WRITTEN QUESTION P-0500/03

by Chris Davies (ELDR) to the Commission

(17 February 2003)

Subject: Pelagic pair trawls and death of dolphins

In response to my question of 5 June 2002 (E-1606/02(1)) the Commission indicated that it was hoping to bring forward legislative proposals to alleviate the problem of dolphins being killed by pelagic pair trawling.

Latest figures indicate an alarming rise in the number of dead dolphins being washed ashore on the beaches of SW England.

What steps is the Commission currently taking and what effect does the Commission believe these will have on reducing the number of dolphins killed?

Will the Commission introduce an immediate temporary ban on sea bass fishing until changes are made in fisheries' practice, management and regulation?

(1) OJ C 309 E, 12.12.2002, p. 143.

Answer given by Mr Fischler on behalf of the Commission

(6 March 2003)

The Commission is well aware of the problem of dead dolphins being washed ashore on the beaches of Member States, in particular in this winter period in the south of United Kingdom.

According to the Habitats Directive(1), Member States shall take measures for the protection of small cetaceans and to ensure a favourable state of conservation of these species (including population assessment, monitoring of incidental killing, mitigation measures and habitats protection). The Commission is however convinced that additional Community measures are needed to increase conservation of small cetaceans, in particular in the fisheries sector, in a consistent and co-operative manner at Community level.

In order to prepare legislative proposals to address the problem of by-catch of cetaceans in fisheries, the Commission is currently in the process of examining the information and the advice received, at its request,

from the International Council for the Exploration of the Sea (ICES) and the Scientific, Technical and Economic Committee for Fisheries (STECF) on this issue. The elaboration of such proposals will take place in the coming months, involving wide consultation with stakeholders. While the Commission believes that these measures should aim at improving significantly the way the problem of incidental cetacean capture is currently addressed, it is impossible at this stage to have a more precise idea on the exact effect of measures which have not yet been adopted.

According to ICES(2), there is no direct evidence on which to blame the pelagic trawl fisheries for bass for being the fishery responsible for the numbers of dead, incidentally caught dolphins arriving on beaches in England and France. In other words, other fisheries than the one for bass are also catching dolphins. ICES considers that a ban on pelagic trawling would be an arbitrary measure, unlikely to achieve the desired goal. However, it also identifies that there is an urgent need for a comprehensive monitoring on the numerous trawl fisheries active in this region.

At this stage, the Commission does therefore not consider the possibility for introducing an immediate temporary ban on sea bass fishing. However, the setting of mandatory observer schemes for different fisheries will certainly be part of the above-mentioned future Commission proposals on this issue.

(1) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora OJ L 206, 22.7.1992.

(2) Namely the report of the ICES Advisory Committee on Ecosystems 2002(available at http://www.ices.dk/committe/ace/2002/Section-2.pdf), and particularly within its chapter 2.3.3.