party shall authorise fishing by vessels of the other Party for the stocks mentioned in Tables 3 to 5 within the quotas set out in these tables.

III. Licensing

Licensing by either Party of the other Party's vessels in 1999 shall be limited to the following fisheries.
1. EC fishing in the Norwegian economic zone:
  - all fishing north of 62°N;
  - all industrial fishing and fishing for mackerel in the North Sea;
  - all other fishing with vessels over 200 GRT in the North Sea.
2. Norwegian fishing in the EC zone and in Greenland waters:
  - all fishing in NAFO Sub-area 1 and ICES Sub-area XIV and Division Va;
  - all fishing in the Community's fishing zone with vessels over 200 GRT.
The Parties shall notify each other, according to the types of fishing indicated above, the name and characteristics of the vessels for which licences may be issued. It is agreed that the requirement for each Party's vessels to keep on-board a licence whilst fishing in the other Party's zone shall no longer apply.
Vessels which were authorised to fish on 31 December 1998 may continue their activities in 1999 on the basis of this authorisation until the new lists of vessels for 1999 have been approved.
Each Party shall submit to the other Party the names and characteristics of the other Party's vessels which will not be authorised to fish in its fishing zone the next month(s) as a consequence of an infringement of its rules.

IV. Fishery Regulations

The Parties will consult on fishery regulations in the North Sea, with a view to achieving, as far as possible, the harmonisation of regulatory measures in the zones of the two Parties.
The Norwegian Delegation pointed to the problems related to an orderly conduct of the sandeel fishing in the Norwegian Economic Zone and the Parties agreed to consult on this matter and other matters if so required.
A Party intending to introduce or amend fishery regulations, applicable to vessels of the other Party, shall inform the latter of such intentions with a notice of at least two weeks. Exceptionally, the introduction or amendment of fishery regulations, due to concentrations of young fish in limited areas, may be implemented with advance notice of one week. Consultations shall be held if so requested by either Party.

V. Consultations

The two Parties will consult on the implementation of the arrangements set out herein.

VI. Implementation

In the event that the implementation of the fishery arrangements is delayed, the Parties agreed that the arrangements shall be subject to re-negotiation upon the request of either Party.
If quotas referred to in Table 1 are exceeded, the Parties shall seek in consultation measures which will redress the balance.

Vedlegg 3

Tabell 2.1 1999 Joint stock Quotas in the North Sea

		Zonal Attachment
						Transfer		Quota to Norway		Qouta to EC
		Norway		EC	from	Transfer
						Norway	from EC		EC		Norwegian
Species and ICES Area	TAC	%	Tonnes	%	Tonnes	to EC	to Norway	Total	Zone(¹)	Total	Zone(¹)
Cod IV	132,400	17	22,510	83	109,890	10,000	.......	12,510	12,510	119,890	60,000
Haddock IV	88,550	23	20,370	77	68,180	5,500	.......	14,870	10,000	73,680	50,000
Saithe IV, IIIa	110,000	52	57,200	48	52,800	.......	.......	57,200	50,000	52,800	50,000
Whiting IV	44,000	10	4,400	90	39,600	.......	.......	4,400	4,400	39,600	25,000
Plaice IV	102,000	7	7,140	93	94,860	3,765(³)	.......	3,375	3,375	98,625	40,000
Mackerel IV, IIIa	62,455(²)		40,400		20,190	.......	.......	40,400(⁴)	40,400(⁴)	20,190(⁷)	20,190(⁷)
Herring IV, VIId	265,000	29	76,850	71	188,150	.......	.......	76,850	50,000(⁵)(⁶)	118,150	50,000(⁶)

(¹) Any part of this allocation not taken may be added to the allocation in the Party's own zone.

(²) Includes a fishery by a Community Member State of 1,865 tonnes of mackerel in ICES Division IIIa.

(³) A further transfer may be considered after 1 August 1999.

(⁴) May be fished in ICES Division IVa only, except for 3,000 tonnes which may be fished in ICES Division IIIa.

(⁵) Limited to ICES Divisions IVa and IVb.

(⁶) An additional 10,000 tonnes will be granted if such an increase is called for.

(⁷) Of which no more than 6,000 tonnes may be fished in areas ICES Divisions IVb, IVc and IIIa.

Vedlegg 4

Tabell 2.2 1999 TAC and Sharing of Mackerel Stock

		Norwegian
	TAC	transfer	EC transfer	Flexibility
Area	(tonnes)	to EC	to Norway	limits
IV, IIIa	62,455(²)	.......	.......	.......
IIa(¹)	111,350	12,020(³)	.......	60,000(⁵)
Vb (EC zone), VI, VII, VIIIa, b, d, e, XII, XIV	310,810	.......	12,020(⁴)	65,000(⁶)
Total	484,615

(¹) Norwegian economic zone and international waters.

