“If this is not accepted, I will take action to ensure that this fishery does not continue in its present state next season, and will be looking to limit the number of vessels allowed into the fishery and to close the fishery within our national 12 mile limit. Alongside this, we will continue with research to identify other fisheries causing bycatch. Our latest research suggests that fisheries other than pair trawling for bass are contributing to the large number of strandings each year.”
“Based on observations made during the 2003/4 fishery, dolphin bycatch for the UK element of the bass offshore pair trawl fishery is estimated at approximately 400 animals. On the assumption that bycatch rates are equivalent in the larger French element of the fishery, and on the basis of an abundance estimate of 75,000 … or 120,000 (references supplied), it is estimated that bycatch of the common dolphins could be 2% or over. This is clearly in excess of the objective of reducing bycatch to below 1% of the best available population estimates accepted by North Sea Ministers in 2002 at the 5th North Sea Conference.”
“The Commission also considers that a prohibition on the use of pair trawl to target sea bass in ICES (International Council for the Exploration of the Sea) division VIIe could result in a redistribution of fishing effort either into other fisheries (whether defined by gear or target species) in the same area or into adjacent areas, without necessarily reducing the by-catch of common dolphins. This reason was also mentioned by ICES for not recommending spatial or temporal closure on a small-scale as an effective mitigation strategy at this stage.”
“We also observed a shift inshore in the areas of peak bycatch. Whereas in previous years bycatch rates have been highest in 24-30 nautical miles from shore, this season bycatches were seen much more frequently in the 12-18 nautical miles zone. It would seem that the increased bycatch rates in November-February could be linked to the increase in bycatch further inshore, and suggests a change in the distribution of animals with more animals in the 12-18 nautical miles zone in December than in previous years. More animals further offshore in the early part of the season would also be consistent with the strikingly lower common dolphin strandings rates that were observed on English coasts in the 2003-2004 (season) compared with the previous season. Fewer animals close to shore may result in fewer being washed ashore, but increases their contact with the bass trawlers.”
“…, there is no reason to suppose that the pair trawl activity in ICES division VIIe would be replaced by equally detrimental fishing effort in adjacent areas. The winter bass fishery is targeted precisely because that is where the heaviest concentration of bass is to be found. Fishing in other areas at the same levels of effort (and involving the same levels of bycatch) would not be presumed to occur, because the returns from the effort would be lower.” (Emphasis in original.)
“Leaving aside the proposed measures to ban bass pair trawling out to 12 miles and to introduce a licensing system for UK vessels (which will not alone be sufficient to protect the common dolphin population in the winter bass fishery), what other steps of any description has your Department taken … to ensure that the risk of irreparable harm to the common dolphin population is avoided?”
“The government intends therefore to prohibit the use of pair trawl gear targeting bass within 12 miles north of the UK south west coast and to put a request to the European Commission, under Article 9 of Council Regulation 2371/2002, for this measure to be extended to all member States’ vessels. A licensing scheme for the fishery outside 12 miles will also be drawn up. The closure would be targeted solely at pelagic pair trawling for bass. Other methods of fishing for bass such as gillnetting and hand lining would be unaffected by these measures.”
“15. Option (iii) take action for a UK basis, then approach the Commission to make a prohibition applicable to all member states. The UK Government would take action to ban the UK fishery within 12 miles, and then under Article 9 of Council Regulation 2371/2002 submit the Order to the Commission for consultation with other Member States in order that the measures may affect all vessels involved in the fishery. A controlled licensing scheme for the offshore fishery will be developed simultaneously. 16. The offshore fishery is prosecuted by a significantly larger number of vessels from another member state, France. This is why the UK has for many years, in the light of our research findings, pressed for meaningful action at an EU level to address the problems identified. We do not believe that the implementation of the recent Council Regulation (EC) No. 812/2004 laying down measures concerning incidental catches of cetaceans in the fisheries provides an effective response to the threat now faced as this only requires observer coverage in the pair trawl fishery and would not be in line with the application of the precautionary approach to fisheries management, as set out in the CFP framework regulation. Although there is limited French activity within the 6-12 mile zone, it would be preferable for the measures to apply equally to all vessels operating in this area. Option (iii) is therefore recommended. However, if the Commission do not accept the case for action applying to other vessels in the 12 mile zone, given the low level of activity in this area on the part of member states, we would continue with the introduction of measures to (sic) applying to UK vessels only.”
