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Item 2 on the agenda is a report from the Deputy Minister for Rural Development, Rhona Brankin, who is popularly known as the fisheries minister. Rhona Brankin is accompanied by officials Derek Feeley, Ben Rolles, Andrew Brown and Stuart McLean. I propose to invite the minister to make a statement to the committee. I will then throw the session open to questions. The minister will now tell us what is going on in fisheries business.
Thank you, convener. I do not know about the description "popularly known".
Thank you very much, minister.
I thank the minister for her opening statement and I welcome her to the committee.
As I said, we recognise that these are tough times for the industry, but it is important that we do not rush into this. I will have initial talks this afternoon with the Scottish Fishermen's Federation. We have said to the federation that we acknowledge that there is a request for a decommissioning scheme. Work is on-going; we have asked the SFF to draw up figures for us and we are examining the possibilities. The meeting with the SFF is an initial meeting to consider where we are now. I am committed to working with the fishermen's organisation to seek a way forward.
I thank the minister for her comments.
Richard Lochhead's first point implied that the Executive has been rather slow off the mark. To respond to that, we have just had the result of the cod recovery plan—the industry fully accepts that, to consider things as a whole, we had to await the outcome of the plan. To have made a statement immediately following the outcome of the December fisheries council would not have been helpful—it is recognised that we needed the full picture. I do not accept any allegation that we have been slow off the mark.
The vote was disappointing, because it went against a number of our arguments on the CFP review. The European Parliament must be consulted, but it has no decision-making powers in relation to fisheries. The Commission is required to take into account its views in formulating its proposals; no doubt it will do so, but equally it will take account of the views that are expressed by member states. That is why we must establish our arguments early and put them at the forefront of the Commission's mind. We have been doing work on the economics and the conservation benefits of the Shetland box, which we will submit to the Commission before the green paper is published.
On Richard Lochhead's suggestion about decommissioning, as I understand it, no decisions have been made. He talked about decommissioning quota but, rather than decommissioning quota, would not it be sensible to put quota from decommissioned boats into community trusts and so on? My problem is with bycatch, when boats are over quota in certain species and must throw them over the side. If quotas were held at harbours or the like, and could be bought by boats landing fish for which they were over quota, that would stop some of the wasteful practices that go on. If that were priced properly, it would encourage people not to catch over quota.
That is exactly the kind of proposal that we need to consider. There are pros and cons, but we have an open mind.
You talked about discussions with Denmark, which are to be welcomed because there is a lot of concern in the industry about industrial fishing. During the February discussions, will you speak to the Danes about fishing in closed areas? I understand that industrial fishing will be allowed to take place in closed areas but that normal cod fishing will not.
As part of the cod recovery plan, there is to be some fishing for sand eels in the closed areas. I see Jamie McGrigor shaking his head, but the science shows that the sand eel fishery is a clean fishery—I can ask one of the officials to explain the details if necessary. Inspections of industrial trawlers were undertaken in 1999 and 2000 and showed that the bycatch from sand eel fishing is often 0 per cent and almost always less than 1 per cent, which is important in terms of the cod recovery plan. Nevertheless, we need to be able to monitor the sand eel fishery closely. That is the advice that we have been given. There will be observers on the boats to monitor the situation and we will keep members in touch with what is happening.
The other thing to bear in mind is that although there is a derogation for sand eels, it applies in only part of the closed area. In the area where the Scottish fleet traditionally fishes, there will be no derogation for sand eels. The sand eel derogation is allowed south of a line drawn at 59 deg north. That was agreed in response to requests made by the Danes during the negotiations. They wanted to fish for sand eels. They say that it will happen only during April and only in their own waters.
Do you agree that the 20mm mesh used for industrial fishing catches everything and that industrial fishing is the only industry in which there have not been significant cuts in quota? Do you think that we should be pushing for really significant cuts in industrial fishing? It is not something that is done a great deal by our own fishing fleet, and it is taking bycatch of very young fish and a lot from the bottom of the food chain. Would you be prepared to fight for further cuts in industrial fishing?
I have already said that we have concerns about industrial fishing from the point of view of the bycatch, which is why we argued strongly for the sea pout industrial fishery not to be allowed in the closed areas. We also share the concern of Scottish fishermen about the sand eel as a feed for other fish. We have already intimated that we are having discussions with the Danes at the end of February. We want to be able to pursue the issue with the Danes and I would like to discuss it with the Danish fisheries minister. I have given an undertaking to the Parliament to do that. As far as the cod recovery plan is concerned, I am satisfied that we have managed to exclude the Norway pout fishery from the closed areas. As Derek Feeley said, the impact on the cod bycatch of the sand eel fishery is very low.
