APPENDIX 1
Proposal for a
COUNCIL REGULATION
laying down measures concerning incidental
catches of cetaceans in fisheries and amending Regulation (EC)
No 88/98
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
and in particular Article 37 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament,
Whereas:
(1) The objective of the Common Fisheries Policy, as defined
in Article 2 of Council Regulation (EC) No 2371/2002 [1],
is to ensure exploitation of living aquatic resources that provides
sustainable economic, environmental and social conditions. To
this end, the Community shall, among other things, minimise the
impact of fishing activities on marine ecosystems, and the Common
Fisheries Policy shall be consistent with other Community policies,
in particular with environmental policy.
(2) Council Directive No 92/43/EEC on the conservation
of natural habitats and of wild fauna and flora [2]
gives strict protection status to cetaceans and requires Member
States to undertake surveillance of the conservation status of
these species. Member States shall also establish a system to
monitor the incidental capture and killing of these species, to
take further research and conservation measures as required to
ensure that incidental capture or killing does not have a significant
impact on the species concerned.
(3) The scientific information available and the techniques
developed to reduce incidental capture and killing of cetaceans
in fisheries justify additional measures being taken to further
the conservation of small cetaceans in a consistent and cooperative
manner at Community level.
(4) Some acoustic devices have been developed to deter cetaceans
from fishing gear, and have proven successful in reducing by-catch
of cetacean species in static net fisheries. The use of such devices
should therefore be required in areas and fisheries with known
or foreseeable high levels of by-catch of small cetaceans, and
taking into account the cost/efficiency of such requirement.
It is also necessary to establish the technical specifications
for the efficiency of the acoustic deterrent devices to be used
in such fisheries. Scientific studies or pilot projects are
needed to increase knowledge about the effects over time of the
use of acoustic deterrent devices.
(5) Scientific and technical research, in particular on new
forms of active deterrent devices, should not be hindered by this
Regulation. While Member States should, therefore, be allowed,
for the purpose of this Regulation, to authorise the use of newly
developed and efficient types of acoustic deterrent devices not
in conformity with the technical specifications laid down in this
Regulation on a temporary basis, it is also necessary to provide
for technical specifications of acoustic deterrent devices to
be brought up to date as soon as possible in accordance with Council
Decision No 1999/468/EC laying down the procedures for the
exercise of implementing powers conferred on the Commission [3].
(6) Independent observations of fishing activities are essential
to provide reliable estimates of the incidental catch of cetaceans
[
]. It is therefore necessary for monitoring schemes with
independent on-board observers to be set up and for the designation
of the fisheries where such monitoring should be given priority
to be coordinated. In order to provide representative data on
the fisheries concerned, the Member States should design and implement
appropriate monitoring programmes for vessels flying their flag
engaged in these fisheries. For small-sized fishing vessels less
than 15 m overall length, which usually are unable to allow
an additional person permanently on board as an observer, data
on incidental catches of cetaceans should be collected through
scientific studies or pilot projects. Common monitoring and
reporting tasks also need to be set.
(7) To enable regular evaluation at Community level and thorough
assessment in the medium term to take place, the Member States
should report annually on the use of pingers and the implementation
of the on-board observer programmes and include all information
collected on the incidental capture and killing of cetaceans in
fisheries.
(8) The risk created by driftnet fishing to the critically
endangered population of harbour porpoise in the Baltic Sea area
requires the use of driftnets in this area to be stopped. [
]
Community vessels which fish with driftnets in this area will
be subject to economic and technical constraints necessitating
a phasing-out period before a total ban on this gear by 1 January
2008. Council Regulation (EC) No 88/98 laying down technical measures
for the conservation of fishery resources in the waters of the
Baltic Sea, the Belts and the Sound [4]
should be amended to incorporate these measures,
HAS ADOPTED THIS REGULATION:
Article 1
Subject Matter
This Regulation lays down measures aimed at mitigating incidental
catches of cetaceans by fishing vessels in the areas indicated
in Annexes I and III.
Article 2
Use of acoustic deterrent devices
1. Without prejudice to other Community provisions, it shall
be prohibited for vessels of 12 m or over in overall length to
use the fishing gear defined in Annex I in the areas, for the
periods, and as from the dates indicated therein without the simultaneous
use of active acoustic deterrent devices.