“We also welcome the commitment expressed in this initiative to try to address this problem. We feel that such a demonstration is important in its own right but also in terms of the message that it sends to both the European Commission and to our the EU neighbours that cetacean bycatch problems can no longer be overlooked, or subject to further research, but have to be acted upon as a matter of urgency.”
“We are not convinced that the result of this Statutory Instrument will be a reduction in overall fishing effort in the best pelagic pair trawl fishery except, perhaps, in the case of the one pair of smaller vessels that may not be prepared to fish further offshore. What we consider to be more likely is that fishing effort that would otherwise have occurred within 12nm will simply shift beyond this limit to waters where rates of bycatch per fishing effort (by proportion of hauls with bycatch) are considerably higher. Therefore, unless the closure of this fishery is extended to waters beyond 12nm we are not convinced that he proposed SI will result in a reduction in dolphin bycatch, but it may in fact result in an increase in mortality levels.”
“While we support the UK Government’s stated commitment to mitigating the high level of dolphin bycatch in the sea bass for pelagic pair trawl fishery, we do not believe that the proposed measures will achieve this aim. Indeed we suspect that closure of the fishery only within 12 nautical miles may even result in increased dolphin mortality. … In the case of the Western Channel bass fishery such a closure would have to extend beyond 12nm. … We believe that the whole fishery (including the French) should be closed unless or until an effective means of preventing bycatch can be demonstrated.”
“We do not believe that this proposed 0 to 12 mile closure will reduce the number of dolphin deaths overall. Bycatch rates for common dolphins in this fishery are significantly higher beyond 12 miles. By excluding the bass trawl fishery from the 0 to 12 mile zone, efforts will no doubt be displaced into those offshore areas where dolphin deaths are far more frequent.”
“The prohibition on pair trawling for bass only applies to UK vessels fishing within the 12 mile limit of Area VIIe. This restriction is likely to achieve very little in terms of protecting cetaceans as a substantial part of the fishery takes place in waters outside the 12 mile limit. Any proposal to ban pelagic pair trawling for bass should apply to UK vessels wherever they are fishing. We would also reiterate that in order for such a ban to be effective it should apply to all vessels irrespective of Nationality especially as the UK has been identified as representing about 10% of the fishery. However we do not support the UK government doing nothing on this basis.”
“What is the scientific rationale for closing the fishery within 12 miles? None of the evidence presented to us points towards dolphin bycatch being more of a problem inside 12 miles than outside 12 miles.”
“There is a real risk that prohibiting the Fishery within the 12 mile limit will simply result in fishing effort being displaced to areas outwith the 12 mile limit. For a winter fishery using vessels in these areas, with in the case of the Owners (vessels) an overall length of 15 metres, is not desirable from a safety point of view. Also from a conservation point of view, there is no evidence that displacing effort in this way will result in reduced bycatch levels.”
“1) As a result of recent abundance estimates made from pre-existing survey data, coupled with recent information on population structure of common dolphins in the Atlantic, common dolphin population numbers are almost certainly several times the quoted figure of 120,000. 2) French fishing effort in VIIe in 2003/4 is likely to have been substantially lower than the assumed level of five times UK effort. 3) The high level of UK bycatch is largely the result of very high bycatch rates observed in December 2003 and January 2004. French and UK fishing effort is greatest in late February and March. To extrapolate to the French fleet one would therefore need to use bycatch rates for the later period of February to March, rather than the unusually high rates observed in December and January. Observed rates in the UK fishery in March 2004 were lower than in previous years. 4) Population removals due to bycatch needed to be considered over the long term: a single year’s estimates should not be viewed in isolation but need to be considered among estimates from other years. Furthermore, the rules that define unsustainable takes are set on the assumption of bycatch ongoing indefinitely, whereas there is a clear intention on the part of the fishery and Defra that the bycatch in this fishery should be reduced in the short to medium-term.”
“The proposed 12 mile exclusion will mainly impact on a single pair of vessels, which is the pair with which we are most actively collaborating. These 15m vessels do not have access to quota for other species and will be forced to fish beyond 12 mile limit for bass. There are serious safety implications here for forcing a single pair of 15m to work further offshore in the Channel in winter. … The purpose of the ban as stated in the accompanying documentation is to minimise dolphin mortality. In this respect I also believe that a ban will have the opposite effect. In all four years that we have been studying this fishery, dolphin bycatch rates have been considerably higher outside 12 miles than inside. The displacement of effort outside 12 miles will therefore increase mortality of common dolphins.”
