Agriculture & Fishing

Fishing discards 2026: species limits and sanctions for the Spanish fleet

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Equipo Editorial CambiosLegales
24 Apr 2026 6 min 9 views

Key data

RegulationResolution of 21 April 2026, from the General Secretariat of Fisheries
BOE Publication24 April 2026
Entry into force21 April 2026
Affected partiesShipowners, skippers and companies in the Spanish fishing sector subject to the landing obligation
CategoryAgriculture and Fisheries
Year2026
BOE ReferenceBOE-A-2026-9028
MechanismDe minimis exception to the landing obligation
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If your company operates in the Spanish fishing sector, this resolution defines exactly what you can return to the sea and in what quantity during 2026. It is not a recommendation: it is a legal limit whose non-compliance has direct consequences on your activity.

The Resolution of 21 April 2026 from the General Secretariat of Fisheries publishes the official list of species and their maximum discardable quantities through the de minimis exception. This list is the legal reference for the entire Spanish fleet during the current year.

What does this regulation establish?

The landing obligation, established within the framework of the Common Fisheries Policy, requires fishing vessels to bring to port all catches of species subject to quotas, rather than returning them to the sea. However, this obligation has a safety valve: the de minimis exception.

This exception allows certain species to be discarded at sea when their capture is disproportionately costly or dangerous. It is not an open permit: each year, the General Secretariat of Fisheries publishes the specific list of species and the maximum quantities that can benefit from this exception.

For 2026, that list is fixed in the resolution published on 24 April. The limits are binding and immediately applicable to the entire Spanish fleet subject to the landing obligation. Operating outside those limits is equivalent to breaching fishing regulations, regardless of the operational circumstances of the vessel.

The resolution does not modify the general framework of the de minimis exception, but rather updates the quantitative limits by species annually, as required by European Common Fisheries Policy regulations.

Economic and operational impact

The impact of this resolution is fundamentally operational, but with direct economic consequences if not managed correctly.

  • Risk of serious violation: Exceeding the maximum discard quantities established may result in serious administrative violations under Spanish fishing regulations. This implies potential economic sanctions and, depending on severity, restrictions on activity.
  • Catch planning: Shipowners and skippers must integrate these limits into the operational planning of each fishing trip, especially in fishing grounds where accidental capture of species included in the list is frequent.
  • On-board documentation: Operating within de minimis limits requires maintaining an adequate record of discarded quantities by species, to be able to prove compliance during an inspection.
  • Impact on profitability: The obligation to land catches exceeding de minimis limits may imply additional costs for handling, storage and marketing of low commercial value species.

Who does it affect?

This resolution is directly applicable to all operators of the Spanish fishing fleet subject to the landing obligation:

  • Shipowners of Spanish fishing vessels operating in fishing grounds where species included in the list are caught.
  • Skippers responsible for fishing operations on board, who must know and apply the limits during each fishing trip.
  • Fishing companies with their own fleet or under management that must report catches and discards to the fishing authority.
  • Advisors and managers of fishing sector companies that must incorporate these limits into activity plans and regulatory compliance procedures.

Practical example

A skipper operating in the North Atlantic accidentally catches a species included in the de minimis list for 2026. If the quantity caught of that species is below the maximum limit set in the resolution, he can return it to the sea without incurring a violation: the de minimis exception protects him.

However, if in that same fishing trip the quantity caught of that species exceeds the maximum limit established for 2026, the exception no longer applies. The excess must be landed at port. If the skipper decides to discard it at sea anyway, the vessel incurs a serious administrative violation, with the resulting sanctions that this entails.

This scenario is especially relevant in mixed fisheries, where accidental capture of non-target species is difficult to control with precision. Knowing the exact limits by species—published in the resolution—is the only way to manage this risk correctly.

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What should companies do now?

  1. Download and review the official list: Access the full text of the Resolution of 21 April 2026 on the BOE and identify the species and maximum quantities that apply to your fleet and usual fishing grounds.
  2. Communicate the limits to skippers: Ensure that those responsible for each vessel know the specific caps by species before the next fishing trip. Lack of knowledge does not exempt from responsibility.
  3. Update on-board recording procedures: Verify that the catch and discard recording system allows you to document with precision the quantities discarded by species, to prove compliance during a possible inspection.
  4. Review the fishing activity plan: If your fleet operates in fishing grounds with high presence of species included in the list, evaluate whether the 2026 de minimis limits represent any change from the previous year and adjust operational planning.
  5. Consult with a specialist advisor in fishing regulations: If you have doubts about whether your activity falls within the limits or how to document discards, seek advice before a violation occurs, not after.

Frequently asked questions

What species can be discarded at sea in 2026 and in what quantity?

The Resolution of 21 April 2026 from the General Secretariat of Fisheries publishes the official list of species and their maximum discardable quantities through the de minimis exception. The specific limits by species are contained in the text of the resolution published in the BOE on 24 April 2026 (BOE-A-2026-9028). Consult the official document to know the exact caps for each species.

What is the de minimis exception in fishing and when can it be applied?

The de minimis exception allows not applying the landing obligation when catching certain species is disproportionately costly or dangerous. It is provided for in European Common Fisheries Policy regulations and can only be applied within the maximum quantity limits set each year by the General Secretariat of Fisheries. For 2026, those limits are published in the Resolution of 21 April 2026.

What sanctions are there for exceeding discard limits in 2026?

According to the resolution, exceeding the maximum discard quantities established may result in serious administrative violations. The resolution does not detail specific fine amounts, but non-compliance with the landing obligation is classified as a serious violation under Spanish fishing regulations.

When does the list of discard limits for 2026 come into force?

The Resolution of 21 April 2026 entered into force on 21 April 2026 and is immediately applicable to all Spanish fishing fleet operators subject to the landing obligation.



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