Seacourt Design

Species Protection and the Inshore Fishing Sector Briefing Briefing 3

1 Introduction site protection for species listed in Annex II; a strict system of protection for While site protection measures may species listed in Annex IV; and be the most well-known actions management- taken in support of species orientated protection for conservation with regards animal and plant species to the habitats Directive, listed in Annex V, whose an additional system is taking in the wild may be subject to management needed to protect measures (eg quotas). species outside these areas. This is particularly A majority of, but not all, important for species with a animal species for which large natural range; species sites have to be designated that migrate over long distances or (Annex II) are also subject to strict rely on two or more distinct habitats protection measures (Annex IV). during different stages of their life Similarly, not all species subject to cycle. strict protection are covered by site protection measures. The provisions for a strict system of protection thus complement the requirements for site designation under the habitats Directive (see Briefing 2). They are further 2 The Legal underpinned by measures controlling Requirements – the exploitation of species whose Species Protection taking in the wild is permitted as long as it does not jeopardise their survival. Site protection – Annex II species The habitats Directive consequently offers three different levels of species Site protection in the marine protection, as follows: environment has to be provided for a

Reef; Rubha Garbh, Loch Creran; David Connor © JNCC 1 number of species, including Site protection in the marine environment has to mammals, reptiles and fish. In the UK, be provided for a number of species, including sites have or may be considered for mammals, reptiles and fish. the grey seal, the common/harbour seal, the bottlenose dolphin and its current form does not include any harbour porpoise, the otter and a marine plant species (Mediterranean number of fish species such as the sea Posidonia seagrass meadows are, lamprey, allis shad and twait shad. The however, protected as an Annex I loggerhead turtle, which is protected priority habitat). under Annex II of the habitats Directive and occurs in UK waters, is Member States are also obliged to unlikely to require UK site protection. establish a system to monitor the incidental capture and killing of all Site protection requirements are animals to which the strict protection outlined in detail in Briefing 2, on provisions apply. If there is an Natura 2000. indication of significant negative impact on the species concerned, further conservation measures have to be taken to prevent the incidental Strict species protection - capture and killing. Annex IV species At the time of entry into force of the In providing strict protection for Annex 1992 habitats Directive, none of the IV species, Member States have to marine species for which strict prohibit: protection measures have to be taken were commercially exploited in the i) all forms of deliberate capture or UK. Consequently, the killing of members of the species in the wild; implementation of the Directive has ii) deliberate disturbance of the not required any significant changes as species, particularly during periods regards hunting at sea or fishing of breeding, rearing, practices. One exception where hibernation and migration; some hunting did and, in iii) deliberate destruction or exceptional cases, still does taking of eggs from the occur, albeit not for direct wild; and iv) deterioration or commercial reasons, is destruction of species such as breeding sites or cormorants or seals, resting places. which are hunted because they are seen to be Similar provisions apply to competing with local fisheries plants, although the Directive in interests.

2 Reef; W of Wagland Reef, Coverack; Eleanor Murray © JNCC The incidental killing and capture salmon (only when in of non-target species in freshwater), common fishing gear, however, is of whitefish, vendace, concern. Bycatch may European river lamprey, affect cetaceans and sea allis shad and twaite turtles, as well as shad, and two species of protected non-target fish red algae. species, such as the sturgeon. There is also documented evidence of otter mortality in certain coastal fisheries. 3 Implications for the The prevention of deterioration or Protection destruction of breeding sites or resting places of listed species may also be a of Key Groups of fisheries issue, particularly where Marine Species demersal fishing gear has an impact on benthic habitats. Covered by the Directive

Taking in the wild - Annex V Cetaceans species The bycatch of cetaceans, particularly In addition to the above, the habitats the harbour porpoise, is thought to Directive lists animal and plant species have significant detrimental effects on whose taking in the wild and populations. Some steps have been exploitation may be subject to taken to monitor and avoid the loss of management measures, such as animals in fishing gear. In the UK, quotas. Member States have to ensure Defra (formerly MAFF) has funded that their exploitation is compatible monitoring of incidental capture of with the species being maintained at a cetaceans since 1990. This has favourable conservation status. involved autopsies of stranded animals and the use of on-board Annex V includes a number of marine observers, for example in the Celtic species that occur in UK waters, Sea gillnet fisheries and the sea bass including two seal species, Atlantic fisheries.

