Communication from the Commission to the Council and the European Parliament - Fisheries management and nature conservation in the marine environment
Date: 1999-07-14
Institutions: European Commission
Subjects: conservation of fish stocks, environmental policy, environmental protection, management of resources, marine environment

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 14.07.1999
COM(1999) 363 final

COMMUNICATION FROM THE COMMISSION
TO THE COUNCIL AND THE EUROPEAN PARLIAMENT

FISHERIES MANAGEMENT AND NATURE CONSERVATION IN THE
MARINE ENVIRONMENT

SUMMARY

CONTENTS

1.

2.

3.

4.

5.

6.

7.

INTRODUCTION

INTERACTIONS AND CONSEQUENCES

LEGAL CONTEXT

THE INTERNATIONAL CONTEXT
International conferences
4.1.
International instruments
4.2.

OBJECTIVES AT THE INTERNAL LEVEL
Reduction of fisheries pressure.
5.1.
Nature conservation in the marine environment
5.2.
5.2.1.
5.2.2. Protection of the natural habitats or the habitats of species of

Improvement in the selectivity of fisheries operations

Community interest

5.2.3. Strict protection of marine animal species
5.2.4. Space-time limits on fisheries activities (boxes)
Integrated management of coastal areas
Improved vocational training, information and consultation activities
Improvement in the contribution of scientific research

5.3.
5.4.
5.5.

OBJECTIVES AT THE EXTERNAL LEVEL

CONCLUSION

LIST OF ANNEXES

Annex I
Annex II

Annex III

:
:

:

Glossary of the main terms and concepts used
Examples of direct and indirect effects of fisheries on marine species
and habitats
Bibliography

2

SUMMARY

The Treaty establishing the European Community contains the principle, in Article 6,
whereby "environmental protection requirements must be integrated into the definition and
implementation of Community policies and activities referred to in Article 3, in particular
with a view to promoting sustainable development”. Interactions between fisheries and
marine ecosystems must henceforth be integrated into the Common Fisheries Policy (CFP),
in co-ordination, in particular, with the policy of nature conservation.

This communication forms part of an overall approach designed to improve the integration
of environmental considerations in other Community policies,
in line with European
Council orientations. It supplements various communications and proposals recently
submitted to the Council and to Parliament, referring in particular to limiting the impact of
fisheries activities, including aquaculture, on the marine ecosystems and to promoting
responsible trade.

Interactions between the activities of fisheries and aquaculture and the marine ecosystems
are many and varied. These activities can indeed have direct or indirect effects on marine
fauna and flora. On the other hand, they are dependent on the quality and availability of the
marine resources which make up this fauna and depend themselves on the state of the
environment in which they evolve.

in the long term is impossible without

The obligations of the Treaty and the international commitments of the Community and its
Member States rest in particular on the principles of sustainable development, responsible
fisheries, precaution and preventive action. To maintain fishing activity at an economically
following a rational and
sustainable level
precautionary management scheme to preserve the exhaustible resources on which fisheries
depend. Overexploitation of fish stocks leads to the economic decline of the fisheries
concerned. Therefore, appropriate measures designed to reduce and ultimately eliminate
overexploitation and hence to reach a sustainable equilibrium between fishing activities and
the targeted stocks will be of long term benefit to the fisheries sector. Also, implementation
of such measures will be of benefit to the ecosystems of which these fish stocks form part.

Furthermore, and as stipulated in the 1992 Council regulation establishing a Community
system for fisheries and aquaculture, exploitation of living marine resources shall take
account of implications for the marine ecosystem. This necessitates consideration of both
the direct and indirect impacts of fisheries activities on those parts of the ecosystem which
are of no direct commercial interest to the fishing industry.

As fisheries management and nature conservation in the marine environment pursue
common objectives, in particular the safeguarding of marine ecosystems, and recommend
responsible use of living marine resources as part of sustainable development, they require
better co-ordination and coherence between the two sectors.

To promote the implementation of the essential principles in the field of fisheries
management and nature conservation in the marine environment, this communication
identifies some priorities and implementing measures that will be complementary and even
synergistic. It does not however address all aspects of the CFP or of nature conservation
policy. Nor is it intended to identify orientations for a possible reform of the CFP, which is
foreseen for 2002. The measures that will contribute to the conservation of fish stocks and

3

thereby achieve sustainable exploitation and to the conservation of marine nature include
the following:

-

-

-

-

-

control of fisheries pressure to benefit commercial stocks and marine ecosystems,
by way of:
*

limitation of access to fishing zones, catch levels, and the intensity of fishing
activities, and adjustment of fishing capacities to the resources available;
medium-term management-target fixing;

*

improved measures for nature conservation in the marine environment, including:
*

improved selectivity of fisheries operations and greater control of their
implementation,
protection of natural habitats or the habitats of species of Community
interest by the establishment of the Natura 2000 network in coastal areas,
protection of non-commercial marine species,
establishment of space-time boxes;

*

*
*

integrated management of coastal areas by:
*

follow-up of the demonstration programme already carried out.

improved training, information and transparency:
*
*
*

training of the professionals in the sectors concerned,
communication projects intended for the general public
association
and
professional
environmental sectors in the consultation processes
information and promotion of collaboration between and among research
workers and with other interested parties,

representative

organisations

the

of

*

greater contribution from scientific research to fisheries management and more
account taken of the biological impact of fisheries, including :
*
*

financial support for multi-field research,
establishment of priorities within the framework of a wide-ranging debate,

The same priorities as those identified at the internal level should also be pursued by the
Community in bilateral and multilateral negotiations in the framework of fisheries
management or conservation of the marine environment. In particular, there is a need to
further integrate sustainable exploitation of living resources and environmental concerns
within fisheries agreements with third countries. The commitment of the Community and its
Member States to promote responsible fisheries and sustainable development means active
participation in the work of appropriate regional fisheries organisations.