2. The masters of the Community fishing vessels shall ensure
that the acoustic deterrent devices are fully operational when
setting the gear.
3. By way of derogation, paragraph 1 shall not apply to fishing
operations conducted solely for the purpose of scientific investigation
which are carried out with the authorisation and under the authority
of the Member States or Member States concerned and which aim
at developing new technical measures to reduce the incidental
capture or killing of cetaceans.
4. Member States shall take necessary steps to monitor and
assess, by means of scientific studies or pilot projects, the
effects of pinger use over time in the fisheries and areas concerned.
Article 3
Technical specifications of acoustic devices and conditions
of use
1. Acoustic deterrent devices used in application of Article
2(1) shall comply with one set of the technical specifications
and conditions of use defined in Annex II.
2. By way of derogation to paragraph 1, Member States may
authorise the temporary use of acoustic deterrent devices which
do not fulfil the technical specifications or conditions of use
defined in Annex II, provided that their effect on the reduction
of incidental catches of cetaceans has been sufficiently documented. An
authorisation shall be valid for no more than two years.
3. Member States shall inform the Commission of the authorisations
in accordance with paragraph 2 within two months of the date of
issue. They shall provide the Commission with technical and scientific
information on the acoustic deterrent device authorised and its
effects on incidental catches of cetaceans.
Article 4
Requirement for at-sea observer schemes
1. Member States shall design and implement monitoring schemes
for incidental catches of cetaceans using observers on board the
vessels flying their flag and with an overall length of 15 m or
over, for the fisheries and under the conditions defined in Annex
III. The monitoring schemes shall be designed to provide representative
data of the fisheries concerned.
2. Member States shall take the necessary steps to collect
scientific data on incidental catches of cetaceans for vessels
with an overall length less than 15 m and involved in fisheries
defined in Annex III paragraph 3 by means of appropriate scientific
studies or pilot projects.
Article 5
Observers
1. In order to discharge their obligation to provide observers,
Member States shall appoint independent and properly qualified
and experienced personnel. In order to carry out their tasks the
personnel selected must have the following qualifications:
(a) sufficient experience to identify cetacean species and
fishing practices;
(b) basic maritime navigation skills and appropriate safety
instruction;
(c) the capacity to accomplish elementary scientific tasks,
for example taking of samples where necessary and making accurate
observations and records in that connection;
(d) a satisfactory knowledge of the language of the flag Member
State of the vessel being observed.
2. The task of observers is to monitor incidental catches
of cetaceans and to collect the data necessary to extrapolate
the by-catch observed to the whole fishery concerned. In particular,
designated observers shall:
(a) monitor the fishing operations of the vessels concerned
and record the appropriate data on fishing effort (gear characteristics,
location and timing of beginning and end of effective fishing
operation);
(b) monitor incidental catches of cetaceans.
Observers may also carry out such other observations, as may be
determined by Member States, for the purposes of contributing
to the scientific understanding of the catch composition of the
vessels concerned and the biological status of fishery stocks.
3. The observer shall send a report containing all the data
collected on the fishing effort and observations on incidental
catches of cetaceans, including a summary of his main findings,
to the competent authorities of the flag Member State concerned.
The report shall contain in particular the following information
for the period in question:
(a) the vessel's identity;
(b) the name of the observer and the period during which the
observer was on board;
(c) the type of fishery concerned (including gear characteristics,
areas with reference to the Annexes I and III and target species);
(d) the duration of the fishing trip and the corresponding
fishing effort (expressed as total net length x fishing hours
for passive gear and numbers of fishing hours for towed gear);
(e) the number of incidentally-caught cetaceans, including
species and where possible additional information on size or weight,
sex, age, and, where appropriate, indications on animals lost
during hauling the gear or released alive;
(f) any additional information the observer deems useful to
the objectives of this Regulation, including any failure of acoustic
deterrent device during a fishing operation, or any additional
observation on cetacean biology (such as sightings of cetaceans
or particular behaviour in relation with the fishing operation).
The master of the vessel may request a copy of the observer's
report.
4. The flag Member State shall keep the information contained
in observer's reports for at least five years after the end of
the relevant reporting period.
