Commission Delegated Regulation (EU) 2023/340 of 8 December 2022 amending Delegated Regulation (EU) 2017/118 as regards conservation measures in Sylter Aussenriff, Borkum-Riffgrund, Doggerbank and Östliche Deutsche Bucht, and in Klaverbank, Friese Front and Centrale Oestergronden

1 This Regulation establishes fisheries conservation measures necessary for compliance with obligations under Article 6 of Directive 92/43/EEC, Article 4 of Directive 2009/147/EC and Article 13(4) of Directive 2008/56/EC.

2 This Regulation applies to fishing vessels in the North Sea.’

For the purposes of this Regulation, the following definitions shall apply in addition to those laid down in Article 4 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council, Article 4 of Regulation (EC) No 1224/2009, Article 2 of Commission Implementing Regulation (EU) No 404/2011 and Annex III of Regulation (EU) No 1379/2013 of the European Parliament and of the Council : (a) “mobile bottom contacting gear” means any of the following gears: bottom trawl (TB), beam trawl (TBB), bottom otter trawl (OTB), otter twin trawl (OTT), bottom pair trawl (PTB), nephrops trawl (TBN), shrimp trawl (TBS), seine (SX), Danish anchor seine (SDN), Scottish seine (SSC), Scottish pair seine (SPR), boat or vessel seine (SV), beach seine (SB), boat dredge (DRB), hand dredge used on board a vessel (DRH) and mechanised dredge including suction dredge (HMD); (b) “gillnets and entangling nets” means any of the following gears: gillnets (GN), set (anchored) gillnets (GNS), driftnets (GND), encircling gillnets (GNC), trammel nets (GTR) and combined trammel and gillnets (GTN); (c) “Areas 1” mean the geographical areas enclosed by sequentially joining with rhumb lines the positions listed in Annex I to this Regulation, measured according to the WGS84 coordinate system, or by separation lines between two Exclusive Economic Zones or the delimitation line of the territorial sea as set out in Annex I; (d) “Areas 2” mean the geographical areas enclosed by sequentially joining with rhumb lines the positions listed in Annex II to this Regulation, measured according to the WGS84 coordinate system, or by the delimitation line of the territorial sea as set out in Annex II; (e) “Areas 3” mean the geographical areas enclosed by sequentially joining with rhumb lines the positions listed in Annex IV to this Regulation, measured according to the WGS84 coordinate system; (f) “Areas 4” mean the geographical areas enclosed by sequentially joining with rhumb lines the positions listed in Annex VI to this Regulation, measured according to the WGS84 coordinate system, or by separation lines between two Exclusive Economic Zones or the delimitation line of the territorial sea as set out in Annex VI; (g) “Bratten” means the geographical area enclosed by sequentially joining with rhumb lines the positions listed in Annex III to this Regulation, measured according to the WGS84 coordinate system; (h) “AIS zones” means the geographical areas enclosed by sequentially joining with rhumb lines the positions listed in Annex V to this Regulation, measured according to the WGS84 coordinate system; (i) “Alert zones” mean the geographical areas listed as alert zones in Annex I, II and VI to this Regulation of 4 nautical miles surrounding each management zone, established only to alert the competent authorities to fishing vessels approaching certain protected areas, and where fishing activities are not prohibited; (j) “Member States concerned” means Belgium, Denmark, France, Germany, the Netherlands and Sweden.

1 It shall be prohibited to carry out any fishing activity with mobile bottom contacting gears in the following corresponding parts of Areas 1 referred to in Annex I: (a) in areas 1(1) to 1(13), except for the respective alert zones 1(10.az), 1(11.az), 1(12.az) and 1(13.az), the following gears shall be prohibited: bottom trawl (TB), beam trawl (TBB), bottom otter trawl (OTB), otter twin trawl (OTT), bottom pair trawl (PTB), nephrops trawl (TBN), shrimp trawl (TBS), seine (SX), Danish anchor seine (SDN), Scottish seine (SSC), Scottish pair seine (SPR), boat or vessel seine (SV), except for fishing activities with beam trawls and bobbin ropes with mesh size between 16 and 31 mm (TBB_CRU_16-31) in the traditional fishery targeting brown shrimp (Crangon spp.) in area 1(10)(b); (b) in addition, in areas 1(10) to 1(13), except for the respective alert zones 1(10.az), 1(11.az), 1(12.az) and 1(13.az), the following gears shall be prohibited: boat dredge (DRB) and mechanised dredge including suction dredge (HMD); (c) in addition, in areas 1(10) and 1(11), except for the respective alert zones 1(10.az) and 1(11.az), the following gears shall be prohibited: beach seine (SB) and hand dredge used on board a vessel (DRH).

