Paper 5.2 Dutch Cons CFP Art 20 (For disc)

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Agenda No. 5
Paper no. 5.2
Spatial Planning Working Group
London, 13th January, 2016
Dutch Consultation on CFP Art 20.
Contribution: Kees van Berkel, Ministry of Economic Affairs
Team Nature Conservation Law
Abstract:
The Netherlands intends to prohibit or restrict fishing with any bottom contacting gear in three area’s
in the Dutch Natura 2000-site “Voordelta”.
The objective of the measure is to ensure the Natura 2000 targets concerning Black Scoter and Redtroated diver.
Presentation will be made with Powerpoint
Proposed measures
The Netherlands intends to to prohibit or restrict fishing with any bottom contacting gear in three
area’s in the Dutch Natura 2000-site “Voordelta”.
In the actual situation, there are already restrictions. These were notified in 2008 in a greater project.
As a result of a midterm review of the measures taken in 2008, some amendments are considered
necessary to meet the Natura 2000 objectives.
The amendments are all within the boundary of three nautical miles from the coastline. The three
area’s are:
1. the area Bollen van het Nieuwe Zand; The size of the Bollen van het Nieuwe Zand / area is
2464 hectares. (map 1-old and map 1-new)
2. The area Bollen van Ooster as far as concerned the part closed from 1 November until 1 April
(map 2-old and map 2-new)
3. the area Middelplaat as far as concerned an extension to be closed in winterperiod. (map 3-old
and map 3-new)
The reason for this ban is to ensure sufficient rest and feeding area for the species Black Scoter
(Melanitta nigra, Bird Directive species A065) and for the Red-throated diver (Gavia stellata, Bird
Directive species A001)
Explanation
Natura 2000 objectives and targets in the Natura 2000 site Voordelta
BLACK SCOTER
In 2008 The Netherlands designated the “Voordelta” as a Natura 2000 site. In the Designation
Decision one of the conservation objectives is: maintain habitat to sustain a wintering population of at
least 9700 individuals of Black Scoter (A065).
To achieve the conservation objective of the Black Scoter fisheries measures were taken. These
measures have been formalized in a Management plan (16 July, 2008). These measures include
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closing an area the size of 1310 hectares in “Bollen van het Nieuwe Zand” for fishing with bottom
contacting gear during the winter period from 1 November until 1 May. The measures should ensure
sufficient resting and feeding possibilities to achieve the conservation targets for the Black Scoter.
For the same reason in “Bollen van de Ooster” an area of 1186 hectares was closed for all acces
(including fisheries) in the period 1 November until 1 April.
new measures:
In 2014 the evaluation of the management Plan made clear that the feeding and resting areas were
not in the correct locations and food availablility was insufficient.
New measures were adopted in order to improve the feeding and resting places of the Black Scoters.
Netherlands therefore want to adapt the measures by:
new measures in Bollen van het Nieuwe Zand:

expanding the closed area

extension of the boundaries of the area, in order to get the resting and foraging areas of
wintering ducks situated inside;

in a part of the area a ban on all fisheries throughout the year, in order to restore the area to
a undisturbed marine ecosystem. That should optimize food supply for Black Scoter.
The area of 1310 hectares will be expanded and relocated to an area of 4,144 hectares, located more
southward.
This area will be off-limits for all human activities from from 1 November until 15 May. A part of 2464
hectares within this area will be closed with a ban on all fisheries throughout the year.
new measures in Bollen van de Ooster:

extension of the boundaries of the area, in order to get the resting and foraging areas of
wintering ducks situated inside, from 1186 hectares to 3.902 hectares (1 November until 1
April) (Map 2)
RED-THROATED DIVER
The area Middelplaat was a mud- and sandflat, but is now enlarged with an area permanently
submersed sandbanks (1110 - Sandbanks which are slightly covered by sea water all
the time). The reason for this is to create an area for better protection of the Red-throated diver. Due
to increasing disturbance the number of this species have decreased. Because the Red-troated diver
arrives in greater numbers mid-december, the closing time for the shrimp-fisheries is from 15
December until 1 April.
consequences for fisheries
The consequences for fishing vessels will be equal to all the fishermen, Dutch and non-Dutch, having
fishing rights in this area.
The areas are situated within three nautical miles. Only Dutch fishermen and Belgium fishermen
(according to the Benelux Treaty) have fishing rights. A full ban on all seabed fishing as mentioned
above means that notification according to article 20 of the Regulation (EU) No 1380/2013 of 11
December is necessary
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