Seacourt Design

Species Protection and the Inshore Fishing Sector Briefing Briefing 3 1 Introduction G site protection for species listed in Annex II; G a strict system of protection for While site protection measures may species listed in Annex IV; and be the most well-known actions G 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).

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