Article 6
Annual reports
1. Each year, Member States shall send the Commission, by
1 June at the latest, a comprehensive annual report on the implementation
of the Articles 2, 3, 4 and 5 during the previous year. The first
report shall cover both the remaining part of the year following
the entry into force of this Regulation and the entire year that
follows.
2. On the basis of the observers' reports provided according
to Article 5(3) and all other appropriate data, including those
on fishing effort collected in application of Council Regulation
(EC) No 1543/2000, the annual report shall include estimates of
the overall incidental catches of cetaceans in each of the fisheries
concerned. This report shall include an assessment of the conclusions
of the observers' reports and any other appropriate information,
including any research conducted within the Member States to reduce
the incidental capture of cetaceans in fisheries. When reporting
on the results of scientific studies or pilot projects as provided
for in Articles 2(4) and 4(2), Member States shall ensure that
sufficiently high quality standards are reached in their design
and implementation and shall provide detailed information concerning
those standards to the Commission.
Article 7
Overall assessment and review
One year at the latest after the submission by Member States of
their second annual report, the Commission shall report to the
European Parliament and the Council on the operation of this Regulation
in the light of the information available as a result of the application
of Article 6 and of the assessment by the Scientific, Technical
and Economic Committee for Fisheries of the reports of the Member
States. The report shall consider in particular the application
of this Regulation to types of vessel and areas, the quality of
information derived from observer schemes and the quality of pilot
projects and may be accompanied by appropriate proposals.
This report shall be updated following the submission of the fourth
annual report by Member States.
Article 8
Adaptation to technical progress and additional technical
guidance
1. The following shall be adopted in accordance with the management
procedure laid down in Article 30(2) of Council Regulation (EC)
No 2371/2002:
(a) operational and technical guidance on the tasks of the
observers as set out in Article 6;
(b) detailed rules on reporting requirements as set out in
Article 6.
2. Amendments to Annex II which are necessary in order to
adapt it to technical and scientific progress shall be adopted
in accordance with the regulatory procedure laid down in Article
30(3) of Council Regulation (EC) No 2371/2002.
Article 9
Amendment of Council Regulation (EC) No 88/98
The following Articles 8a and 8b are inserted in Council Regulation
(EC) No 88/98:
Article 8a
Restrictions on drift-nets
1. From 1 January 2008, it shall be prohibited to keep on
board, or use for fishing, driftnets.
2. Until 31 December 2007, a vessel may keep on board, or
use for fishing driftnets if authorised to do so by the competent
authorities of the flag Member State.
3. In 2005, the maximum number of vessels which may be authorised
by a Member State to keep on board, or use for fishing, driftnets
shall not exceed 60% of the fishing vessels which used drift-nets
during the period 2001 to 2003.
In 2006 and 2007, the maximum number of vessels shall not exceed
40% and 20% respectively of the fishing vessels which used driftnets
during the period 2001 to 2003.
4. Member States shall communicate to the Commission by 30
April of each year, the list of vessels authorised to carry out
fishing activities using driftnets; for 2004, the information
shall be sent not later than 31 August 2004.
Article 8b
Conditions for drift-nets
1. Floating buoys, with radar reflectors, must be moored to
each end of the netting, so that its position can be determined
at any time. The buoys must be permanently marked with the registration
letter(s) and number of the vessel to which they belong.
2. The master of a fishing vessel using driftnets shall keep
a logbook in which he must record the following information on
a day-to-day basis:
(a) the total length of the nets on board;
(b) the total length of the nets used in each fishing operation;
(c) the quantity of by-catches of cetaceans;
(d) the date and position of such catches.
3. All fishing vessels using driftnets shall keep on board
the authorisation referred to in Article 8a (2)."
Article 10
Entry into force
This Regulation shall enter into force on 1 July 2004.
This Regulation shall be binding in its entirety and directly
applicable in all Member States.
Done at Brussels,
For the Council
The President
1 OJ L 358, 31.12.2002, p. 59. Back
2
OJ L 206, 22.7.1992, p. 7. Directive as last amended by Council
Directive No 97/62/CE, OJ L 305, 8.11.1997, p. 42. Back
3
OJ L 184, 17.7.1999, p. 23. Back
4
OJ L 9, 15.1.1998 p.1. Regulation as last amended by Council Regulation
(EC) No 48/99, OJ L 103, 18.1. 1999, p. 1. Back
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