WRITTEN QUESTION E-2584/00

by Torben Lund (PSE) to the Commission

(1 August 2000)

Subject: Porpoise by-catches in the European fishing industry

The signatories of the Ascobans agreement have undertaken to reduce by-catches to the lowest possible level and at least to less than 2 % of the estimated stock. Present by-catches are above this level.

Ascobans regards porpoise by-catches as a potentially serious biological problem as both the size of stocks and the extent of the by-catch are uncertain.

Which Member States are making by-catches of porpoise? Which Member States have devised and implemented plans of action to reduce porpoise by-catches? What has the Commission done, and what does it intend to do, to ensure that the provisions concerning by-catches in the habitats directive (Article 12(4)) are complied with?

Will the Commission also state what Denmark has done in Danish internal waters and the Baltic to regulate fishing by zones and periods and whether it is sufficient to comply with the provisions of Article 12(4) of the habitats directive?

Answer given by Mrs Wallström on behalf of the Commission

(16 October 2000)

The Commission welcomes all efforts to protect cetaceans and diminish porpoise by-catches. The Honourable Member is no doubt aware that Community legislation already limits the size of drift nets and prohibits their use from the start of 2002, with consequential benefits to cetacean populations.

It should be noted that the Community is not a party to the Agreement on the conservation of small cetaceans of the Baltic and North Sea (Ascobans), and the targets adopted by the parties of this agreement may differ from those of the Commission.

Porpoise populations are subject to natural population dynamics. The impact of the by-catch on the population may vary in different parts of the distribution area, e.g. Baltic and North Sea. It is possible that, from a scientific point of view, a general limit for by-catch to apply everywhere is not the best solution to protect this species(1).

In general, very few facts on population dynamics and by-catch issues on the harbour porpoise are known to the Commission. The Commission has supported several research projects and studies, tackling the issue of interaction among marine mammals (mainly cetaceans) and fishing activities, which led to illumination of the perceived problems.

Measures other than by-catch limits can have an impact on porpoise populations. As important as reducing by-catch is safeguarding sites for breeding, resting and foraging for this species. The importance of Natura 2000 sites designated for this species is currently being studied.

Article 17 of the Habitats Directive (Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora(2)) includes obligations for the Member States to report every six years on the implementation of the measures taken under the Habitats Directive. The Commission is currently waiting for this information from the Member States including reporting on the measures for reducing by-catches to comply with Article 12(4). Therefore, at the moment it is not possible to list those Member States making by-catches which have a significant negative impact on the species concerned, as this article states. It is also impossible at this moment to judge which Member States' measures are complying with the obligations of Article 12(4),

or to speculate on possible future Commission measures.

However, the Commission is aware that the Danish authorities are currently monitoring incidental capture and killing of harbour porpoise, and that they are carrying on research. Denmark has also informed the Commission that they intend to continue conservation measures for porpoises.

At the Council of 16 June 2000, the member responsible for fishery expressed his deepest concern on this and similar issues. To follow up, Member States will be contacted to request information to the Commission about actions they have taken or intend to take at national level.

(1) Council Regulation (EC) No 1239/98 of 8 June 1998 amending Regulation (EC) No 894/97 laying down certain technical measures for the conservation of fishery resources, (OJ L 171, 17.6.1998).

(2) OJ L 206, 22.7.1992.