Explanatory Memorandum to COM(2011)470 - Multiannual plan for the Baltic salmon stock and the fisheries exploiting that stock

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Context of the proposal

- Grounds for and objectives of the proposal

Scientific advice from the International Council for the Exploration of the Sea (ICES) has stated that some of the 30 wild salmon rivers' stocks comprising the Baltic salmon stock are outside safe biological limits and with the risk of genetic depletion. A non-binding management plan established by the International Baltic Sea Fisheries Commission in 1997 expired in 2010 and without a new plan the future management of the stock will be left without objectives and without predictability for fishermen and tourism enterprises. Member States, the BSRAC and stakeholders have therefore repeatedly asked the European Commission to come up with a proposal for a new management system.

The objective of the proposal is to establish a multiannual plan for the management of the fisheries on the salmon stocks in the Baltic Sea to ensure that the conservation status of the entire Baltic stock, i.e. including all salmon rivers' stocks, is favourable and provide for sustainable exploitation. The specific objectives of the initiative shall be to ensure that:

a) the Baltic salmon stock is exploited in a sustainable way according to the principle of maximum sustainable yield;

b) the genetic integrity and diversity of the Baltic salmon stock is safeguarded.

- General context

- The current management of the Baltic salmon stock include setting of TAC on an annual basis and technical conservation measures such as closed seasons and minimum landing size. The driftnet ban which is in place for the protection of Baltic harbour porpoise has also limited salmon fishing effort in the main basin. Salmon is a species of EU interest, as defined by the Habitat Directive i and its inland habitat is protected by the Water Framework Directive i. In addition, the Baltic Marine Environment Protection Commission (HELCOM),[3] has defined some objectives for the species which is covered by the HELCOM Baltic Sea Action plan i.

- In accordance with the overall ambition of the CFP on the conservation of fisheries resources and with specific regards to Articles 5 and 6 of Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (Basic Regulation) which requests the development of multiannual plans, the main elements of the plan are:

- Objectives, and targets (reach 75% of potential smolt production in each wild salmon river within ten years after the entry into force of this regulation);

- TAC based on constant fishing mortality rate of 0.1 The TAC will only cover marine fisheries but will include masters of non-fishing vessels offering services for recreational fisheries;

- Obligation for Member States to define and implement technical conservation measures such as closed areas and seasons to protect migrating spawners in their coastal waters not later than 24 months from the entry into force of the plan;

- A phasing out of release of salmon in rivers with man made obstacles and without potential for re-establishment of self sustaining wild salmon populations in order to protect the genetic diversity of the wild stocks;

- Financial assistance from the EFF for direct restocking of rivers with potential for self-sustaining wild salmon populations as a conservation measure for the wild salmon stock.

- Existing EU provisions in the area of the proposal

The Basic Regulation sets the general framework for the CFP and identifies the situations in which the Council shall adopt multiannual plans.

- It has to be noted that in the context of the upcoming reform of the CFP some provisions of this draft proposal are subject to future changes.

Council Regulation (EC) No 2187/05 of 21 December 2005 outlining technical conservation measures in the Baltic Sea, i.e. minimum landing size and closed seasons for salmon fisheries.

The annual Council Regulation fixing the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in the Baltic Sea sets the TAC levels for salmon (for instance for 2011 Council Regulation (EU) No 1124/2010 of 29 November 2010 fixing for 2011 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea).

Council Regulation (EC) 1224/2009 establishing an EU control system for fisheries sets the general control requirement for fisheries but also specific requirements for multiannual plans.

- Consistency with the other policies and objectives of the Union

The proposal's objectives are consistent with the European Union's environmental policy, especially the objectives of the Habitat Directive, the Water Framework Directive and the Marine Strategy Framework Directive.

3.

Consultation of interested parties and impact assessment


Consultation methods, main sectors targeted and general profile of respondents

Since salmon is a species of wide interest, not only for commercial fishermen but also for recreational fishermen, tourist companies and river interest groups, the consultation process has tried to target all interest groups. An open consultation paper translated to all Baltic languages has been launched online. Fisheries and environmental administrations from the Baltic Sea Member States and key stakeholders have also participated in a consultation meeting on 28 April 2009 in Brussels. An Impact Assessment Steering Group (IASG) has been created and included representatives from 6 General Directorates, namely DG ENV, DG EMPL, DG REGIO, DG ECFIN, DG TRADE and the Secretariat-General.

4.

Scientific/expertise domains concerned


The proposal is based on scientific advice from ICES for the environmental parameters i, the Finnish Game and Fisheries Research Institute for the social and economic assessments i and assessments and advice from the Scientific, Technical and Economic Committee for Fisheries (STECF) i.

5.

Summary of responses and how they have been taken into account


A summary of the scientific advice and consultations can be found in the Impact Assessment report accompanying this proposal.

6.

Means used to make the expert advice publicly available


All advices and contributions to the consultation process can be found on DG MARE website: ec.europa.eu/fisheries/cfp/governance

- Impact assessment

If well implemented and in combination with the implementation of environmental legal obligations for inland waters, the proposed measures will achieve the following objective:

7.

a) for the Baltic salmon stock


- Rebuilding all wild Baltic salmon rivers' stocks to safe biological limits and favourable conservation statues by limiting the fishing pressure on weak salmon river stocks.

- Re-establishing self-sustaining salmon populations in rivers with extirpated or very weak populations which would lead to higher overall wild salmon production.

- Safeguarding the genetic diversity of wild salmon as stocking of reared salmon with potential negative genetic effect will be substantially decreased.

8.

b) for the commercial catching sector


- Predictability of fishing opportunities as a result of clear harvest control rules.

- Increased production of wild salmon and recovery of all wild rivers stocks which will in the long term give increased fishing opportunities.

9.

c) for the recreational catching sector


- Increased production of wild salmon and recovery of all wild rivers stocks which will in the long term give increased fishing opportunities.

10.

d) for the tourism sector


- Potential to grow due to increased fishing opportunities of wild salmon both at sea and in rivers.

1.

Legal elements of the proposal



- Legal basis

The legal basis for this proposal is Article 43 i of the Treaty on the functioning of the European Union i.

- Subsidiarity principle

In accordance with Art 3(1)(d) of the Treaty on the Functioning of the European Union (TFEU), the proposal falls under the exclusive competence of the European Union. Even though Baltic salmon is an anadromous species it is to be qualified as marine biological resources'' within the meaning of Article 3 (1)(d) TFEU. It is in the spirit of this provision to ensure effective conservation of marine species throughout their whole migratory cycle. The subsidiarity principle therefore does not apply.

- Proportionality

The proposed measures comply with the proportionality principle as they do not exceed what is necessary to achieve the objective of conservation of the Baltic Salmon stock under the CFP and are suitable to ensure long-term sustainability of this fishery.

2.

Budgetary implication



There are no new budgetary implications.

11.

Additional information


- Review/revision/sunset clause

The proposal includes a review and revision clause.