4

1.

INTRODUCTION

The fisheries sector made considerable strides in the second half of the twentieth century,
largely owing to technical improvements and the modernisation of equipment. Fisheries are
now confronted with a growing structural imbalance between catch capacities and the
biological potential of fisheries resources, resulting in overexploitation of these resources
and alteration of marine ecosystems.

Effective management is essential to ensure that fishing activities are both economically and
ecologically sustainable. The overexploitation which continues to seriously affect
Community fisheries results in useless and excessive pressure on the marine ecosystems.
The rarefaction of the stocks that it generates is contrary to the profitability of fishing
enterprises.

This overexploitation is so severe that the scientific authorities have recommended rapid
reductions of the exploitation levels of up to 40 %. This is especially the case for a number
of stocks that are vital to European fishing, like those of cod and haddock, of hake, of plaice
or of herring. In several cases, the abundance of the spawners is even considered insufficient
to keep stocks safe from biological collapse. In particular, very restrictive measures for
North Sea herring have had to be taken urgently, to avoid a situation comparable to that
which required, at the end of the 1970's, the closure of all herring fishing for four years.

The need for strong action is more necessary than ever. It implies the reduction of excess
catch capacity, which is the primary cause of overexploitation. This is what the Community
is trying to achieve by means of the fourth multi-annual guidance programme, adopted in
April 1997, which will determine the evolution of the fishing fleets within the European
Union for the next few years. To fully achieve sustainability of commercially important fish
stocks and their associated fisheries, and of other biota affected by fishing activities will be
a major objective when preparing proposals for the revision of the general framework
regulation of the CFP, foreseen in 2002. Such preparation will be based in particular on an
evaluation of the current policy and on a broad consultation process.

To ensure a sustainable ecological, economic and social future in this sector, fisheries
management has to develop from a practice centred primarily on a stock by stock analysis
of the state of fishing grounds towards an integrated approach,
taking into account
interactions with marine ecosystems. In recent years, the representatives of Community
Member States and many third countries have, on numerous occasions, advocated
responsible and sustainable fisheries at the many international meetings and conferences on
fisheries or the marine environment.

The Common Fisheries Policy (hereinafter referred to as CFP) and the environmental policy
of the Community share numerous interests. Both recommend measures intended to ensure
nature conservation and the safeguarding of the marine ecosystems, in particular by means
of rational management of these resources. The promotion of the quality of marine and
coastal waters is also a fundamental feature of these objectives, since the abundance,
availability and quality of the resources on which the fisheries sector depends are also part
of it.

This communication is part of an overall approach designed to improve the integration of
the environment into other Community policies, in accordance with the fifth action plan for
the environment, and in particular to integrate the requirements of environmental protection
under the CFP. It also represents a first step, as regards the CFP, in the follow-up of the

5

Communication from the Commission on the Community biodiversity strategy1) a) and
follows orientations given by the European Council on integrating environmental
considerations into EU Policies.
is nevertheless not aimed at giving a totally
comprehensive and fully detailed view of all issues that could be addressed in this context.

It

It covers marine nature conservation, particularly species and habitats, and measures under
the CFP aimed at the implementation of sustainable and responsible fisheries and of benefit
to marine ecosystems. It supplements the various documents already drawn up on topics
connected with interactions between fisheries activities and the marine environment, in
particular on:
-
-

control of the impact of aquaculture on the environmentb),
the contribution of responsible trade, in particular in sea food, to environmental
protection, and therefore to the nature conservation in the marine environmentc),
maintenance or improvement of the quality of the watersd), including marine and
coastal waters, on which the resources and fisheries activities depend.

-

After looking at interactions between the activities of fisheries, the marine species and the
marine habitats, this document turns to the legal bases of the Common Fisheries Policy and
of the Community policy of nature conservation, as well as their international context. It
envisages an improved co-ordination and coherence between fisheries management and
nature conservation in the marine environment and sets out the conditions and the main
ways of achieving this objective, both at internal level in the European Community and at
external level.

2.

INTERACTIONS AND CONSEQUENCES

Interactions between fisheries activities, including aquaculture, and the marine ecosystems,
are many and varied2) and can be classified as direct and indirect interactions.

The main direct effect of fisheries on the marine ecosystems is fishing mortality, which
reduces marine population levels and changes their demographic composition, including
those species which are thrown back into the seae).

Certain fisheries techniques can alter sea-beds and have a considerable impact on bottom-
dwellers.

Lastly, certain fisheries activities disturb various species of marine birds, reptiles or
mammals. Involuntary catches can represent a serious threat to endangered species.

Indirect effects arise from the above and can lead to changes in the structure of ecosystems,
in particular the food chains, or even to a threat to the renewal capacities of populations be
they of commercial interest or not (as a result of excessive mortality or major changes in the
environment).

1)

2)

The references (a) to (q) in the text refer to the bibliography contained in Annex III.
Some specific examples are given in Annex II.

