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3-3 Revised Outcome of the Regional Questionnaire to Compile Baltic Marine Environment Protection Commission Tenth Meeting of the Working Group on Reduction of PRESSURE 10-2019 Pressures from the Baltic Sea Catchment Area Tallinn, Estonia, 9-12 April 2019 Document title Revised outcome of the regional questionnaire to compile information on national activities with regard to ALDFG Code 3-3 Category INF Agenda Item 3 – Marine litter Submission date 19.03.2019 Submitted by Secretariat Reference Outcome of FISH 8-2018, paras 7.1-7.7, Outcome of PRESSURE 9-2018, paras 4.8-4.11, Outcome of FISH 9 -2019, paras 8.10-8.13 Background FISH 8-2018 took note of a draft regional survey to compile information on on-going national activities with regard to abandoned, lost or otherwise discarded fishing gear (ALDFG) (document 7-1), supported the initiative and noted that based on the reporting and resulting evaluations, the intention is to evaluate the pros and cons of a harmonized regional approach and alternative approaches to tackle the problem to fill in existing gaps identified. The meeting provided input to the improvement of the questionnaire (Outcome of FISH 8-2018, para. 7.1-7.7), which was subsequently amended accordingly. In accordance with the decisions by PRESSURE 8-2018 (Outcome of PRESSURE 8-2018, para. 3.13-3.16) and FISH 8-2018 (Outcome of FISH 8-2018, para. 7.1-7.7), PRESSURE and FISH contacts were invited on 14 June 2018 to provide their feedback by 7 September. Responses to the questionnaire were received by Denmark, Estonia, Finland, Germany, Latvia, Lithuania, Poland, Russia and Sweden. FISH 9-2019 considered the outcome of the regional questionnaire to compile information on national activities with regard to abandoned, lost or otherwise discarded fishing gear (ALDFG). This document contains the revised outcome of the regional questionnaire to include additional information provided by Finland and address the Danish study reservation by deletion of the sentence referring to the consideration of implementation at regional level of the prohibition to import fishing nets into the national territory from synthetic materials and electric pulse fishing systems (Outcome of FISH 9-2019, para 8.10- 8.13). For an easier follow up, changes made are included with track changes. Action requested The Meeting is invited to take note of the revised outcome of the regional questionnaire to compile information on national activities with regard to ALDFG and make use of it as appropriate. Page 1 of 20 PRESSURE 10-2019, 3-3 Revised outcome of the regional questionnaire to compile information on national activities with regard to ALDFG HELCOM initiated this questionnaire to collect information on recent, on-going and planned national activities with regard to abandoned, lost or otherwise discarded fishing gear (ALDFG) both from commercial and recreational activities and how they can be possibly developed to a regional approach. The questionnaire would also compile information on national views and commitments and if exist, legal frameworks. For the purpose of this questionnaire ‘fishing gear’ referred to complete gear and parts thereof. Based on the reporting and resulting evaluations, the intention is to understand the extent of the problem, identify existing (regulatory and/or scientific) gaps and evaluate the opportunities and challenges of a harmonized regional approach on ALDFG and possible alternative approaches to address the problem in the Baltic Sea region. Questions were to be responded from the national perspective. Information on projects that might be relevant to the questionnaire was also requested. The questionnaire has been replied by Denmark, Estonia, Finland, Germany, Latvia, Lithuania, Poland, Russia and Sweden. Below their responses are gathered and analysed aiming to summarise the current status in the Baltic Sea and initial ideas for further action on the issue of ALDFG. Summary of the current status of the approach on ALDFG in the Baltic Sea and initial ideas for further action The national legal framework to address ALDFG management is mainly driven by the obligations steamed from EU regulations, which have been transposed to national law: - Directive 2000/59/EC of the European Parliament and of the Council of 27 November 2000 on port reception facilities for ship-generated waste and cargo residues: which establishes an obligation to provide port waste reception facilities (PRF), which must be adequate to meet the needs of ships using the port, without causing undue delay. It also requires the delivery of ship generated wastes and the implementation of a cost recovery system by the Member States covering the costs of planning for, collecting and disposal of this waste. - Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006: Art. 48 is dedicated to the retrieval of fishing gear. The master of the fishing vessel that has lost gear or part of it shall attempt to retrieve it as soon as possible and if it cannot be retrieved he has to inform the competent authority of its flag Member State, which shall then inform the competent authority of the coastal Member State, within 24 hours of specific information on the issue. If the gear that is retrieved by the competent authorities of the Member States has not been reported as lost, these authorities may recover the cost from the master of the fishing vessel that lost the gear. A Member State may exempt Community fishing vessels of less than 12 metres’ length overall flying its flag from the requirement of retrieving the list gear if they: (a) operate exclusively within the territorial seas of the flag Member State; or (b) never spend more than 24 hours at sea from the time of departure to the return to port. - Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy: where Chapter III is Page 2 of 20 PRESSURE 10-2019, 3-3 dedicated to marking and identification of EU fishing vessels and their gear. It is to point out that the number of infringements of Art. 48 of the EC 1224/2009 are to be reported every 5 years. - Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC: which provides the overall framework on fisheries at EU level. One country has an additional national regulation which addresses the management of the ALDFG once recovered from the sea: marked gear is transferred to the owner if identified; whereas unmarked but suitable for further use gear is intended for sale and auctioned. All the remaining equipment is stored in the harbour areas. This approach enables closing the loop and may be relevant for further consideration at a regional level. In another country it is prohibited to import fishing nets into the national territory from synthetic materials and electric pulse fishing systems. This also may be considered for implementation at regional level. It is also to point out the application of the no-special-fee system to ship-generated wastes and marine litter caught in fishing nets in the Baltic Sea area as contained in HELCOM Recommendation 28E/10 was mentioned only by two countries. Thus, the question may arise whether there might be a need to further work on the follow up on the implementation of the Recommendation. In terms of data available, there is a scarce knowledge of the amount of annually LFG in national waters in all countries participating in the questionnaire except in Denmark and Germany (only for 2016). This seems to be mainly due to the lack of an appropriate reporting system (in some cases there is data, but the reporting system is not properly established and this information is not included in the logbooks). There seems to be room for improvement on the LFG data reporting system. Also, one country pointed out at the records from insurance companies as a possible source of data on lost gear. Findings from the MARELITT Baltic project reflect on the fishermen perspective (59 from Estonia, 70 from Poland and 31 from Sweden) of the amounts and reasons for gear loss in the Baltic (see tables below). Estonia* Poland* Sweden* Reason Past Present Past Present Past Present Sea bed objects (rocks, "hooks" etc.) - 29 47 40 21 21 Ship wrecks - 9 24 23 16 19 Conflicts (with fishermen, non-fishing vessels) - 26 19 27 40 43 Enviroment (strong current) - 0 9 10 14 12 Environment (wind/waves) - 14 0 0 0 0 Environment (ice) - 23 0 0 0 0 Other reason (theft, sabotage) - - - - 9 5 (*Given in % of provided answers). Fishing gears are lost Fishing gears are lost Fishing gears are lost Fishing gears less than ones/year ones/year ones/month are never lost Estonia 4 - 1 18 Poland 22 30 12 - Sweden 4 2 - - Source: MARELITT Baltic. Page 3 of 20 PRESSURE 10-2019, 3-3 There is also some data available on the amount of annually recovered LFG for two out of the nine countries replying the questionnaire (see Table below).
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