The objective of the Common Fisheries Policy, as defined in Article 2 of Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (2), is to ensure exploitation of living aquatic resources that provides sustainable economic, environmental and social conditions. To this end, the Community should, among other things, minimise the impact of fishing activities on marine ecosystems, and the Common Fisheries Policy should be consistent with other Community policies, in particular with environmental policy.
(2)
Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (3) gives strict protection status to cetaceans and requires Member States to undertake surveillance of the conservation status of these species. Member States should also establish a system to monitor the incidental capture and killing of these species, to take further research and conservation measures as required to ensure that incidental capture or killing does not have a significant impact on the species concerned.
(3)
The scientific information available and the techniques developed to reduce incidental capture and killing of cetaceans in fisheries justify additional measures being taken to further the conservation of small cetaceans in a consistent and cooperative manner at Community level.
(4)
Some acoustic devices have been developed to deter cetaceans from fishing gear, and have proven successful in reducing by-catch of cetacean species in static net fisheries. The use of such devices should therefore be required in areas and fisheries with known or foreseeable high levels of by-catch of small cetaceans, and taking into account the cost/efficiency of such requirement. It is also necessary to establish the technical specifications for the efficiency of the acoustic deterrent devices to be used in such fisheries. Scientific studies or pilot projects are needed to increase knowledge about the effects over time of the use of acoustic deterrent devices.
(5)
Scientific and technical research, in particular on new forms of active deterrent devices, should not be hindered by this Regulation. While Member States should, therefore, be allowed, for the purpose of this Regulation, to authorise the use of newly developed and efficient types of acoustic deterrent devices not in conformity with the technical specifications laid down in this Regulation on a temporary basis, it is also necessary to provide for technical specifications of acoustic deterrent devices to be brought up to date as soon as possible in accordance with Council Decision No 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission (4).
(6)
Independent observations of fishing activities are essential to provide reliable estimates of the incidental catch of cetaceans. It is therefore necessary for monitoring schemes with independent on-board observers to be set up and for the designation of the fisheries where such monitoring should be given priority to be coordinated. In order to provide representative data on the fisheries concerned, the Member States should design and implement appropriate monitoring programmes for vessels flying their flag engaged in these fisheries. For small-sized fishing vessels less than 15 m overall length, which sometimes are unable to allow an additional person permanently on board as an observer, data on incidental catches of cetaceans should be collected through scientific studies or pilot projects. Common monitoring and reporting tasks also need to be set.
(7)
To enable regular evaluation at Community level and thorough assessment in the medium term to take place, the Member States should report annually on the use of pingers and the implementation of the on-board observer programmes and include all information collected on the incidental capture and killing of cetaceans in fisheries.
(8)
The risk created by driftnet fishing to the critically endangered population of harbour porpoise in the Baltic Sea area requires the use of driftnets in this area to be stopped. Community vessels which fish with driftnets in this area will be subject to economic and technical constraints necessitating a phasing-out period before a total ban on this gear by 1 January 2008. Council Regulation (EC) No 88/98 of 18 December 1997 laying down technical measures for the conservation of fishery resources in the waters of the Baltic Sea, the Belts and the Sound (5) should be amended to incorporate these measures,
