Annexes to COM(2003)451 - Measures concerning incidental catches of cetaceans in fisheries

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dossier COM(2003)451 - Measures concerning incidental catches of cetaceans in fisheries.
document COM(2003)451 EN
date April 26, 2004
ANNEX I

Fisheries in which the use of acoustic deterrent devices is mandatory

AreaGearPeriodStarting date
A.Baltic Sea Area delimited by a line running from the Swedish coast at the point at longitude 13oE, thence due south to latitude 55o N, thence due east to longitude 14o E, thence due north to the coast of Sweden; and, Area delimited by a line running from the eastern coast of Sweden at the point at latitude 55o 30'N, thence due east to longitude 15 E, thence due north to latitude 56o N, thence due east to longitude 16o E thence due north to the coast of Sweden
(a)Any bottom-set gillnet or entangling net
All year1 June 2005
(b)Any drift-net
All year1 June 2005
B.ICES sub area IV and division III a
(a)Any bottom-set gillnet or entangling net, or combination of these nets, the total length of which does not exceed 400 metres
(a)1 August - 31 October
1 August 2005
(b)Any bottom-set gillnet or entangling net with mesh sizes ≥220 mm
(b)All year
1 June 2005
C.ICES divisions VII e, f, g, h, and j
(a)Any bottom-set gillnet or entangling net
(a)All year
1 January 2006
D.ICES division VII d
(a)Any bottom-set gillnet or entangling net
(a)All year
1 January 2007
E.Baltic Sea subdivision 24 (except for the area covered under A)
(a)Any bottom-set gillnet or entangling net
(a)All year
1 January 2007
(b)Any drift-net
(b)All year
1 January 2007


ANNEX II

Technical specifications and conditions of use of acoustic deterrent devices

Any acoustic deterrent devices used in application of Article 2(1) shall meet one of the following sets of signal and implementation characteristics:

Set 1Set 2
SIGNAL CHARACTERISTICS
*Signal synthesis
DigitalAnalogue
*Tonal/wide band
Wide band /tonalTonal
*Source levels (max-- min) re 1 μPa@lm
145 dB130-150 dB
*Fundamental frequency
(a)20 -160 KHz wide band sweeps

(b)10 kHz tonal
10 kHz
*High-frequency harmonics
YesYes
*Pulse duration (nominal)
300 ms300 ms
*Interpulse interval
(a)4-30 seconds randomised;

(b)4 seconds
4 seconds
IMPLEMENTATION CHARACTERISTICS
*Maximum spacing between two acoustic deterrent devices along nets
200 m, with one acoustic device fixed at each end of the net (or combination of nets attached together)100 m, with one acoustic device fixed at each end of the net (or combination of nets attached together)


ANNEX III

Fisheries to be monitored and minimum level of fishing effort subject to on-board observers

1. General monitoring obligations

Monitoring schemes shall be designed on an annual basis and established to monitor cetacean by-catch, in a representative manner, in the fisheries defined in the table in paragraph 3.

Monitoring schemes shall be made sufficiently representative by adequately spreading observer coverage over the fleets, time and fishing areas.

As a general rule, monitoring schemes shall be based on a sampling strategy designed to allow the estimation of the by-catch rates of cetaceans, for the most frequent species in the by-catch per unit effort by a given fleet to achieve a coefficient of variation not exceeding 0,30. The sampling strategy shall be designed on the basis of existing information on the variability of previous by-catch observations.

2. Pilot monitoring schemes

Where, due to absence of information on variability of by-catch, the sampling strategies cannot be designed to achieve the coefficient of variation within the limit set in paragraph 1, Member States shall implement pilot on-board observer schemes for two consecutive years, starting at the dates in paragraph 3 for the concerned fisheries.

These pilot observer schemes shall be based on a sampling strategy aimed at determining the variability of by-catch which will provide the basis for the design of subsequent sampling strategies under the conditions of the paragraph 1, and shall also provide estimates of by-catch of cetaceans per unit effort, broken down by species.

The pilot schemes shall cover, at least, the following minimum value of fishing effort:

(a)For all fisheries defined in paragraph 3, with the exception of pelagic trawls (single and pair) from 1 December to 31 March in ICES sub areas VI, VII and VIII:

Fleets of more than 400 vesselsFleets of more than 60 and less than 400 vesselsFleets of less than 60 vessels
Minimum effort covered by the pilot schemesThe fishing effort of 20 vessels5 % of the fishing effort5 %, covering at least 3 different vessels

(b)For pelagic trawls (single and pair) from 1 December to 31 March in ICES sub areas VI, VII and VIII:

Fleets of more than 60 vesselsFleets of less than 60 vessels
Minimum effort covered by the pilot schemes10 % of the fishing effort10 %, covering at least 3 different vessels

3. Fisheries to be monitored and monitoring starting dates

AreaGearStarting date
A.ICES sub areas VI, VII and VIII.
Pelagic trawls (single and pair)1 January 2005
B.Mediterranean Sea (of the east of line 5o36' west
Pelagic trawls (single and pair)1 January 2005
C.ICES divisions VIa, VII a and b, VIIIa, b and c, and IXa
Bottom-set gillnet or entangling nets using mesh sizes equal to or greater than 80 mm1 January 2005
D.ICES sub area IV, division VIa, and sub area VII with the exception of divisions VIIc and VIIk
Driftnets1 January 2006
E.ICES sub areas III a, b, c, III d south of 59oN, III d north of 59oN (only from 1 June to 30 September), IV and IX
Pelagic trawls (single and pair)1 January 2006
F.ICES sub areas VI, VII and VIII and IX
High-opening trawls1 January 2006
G.ICES sub area III b, c, d
Bottom-set gillnet or entangling nets using mesh sizes equal to or greater than 80 mm1 January 2006