PROPOSAL FOR A SET OF FISHERIES MANAGEMENT MEASURES IN BELGIAN WATERS

TO COME TO A Joint Recommendation

Marine Strategy Coordination Group 10/11/2016 Brussels

2

Link measures, MSFD and CFP art. 11

Where an initiating Member State considers conservation measures that are necessary for the purpose of complying with their obligations under the MSFD (art 13(4)), the BD (art 4) or HD (art 6) and other Member States have a direct management interest in the fishery to be affected by such measures, the Commission shall be empowered to adopt such measures, upon request, by means of delegated acts Belgian proposal: the measures are proposed to reach GES and to improve the sea-floor integrity

Introduction

3

4 zones within N2000 area

4

Zone 1: a) Existing coastal fisheries:

Allowed to continue all fishing activities, BUT obligation to apply: - Beams with roller shoes - Sieving net for shrimp fisheries

b) New vessels: Can only fish with non-seabed-disturbing fishing techniques

Existing vessels can be replaced under conditions provided above a) Zone 3: - Only non-seabed-disturbing fishing

techniques are allowed

4 zones within N2000 area

5

Zone 2: - Only non-seabed-disturbing fishing

techniques and the testing of alternative seabed-disturbing techniques are allowed

- An interim period of 3 years is established during which existing fishing techniques are still allowed

Zone 4: - Only non-seabed-disturbing fishing

techniques and the testing of alternative seabed-disturbing techniques are allowed

1 zone along the shore

6

4,5 NM offshore: - Zone prohibited for fishing vessels with a <

70 gross ton - Measured from the base line - Is an expansion of an existing fisheries

measure (the measure currently exists in the zone up to 3 NM)

The main objective is to increase seafloor integrity. Therefore, the restrictions that currently apply within 3NM from the baseline, are proposed to be spatially extended to be consistent with the high biological value coastal area Measure based on Precautionary Approach principle The extension of the existing measure from 3 NM to 4.5 NM would result in 50% improvement of the protection of the coastal zone, while fishing vessels (above 70 GT) would only “lose” 6% fishing grounds in the BPNS.

7

For zones 2 and 4, exceptional use of less-impacting mobile fishing gear is possible under conditions. These conditions include that scientific testing of impacts is guaranteed. A specific authorisation will be required. This authorisation can be delivered following a specific procedure to check whether

the conditions are fulfilled. The procedure to make use of the exception to enter with alternative gear (to test)

must be clear before Joint Recommendation Draft procedure has been sent to ICES for a review, the advice is expected before the

end of November

Procedure for testing zones

8

• The procedure describes how to make use of the exception to enter the zones to test alternative seabed-disturbing fishing techniques, i.e. techniques with a lower impact on the seabed than the classic trawlers.

• Any party wishing to perform testing activities in these zones will have to follow the

procedure. • A testing request would be presented to a selection committee which will decide

upon whether the proposed experiment with alternative gear is methodologically sound to test whether the technique is indeed “alternative”, i.e. having a reduced impact on the seabed.

• As the zones are zones for increasing seafloor integrity, the main focus of the

experiments should be the bottom impact, even though other ecosystem impacts of the gear should always be addressed as well.

Procedure for testing zones

MSP CFP-Process J.R. Adoption of measures

Process

9

Process defined in CFP Art. 11(3) and Art. 18(1) Process steps regional coordination defined in ToR Scheveningen

Process since 2012

• Belgium started drafting measures in 2012; • MSP consultation with NL, F and UK in 2013; • Preparing first draft version Background document end 2014 (22pp); • Informal consultation with involved MS in April 2015: first comments

included requests to add more scientific background information; • Revised draft discussed within Ad Hoc Group in September 2015

(preconsultation meeting): comments included (requests for supplementary scientific documentation and other relevant information)

• Final draft sent around in December 2015 for final comments (February 2016)

• Bilateral meetings in May-June 2016 to discuss final comments; • Revised BD (97pp) sent around in June 2016; • Revised BD presented to Ad Hoc Group 5 July 2016

11

Background document

Notification EC

Multilateral meetings

Joint Recommendation

Summer 2016

September 2016

4th quarter 2016

11

1st of March 2017

Process

Process JR Based on CFP (art 11 and 18) and ToR Scheveningen

12

CFP Art. 11 (3) About JR The initiating Member State and the other Member States having a direct management interest may submit a joint recommendation, as referred to in Article 18(1), within six months from the provision of sufficient information. The Commission shall adopt the measures, taking into account any available scientific advice, within three months from receipt of a complete request.

CFP Art. 18(1) About JR Member States having a direct management interest affected by those measures may, within a deadline to be stipulated in the relevant conservation measure and/or multiannual plan, agree to submit joint recommendations for achieving the objectives of the relevant Union conservation measures, the multiannual plans or the specific discard plans. The Commission shall not adopt any such delegated or implementing acts before the expiry of the deadline for submission of joint recommendations by the Member States.

Process JR Based on CFP (art 11 and 18) and ToR Scheveningen

13

NS FISH-ENVI TE Group ToR About ‘JR’

Member States will make the best endeavors to agree a joint recommendation in

the ad-hoc group. Where such agreement is reached, final approval of the joint recommendation will be agreed by those Member States with a direct fisheries management interests in the “High Level Group”. It is for the Member State to decide their representative on the “High-Level Group” for any decisions on a joint recommendation.

The formal submission of the joint recommendation to the European Commission will

be prepared by the initiating Member State and thereafter will notify the chairmanship of the Scheveningen cooperation.

Background document

Notification EC

Multilateral meetings

CFP Process JR

Joint Recommendation

Provision of sufficient information on measures

= Start of 6 months period to deliver

JR to EC =

1st of September 2016

14

Art. 11: The initiating Member State and the other Member States having a direct management interest

may submit a joint recommendation, as referred to in Article 18(1), within six months from the provision of sufficient information. The Commission shall adopt the measures, taking into account any available scientific advice, within three months from receipt of a complete request.

Background document

Notification EC

Multilateral meetings

CFP Process J.R.

Joint Recommendation

6 months period

(1) Find JR in ad hoc WG (2) JR To high-level group

(3) Belgium submits JR to EC (1/03/2017)

15

ToR Fish-Envi Member States will make the best endeavors to agree a joint recommendation in the ad-hoc group. Where such agreement is reached, final approval of the joint recommendation will be agreed by those Member States with a direct fisheries management interests in the “High Level Group”. It is for the Member State to decide their representative on the “High-Level Group” for any decisions on a joint recommendation.

The formal submission of the joint recommendation to the European Commission will be prepared by the initiating Member State and thereafter will notify the chairmanship of the Scheveningen cooperation.

- Finalisation of draft JR

- Advice from ICES on procedure use of test zones

(zone 2 and 4) expected by end of November

- Decision on JR in high-level group

- Submission of JR to EC begin 2017 (and

notification to Scheveningen Cooperation)

Next steps