6

The activity of aquaculture can also affect the marine environment directly by changing sea-
beds and coastal habitats, by discharging waste (food waste, medicine residues, etc.), or
even by introducing non-indigenous species. Indirectly, aquaculture activities can lead to the
transmission of diseases to wild populations, or even affect the genetic diversity of these
populations.

Marine ecosystems may be negatively affected not only through fisheries activities, but also
through effects caused by other human activities, such as pollution by hazardous or
radioactive substances, eutrophication through nutrient inputs, and physical disturbance
caused by dredging and exploration for oil.

3.

LEGAL CONTEXT

The CFP and the environmental policy have both adopted the principles of sustainable
development, rational and responsible management and precaution and preventive action
(annex I).

Among the goals assigned to the Community by the EC Treaty are harmonious and
balanced economic development, sustainable growth respecting the environment, as well as
economic and social cohesion. In Article 6 the Treaty specifies that the requirements of
environmental protection have to be integrated into all Community policies and activities.
An undeniable environmental dimension is therefore placed on the CFP by way of
responsibility for the conservation and the management of living marine resources and
awareness of the impact of fisheries activities on marine ecosystems in generalf). The basic
CFP regulation n° 3760/92g) incorporates this principle in Article 2. This Regulation aims to
promote sustainable fisheries and rational management of fishery resources. Implementation
requires the adoption of implementing regulations.

Objectives of the Treaty in the field of the environment include preservation, protection and
improvement of the quality of the environment, as well as prudent and rational utilisation of
natural resources. Community policy shall be based on the precautionary principle and on
the principles of preventive action and of rectification of damage to the environment at
source as a priority. This means taking account of the scientific and technical data available
and of the state of the environment in the various regions of the Community. The fifth
action programme for the environment confirms the obligation to integrate the requirements
of environmental protection into the other policies of the Community.

Two Community directives aim specifically at nature conservation, including in coastal and
marine environments: Directive 79/409/EEC on the conservation of wild birds ("Birds"
Directive)h) and Directive 92/43/EEC on the conservation of natural habitats and of wild
fauna and flora ("Habitats" Directive)i). The provisions of these two directives are intended
to make for the re-establishment or maintenance in a state of good conservation of habitats
or of species of significant ecological value and the maintenance of biodiversity.

Despite their common principles and the similarity of their objectives, the two policies of
nature conservation in the marine environment and sustainable fisheries management are
still too often implemented in parallel, independently of one another. Greater effectiveness
will result from co-ordination and from better coherence between the measures adopted.

7

4.

THE INTERNATIONAL CONTEXT

4.1

International conferences

A look at the final statements of the most recent international conferences on fisheries or the
marine environment reveals a consensus on the promotion of sustainable fisheries and the
preservation of the marine environment. This consensus is expressed both in the conclusions
of global fora and in those of international conferences of a more limited geographical
scope.

A relevant example at the global level is the world conference on the environment and
development (Rio de Janeiro, 1992: Chapter 17 of Agenda 21) and its follow-up through the
United Nations General Assembly Special Sessions (UNGASS) which, in June 1997,
declared inter alia (paragraph 36) "There is an urgent need for…Governments to prevent or
eliminate overfishing and excessive fishing capacity…".

Among recent regional political fora, the Intermediate Ministerial Meeting of the North Sea
Conferences in March 1997 adopted a political statement of conclusions which focuses
issues (the "Bergen
specifically on the integration of
conclusions").

fisheries and environmental

4.2.

International instruments

In the field of fisheries management, a number of international instruments accepted by the
Community formally enshrine the commitment to take into account the interactions between
living marine resources and marine ecosystems, as well as the biological impact of fisheries
on marine ecosystems. Similarly, various international conventions or agreements on
environmental protection already concluded or being negotiated aim to protect marine
species and habitats against man-induced disturbances, inter alia those due to fisheries or to
aquaculture. Among these instruments there are certain conventions and certain
international agreements of specific character or limited geographical scope (for example
the Barcelona Convention and its Protocol on specially protected areasj)). With regard to the
high seas, implementation of these international commitments of the Community requires
action at global, regional or sub-regional level.

these international
Despite identical principles and objectives,
commitments heightens the risks of divergence, which must be avoided by guaranteeing
consistency with the Community policies concerned.

the multiplicity of

5.

OBJECTIVES AT THE INTERNAL LEVEL

The improvement in co-ordination and coherence between the CFP and the policy of nature
conservation requires the adoption of a strategy integrating various concrete sectoral
measures.

8

5.1.

Reduction of fisheries pressure

To achieve the objectives called for by the Treaty, the CFP must ensure a better balance
between the resources available and the capacities of fisheries. Such a balance depends
entirely on the reduction of fishing pressure. This reduction can only be achieved by a joint
reduction in the number of vessels, in their levels of activity (evaluated in number of days
fishing or presence in a given area, for example) and their effectiveness (which can vary
with their size, their engine power or their equipment).

This reduction will help to protect all marine ecosystems since it will be of benefit not
only to commercial species, but also to species caught together with the target species, in
particular those which are usually thrown back into the sea because they are not easily
marketable. It will also benefit the bottom-dwellers and fauna and flora by reducing the
frequency of passage and therefore the mechanical effects of towed fishing gear on seabeds.

Applying the precautionary principle to the control of, and where appropriate, reduction in
mortality rates caused by fisheries involves taking account of uncertainties as regards
evaluation of stocks and the dynamics of the populations exploited, in particular with regard
to the variability of recruitment (number of young who become vulnerable to the fishing
gear each year) or the uncertainties relating to natural mortality rates.