(²) See Table 1.

(³) May be fished in the Norwegian zone in ICES Division IVa.

(⁴) To be fished in ICES Divisions IIa, VIa (north of 56°30'N), VIId, e, f and h; may also be fished in ICES Division IVa.

(⁵) May be fished in ICES Division IVa.

(⁶) May be fished in the Community zone in ICES Division IVa.

Vedlegg 5

Tabell 2.3 1999 Joint Stock Quotas (in tonnes)

	Qouta to Norway	Qouta to EC in the
Species and ICES Area	in the EC Zone	Norwegian Zone
Norway pout(¹) IV	20,000	50,000
Sandeel IV	30,000(⁴)(⁵)	150,000(⁴)
Blue whiting II, IVa, VIa(²), VIb, VII(³)	235,000(⁶)(⁷)	1,000
Blue ling IV, Vb, VI, VII, IIa	1,000(⁸)(⁹)
Ling IV, Vb, VI, VII, IIa	11,000(⁸)(⁹)
Tusk IV, Vb, VI, VII, IIa	5,000(⁸)(⁹)
Combined quota Vb, VI, VII	1,000(¹⁰)
Dogfish IV, VI, VII	600(¹¹)
Basking shark (liver) IV, VI, VII	100
Porbeagle IV, VI, VII	200
Shrimps IV	100	1,080
Horse mackerel IV	2,000
Others IV, IIa	5,000(¹²)	11,000(¹²)

(¹) Including blue whiting and inextricably mixed horse mackerel.

(²) North of 56°30'N.

(³) West of 12°W.

(⁴) Within a total quota for Norway pout and sandeel, up to 40,000 tonnes may be interchanged. The Parties shall notify each other when the quotas for the individual species have been exhausted.

(⁵) Up to 10,000 tonnes of the quota for Norway pout may be fished in ICES Division VIa, north of 56°30'N. However, this quantity is to be deducted from the quota for sandeel, Norway pout and blue whiting in ICES Sub-area IV.

(⁶) Of which up to 9,000 tonnes of argentine may be fished.

(⁷) Of which up to 40,000 tonnes may be fished in ICES Division IVa.

(⁸) The quotas for blue ling, ling and tusk are interchangeable of up to 2,000 tonnes and may only be fished with long-lines in ICES Division Vb and Sub-areas VI and VII.

(⁹) Of which an incidental catch of other species of 25% per vessel at any moment is permitted in ICES Sub-areas VI and VII. However, this percentage may be exceeded in the first 24 hours following the beginning of the fishing on a specific fishing ground. This total incidental catch of other species in VI and VII may not exceed 3,000 tonnes.

(¹⁰) Fishing with long-lines for grenadiers, rat tails, mora mora and greater fork beard.

(¹¹) Including catches taken with long-lines of grey shark, black shark, bird beak dogfish, leafscale gulper shark, greater lantern shark, smooth lantern shark and Portuguese dogfish.

(¹²) Including fisheries not specifically mentioned, exceptions may be introduced after consultations as appropriate; catches of sole shall be limited to by-catches only.

Vedlegg 6

Tabell 2.4 1999 Quotas to the EC of Norwegian Exclusive Stocks

Species	ICES Area	Quantity (tonnes)
Arcto-Norwegian cod	I, II	19,870
Arcto-Norwegian haddock	I, II	1,700
Saithe	I, II	3,100
Redfish	I, II	2,000(¹)
Greenland halibut	I, II	100
Others (by-catches)	I, II	450

(¹) Should Norway implement a prohibition against a directed fishery for redfish in areas north of 70°N, such a restriction shall also apply to Community vessels fishing under this quota. This provision shall also apply to the redfish quota specified under point 12 of the Agreed Record.

Vedlegg 7

Tabell 2.5 1999 Quotas to Norway of EC Exclusive Stocks (including Greenland waters)

Species	ICES Area	Quantity (tonnes)
Herring	VIa(¹)	2,400(³)
Sprat	IV	19,000
Greenland halibut	IIa, VI(²)	1,055
Shrimp	XIV, Va	2,500
Greenland halibut	NAFO 1	950
	XIV, Va	1,100
Redfish	XIV, Va	1,000(⁴)
Halibut	NAFO 1	200(⁵)
	XIV, Va	200(⁵)
Grenadier	NAFO 1	800
	XIV, Va	320
Capelin	XIV, Va	10,000

(¹) North of 56°30'N.

(²) In area VI with long-lines only.

(³) This allocation will be reviewed in the light of the TAC adopted for this stock.

(⁴) May be fished with pelagic trawls.

(⁵) May only be fished with long-lines.

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