“an important measure to limit fishing effort in this fishery. This will ensure that current bycatch levels are reduced, and will also address ICES concerns that fishing effort (and fishing mortality rates on bass) should not be allowed to exceed levels of effort in 2002.”
“The majority of respondents are concerned this measure will not be effective as the majority of pair trawling happens outside the 12 mile limit. Others raised concerns that prohibiting pair trawling within 12 miles will cause a displacement of effort outside 12 miles, which could lead to an increase in dolphin mortality.”
“The Minister therefore concluded that he would proceed with the 12 mile prohibition …”
“3. Both before and at the time of the decision to proceed with the 12 mile prohibition order, we were fully aware from the SMRU report of September 2004 that rates of bycatch outside 12 miles were higher than within 12 miles and that more fishing activity occurred outside 12 miles. In particular, we were aware that SMRU research showed that the bycatch rates in 2003/4 were highest in the 12 to 18 mile zone, but that in the years before that bycatch rates were progressively lower outside the 12 mile zone until reaching beyond 24 miles from shore. We also noted that SMRU considered that the bycatch result for 2003/04 were anomalous. … 6. I subsequently attended the meeting with the Minister, with other colleagues, where the draft Statutory Instrument, the application of the measure to other member states and measures outside 12 miles were discussed. The summary of responses was discussed with the Minister. I recall discussion in particular of the SMRU response where their opposition to the prohibition was raised. Also, as part of these discussions, I made the point that the science did not support the ban and that bycatch was most significant outside 12 miles. We did not discuss in explicit terms with the Minister the theory that displacement might lead to increased dolphin mortality. However, the issues arising from displacement were covered in implicitly with the Minister the context of the 12 mile area being of importance to some of the vessels in the UK fishery because of their relatively small size which prevented them working outside 12 miles during severe weather (mostly winter months when bycatch had been high in the 2003/04 season relative to previous seasons). In other words, displacement would not take place in practice for part of the season because of safety concerns which would stop vessels fishing completely if the 12 mile zone was not available to them. We also concluded that the ban would act as a deterrent to opportunistic fishers. The discussion then moved to progress on licensing outside 12 miles; although not recorded in the official note of the meeting, my clear recollection is that this was discussed directly after consideration of the impact of the ban on the vessels involved in the fishery because we were fully aware that restrictions had to be placed on the fishery outside 12 miles if we were to address the area where bycatch was most significant, i.e. to avoid any possible displacement effects from the ban. 7. Displacement of vessels from within 12 miles to outside 12 miles was not a critical issue in determining the way forward with the 12 mile prohibition. We were aware that there was relatively limited fishing activity within the 12 mile area on the part of both UK and French vessels. Even if this limited effort were displaced (contrary to our expectation at the time, given the anticipated deterrent effect of the ban), its impact would be mitigated by reducing the number of vessels that had previously prosecuted the fishery i.e. from the seven pairs of the previous year to the ‘normal’ two pairs who had had a long term involvement in the fishery, by the licensing regime that was under consideration and it was intended to pursue at the time. 8. In the event, it became apparent that only the two regular pairs of vessels would enter the fishery in the 2004/05 season and there was therefore no need in practice to introduce a licensing scheme to restrict the opportunistic fishers of the previous years. …”
“6. … I considered that a UK prohibition was an important step to demonstrate UK Government leadership in the protection of cetaceans. It would have taken compelling evidence for me to have departed from my view that a ban was desirable as part of this approach (the so-called step-wise approach) to achieving a greater protection for cetaceans at an EU level, and as a positive protection measure with a significant deterrent effect, particularly for UK vessels. 7. … While there were two pairs of vessels that regularly prosecuted the fishery in the 2003/04 fishing season and other previous seasons, further Scottish pairs had prosecuted it on an opportunistic basis. It was my view that any restriction we could place on the fishery would make it more likely than not that the opportunistic fissures would decide not to come down to the South West. 8. I was advised at the meeting on18 November 2004 that most of the responses to the consultation had welcomed the positive action, but that some NGOs and parts of the fishing industry were concerned that there was little scientific justification and that it might not be effective. 9. I was also advised and generally aware that the scientific evidence for a ban only inside the 12 mile limit was weak, but I was mindful of the broader rationale (reflected in the RIA) for the UK to take what action we could in this fishery. … A ban inside 12 miles was one step in a strategy aimed at putting pressure on the EU Commission/Member States to take this issue more seriously. 