Protecting the international Dogger Bank habitat By mr

Protecting the international Dogger Bank habitat By mr. John Clorley (DEFRA, UK) also on behalf of Germany and the Netherlands

Outline of the presentation I General setting: legal and policy context II Problem analysis III The fisheries measures from the draft Joint Recommendation IV Procedure: next steps 13 June 2016 Protecting the interntional Dogger Bank habitat 2

I General setting: legal and policy context

Geographical context • All N 2000 sites are on the list of Sites of Community Importance 13 June 2016 Protecting the interntional Dogger Bank habitat 4

Legal context 1 • Habitats Directive – Member States shall take appropriate steps to avoid, in the special areas of conservation, the deterioration of natural habitats and the habitats of species (art. 6. 2) – Dogger Bank under the scope of Ann. I: Sandbanks which are slightly covered by sea water all the time (type 1110) • Fisheries: Basic Regulation EC 1380/2013 – CFP - management of fisheries outside territorial waters – EU Regulation – Procedure for establishment conservation measures Art. 11 and 18 13 June 2016 Protecting the interntional Dogger Bank habitat 5

Legal context 2 • Article 11 provides a process through which Member States can propose fisheries management measures for sites designated under the Nature Directives and other sites identified as requirement to deliver the MPA aspects of the MSFD • All measures passed under Article 11 need to be sufficiently robust as to meet EU environmental law obligations and the objectives of the CFP. • These measures should include: – The precautionary principle – Avoiding the deterioration of natural habitats and the habitats of species as well as the disturbance of the species for which they have been designated – Establishing “necessary conservation measures” that will meet the ecological requirements of the protected habitats or species in a SAC – Establishing “spatial protection measures” that will contribute to a “coherent and representative network of MPAs 13 June 2016 Protecting the interntional Dogger Bank habitat 6

Legal Context 3 • The initiating Member State and other Member States with a direct management interest may submit a joint recommendation as referred to in Article 18(1) within 6 months from the provision of sufficient information. • Under Article 18(2) Member States are obliged to consult Advisory Councils as part of this process • If all Member States succeed in reaching an agreement on the measures, these are submitted to the Commission, who shall adopt the measures, within 3 months • Various COM guidelines: Marine Guidelines (2007), Guidelines CFP measures (2008) 13 June 2016 Protecting the interntional Dogger Bank habitat 7

Process • 2006 German EMPAS Project • 2009 Dutch FIMPAS Project • 2011 Establishment of International Dogger Bank Steering Group with: – – – 4 MS Fishing Industry NGOs EC (MARE and ENVI) ICES Chair of the NSAC Spatial Planning Working Group • 2012 ICES Advice • 2013 Agreement on the measures and background information 13 June 2016 Protecting the interntional Dogger Bank habitat 8

Principles • Sound scientific basis • Stakeholder involvement • Multilateral coordination • Transparency • Proportionality • Non discrimination Keep in mind - Commission guidance on the management of fisheries that “the proposed measures should be consistent with the conservation objectives for the sites concerned” and “the absence of adequate scientific information should not be used as a reason for postponing or failing to take management measures” 13 June 2016 Protecting the interntional Dogger Bank habitat 9

II Problem analysis

Target: Protection of bottom habitat 13 June 2016 Protecting the interntional Dogger Bank habitat 11

Common Conservation Objectives 1 Approach: Current conservation status: unfavourable due to – Significant habitat disturbance – Distortion of species composition We Aim to – Decrease human pressures – provide a contribution to moving the site towards its conservation objectives. 13 June 2016 Protecting the interntional Dogger Bank habitat 12

Analysis of the fisheries on the DB • Main target species: plaice, sole, sand eel • DK, GER, NL, UK: – accountable for >90% plaice (esp. UK – 95% sand eel (DK mainly) • Backgrounddocument contains detailed statistics on landing values 13 June 2016 Protecting the interntional Dogger Bank habitat 13

Fisheries effort, landings, gross value 13 June 2016 Protecting the interntional Dogger Bank habitat 14

Landings from DB in % of landings Div. |IVB, Plaice and sand eel • Landings (weight) reported from the Dogger Bank SCI in % of the landings reported from the Central North Sea (Division IVb) by year 2007 -2009. Plaice 14. 1% Sand eel 3. 7% 13 June 2016 15. 5% 18. 9% 16. 2% 4. 2% 29. 2% 12. 4% Protecting the interntional Dogger Bank habitat 15