The ongoing implementation of the current conditions within the CFP means that the
Commission will:

-

-

continue its efforts to control and where necessary reduce fishing pressure, by
putting forward proposals to limit catch levels, levels of activity and access to
fishing zones and for adjustment of fishing capacities to the resources available.
Obviously, highest priority is required for depleted stocks

for all commercially important stocks, including those specified in the "Bergen
conclusions", and for other biota affected by fishing, move towards adoption of a
precautionary approach by establishing appropriate stock indicators and/or
limitations on fishing pressure.

Achieving and maintaining appropriate levels of fishing pressure, both on commercially
exploited fish stocks and on other biota, is the essential conservation element of the CFP. To
achieve this objective, various management measures must be re-evaluated and, where
necessary, improved. However, as indicated in the introduction, this communication is not
intended to address comprehensively all possible elements, some of which are already under
scrutiny and some of which may be more appropriately dealt with in the framework of the
review of the CFP in 2002.

9

5.2.

Nature conservation in the marine environment

To fully integrate the objective of protecting all parts of the marine ecosystems, the
management of their natural resources of fishing interest must also include the need for the
conservation of their biological components which have no fishing and/or commercial
interest.

When an ecosystem of an area requires protection against the impact of some fishing
activities, the protection of its habitats and species can be afforded, among other things, by
appropriate technical measures aiming to improve the selectivity of fisheries operations, or
by imposing space or time restrictions on those fishing activities.

5.2.1. Improvement in the selectivity of fisheries operations

The reduction of catches of juvenile fish, crustaceans and molluscs or catches of species
having no commercial interest but requiring additional protection, can be obtained by the
adoption of new technical measures or the revision of already existing ones. Such an
improvement in the selectivity of fisheries methods could be encouraged by incentives,
including those of an economic nature. The revised technical measures regulationk), adopted
by the Council in March 1998, represents a major step for the increased protection of
juvenile fish. The world-wide ban (except for the Baltic Sea) on the use of drifnets, adopted
by the Council in June 1998l), to enter into full effect from the 1st January 2002 will have
a major beneficial effect for the conservation of small cetaceans and some species of fish,
including sharks.

-

On the basis of the information available the Commission will continue to put
forward measures to improve the selectivity of fishing gear and to improve
methods of control and implementation. These provisions will aim at pursuing the
limitation of catches of young fish and minimising incidental catches of, and/or
damage to, particularly endangered species of fish and marine mammals, birds and
reptiles.

5.2.2. Protection of natural habitats or the habitats of species of Community interest

Under the "Habitats" Directive it is for the Member States to designate special conservation
areas to provide a coherent European ecological network called Natura 2000. They have to
take the appropriate measures to avoid the deterioration of natural habitats or the habitats of
species of Community interest, and any interference with the species for which special
conservation areas are designated.

The provisions of the "Habitats" Directive automatically apply to the marine habitats and
marine species located in territorial waters (maximum 12 miles). However, if a Member
State exerts its sovereign rights in an exclusive economic zone of 200 nautical miles (for
example, the granting of an operating licence for a drilling platform), it thereby considers
itself competent to enforce national laws in that area, and consequently the Commission
considers in this case that
in that Community
legislation is an integral part of national legislation.

the "Habitats" Directive also applies,

10

Establishment of the Natura 2000 network in marine areas is not incompatible with the
maintenance of sustainable fisheries or aquaculture in the designated areas. Nevertheless,
the disturbances created by this activity should not have an effect contrary to the aims of
conservation of the habitats pursued by the Directive.

A detailed work programme and a precise timetable have been established to ensure the
introduction of the Natura 2000 network. Member States have in particular to designate
special areas of conservation and to establish the necessary conservation measures
involving, if needs be, appropriate management plans for these sites by June 2004 at the
latest3). In this framework, the competent authorities will have to consider which activities,
including those concerning fisheries, should be adjusted to minimise the deterioration of
natural habitats and the conservation status of species of Community interest.

-

-

The Commission will ensure effective application of existing provisions.
It will
ensure that the establishment of the Natura 2000 network covers the coastal and
marine areas set out in the lists of habitats and species contained in the "Habitats"
Directive.

In the medium term, after effective application of existing provisions of the
"Habitats" Directive and the evaluation of their success in protecting in particular
the marine species and habitats already listed in its annexes, the Commission
envisages a review of these annexes. The period preceding any such review will be
used to encourage research needed to improve the knowledge of the marine
environment and to gain experience from projects aimed at the management of
marine conservation areas.

5.2.3. Strict protection of marine animal species

The "Habitats" Directive obliges Member States to take the measures needed to establish a
strict protection system of certain marine animal species in their natural range. This includes
in particular the establishment by the Member States of a system to monitor the incidental
capture and killing of these species (as for example the monk seal, sea turtles or cetaceans)
and of further research or conservation measures as required to ensure that incidental
capture and killing does not have a significant negative impact on the species concerned.
Several by-catch monitoring schemes have already been co-financed by the Community, in
particular under the Research programmes on fisheries (AIR- FAIR projects).

-

3)

The Commission will closely monitor the implementation of this measure by
the Member States, in particular when their first report on the implementation of
the "Habitats" Directive, planned for 2000, is drawn up.

