Considerations on COM(2011)470 - Multiannual plan for the Baltic salmon stock and the fisheries exploiting that stock - Main contents
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| dossier | COM(2011)470 - Multiannual plan for the Baltic salmon stock and the fisheries exploiting that stock. |
|---|---|
| document | COM(2011)470  |
| date | August 12, 2011 |
2. Recent scientific advice from the International Council for the Exploration of the Sea (ICES) and the Scientific, Technical and Economic Committee on Fisheries (STECF) state that some Baltic salmon river stocks are outside safe biological limits and that a multiannual plan should be developed at European level.
3. In accordance with Article 3(1)(d) of the Treaty on the Functioning of the European Union, the Union has the exclusive competence for the conservation of marine biological resources. Since salmon is an anadromous species, conservation of the marine Baltic salmon stocks cannot be achieved in the absence of measures being taken to protect such stocks during their river life. Therefore, such measures are also covered by the exclusive competence of the Union to ensure effective conservation of marine species throughout their whole migratory cycle and should be addressed in the multiannual plan.
4. Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora[11], lists salmon as a species of European Union interest and measures taken pursuant to this Directive should be designed to ensure that their exploitation is compatible with a favourable conservation status. There is hence a need to ensure that measures to protect salmon taken under this Regulation are consistent and coordinated with those taken under the mentioned directive.
5. Directive 2000/60/EC establishing a framework for EU action in the field of water policy[12], is intended to protect, conserve and enhance the aquatic environment where salmon spend part of their life cycle. The multiannual plan for Baltic salmon stock should contribute to the achievement of the objectives of Directive 2000/60/EC. Measures already requested for in this Directive, such as river basin management plans, should not be duplicated in this Regulation but there is a need to ensure coordination and consistency between measures taken under this Regulation and those under the mentioned Directive for the protection and enhancement of salmon habitats in inland waters.
6. The Implementation Plan agreed by the World Summit on Sustainable Development at Johannesburg in 2002 states that all commercial stocks should be restored to levels that can produce maximum sustainable yield by 2015. ICES deems that for the Baltic salmon river stocks this level corresponds to a smolt production level between 60% and 75 % of the potential smolt production capacity for the different wild salmon rivers. Such scientific advice should constitute the basis for setting the objectives and targets of the multiannual plan.
7. Scientific advice indicates that genetic pollution of the Baltic salmon stocks may result in the decline of the survival rate and abundance of indigenous populations an in the erosion of the genetic capability to face diseases and changing local environmental conditions. Therefore preserving the genetic integrity and diversity of the Baltic salmon stocks pays a crucial role in their conservation and should be included as an objective of the multiannual plan.
8. The fishing mortality rate at sea and in rivers should result in a wild salmon stock size that produces the maximum sustainable yield in accordance with the set targets and timeframes. The fishing mortality rate at sea should be established based on STECF advice.
9. For a more effective implementation of the plan and in order to allow for a more targeted response to specificities of each salmon river stock, Member States concerned should be empowered to determine the level of salmon fishing mortality rate, the TAC and certain technical conservation measures in their rivers in accordance with Article 2(1) of the TFEU.
10. When adopting measures in the framework of this Regulation, Member States should fully respect their international obligations, in particular those deriving from Article 66 of United Nations Convention of 10 December 1982 on the Law of the Sea [13] which requires inter alia that the state of origin of anadromous stocks and other states concerned should cooperate with regard to conservation and management of these stocks.
11. Provisions should be made for the periodical assessment by the Commission of the adequacy and effectiveness of Member States measures on the basis of the targets and objectives set out in the multiannual plan.
12. Scientific advice states that stocking procedures may have significant implications on the genetic diversity of the Baltic salmon stock and that there is a risk that the large number of reared fish released to the Baltic Sea every year is affecting the genetic integrity of the wild salmon and should be phased out. Therefore the condition of releases should be established in this multiannual plan.
13. The direct restocking of potential salmon rivers is considered under specific conditions to be a conservation measure as it will have a positive effect on the overall number of salmon and the fishery, since it can re-establish self-sustaining salmon populations. Provisions should be made to explicitly allow direct restocking which fulfils these conditions to be eligible for funding in accordance with Article 38(2) of Regulation (EC) No 1198/2006 on the European Fisheries Fund[14].
14. However, since releases of salmon may be at present mandatory in certain Member States and in order to give Member States time to adjust to these requirements, releases of salmon other than stocking and direct restocking should remain allowed during a transitional period of seven years following the entry into force of this Regulation.
15. With a view to ensuring compliance with the measures laid down in this Regulation, specific control measures should be adopted in addition to those provided for in Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy[15].
16. A substantial part of the coastal vessels fishing for salmon are below 10 m in length. For this reason the use of fishing logbook as requested by Article 14 and prior notification as requested by Article 17 of Regulation (EC) 1224/2009 should be extended to cover all vessels.
17. To ensure that salmon catches are not misreported as sea trout and hence escape proper control, it is necessary to extend the obligation to submit prior notifications in accordance with Article 17 of Regulation (EC) 1224/2009 also to all vessels retaining on board sea trout.
18. To provide better and more scientific data on the salmon stock electrofishing should be permitted.
19. Recent scientific advice indicates that recreational salmon fisheries at sea have a significant impact on the salmon stocks, even though the data quality in this regard is not at a high precision level. In particular, recreational fisheries carried out from vessels operated by undertakings offering their services for profit can potentially account for an important part of catches of Baltic salmon. Hence, it is appropriate for the functioning of the multiannual plan to introduce certain specific management measures to control such activities.
20. In order to achieve in an efficient way the targets set in this Regulation and be able to react swiftly to changes in stock conditions, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of certain non-essential elements of this Regulation as provided for in its Articles 6, 7, 11 and 25. Those powers should include the possibility to amend the fishing mortality rate at sea, to amend the list of wild salmon rivers and certain technical information contained in the Annexes to this Regulation and to adopt measures for the Baltic river stocks, where Member States measures under the empowerment mentioned in recital 9 are not adopted or are considered ineffective.
21. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
22. In order to ensure uniform conditions for the implementation of the provisions on stocking of salmon established in Article 12 of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers[16].