WRITTEN QUESTION E-3695/00

by Torben Lund (PSE) to the Commission

(29 November 2000)

Subject: By-catches of harbour porpoises plan of action

A harbour porpoise take reduction plan has been drawn up in the USA and was sent to the Commission in relation to Case P/99/4288/DK.

Will the Commission please indicate what specific action has been taken in the USA as a result of this plan, and whether similar measures might be relevant in the EU?

Will the Commission consider drawing up an EU plan of action to reduce by-catches of harbour porpoises in European fisheries?

Answer given by Mr Fischler on behalf of the Commission

(25 January 2001)

The harbour porpoise take reduction plan, implemented in the United States under the Maríne Mammals Protection Act, foresees a set of integrated measures to enforce technical and behavioural modification in the use of some fishing gears (mainly gill-nets) as well as to increase co-operation among fishermen, environmental organisations, scientists and administration through the establishment of Take Reduction Teams. As regards the implementation of observer schemes, the Honourable Member should be aware that with some exceptions (Northwest Atlantic fisheries organisation (NAFO), Inter-American tropical tuna commission (IATTC), International Commission for the conservation of Atlantic tuna (ICCAT)), the Commission has no legal basis, in addition to Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora(1) Habitats Directive, for requiring that observers should or might be placed on fishing vessels of Member States.

Wherever the incidental catches of harbour porpoises are caused by Community fishermen, the Commission is attempting to find solutions. The Commission will take in due consideration robust scientific knowledge and advice coming both from its scientific advisory body (the scientific, technical and economic committee for fisheries (STECF)) and from the International council for the exploration of the sea (ICES) to inform its policy actions. Recommendations arising from regional fisheries organisations of which the Community is a contracting party (NAFO), North-East Atlantic fisheries convention (NEAFC), International Baltic Sea fishery commission (IBSFC), ICCAT, General fisheries council for the Mediterranean (GFCM)) will also be taken into account.

To this end, the Commission has asked to its scientific, technical and economic committee for fisheries to convene a meeting in 2001 on the issue of incidental catches of small cetaceans. The Commission has also asked ICES to give information and advice as soon as possible during 2001 on the following issues: an overview of fisheries that have significant impact on small cetaceans; an overview of other sources of mortality of small cetaceans; an assessment of the risks created by fisheries on identified populations and advice on possible remedial actions to reduce the impact by fishing.

However, before considering creating new legislation, the Commission aims at the proper implementation of the existing Community provisions. It is important to recall that Member States are obliged to establish a system of strict protection to ensure a favourable conservation status for all cetacean species. Moreover, harbour porpoise is included in Annex II of the Habitat Directive and Member States must designate sites to be included in the Natura 2000 ecological network. Furthermore Member States should enforce the requirements of Articles 11 and 12.4 of the Habitat Directive dealing with surveillance and monitoring of the fishing activities associated with cetacean by-catch. It is the legal responsibility of the Member States to implement these rules and to ensure compliance with them.

(1) OJ L 206, 22.7.1992.