10. While I do not recall being made explicitly aware of the so called ‘displacement theory’ as it is now described by Greenpeace, I was aware that UK vessels fishing inside 12 miles might transfer their effort outside the 12 mile limit in the event of a ban. However, I was satisfied that safety considerations and the licensing system we proposed for in the UK vessels dishing outside 12 miles would act as deterrents to the displacement of effort. The licensing system would limit the number of boats in the fishery and required that those taking part participate in the cetacean bycatch monitoring and separator grid trials being conducted by the SMRU on the two regularly fishing pairs. 11. I concluded that we should proceed with the prohibition. …”
“… given the level of public concern and the observed bycatch in the pair trawl fishery, I do not think it defensible to allow fishing operations to continue unrestricted until such time in the future that either a gear solution is found or Community action can be agreed. To demonstrate that we are doing as much as we can in the meantime, I intend to introduce a closure of the pair trawl fishery within 12 miles of the SW coast under the CFP. … … It has to be accepted that a 12 mile closure alone will not be the most effective solution to the bycatch problem as most activity in the fishery takes place outside the 12 mile zone and so the scientific evidence to support the prohibition is not strong. However I see the prohibition as an interim step to more effective co-ordinated action at a Community level when more detailed results would be available from continuing research programmes. I also think that such a move would demonstrate quite strongly that the UK is prepared to take whatever action it can to tackle this problem with a view to gathering support as a Community level for more effective action. I also feel that a prohibition would send out a clear message that the CFP can help member states tackle the environmental impacts of fishing.”
“… given the level of public concern and the observed bycatch in the pair trawl, I would find it extremely difficult to defend fishing operations continuing unrestricted until a gear solution is found sometime in the future. This is why we have turned to considering more radical means of reducing bycatch in this fishery. … To demonstrate that we are doing as much as we can until an acceptable community solution can be found, I have decided to use the powers available under article 9 of the Common Fisheries Policy framework regulation to take action within the 12 nautical mile zone of the UK coast. My intention is to introduce a ban as soon as possible on pelagic pair trawling for bass within our 12 mile limit to have effect in the current fishing season. For reasons of equity, we would also be applying to the Commission to have this ban extended to all pair trawlers fishing for bass in the 12 mile zone. On its own I accept that this is not the most effective solution to the bycatch problem given that most activity occurs outside the zone but I see this as an interim step to a more effective, co-ordinated action at a Community level when the results are available from the research programmes which you pointed to in your response to the UK application for an emergency closure.”
“… The SMRU report specifically referred to there being ‘more animals further offshore in the early part of the season’ which ‘may result in fewer being washed ashore, but increases their contact with the bass trawlers’. The natural result of introducing a ban on fishing effort only within 12 nautical miles will be to transfer it to the zones where bycatch is heaviest.”
“7. New evidence has indicated that common dolphin population numbers are almost certainly several times the previously accepted figure 120,000. Although this population figure is higher than that understood at the time of the UK’s request to the Commission, the UK government must take measures to minimise as far as possible the bycatch of dolphins within UK territorial waters in line with the precautionary approach. 8. The Government intends therefore to take a stepwise approach to the issue of cetacean bycatch in this fishery by prohibiting the use of pair trawl gear targeting bass within 12 miles of the UK southwest coast (ICES Area VIIe) followed by a request to the European Commission, under Article 9 of Council Regulation 2371/2002, for this measure to be applied to all Members States’ vessels. A licensing scheme for the fishery outside 12 miles will also be drawn up. The prohibition would be targeted solely at pelagic pair trawling for bass. …”
“The offshore fishery is prosecuted by significantly larger number of vessels from another member state, France. This is why the UK has for many years, in the light of our research findings, pressed for action that an EU level to address the problems identified. Although there is limited French activity within the 6-12 mile zone, it would be preferable for the measures to apply equally to all vessels operating in this area. Option (iii) is therefore recommended. However, if the Commission do not accept the case for action applied to other vessels in the 12 mile zone, given the low level of activity in this area on the part of member states, we would continue with the introduction of measures to apply to UK vessels only.”
