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 1 T:\KD\DR\nb_wet\Artikel 20 -TBB\Procedure\Voordelta 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 2 T:\KD\DR\nb_wet\Artikel 20 -TBB\Procedure\Voordelta