Reef; W of Wagland Reef, Coverack; Eleanor Murray © JNCC 3 Recent trials of marine mammal EU waters (Regulation 973/2001). exclusion devices in the Scottish sea bass fleet, fishing in the English Thirdly, a new Regulation (812/2004), Channel and Western Approaches, adopted in March 2004, also addresses failed. The use of separator grids did the accidental capture of cetaceans in not appear sufficient to reduce bycatch, fishing gear more broadly. In addition with at least 169 dolphins caught to the extension of the drift-net ban to despite the use of separator grids the Baltic, it includes two key measures: between November 2003 and April 2004. In contrast, positive results from i) the mandatory use of acoustic pinger trials in Denmark in 2000 have deterrent devices (‘pingers’) in led the Danish Government to make bottom-set gillnet, entangling net and other gillnet fisheries in the them mandatory in its North Sea wreck Baltic Sea, North Sea and south fisheries, between August and October. western approaches for vessels of 12 metres or more; and Positive results from pinger trials in Denmark ii) the use of on-board observers in in 2000 have led the Danish Government to selected fisheries, for vessels of 15 make them mandatory in its North Sea wreck metres or more with the exception fisheries, between August and October' of those using pingers. For vessels below 15 meters in length, Member States have to put alternative Addressing Cetacean Bycatch monitoring systems in place.

At the EU level, three measures have Observers would need to monitor been taken to prevent cetacean fishing operations, incidental catches bycatch in EU fisheries. Firstly, the use of cetaceans and the use of acoustic of drift nets in certain fisheries, devices. The scheme would apply to including for tuna, marlin, swordfish, ‘high risk’ fisheries in the North Sea, cephalopods and some shark species, Baltic Sea, Mediterranean Sea, and in has been banned in the North-East waters west of the British Isles, France Atlantic and Mediterranean since and Spain, including inshore waters. 2002 (Regulation 894/97, as These notably include high amended by Regulation opening, and single and pair 1239/98). This has recently pelagic trawl fisheries, as been extended to include well as gillnet and the Baltic Sea (March entangling net fisheries. 2004). The fact that observers Secondly, EU vessels are would be required on the not allowed to encircle trawlers suggests that schools or groups of marine additional technical measures mammals with purse seines in may be expected in this fishery,

4 Dolphin © Photolibrary.com should a high incidence of Otters bycatch be confirmed. Otters forage in the In July 2004, the UK intertidal and shallow Government announced rocky areas of the coast, its intention to ask the feeding on fish and European Commission to crustaceans. They are take emergency measures thus vulnerable to under the CFP to close the entanglement in certain pelagic trawl fishery for sea types of fishing gear, notably bass in order to protect the fyke nets, creels (for lobsters, common dolphin. This decision was crabs and prawns), fish farm nets and taken after trials of cetacean exclusion wade nets. They are subject to strict devices failed to show an overall protection measures (Annex IV) and reduction in cetacean bycatch. The UK site protection (Annex II), although the also seems determined to take latter are more likely to include unilateral action if no EU measures are freshwater habitats than marine taken. environments.

Various types of otter guards have Seals been tested and some form of guard is now mandatory for eel fyke nets. In Seals are also taken as bycatch, England and Wales, the use of eel fyke notably in static gear such as gill nets. nets is also subject to a licence from The Mediterranean monk seal and the Environment Agency. Other Saimaa seal are currently the only seal fisheries, notably using crustacean species subject to strict protection traps, still lack equivalent rules on the under Annex IV of the habitats use of otter guards. Directive. Nonetheless, some measures have been taken in the UK to assess and reduce incidental capture of other Marine turtles seal species. Under Annex II of the Directive, the grey and harbour seal Five species of marine turtle have been are subject to site protection in the UK recorded in UK waters: the (see Briefing 2), and their taking in the leatherback turtle, the loggerhead wild is subject to management turtle, the Kemp’s ridley turtle, the measures (Annex V). green turtle and the hawksbill turtle. Most of these species are at the north- eastern reach of their range in North- Western Europe, and only occasionally occur in UK waters.