“The main vessels involved in this fishery dispute that other fisheries are open to them, and maintain that this prohibition would place their viability in doubt. Being forced by the closure to work outside 12 miles during bad weather would also raise safety concerns for these vessels.”
“… The issue of cetacean bycatch in pelagic pair trawling is a complex one and was specifically addressed as part of the comprehensive scientific review and advice given by the International Council for the Exploration of the Sea (ICES) on cetacean bycatch in fisheries. ICES indicated that ‘other fisheries than pair trawling for bass also catch dolphins’ and that ‘there is a need for a comprehensive monitoring of the numerous trawl fisheries active in this region before we can be precise about mitigation requirements’. ICES considered in particular that a ‘ban on pelagic pair trawling for bass’ would be an ‘arbitrary measure, unlikely to achieve the desired goal ‘. A prohibition on the use of pair trawls to target sea bass in the UK inshore waters in the Western Channel is likely to result in the redistribution of fishing effort into adjacent areas, without necessarily reducing the bycatch of common dolphins. … This reasoning was one of the reasons for the Commission decision to reject the UK request for emergency action to ban pelagic trawling for bass in the Western Channel in August 2004. Since then, no new scientific information has been made available that could justify a change in this analysis.”
“Measures to limit fisheries or modify fishing behaviour when dolphins are present (both spatially and temporally) may seem a logical and simple way to reduced bycatch in some fisheries. However, for such measures to work there needs to be a good understanding of the bycatch phenomena and other factors inducing its variation. Without having such understanding care should be taken in changing fishing effort from one area to another because the results may prove to be the opposite of what it was intended. … … dangers may exist inside a single fishery. Northridge et al. (in prep.) reported that a ban of an inshore area could induce higher levels of fishing effort offshore, in an area where common dolphins are more abundant. This approach to reducing the impact of fishing was discussed in depth by (the Scientific, Technical and Economic Committee for fisheries). ICES agrees with the conclusions of that report and agrees that at present there are no obvious areas in the European Union where fishery closures should be proposed.”
“Although it would be difficult to draw firm conclusions at such an early stage or to conclude that all of these results are as a direct consequence of the introduction of the 12 mile closure, the events since the closure do not appear to date to support the contention that it would result in an increased rate of bycatch.”
“I am also aware that the recent by-catch figures show a dramatic reduction from last year. While we are unsure of the precise impact of the ban in contributing to or in achieving this reduction, it would seem perverse to reverse an apparently positive environmental measure (the prohibition) until we have had more time to assess its impact, because we failed to give greater attention to a theory that has not turned out to be correct. Certainly there is, at least to date, no basis on which it could be concluded that events have borne out Greenpeace’s current argument. On the contrary, it appears that the ban has had the desired deterrent effect on opportunistic fishers and that this has significantly enhanced its effectiveness in reducing bycatch -- thus making it a limited but positive domestic measure while we strive to achieve a broader, European-wide, solution for the long term.”
“… I do urge some of these (non-governmental) organisations to recognise that it’s in fact been the British Government that has taken the lead on this, and that if they care about dolphins and porpoises what we really need to do is to persuade particularly France but the rest of the EU that this is something to be taken seriously. We can act unilaterally in the UK, of course we can, and ban bass pair trawl fishing within our 12 mile limit – very little of it actually goes on within our 12 mile limit, and there are very few UK boats involved. So it would be more of a gesture really than anything that would actually help the dolphin and porpoise population. …”
“… there are steps that we can take unilaterally. They won’t make a great deal of difference to the dolphins because, as you’re aware, the vast bulk of this fishery is conducted outside our 12 mile limit by French vessels, so it might make us feel a little bit better about ourselves but it won’t actually do much to help the dolphins. … We can restrict the numbers of our own boats, we can insist that they have scientists, scientists monitoring the trawl and we can ban the pair trawling within our own waters. That’s all we can do unilaterally. It’s a small step, it’ll help a little bit, but it won’t do what I think Lindy (Linda Hingley, of Brixham Sea Watch) and probably most of your listeners want which is a total ban to the pair trawl fishery. That’s something we haven’t achieved and we need, as I say, cross EU-wide action to achieve.”