The accident of the tanker "Sea Empress" off the coast of Wales in February 1996, near sites of
major ecological importance, demonstrated the need to combine the designation of special
conservation areas with the development of management measures. These measures, to be taken as
part of the Natura 2000 network, will address in particular the conclusions of the joint Transport and
Environment Council on 25 January 1993 regarding the vulnerability of marine areas to accidents
involving ships transporting hydrocarbons or dangerous substances (Statement by Commissioner
Fischler: Parliament session of 15.03.96; Oral Questions with debate, item 10: Disasters at sea - Sea
Empress - IGA).

11

5.2.4. Space-time limits on fisheries activities (boxes)

Boxes4) are restricted areas inside which specific, different and generally more binding
measures apply than those for the entire management area of which they form a partm).
These restrictions can apply to the time of year, fishing gear, ships, catch composition, or
any combination of these aspects.

-

-

The Commission will plan space-time restrictions intended to reduce the
impact of certain fisheries or aquaculture activities on marine ecosystems,
whether it be :

- by direct mortality on fish stocks of value for human consumption (e.g.
areas of concentrations of adult fish when spawning, or of a high incidence
of juvenile fish, crustaceans and molluscs) thereby enhancing the probability
of rebuilding or maintaining spawning stock biomass of such species or;
- by direct mortality on stocks of fish such as sandeels which are used
predominantly for the production of fishmeal and fish oil to leave in the sea
greater quantities of food for species occupying higher trophic levels, be they
fish, birds or marine mammals, or;
- by direct impact (catches, injuries, disturbance…) on various species, in
particular mammals, birds, reptiles and benthic organisms.

Such space-time restrictions and the areas designated and managed under the Natura
2000 network may have complementary beneficial effects on marine ecosystems.

Measures to improve selectivity or precautionary boxes could be envisaged on
a preventive basis where there is sufficient evidence to suggest that failure to
implement them could have serious or irreversible effects on marine ecosystems.
Periodic evaluations will make for the amendment of such provisions. Conversely,
temporary derogation from binding measures adopted on a preventive basis might
be possible if new scientific information shows that there is no significant impact.

5.3

Integrated management of coastal areas

Inshore fishing plays a special role in coastal regions. Properly managed, inshore fishing is
a sustainable activity using a renewable resource to maintain the social and cultural fabric,
contribute to the local economy and attract cultural tourism, without causing significant
negative environmental impacts. However, the use of marine resources poses numerous
problems, both in cohabitation between trades or between communities, and in its rational
management. Cohabitation problems sometimes lead to confrontational situations that are
difficult for local authorities to manage. Difficulties in rational management include both
those connected with the management of a resource that belongs to all, and also those of
pursuing such seemingly incompatible objectives as the maintenance of employment or
producer income and the conservation of stocks. Finally, marine aquaculture can have
significant impacts on the sheltered coastal waters to which it is largely confined. The coast
therefore needs special integrated management.

4)

In its 22nd report of 3.12.1992 [Document SEC(92) 2347] the Scientific and Economic Committee
for Fisheries lists some twenty temporary boxes (renewed by the "TAC and quotas" Regulation) or
permanent boxes (established by Regulation (EEC) No 894/97) in Community waters.

12

In 1996, the Commission launched a Demonstration Programme on Integrated Coastal Zone
Management (ICZM)n). Jointly managed by the Commission services responsible for the
environment, for regional policy and for fisheries (and with contributions from the service
responsible for research and the Joint Research Centre), this programme aims to derive
lessons from 35 pilot projects representing the diversity of conditions along Europe's
coastline.

- The final report on the programme (foreseen as a Commission communication due
in early 2000) will include recommendations on future action, outlining the actions
necessary to promote sustainable development
including
sustainable and responsible fisheries. Interim results indicate the importance of co-
operation between sectoral administrations (including the fisheries departments) in
finding solutions that concurrently meet
interdependent goals of
environmental protection, economic well-being and maintenance of social and
cultural heritage. The full, informed participation of all interested and affected
persons is also essential in arriving at implementable solutions.

in the coastal zones,

society's

5.4.

Improved vocational training, information and consultation activities

Providing the decision-making authorities with scientific information on the impact of the
fishing activities on marine ecosystems will not be sufficient if it is not accompanied by
transparency vis-à-vis professional and environmental organisations in order to obtain their
agreement with rational political decisions.

Indeed, the lack of information on the impact of fisheries on marine ecosystems makes it
difficult to find realistic solutions, to take account of the legitimate interests of the parties
affected or to reach compromises, taking into account
the legal, economic or social
constraints imposed on the authorities responsible for these political options. This lack of
information also masks the conflicts which exist between the interests of certain groups in
the fisheries industry.

There can be no transparency without distribution in easily comprehensible form of the
relevant scientific information to the consultative bodies engaged in the process of
formulating the policies concerned. To this end,
the
Commission:

in the short or medium term,

-

-

will promote improvements in the training of the professionals concerned.
These people are the most likely to understand the issues of protection of the marine
ecosystems and to adapt their professional practices to it whenever necessary. They
also have an essential role to play in the monitoring of the quality of the marine
environment;

is stepping up its information policy on the biological impact of fisheries and
aquaculture on marine ecosystems and, by the same token, on the contribution from
fisheries management to reducing this impact. Information documents will also be
drawn up to make it possible for the general public to understand the nature of the
socio-economic and political issues involved in the protection of marine ecosystems.
The Commission will facilitate, in particular, access by the bodies preoccupied with
environmental protection to scientific conclusions which form the basis for the
Commission's proposals on fixing total allowable catches.