Brittle star; Reef N of Samalaman Island, Sound of Arisaig; David Mills © JNCC 5 Of the five species mentioned above, bycatch rates may be unsustainable, at the leatherback turtle is the most least for leatherback turtles. commonly occurring, and as a result it is more often taken as bycatch. Entanglement in rope is most Fish common, particularly in pot fisheries targeting crustaceans and whelk. The habitats Directive lists just six fish Most of the bycatch occurs between species as in need of strict protection July and September, in waters north, (Annex IV), only three of which spend west and south-west of the UK coast, time in the sea. and off the south and west coasts of Ireland. Driftnets, trawls, set gill nets, The houting (Coregonus oxyrinchus) purse seines and long-line fisheries, is considered extinct in UK waters. The have also been implicated. destruction of its riverine spawning grounds is thought to be the main The French pelagic tuna driftnet fleet, reason for the houting’s for instance, is reported to have disappearance. It is rarely found in caught 130 leatherbacks over a two- bycatch, and conservation measures year period (1992/93), a capture rate are most likely to focus on its of one turtle per 10,000 tuna. In freshwater habitats. The species has a 1995, observers on UK tuna vessels natural range throughout the North- reported a capture rate eight times Eastern Atlantic, including the that of the French fleet, clearly a countries along the coast of the Baltic substantial contribution to turtle Sea. mortality rates. This problem should have been rectified by the drift-net The European sturgeon is also ban, however. considered very rare or extinct in most EU waters. As with the houting, the As in many other EU countries, the destruction of its freshwater habitats reporting of bycatch and turtle has contributed to its decline. High sightings in the UK has not been levels of exploitation have further systematic and has relied upon decimated their numbers, informal reporting driving the European networks. Thus, the exact sturgeon to the brink of impact of capture rates extinction. In recent on the favourable years, there have been at conservation status of the least three cases of different species is not sturgeon bycatch, known. There are fears, involving UK and German however, that current fishermen. Each case has

6 Atlantic Sturgeon © NOAA helped to highlight the plight of reintroduction attempts have to the species, while at the same go hand in hand with habitat time indicating restoration and species the lack of awareness protection measures. amongst the public and These may include fishermen of its measures to reduce protection status. bycatch in fishing gear.

The Adriatic sturgeon – like its European counterpart, Derogations from the is vulnerable to habitat species protection destruction, pollution and overfishing. provisions It is, however, still more common than the European sturgeon. In special circumstances, Member States can derogate from the species Other fish species awarded strict protection provisions. However, this protection under Annex IV of the must not undermine the conservation Directive are the Valencia toothcarp, status of populations concerned. which is endemic to the Derogations must be justified on the Mediterranean, the Southern basis that they are made: European Anaecypris hispanica and the Rhone streber. in the interests of protecting wild plants and animals; to prevent serious damage to crops, In addition, a number of fish species fisheries, water, etc; require the designation of SACs, in the interests of public health and including the allis and twaite shad, safety, or for other overriding issues lampern, sea lamprey and sturgeon of public interest, including of a (see Briefing 2). socio-economic and/or environmental nature; and/or for research and education Re-establishing the European purposes; or Sturgeon to restock or reintroduce species.

In practice, there is limited scope for In Germany, steps have been taken to UK derogations from the protection of reintroduce the European sturgeon. In marine species. future, similar attempts may be made elsewhere, and could eventually lead to increasing numbers of animals in the sea. To be successful,

Brittle star; Little Hurker, Cockburnspath; Robert Irving © JNCC 7 4 Implications for the the summer months calves and juveniles are often observed together Protection of with adult individuals or groups. The Breeding or Moray Firth European Marine Site in north-east Scotland also supports a Resting Places resident population of approximately under Annex IV 130 bottlenose dolphins. The animals appear to favour particular areas The obligation to prevent the within the site, which may allow for a deterioration and destruction of spatially differentiated approach to the breeding sites or resting places of management of adverse pressures Annex IV species has only minor such as fishing activities. implications for the inshore fishing sector. If the Annexes of the habitats Directive All of the listed fish species breed in are amended to include more marine riverine freshwater habitats, the interest features, provisions for the restoration and protection of which is safeguarding of resting and breeding a priority. For seals and sea turtles, the areas may become more important. In protection of resting and breeding particular, the inclusion of other fish sites is primarily a matter of protecting species, many of which are likely to beaches and other shores, and limiting breed in inshore waters, will probably disturbance close to the shoreline. require measures to protect benthic Thus, the main consideration for the habitats not covered by the existing inshore fisheries sector is measures to habitat type criteria (see Briefing 2). protect the breeding and resting places of cetaceans. 5 Taking in the Wild SACs to protect breeding of Fish and Other grounds of bottlenose Species (Annex V) dolphins For species listed in Annex The Cardigan Bay V, Member States have to European Marine Site (or ensure that their SAC) is one of a few sites exploitation is where bottlenose compatible with the dolphins are known to species being maintained breed. The local population at a favourable is thought to consist of conservation status. A around 125 individuals, and in number of marine species is