Fleets: 4 major gear groups • Beam trawl • Bottom Otter Board Trawl • Sand eel trawl • Seines (incl. Flyshoot) 13 June 2016 Protecting the interntional Dogger Bank habitat 16

Maximum potential loss (tables 8 d and 8 e) • ‘Maximum Potential loss’ is the sum of landing values in the closed zone • Maximum potential loss is not the same as “income loss”, • TAC’s are not affected, i. e. it may be possible to catch the lost amount of fish elsewhere and • in close proximity to the closed areas leaving costs largely unaffected. 13 June 2016 Protecting the interntional Dogger Bank habitat 17

Seasonal Distribution of fisheries in the years 2007 -2009 • Main conclusions : (see maps p. 42 and on) • all fisheries have marked seasonality with second and third quarters as the period when the fisheries are most active. • The seasonality is particular marked for the sand eel fishery. • The same fisheries occur also elsewhere in Division IVb in all seasons • See next slide for example 13 June 2016 Protecting the interntional Dogger Bank habitat 18

Seasonal distribution: beam trawl 13 June 2016 Protecting the interntional Dogger Bank habitat 19

Seasonal distribution: beam trawl 13 June 2016 Protecting the interntional Dogger Bank habitat 20

Seasonal distribution: beam trawl 13 June 2016 Protecting the interntional Dogger Bank habitat 21

Seasonal distribution: beam trawl 13 June 2016 Protecting the interntional Dogger Bank habitat 22

Seasonal distribution: beam trawl 13 June 2016 Protecting the interntional Dogger Bank habitat 23

Displacement • ICES advice: displacement of (otter board, beam) trawl fisheries will be limited • Some displacement is likely to occur to areas within the SCI that are not closed • 1 st and 2 nd trawl pass are the most damaging • Potential further deterioration is extremely difficult to assess 13 June 2016 Protecting the interntional Dogger Bank habitat 24

III The fisheries measures from the draft Joint Recommendation

Preliminary Considerations 1 • Measures are designed to make a key contribution • Introduction of a zoning concept • Surface of management zones sufficiently large, • Management zones include all benthic communities • Holistic perspective of the entire Dbank • Specific considerations for individual MS (p. 29 BGD) 13 June 2016 Protecting the interntional Dogger Bank habitat 26

Preliminary Considerations 2 • Stakeholder driven input for the measures • Built on existing data • Economic and socio economic considerations taken into account • Mindful of windpark developments • Adaptive approach 13 June 2016 Protecting the interntional Dogger Bank habitat 27

Proposed fisheries management measures 1 • Establishment of a zoning system – Dividing the area in 6 zones corresponding to the benthic communities – Each management zone has an alert zone • All management zones will be closed to the following mobile bottom contacting gear types – Beam Trawl. – Bottom Trawl/Otter trawl. – Dredges. – Semi-pelagic trawls 13 June 2016 Protecting the interntional Dogger Bank habitat 28

Proposed fisheries management measures 2 • remaining area is open to all not otherwise prohibited fishing gears • New and/or modified gears: should be able to obtain a derogation where the use of such gears in the management zones will not jeopardize the delivery of conservation objectives – procedure, scientific doc. , via MS to EC • Evaluation after 6 years 13 June 2016 Protecting the interntional Dogger Bank habitat 29

Control and Enforcement (Reg. 1224/2009) • MS’s FMC’s are responsible • VMS compulsory if prohibited gear on board, traveling < 6 kn in management zone or alert zone • Transit through alert zone and management zone permitted: gear should be stowed and lashed; minimum speed of >6 kn. • Exception force majeure 13 June 2016 Protecting the interntional Dogger Bank habitat 30

IV Procedure: next steps

Agreement in the region • We should reach agreement within the Scheveningen Group about these proposals • If possible formal meeting of an AD HOC group • If not: a 2 nd informal consultative meeting • After agreement in the Scheveningen Group: – Forward the proposals to the European Commission 13 June 2016 Protecting the interntional Dogger Bank habitat 32

NSAC Advice • NSAC has received the relevant documentation • Case will be presented in meeting of the Spatial Planning Working Group of July 4 th (the Hague) 13 June 2016 Protecting the interntional Dogger Bank habitat 33

Conclusion • |The aim of the meeting is to assess whether we have sufficient information – IF the information provided to the MS constitutes sufficient information as mentioned in art. 18 Reg. – The initiating MS intend to move to the formal procedure 13 June 2016 Protecting the interntional Dogger Bank habitat 34