13

-

-

the professional

representative
will associate
environmental sectors in the consultation processes planned for the development
of measures to manage the marine environment. As an illustration, a Contact Group
was set up in 1998 to increase and facilitate exchange of information between the
Commission and environmental and developmental NGOs.

organisations and the

will initiate various projects to provide the specialists in fisheries or marine
ecology with better information on budgetary aid available, to convince them of the
need to collaborate within a multi-field framework and to increase their participation
in this scientific work. This information and persuasion work will also concern the
various competent national authorities.

All these projects will gradually be stepped up, in particular the training of professionals,
including teachers.

5.5.

Improvement in the contribution of scientific research

The decision-making authorities need accurate and objective scientific information on the
biological
impact of fisheries on marine ecosystems. This (biological, ecological, or
socio-economic) information will thus enable them to assess and compare the costs and the
advantages of the alternative solutions.

the evaluation of

To strengthen the relevant research, the Community has set aside significant budgetary
resources:
interactions between fisheries, aquaculture and the
for
-
environment, as integrated into the objectives of the fifth framework programme, in
particular of thematic programme 1 “Quality of life and management of living
resources”,
for scientific and technical studies and for projects for the environment as part of
specific programmes (scientific and technical studies in the sector of fisheries, etc.).

-

In the short term, scientific information on the biological impact of fisheries will be in many
cases insufficiento). This will give full
the
precautionary principle, which will
from the
Commission to the Council:

justification to the implementation of

require future legislative proposals

-
-

be they corrective measures for the long term
or preventive measures in accordance with the precautionary principle where the
impact cannot be quantified precisely or where the causal link between this impact
and the activities of fisheries which are the probable cause of it cannot scientifically
be established. A process of revision or of amendment of the measures adopted will
have to be envisaged in the light of new scientific information.

In the long term, the Commission has already recommended a strategyp) of strengthening
the relevant research and integrating the results of this research into the implementation of
the CFP and the policy of nature conservation in the marine environment. The Commission
is currently evaluating the costs involved, in collaboration with the relevant scientific
bodies, in particular the International Council for the Exploration of the Sea (ICES).

14

To improve the contribution from scientific research to the management of sustainable
fisheries and to nature conservation in the marine environment, the Commission will carry
out in particular the following projects:

-

-

The Commission will continue its efforts to encourage research, making it
possible to better understand interactions between fisheries and the marine
environment. Such research focuses not only on technical aspects, but also on the
development of an ecosystem approach. The ecosystem approach is a guiding
principle agreed in particular under the Biodiversity Convention, but it still needs
much work before it can be enacted through management measures.

Because of budgetary constraints, priorities have to be established as regards
research on interactions between the use of living marine resources and the
environment. These priorities concern political choices and the Commission will
encourage a wide-ranging debate for their establishment.

6.

OBJECTIVES AT THE EXTERNAL LEVEL

Better co-ordination and coherence between the CFP and the policy of nature conservation
will also benefit the Community strategy at international level of promoting sustainable
development, responsible fisheries and conservation of biodiversity. The same priorities as
those identified at internal level have to apply to bilateral or multilateral negotiations
relating to the activities of fisheries, in particular when establishing or renegotiating bilateral
fisheries agreements, or in the framework of international activities primarily addressing
nature conservation issues in the marine environment.

This will require an effective and efficient commitment of the Community in global
frameworks towards the conservation of marine living resources and the integration of all
environment aspects in the management of their use, in particular in:

-

-

-

-

the implementation and monitoring of provisions already adopted (United Nations
Convention on the Law of the Sea, Agreement on the conservation and the
management of straddling stocks and highly migratory fish stocks, Code of Conduct
for responsible fisheries);
the follow up of, and efficient contribution to, the Conference on Sustainable
Development and the appropriate UNGASS;
the participation in negotiations for the promotion of responsible fish trade, in line
with the recommendations of the communication on the future for the market in
fisheries productsq);
the work of the conferences of the parties to the international Convention on
Biodiversity (in particular principles and other guidance that would be developed on
the ecosystem approach), or other conventions that contribute to its general
objective by addressing one more specific issues (for example CITES, Bonn
Convention).

Similarly, co-ordination and coherence should be improved with regard to
international activities at the regional scale, concerning fisheries management and nature
conservation in the marine environment. Better co-ordination and integration efforts should
be done at all levels, within the Community institutions as well as between the different
responsible authorities in Member States. This applies in particular to:

15

-

-

the work and development of international conventions for marine environmental
protection or nature protection and which, to some extent, could be of concern to the
fisheries policy (agreements on the protection of cetaceans, Bern Convention,
Barcelona Convention, Helsinki Convention, etc.)

the role and contribution of the Community in fisheries agreements and in regional
fisheries organisations.

Following the conclusions of the Council on fisheries agreements of 30th October 1997,
emphasising the issue of coherence between the CFP and development policy,
the
Commission has been carrying out a complete assessment of its policy regarding
fisheries agreements. This work will include all appropriate issues related to such
instruments (including fish stock conservation, environmental, socio-economic and
development aspects). On the basis of the results of this study and of a wide debate with
its policy on
all interested parties, the Commission, where appropriate, will adapt
bilateral
that
including socio-economic,
simultaneously address the range of societal concerns,
the need for marine nature
development and environmental ones,
preservation.

fisheries agreements and try to find truly integrated solutions

in particular

Besides, the Commission will submit to the Council and the European Parliament a
communication on the participation of the Community in regional fisheries organisations
with a view to:

-

-

Stressing the role and the presence of the Community as regards sustainable
management of resources of the high seas and of highly migratory species and
straddling stocks, a role which passes mainly through an active and efficient
participation in regional fisheries organisations

Insisting on the need to give to the Commission the possibilities to assume the
role that
in particular as regards
sustainable management of fishery resources.

it should play on the international scene,

7.

CONCLUSION

Fisheries activities are closely connected with marine ecosystems: over-intense or badly
adapted fisheries can damage these ecosystems and seriously affect biological balances.
Furthermore, deterioration of marine ecosystems through human activities other than
fisheries can harm conservation of the resources exploited. The requirements to integrate
environmental concerns and to manage the exploitation of marine living resources in a
sustainable manner are already included in the Common Fisheries Policy objectives. This is
however yet not fully achieved, neither with regard to the sustainability of commercial fish
stocks, nor with regard to limiting the negative impact on marine habitats or species having
no direct fisheries interest. Nor has the Community been fully successful as yet in reducing
or eliminating the adverse effects of human activities other than fisheries. Fisheries and
nature conservation policies have a mutual interest in combining complementary measures.

The implementation of objectives of fisheries management and nature requires increased
collaboration between, and awareness raising of, all the actors implying effective co-
ordination at all levels.

16

Good knowledge of the environment and of the effects of the existing or potential measures
is a prerequisite for the framing of political decisions. Data collection and processing must
not only be better organised, it must also receive greater attention, especially among
decision-makers and the socio-professional environments. This knowledge must be used to
pursue a policy of reducing pressure from fisheries by adjusting fleet capacities and
improving selectivity of techniques, and of conserving marine biodiversity by taking into
account the impacts of the fisheries activities on the marine species and habitats, in
particular those of community interest.

Possibilities for nature conservation need to be augmented and gradually extended, inter alia
through their increased integration within fisheries management measures.

Some goals and measures designed to implement the principle of sustainable use of living
marine resources and the principle of integration of nature conservation objectives are
summarised in Table I.

17

OBJECTIVES

Reduction of
fisheries
pressure

Nature
Conservation

Integrated
management of
coastal areas

Training,
information and
consultation

Improvement of
contribution
from scientific
research

TABLE I: Objectives and measures

ACTIONS

Continuation of efforts aimed at limiting the activities and capacities of
fisheries to reduce impact on marine biota and habitats
Medium-term management target fixing

Improved selectivity of fisheries operations

Establishment of the Natura 2000 network, in particular in coastal areas
between now and 2004, including where needed associated fisheries
management measures in line with the conservation objectives.

In the medium term, evaluation of its success to protect marine nature and
proposal for a review of the annexes to the "Habitats" Directive

Space-time restrictions intended to reduce the impact of certain fishing
activities on marine ecosystems.

Follow-up of the demonstration programme between now and the year 2000

Promotion of training of the professionals concerned

Strengthening of the policy of "general public" communication

Association of professional organisations and representative environmental
sectors in the consultation processes

Greater participation and co-ordination of researchers

Continued support for research on interactions between fisheries and the
marine environment

Establishment of priorities within the framework of a wide-ranging debate,
including on an ecosystem approach

Objectives at
international
level

Application of the same priorities as those identified at internal level to
bilateral and multilateral negotiations in the framework of fisheries
management or marine conservation.

Effective and efficient commitment by the Community at international level to
promote sustainable development, responsible fisheries and nature
conservation in the marine environment and promotion of improved co-
ordination and coherence at the global and regional levels.

18

GLOSSARY OF THE MAIN TERMS AND CONCEPTS USED

ANNEX I

Biodiversity / biological diversity: The variability among living organisms from all sources,
including terrestrial, marine and other aquatic ecosystems and the ecological complexes of
which they are part; this includes diversity within species, between species and of ecosystems
(Convention on Biological Diversity).

Marine habitat: Marine area distinguished by its geographical, abiotic and biotic characteristics
("sea-beds").

Fisheries management: The integrated process of information gathering, analysis, planning,
decision-making, allocation of resources, formulation and enforcement of fishery regulations
which govern the present and future fishing activities in particular to ensure the continued
productivity of the resources

Rational management: Principle whereby the adoption of any management measure has to be
based on the best scientific information available and on an analysis by an independent scientific
body.

Sustainable development: Development integrating into all the relevant sectoral policies, at
national and international level, the implications of economic growth on the environment, and
seeking to satisfy the needs of the present and future generations equitably, in particular by
allotting a value to environmental resources in order to identify and evaluate the impact of
economic activities on the environment.

Responsible fisheries: Fisheries combining respect for ecosystems and biodiversity with the
needs of consumers and the interests of the fisheries sector.

Preventive action: Corrective action which has to be adopted to prevent an effect likely to occur
and to entail serious and irreversible consequences in the absence of intervention.

19

EXAMPLES OF DIRECT AND INDIRECT EFFECTS OF FISHERIES ON
MARINE SPECIES AND HABITATS

ANNEX II

As a general rule, fishing activity is directed at one or more species or at a group of species.
The main effect of mortality on the target species is a reduction in the average age and size
of fish in the stock, and hence a reduction in the overall stock biomass, particularly the
spawning stock biomass. Most fish species produce many eggs and are able to sustain quite
large reductions in the biomass of fish of spawning age. However, in some cases, as a result
of fishing mortality the spawning stock may be reduced to such a level that recruitment is
reduced as a result of inadequate egg production. This is referred to as "recruitment
overfishing". In the most serious cases, this may lead to a collapse of the stock and the
fishery. This happened to the herring and the mackerel stocks in the North Sea some decades
ago; the latter has shown no signs of recovery in over twenty years.