8 Sea life; Basin, Loch Goil; Jon Davies © JNCC listed, including two maerl- 6 Future forming species of red algae (Phymatolithon calcareum Developments and Lithothamnion coralloides), all three seal The Annexes under the species, the Atlantic habitats Directive have salmon (freshwater been identified as a habitats only), the particularly weak spot common whitefish, the regarding its applicability in vendace, the European river the marine environment. lamprey, the allis shad and twaite Marine animals, plants and shad, as well as all sturgeon species habitats are poorly represented for which the system of strict overall, and a revision to reflect marine protection under Annex IV does not conservation needs is becoming apply (ie not the European and increasingly likely. This could result in Adriatic sturgeon). the addition of other marine species, such as European eels and skates. Monitoring schemes for the above fish species involving anglers and inshore As regards compliance, there are fishermen may be, and in some various means to improve the use of instances have been put in place. more selective or sensitive fishing gear These could potentially be and methods, including grants under accompanied by financial incentives the FIFG programmes. Such aid may for the recording and releasing of be used to compensate fishermen animals caught accidentally. affected by changes in the law, as well as to encourage the voluntarily use of EU grants under the Financial gear that goes beyond the legal Instrument for Fisheries Guidance minimum required. There may also be (FIFG) have been used for similar scope to fund management measures, schemes in the past, notably to notch such as monitoring and on-board and release lobsters in the UK and observers. Getting fishermen and Ireland. other stakeholders to successfully apply for grants, however, remains a challenge.

Scallop dredges; ANON © JNCC 9 Summary of Briefing

The protection of species is a central element of the habitats Directive. Three types of protection are offered: site protection through inclusion in the Natura 2000 network (Annex II), strict species protection (Annex IV) and managed exploitation (Annex V).

For the inshore fishing sector in the UK, the incidental capture and killing of cetaceans, and to a lesser extent sea turtles, appears to be the most obvious species protection issue.

Measures to mitigate bycatch of non-target species are likely to involve gear restrictions, as well as time and spatial closures. The use of acoustic deterrent devices, such as pingers, already is mandatory for certain fisheries.

Monitoring schemes for non-target fish and other species are needed to increase knowledge and awareness.

There are indications that the list of species protected by the habitats Directive could be extended. If so, more marine species could be added, for example the European eel.

Incentives, including financial payments, could be used to encourage the take up of more selective gears, and potentially to fund reporting of incidental capture of protected species.

10 Houb of Fugla Ness, Mainland, Shetland; Roger Covey © JNCC Information Sources:

James B. Reid, Peter G.H. Evans and Simon P. Northridge (ed) (2003) Atlas of cetacean distribution in north-west European waters. JNCC http://www.jncc.gov.uk/Publications/cetaceanatlas/#download

Pierpoint, C (2000) Bycatch of marine turtles in UK and Irish waters. JNCC Report 310 http://www.jncc.gov.uk/communications/pubcat/publications/JNCC_310/JNCC_310.pdf

European Register of Marine Species http://erms.biol.soton.ac.uk/

UK Species Action Plans http://www.ukbap.org.uk/species.aspx

For further detail please contact: Saskia Richartz [email protected] Institute for European Environmental Policy 18 Avenues des Gaulois B – 1040 Brussels

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This Briefing has been prepared as part of IEEP’s sustainable fisheries programme, funded by the Esmée Fairbairn Foundation. For more information please see http://www.ieep.org.uk/.

11 This is the third in a series of IEEP briefings,1 examining key provisions of EU nature conservation policy set out in the habitats and birds Directives, and how these relate to the UK inshore fishing sector (ie within 12 nm). The aim of this briefing is to explain the provisions of Article 12 of the habitats Directive, outlining the system of strict protection for certain animal and plant species, and its application in the marine environment. Provisions for certain fish species, whose taking in the wild may be subject to management measures, are also outlined. Additional measures under the EU birds Directive to establish a general system of protection of all European wild birds, their eggs and nests, including sea birds such as the guillemot, razorbill, puffin, gannet, shag and kittiwake, are NOT covered.

The habitats and birds Directives have potentially far-reaching implications for various economic sectors, and the fisheries sector is no exception. The purpose of these briefings is to explore the possible consequences for the UK inshore fishing sector. In due course, the briefings will be followed by good practice examples from the UK and other European countries, demonstrating innovative ways of managing fisheries in support of EU nature conservation policy.

1 published so far are: 1. EU Nature Conservation and the UK Fishing Sector – Overview of Issues 2. Natura 2000 in the marine environment 3. Species Protection and the Inshore Fishing Sector 4. Appropriate Assessment of Activities Affecting European Marine Sites 5. Managing European Marine Sites

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