Regulation (EU) 2019/833 of the European Parliament and of the CouncilShow full title

CHAPTER III U.K. PROTECTION OF VMES IN THE REGULATORY AREA FROM BOTTOM FISHING ACTIVITIES

Article 17 U.K. Map of footprint (existing bottom fishing areas)

The map of existing bottom fishing areas in the Regulatory Area illustrated in Figure 2 of the CEM referred to in point 2 of the Annex to this Regulation, is delimited on the western side by the Canadian Exclusive Economic Zone boundary and on the eastern side by the coordinates shown in Table 4 of the CEM referred to in point 1 of the Annex to this Regulation.

Article 18 U.K. Area restrictions for bottom fishing activities

1. Until 31 December 2020, no vessel shall engage in bottom fishing activities in any of the areas illustrated in Figure 3 of the CEM referred to in point 14 of the Annex to this Regulation, and defined by connecting the coordinates specified in Table 5 of the CEM referred to in point 15 of the Annex to this Regulation, in their numerical order and back to coordinate 1.

2. Until 31 December 2020, no vessel shall engage in bottom fishing activities in the area of Division 3O illustrated in Figure 4 of the CEM referred to in point 16 of the Annex to this Regulation, and defined by connecting the coordinates specified in Table 6 of the CEM referred to in point 17 of the Annex to this Regulation, in their numerical order and back to coordinate 1.

3. Until 31 December 2020, no vessel shall engage in bottom fishing activities in areas 1-13 illustrated in Figure 5 of the CEM referred to in point 18 of the Annex to this Regulation, and defined by connecting the coordinates specified in Table 7 of the CEM referred to in point 19 of the Annex to this Regulation, in numerical order and back to coordinate 1.

4. Until 31 December 2018, no vessel shall engage in bottom fishing activities in area 14 illustrated in Figure 5 of the CEM referred to in point 18 of the Annex to this Regulation, and defined by connecting the coordinates specified in Table 7 of the CEM referred to in point 19 of the Annex to this Regulation, in their numerical order and back to coordinate 1.

Article 19 U.K. Exploratory bottom fishing activities

1. Exploratory bottom fishing activities shall be subject to a prior exploration conducted in accordance with the exploratory protocol set out in Annex I.E to the CEM referred to in point 20 of the Annex to this Regulation.

2. Member States whose vessels wish to engage in exploratory bottom fishing activities shall, for the purpose of the evaluation:

(a) communicate to the Commission the ‘Notice of Intent to Undertake Exploratory Bottom Fishing’ in accordance with Annex I.E to the CEM referred to in point 21 of the Annex to this Regulation, together with the assessment required under Article 20(1);

(b) provide to the Commission an ‘Exploratory Bottom Fishing Trip Report’ in accordance with Annex I.E to the CEM referred to in point 22 of the Annex to this Regulation, within two months of the completion of the exploratory bottom fishing activities.

3. The master of the vessel shall:

(a) start exploratory bottom fishing activities only after being authorised in accordance with the conservation and management measures adopted by the NAFO Commission to prevent significant adverse impacts of the exploratory fishing activities on VMEs;

(b) have a scientific observer on board for the duration of the exploratory bottom fishing activity.

Article 20 U.K. Preliminary assessment of proposed exploratory bottom fishing activities

1. A Member State proposing to participate in exploratory bottom fishing activities shall submit, in support of its proposal, a preliminary assessment of the known and anticipated impacts of the bottom fishing activity, which will be exercised by the vessels flying its flag, on VMEs.

2. The preliminary assessment referred to in paragraph 1 shall:

(a) be sent to the Commission not less than one week in advance of the opening of the June meeting of the NAFO Scientific Council;

(b) address the elements for assessment of proposed exploratory bottom fishing activities in accordance with Annex I.E to the CEM referred to in point 23 of the Annex to this Regulation.

Article 21 U.K. Encounters with VME indicator species

1. An encounter with VME indicator species is defined as catch per set (for example trawl tow, longline set, or gill net set) of more than 7 kg of sea pens and/or 60 kg of other live coral and/or 300 kg of sponges.

2. Each Member State shall require that masters of vessels flying its flag and conducting bottom fishing activities in the Regulatory Area quantify the catch of VME indicator species, where evidence of VME indicator species, in accordance with Part VI of Annex I.E to the CEM referred to in point 3 of the Annex to this Regulation, are encountered during the course of fishing operations.

3. If the quantity of VME indicator species caught in the fishing operation referred to in paragraph 2 (such as trawl tow or set of a gill net or longline) is beyond the threshold defined in paragraph 1, the master of the vessel shall:

(a) report the encounter without delay to the competent authority of the flag Member State including the position that is provided by the vessel, either the end point of the tow or set or another position that is closest to the exact encounter location, the VME indicator species encountered, the quantity (kg) of VME indicator species encountered; and

(b) cease fishing and move away at least 2 nautical miles from the endpoint of the tow/set in the direction least likely to result in further encounters. The master of the vessel shall use his best judgment based on all available sources of information.

4. Each Member State shall require that an observer with sufficient scientific expertise be deployed in accordance with point (b) of Article 19(3) for the areas outside the footprint who shall:

(a) identify corals, sponges and other organisms to the lowest possible taxonomical level, using the ‘Exploratory Fishery Data Collection Form’ in accordance with Annex I.E to the CEM referred to in point 24 of the Annex to this Regulation; and

(b) deliver the results of such identification to the master of the vessel to facilitate the quantification referred to in paragraph 2 of this Article.

5. Each Member State shall:

(a) forward, without delay, the encounter information reported by the master of the vessel to the Commission if the quantity of the VME indicator species caught in a fishing operation (such as trawl, tow, set, of a gill net or longline) is beyond the threshold defined in paragraph 1;

(b) issue an immediate alert of the encounter to all fishing vessels flying its flag; and,

(c) temporarily close, where possible, a two mile radius around any reported VME encounter location outside the footprint upon notification by the Commission.

The Commission may reopen temporarily closed areas upon notification from NAFO.