WRITTEN QUESTION E-3696/00 by Torben Lund (PSE) to the Commission. By-catches.
Date: 2000-11-29
Institutions: European Parliament, Provisional data
Subjects: EU Member State, access to information, by-catch, common fisheries policy, marine mammal

19.6.2001

EN

Official Journal of the European Communities

C 174 E/115

Wherever the incidental catches of harbour porpoises are caused by Community fishermen, the Commis-
sion 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.

(2001/C 174 E/118)

WRITTEN QUESTION E-3696/00

by Torben Lund (PSE) to the Commission

(29 November 2000)

Subject: By-catches

The answer of 16 October 2000 to my question E-2584/00 (1) states that (cid:145)At the Council of 16 June 2000,
the Member responsible for fishery expressed his deepest concern on this [by-catches and the action to
reduce by-catches] 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(cid:146).

Have the Member States yet been asked to produce this information, and will it be accessible to the public,
pursuant to Article 17(1) of the Habitats Directive?

(1) OJ C 113 E, 18.4.2001, p. 125.

Answer given by Mr Fischler on behalf of the Commission

(22 January 2001)

Member States have been recently asked to produce information about the actions they have taken or
intend to take at national level to reduce and mitigate cetaceans by-catches. The Commission has not yet
received the requested information.

C 174 E/116

Official Journal of the European Communities

EN

19.6.2001

Such information will be made available to the Commission(cid:146)s scientific, technical and economic committee
for fisheries (STECF) that is going to convene a meeting on this issue in 2001.

STECF(cid:146)s report will be made available in accordance to Commission policy of public access to documents.

(2001/C 174 E/119)

WRITTEN QUESTION E-3697/00

by Torben Lund (PSE) to the Commission

(29 November 2000)

Subject: Drift net fishing in the Baltic

The answer of 16 October 2000 to my question E-2584/00 (1) states that (cid:145)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(cid:146).

Will the Commission then state whether drift net fishing will continue to be legal in the Baltic after 2002,
and whether drift net fishing in general is recognised as a substantial cause of death to marine mammals
for example?

Does the Commission then consider that the isolated population in the Baltic of some 1 000 to 2 000
animals deserves special protection status?

(1) OJ C 113 E, 18.4.2001, p. 125.

Answer given by Mr Fischler on behalf of the Commission

(12 January 2001)

interaction between fishing activities and marine mammals is complex, area-based, and
Unintentional
specific to fishing gear and practice. The intensity of the phenomenon is spatially and temporally highly
variable, depending among others factors from the seasonal abundance of marine mammals populations as
well as of the intensity of certain fisheries. Therefore the same fishing gear might interact with marine
mammals in a very different way in different localities.

The Commission makes use of the best scientific advice available to inform its action. The International
council for the exploration of the sea (ICES) is the scientific forum which gives advice on the Baltic Sea
and, for the time being, there is evidence that incidental catches of harbour porpoise is minimal because
the drift net fishery targeting salmon and the area of occurrence of porpoise only overlap to a small extent.

The measures adopted by the Council on the phasing out of drift nets (1), and of their prohibition from
2002, are not applicable in the Baltic given the special characteristics of the salmon fisheries of this sea
and, in addition, also because they are not used to target the species in Annex VIII of Regulation (EC) No
1239/98.

Provided that there are no changes in the scientific advice, there is no reason to foreseen any modification
of the current Regulation regarding drift nets in the Baltic.

The harbour porpoise, along with the other cetacean species, is included in Annex IV of the Habitats
Directive (2). The Community therefore recognises that they are species of Community interest in need of
strict protection.