Linking the law to biological reference points used in scientific advice when setting Total Allowable Catches (TACs)

The document clarifies the relationship between the EU's Common Fisheries Policy (CFP) and the scientific reference points used by the International Council for the Exploration of the Sea (ICES) to set Total Allowable Catches (TACs). It distinguishes between different biological indicators—fishing mortality (F) and spawning stock biomass (SSB)—and explains how MSY, precautionary (PA), and limit reference points define the health and sustainability of fish stocks. The briefing argues that setting TACs based only on precautionary reference points (Fpa and Bpa) is insufficient to meet the CFP's legal obligation to maintain stocks at levels capable of producing Maximum Sustainable Yield (MSY).

• The EU's Common Fisheries Policy (CFP) mandates that the exploitation of living marine biological resources must restore and maintain populations above levels capable of producing the maximum sustainable yield (MSY), with the MSY exploitation rate to be achieved by 2020 for all stocks.
• ICES uses two primary biological indicators to assess fish stocks: fishing mortality (F), which measures fishing pressure, and spawning stock biomass (SSB or B), which refers to adult fish contributing to reproduction.
• ICES employs different sets of reference points to categorize stock health: 'limit' reference points (Flim and Blim) mark critical boundaries where reproduction is impaired and collapse is possible; 'precautionary' (PA) reference points (Fpa and Bpa) mark 'safe biological limits'; and MSY reference points (FMSY and BMSY) identify the levels expected to deliver the maximum sustainable yield.
• Because BMSY is not yet known for most stocks, ICES uses 'MSY Btrigger' as a key reference point; if a stock falls below this level, ICES adopts a more cautious approach to reduce fishing mortality and allow the stock to rebuild.
• The CFP's MSY objective translates specifically to maintaining stocks above BMSY (or MSY Btrigger in its absence) and keeping fishing mortality at or below the FMSY point value.
• There is a critical legal distinction between the 'ICES precautionary approach' (used when data is too limited for MSY-based advice) and the 'PA reference points' (Fpa and Bpa); setting TACs based solely on PA reference points only prevents collapse and fails to meet the CFP's binding obligation to restore stocks to MSY levels.

APA

Grossmann, J. (2020). Linking the law to biological reference points used in scientific advice when setting Total Allowable Catches (TACs). ClientEarth. https://www.clientearth.org/media/fseevlzt/linking-the-law-to-biological-reference-points-used-in-scientific-advice-when-setting-total-allowable-catches-tacs.pdf

Chicago

Grossmann, Jenni. Linking the law to biological reference points used in scientific advice when setting Total Allowable Catches (TACs). ClientEarth, 2020. https://www.clientearth.org/media/fseevlzt/linking-the-law-to-biological-reference-points-used-in-scientific-advice-when-setting-total-allowable-catches-tacs.pdf.

Wikipedia

{{cite report |last1=Grossmann |first1=Jenni |title=Linking the law to biological reference points used in scientific advice when setting Total Allowable Catches (TACs) |publisher=ClientEarth |date=December 2020 |url=https://www.clientearth.org/media/fseevlzt/linking-the-law-to-biological-reference-points-used-in-scientific-advice-when-setting-total-allowable-catches-tacs.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{grossmann2020linking, author = {Grossmann, Jenni}, title = {{Linking the law to biological reference points used in scientific advice when setting Total Allowable Catches (TACs)}}, institution = {ClientEarth}, year = {2020}, month = dec, url = {https://www.clientearth.org/media/fseevlzt/linking-the-law-to-biological-reference-points-used-in-scientific-advice-when-setting-total-allowable-catches-tacs.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }