6 Incidental catches of dolphins and
porpoises
| (24788)
11838/03
COM(03)451
| Draft Council Regulation laying down measures concerning incidental catches of cetaceans in fisheries and amending Regulation (EC) No.88/98.
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| Legal base | Article 37EC; consultation; QMV
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| Document originated | 24 July 2003
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| Deposited in Parliament | 30 July 2003
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| Department | Environment, Food and Rural Affairs
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| Basis of consideration | EM of 15 September 2003
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| Previous Committee Report | None
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| To be discussed in Council | No date set
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| Committee's assessment | Politically important
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| Committee's decision | Not cleared; further information awaited
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Background
6.1 Small cetaceans (dolphins and harbour porpoises) are a protected
species under the Community's Habitats Directive (92/43/EEC),[23]
which requires Member States to undertake surveillance of their
conservation status, and — given the major threat posed
to them - to monitor their incidental capture during fishing activities.
At the same time, the Council has adopted measures to limit the
use of drift nets, which have been found to be a particular problem.
However, having sought further scientific advice from the International
Council for the Exploration of the Sea (ICES), the Commission
has concluded that the measures taken so far are insufficient,
and, although it says that scientists consider that a reduction
in cetacean by-catches can be addressed primarily through an overall
reduction in fishing effort, it believes that more specific measures
are also needed.
The current proposal
6.2 Those measures are set out in the current document, and involve
three main areas of action:
- First, although the use of drift nets has already been severely
restricted in most Community waters, these restrictions do not
apply in the Baltic Sea. Since the Commission says that the only
cetacean captured in drift nets in that area (the harbour porpoise)
is the most endangered of the species in Europe, it is proposing
that a general length limitation of 2.5 kilometres should immediately
be applied to drift nets in the Baltic, and that their use there
should then be progressively phased out, leading to a complete
prohibition as from 1 January 2007.
- Secondly, the Commission says that the evidence
from gill-net fisheries around the world is that acoustic deterrent
devices ("pingers") have reduced by-catches of small
cetaceans, and it is now proposing that their use should be mandatory
in all those fisheries which could produce a significant by-catch.
The Commission says that this is particularly valid for those
fisheries using bottom-set gill-nets in areas where harbour porpoises
are found — in particular, the North Sea, English Channel,
and the Celtic shelf — and that, given also the significant
contribution which small vessels with such nets make to the total
fishing effort in those areas, pingers should be deployed on all
vessels, independently of their size or the total length of nets
used. However, the Commission also says that, in view of concerns
that there has been insufficient research into the possible disadvantages
of pingers, this large-scale use should be carefully monitored.
- Thirdly, the Commission says that, although these
measures can be seen as a first, short-term step towards addressing
the by-catch problem, it is conscious of the need to develop wider
and more strategic measures. However, it recognises that this
requires greater knowledge, acquired through appropriate monitoring
of fishing activities coupled with improved assessments of cetacean
populations. It is therefore proposing that Member States should
set up, as a matter of priority, on-board observer schemes, covering
5 to 10% of total effort, to monitor the situation in a number
of "high risk" fisheries where pelagic trawls or gillnets
are used, including those adjacent to the UK in the North Sea,
west of Scotland, English Channel and western approaches.
The Government's view
6.3 In his Explanatory Memorandum of 15 September
2003, the Parliamentary Under-Secretary of State (Commons) at
the Department for Environment, Food and Rural Affairs (Mr Ben
Bradshaw) says that the Government has been concerned for some
time about the number of small cetaceans injured and killed in
fishing nets, and has been committed to making progress in reducing
by-catch levels. It therefore welcomes these proposals, which
he says are broadly in line with the thinking set out in the UK's
own by-catch response strategy. However, although the phasing
out of drift nets in the Baltic will not affect UK vessels, the
compulsory use of pingers in the gill-net fisheries will have
an impact, and the Minister highlights the fact that some aspects
of the proposals, such as the use of these devices in parts of
the Channel, go beyond the UK strategy, and will thus need careful
consideration. He also points out that enforcement measures,
including the use of on-board observers, would be likely to add
to the Government's costs, though the likely increase has not
yet been calculated.
6.4 The Minister also says that a full Regulatory
Impact Assessment will be prepared in November, based on responses
to the Government's current consultation exercise with interested
parties.
Conclusion
6.5 Whilst measures to protect dolphins and porpoises
are clearly desirable in principle, we think it wise to await
the Regulatory Impact Assessment and the outcome of the Government's
consultations before producing a definitive Report on this proposal.
In particular, we would welcome the Government's comments on
suggestions from within the industry that pair trawling is the
major source of the problem in those areas where acoustic devices
would have to be fitted to gill nets. In the meantime, we are
continuing to hold the document under scrutiny.
23 OJ No. L.206, 22.7.92, p.7. Back
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