I agree that the Norway pout is the dirtiest of all the industrial fisheries. What pressure are you putting on other countries to introduce technical conservation measures such as square-mesh panels—which our fleet is using—to protect juveniles and future stocks?
All UK boats fishing in Scottish waters are required to use square-mesh panels. There will be further discussions on technical conservation measures in March, which will cover the cod recovery plan. We will share what we have done and will further emphasise the importance of technical measures. We have already been able to demonstrate a gain, in that we have deployed conservation measures to allow other species to continue to be fished. We will deploy those arguments in March. It is an important part of the next phase of the cod recovery plan.
What is happening in the west coast fisheries in relation to the recovery plan?
Members will have seen the relevant map—I have one with me now.
There does not seem to be anything for the west coast.
During the negotiations last week and the week before, we took a conscious decision not to discuss west coast issues. There were two reasons for that. First, it was extremely difficult to agree North sea measures even without the complication of the west of Scotland waters. Secondly, the negotiations have been with Norway—Norway has joint management status with the EU over the North sea, but not over the west of Scotland. It has therefore been agreed that we will have separate discussions on west of Scotland cod stocks. It is hoped that we will get the first round under way in the week commencing 12 February.
As you can imagine, there is a perception that the cod recovery programme will move a lot of effort to the west coast. That is of concern with regard to the cod spawning grounds around Harris and Lewis. There is a large area off the Firth of Clyde that comes under the Irish cod recovery plan. There should be some mention of the west coast, given fishermen's representatives' worries about the future.
It is intended to have a recovery plan for the west of Scotland.
Soon?
As soon as possible. The starting point for the Commission will be to have measures for the west coast similar to those being applied in the North sea. That will mean concentrating on areas in which cod are in relatively high abundance and linking those with spawning areas, to protect the cod while they are spawning. Subsequently, that will be reinforced by technical measures to protect the juvenile fish.
I am concerned about the definition of a closed area. Surely if an area is closed for fishing, it should be closed for industrial fishing, not just because of the bycatch, but because of disturbance in spawning areas and the removal of food. I hope that you will take a strong line on that.
One of the difficulties is that if the closed areas were closed to industrial fishing, they would also have to be closed to pelagic fishermen, which would have a major impact on the pelagic sector. The issue is complex. The important thing is that we have excluded the Norway pout fishery, which was the problematic industrial fishery for the cod spawning ground.
What contact do you have with Elliot Morley to progress the agenda?
I meet Elliot Morley regularly and keep in touch with him by phone. Every time we meet, the square-mesh panel issue is raised along with many others. Officials from the Scottish Executive have played a leading role in developing the cod recovery plan, as they have done at the fisheries council.
Has the minister written to the UK minister, expressing the Parliament's anger and concern? Our industry wants other nations to adopt a 90mm square-mesh panel, but we cannot ask them to undertake to do that if they can turn round and say, "Part of your member state has not done it, so why should we?"
Richard is asking whether you have anything in writing from Westminster.
I do not know what the most recent information that Derek Feeley received was, but I understand that we will receive what you ask for in the next couple of weeks. I assure you that the matter has been raised time and time again. Elliot Morley is fully aware of our concerns and the concerns of the Parliament.
The matter was raised by the minister when she spoke to Elliot Morley before the cod recovery plan got under way and I have raised the issue several times with my opposite number at Westminster. The Scottish fishing industry raises it with ministers from the Ministry of Agriculture, Fisheries and Food every time it meets them, and MAFF is well aware of our anxiety for the measures to be put in place.
Should not the minister write a stroppy letter to the UK minister to get the matter on the record and ensure that the situation is not repeated?
There are many ways of making one's point forcibly. I assure the committee that Mr Morley is in no doubt about the feelings of the Parliament, the committee and myself on the matter.
The focus has been on the North sea. I would like us to turn to the west coast and pursue the revelation that Mr Feeley has made this afternoon. Does the minister agree that there was no justification for the substantial reduction in prawn quotas off the west coast?
We followed scientific advice on the nephrops quota. As I said, we can use retrospective data on the nephrops fishery. We have found that there is a discrepancy in how much cod bycatch there is in that fishery. As I have said before—probably at this committee—there is a disparity between parts of that fishery. For example, creel fishery produces no cod bycatch, whereas there is a significant cod bycatch from Fladden bank. We are arguing forcibly for an increase in the nephrops quota; that work is on-going. It is important that we have secured an agreement to use existing information and retrospective data. We will issue proposals as early as possible in the spring.
We all accept that it is the aim of the Executive and the industry to roll over the nephrops quota, so that it will be the same this year as last year. However, has enough work been done to obtain the logbook data to make that case to the European Commission? What further work must be done before the Commission can be asked to roll over the quota?