As a result of fishing activity, the incidental catches of non-target species due, for example,
to entanglements in nets and being caught by trawls, lines and traps, may cause changes in
the populations of non-target fish, seabirds, marine mammals and benthic invertebrates.
However, the mortality that fisheries cause on non-target species is at present seldom
directly quantified.
For example, studies carried out between 1992 and 1995 in the North Sea indicate that
4500 harbour porpoises were killed annually during the period of investigation.

Some types of substrate or of benthic organisms, both flora and fauna, provide important
sites for development of eggs, larvae and juveniles of organisms of various types. Damage to
benthos of this type may have effects on the ecosystem as a whole. Similarly, some benthic
organisms form communities which stabilise the sediments on which they grow. Damage of
these communities may lead to erosion of the underlying sediments.

Some benthic animals, such as starfish and hermit crabs, are relatively immune to damage
from trawls etc and exploit other organisms which have been exposed or damaged or killed
by the passage of fishing gear.

Studies on the effects of beam trawling in the North Sea indicate changes in the abundance
of benthic invertebrates and the composition of benthic communities. Species that have
declined sharply in abundance appear to have been replaced by other species; the overall
numbers of species, in this area, remain little changed. Damage to the sea bed due to scallop-
dredging appears to be more severe than that caused by beam trawls.

Removal of fish from one stock can be expected to have complex consequences for its
predators, competitors and prey. The consequences of these multispecies interactions
manifest themselves in a variety of ways. Breeding colonies of seabirds and marine

20

mammals may be affected by fisheries competing for the prey species on which they
depend. Depletion of food availability may result in reduction in breeding success of birds
and mammals. Changes in the availability of particular prey species may cause predatory
fish species to redirect their predation to other species, and thereby increase the mortality
rate of the latter.

Fisheries may also provide extra food for certain organisms. Discards and offal produced
during commercial fishing operations provide for scavenging seabirds a food supply which
would not otherwise be available. Various species of fish may also feed upon these discards
and offal. Similarly, intertidal harvesting of shellfish may expose otherwise unavailable
food for birds. These additional sources appear to have led to an unnatural increase in the
numbers of certain species of sea birds.

21

BIBLIOGRAPHY

ANNEX III

Communication from the Commission to the Council and the European Parliament on
a European Community Biodiversity strategy. Document COM(1998)42 final,
4.2.1998.

Aquaculture and the environment in the European Community, Luxembourg, Office
for Official Publications of the European Communities, 1995 (ISBN 92-826-9066-0).

Communication from the Commission to the Council and the European Parliament on
trade and environment. Document SEC(96)52, 23.2.1996.

Communication from the Commission to the Council and the European Parliament -
European Community water policy. Document COM(96)59 final, 21.2.1996.

Report from the Commission to the Council on the discarding of fish in Community
fisheries - causes, impact, solutions. Document SEC(92)423 final, 12.3.1992.

Exclusive competence of the Community for the environmental aspects of the
protection of the fishery resources - Conference of Environment Ministers of the
North Sea coastal states. Commission staff working paper. Document SEC(95)776,
17.5.1995.

Council Regulation (EEC) N° 3760/92 of 20 December 1992 establishing a
Community system for fisheries and aquaculture (OJ L 389, 31.12.1992).

Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds.
(OJ L 103, 25.4.1979).

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).

Barcelona Convention, Council Decision 77/585/EEC of 25 July 1977 (OJ L 240,
19.9.1977) and its Protocol concerning Mediterranean specially protected areas,
Council Decision 84/132/EEC of 1 March 1984 (OJ L 687, 10.3.1984).

Council Regulation (EC) N° 850/98 of 30 March 1998 for the conservation of fishery
resources through technical measures for the protection of juveniles of marine
organisms (OJ L 125, 27.4.1998).

Council Regulation (EC) N° 1239/98 of 8 June 1998 amending Regulation (EC)
N° 894/97 laying down certain technical measures for the conservation of fishery
resources (OJ L 171, 17.6.1998).

Council Regulation (EC) N° 894/97 of 29 April 1997 laying down certain technical
(OJ L 132, 23.5.1997)
measures

the conservation of

fishery resources

for

a)

b)

c)

d)

e)

f)

g)

h)

i)

j)

k)

l)

m)

22

n)

o)

p)

q)

(consolidated text of Council Regulation (EEC) N° 3094/86) and Council
Regulation (EC) N° 850/98 of 30 March 1998 for the conservation of fishery
resources through technical measures for the protection of juveniles of marine
organisms (OJ L 125, 27.4.1998).

Demonstration programme on the integrated management of coastal zones. European
Commission information document
the
Communication from the Commission to the Council and the European Parliament on
the integrated management of coastal zones. Documents COM(95)511 final,
31.10.1995 and COM(97)744 final, 12.1.1998.

- XI/79/96. This document

includes

Report on the meeting on the data base for evaluation of biological impact of
fisheries. Commission staff working paper. Document SEC(94)1453, 7.9.1994.

Communication from the Commission to the Council - evaluation of the biological
impact of fisheries. Document COM(95)40 final, 5.5.1995.

Communication from the Commission to the Council and the European Parliament.
The future for the market in fisheries products in the European Union: responsibility,
partnership and competitiveness. Document COM(97)719, 16.12.1997.

23