We have all the logbook data we need. We must now refine them and put them into a form that will be acceptable to the Commission. It is important that we have a coherent set of arguments to present to the Commission, as we will get only one chance to put our case and we must ensure that it is as strong as possible.
I was reassured by the first part of that answer, because you seem to have the data that you need, although I presume that you will consult the Mallaig and North West Fishermen's Association. However, you say that the proposal will not be put to the Commission until the spring. Given the importance of the matter, can you tell us the earliest date on which a substantial, well documented proposal could be produced?
I said that we have all the data about landings into Scotland, which are the data that we collect. However, that is not the whole story with regard to landings of nephrops from ICES area 6—it is the vast bulk of the story, but not the whole story. To get a complete picture, we require data on the combined catches of nephrops and cod that fishermen from other parts of the UK, and possibly from other member states, have landed. We are actively pursuing that information and will pull the data together as quickly as we can. I cannot give a precise date for the availability of that information. You may have thought that I was being evasive by saying that it will be available in the spring.
I did not use the word evasive and I would not make that charge. We all want to pin down the information, because we all seek the same aim. I am partly reassured by your answer, Mr Feeley.
I do not have that information with me.
Perhaps you could obtain it.
It is available to us and I could obtain it.
We could let the committee have that information. We need to consider the possible impact of the closures on the west coast industry.
Does not that re-emphasise the case for a temporary tie-up of boats in the affected areas?
We do not think that tie-ups are the way forward.
I believe that the Catalan fleet is presently laid up at European expense. Is that wrong?
I would not like to comment because I do not know the detail of what the Catalans are doing.
The Mallaig and North West Fishermen's Association is also concerned about a matter that I raised on 18 January. The industry has been promised sight of a draft statutory instrument that will introduce scallop technical measures. The association has been told that the draft instrument was held up first by the Scottish Executive legal department and is now being held up by MAFF. In the debate on 18 January, I asked what the current position was and when the delay would end and progress would be made. Could you answer those questions this afternoon?
I will address your point about vessels that are registered in north-east ports fishing against west of Scotland quotas. They have always done so, so there is no difference. They will be limited in the extent to which they can do so by the fact that the west of Scotland whitefish quotas are much reduced. We are aware of the risk of displacement but we believe that it is not as severe as one might imagine.
I am pleased that those who have banned the French dredge have saved the blushes of the parliamentary draftsmen in MAFF.
Given that we are at the early stage of considering the impact of decommissioning, we could not be expected to include it as a definite commitment in the programme for government. I repeat that I am having talks with the fishermen, as I undertook to do following the outcome of negotiations on the cod recovery plan. I will meet the fishermen this afternoon and we will make a start on that process. It is unreasonable to expect a commitment on that in the programme for government at such an early stage in the process.
I am delighted to hear that although decommissioning has not been ruled in in the programme for government, it has not been ruled out—it may have been included in invisible ink. I am assured that any effective decommissioning scheme must be carefully considered. Indeed, Richard Lochhead presaged that in his question.
Fergus, you can ask me that until you are blue in the face, but I cannot back any particular plan at this stage. We do not have a particular plan on the table. I can only reiterate that we have asked the fishermen's organisations to present ideas supported by details and statistics, and we will do so ourselves. We are holding an initial meeting this afternoon and we will continue to work with those organisations to ensure that we have a long-term, viable fishing industry.
I am aware that the minister wants to get away because she has a meeting with fishermen's leaders today. Are there any more questions?
Will the minister propose total allowable catches for the deep water species that do not have them, so that we will avoid overfishing of those species if they are affected by diversion?
As Mr McGrigor knows, that issue will come up again next year and discussions will be held this year.
Is that thinking ahead towards—
Thinking is going on. TACs are not necessarily the only option, although clearly we have to consider protecting the deep water species. We know very little about those species and at the December council we were very concerned that no hurried decisions should be made. That is why the issue has been put back—so that we can continue to discuss it.
Mr Feeley said that it was decided not to discuss the plan for the west coast. Who decided that?
There was a discussion among member states in Brussels last week. I gave the views of the Scottish industry leaders—who were present—on the best approach. There was agreement among the member states, and between the Executive and the industry, that the best course of action was to set consideration of the west of Scotland to one side until the North sea discussions had been concluded and then, as I said earlier, to pick it up as a matter of some urgency.
Was it considered that that course of action would probably cause a diversion on to the stocks of another area?
We recognised that risk, but we thought that discussions that were targeted at the needs of the west of Scotland were likely to be more beneficial than having what is, after all, a much larger fishery in the North sea dominating the discussions of what should happen in the west of Scotland. The risk was that the prescription for the North sea would not necessarily be the best for the west of Scotland.
I thank the minister for coming along once again. I also thank her officials.