2 It shall be prohibited to carry out: (a) fishing activities in areas 2(1) to 2(24) and 2(28) of Areas 2, except for the respective alert zone 2(28.az), (b) fishing operations in areas 2(25) to 2(27) of Areas 2.

3 Fishing shall be permitted in Areas 3 only with the following fishing gears and under the following conditions: (a) handheld gears like rod and line (LHP), (b) pelagic trawls (OTM and PTM), (c) pots and traps (FPO and FIX), when fishing for crustaceans, (d) gillnets and trammel nets (GTN), provided that fishing vessels take part in a national monitoring and assessing programme conducted by or on behalf of the national authorities to evaluate the bycatch of harbour porpoise and seabirds by use of remote electronic monitoring (“REM”), including the use of on-board closed-circuit television (“CCTV”) cameras and position data. As regards the first subparagraph of this paragraph, point (d), the Member States concerned shall review the data on incidental catches of harbour porpoise and seabirds annually and shall assess it by 31 December 2024. That data or any new appropriate data shall be used in order to adjust the use of the net fishery in those areas pursuant to the procedure laid down in Articles 11 and 18 of Regulation (EU) No 1380/2013.

4 Paragraph 2(b) and paragraph 3 shall also apply to recreational fisheries.

5 It shall be prohibited to carry out any fishing activity with gillnets (GN, GNS, GND and GNC) and entangling nets (GTR and GTN) in the following corresponding parts of Areas 4 referred to in Annex VI: (a) in area 4(1), except for the respective alert zone 4(1.az), any fishing activity with gillnets and entangling nets shall be prohibited all year round; (b) in area 4(2), except for the respective alert zone 4(2.az), any fishing activity with gillnets and entangling nets shall be prohibited during the seasonal closure from 1 March to 31 October; (c) in area 4(3), except for the respective alert zone 4(3.az), the annual total number of days of fishing activity with gillnets and entangling nets shall not exceed the annual average number of fishing days during which such gears were used in that area in the last 6 years before 8 March 2023; (d) in area 4(4), during the seasonal closure from 1 June to 30 November, the annual total number of days of fishing activity with gillnets and entangling nets shall not exceed the annual average number of fishing days during which such gears were used in that area between 1 June and 30 November in the period 2012-2016.

6 Where fishing activities are allowed with other gears than those prohibited under paragraphs 1, 3 and 5, the prohibited gears shall be lashed and stowed in accordance with the conditions laid down in Article 47 of Regulation (EC) No 1224/2009.’

1 Fishing vessels carrying on board any mobile bottom contacting gear that are not authorised to fish in areas 1(1) to 1(13), including the respective alert zones 1(12.az) and 1(13.az), and fishing vessels carrying on board gillnets and entangling nets that are not authorised to fish in areas 4(1) to 4(4), may transit across those respective areas provided that these gears be lashed and stowed during the transit in accordance with the conditions laid down in Article 47 of Regulation (EC) No 1224/2009.

2 Fishing vessels may transit across areas 2(1) to 2(28), provided that any gear carried on board be lashed and stowed in accordance with the conditions laid down in Article 47 of Regulation (EC) No 1224/2009.

3 The speed during transit for all fishing vessels that are not authorised to fish in areas 1(10) to 1(13), including the respective alert zones 1(12.az) and 1(13.az), area 2(28) and areas 4(1) to 4(3), shall not be less than six knots except in case of force majeure or adverse conditions, in accordance with Article 50(4)(b) of Regulation (EC) No 1224/2009. In such cases, the master shall immediately inform the fisheries monitoring centre of the flag Member State, which shall then inform the competent authorities of the coastal Member State.’

1 The following fishing vessels shall be fitted with and maintain in operation an automatic identification system (AIS) which meets the performance standards set out in Article 10(1) of Regulation (EC) No 1224/2009: (a) all fishing vessels present in the marine protected area Bratten; (b) all fishing vessels operating with mobile bottom contacting gears within the AIS-zones as specified in point 1 of Annex V to this Regulation; (c) all fishing vessels present in the AIS-zones as specified in point 2 of Annex V to this Regulation.

2 Fishing vessels of 12 m length overall or more shall increase the transmission frequency of the vessel monitoring system (VMS) to once every 10 minutes, whenever: (a) intending to enter or transit through areas 1(10) to 1(13) (Annex I), area 2(28) (Annex II) and areas 4(1) to 4(4) (Annex VI), including the respective alert zones 1(10.az) to 1(13.az), 2(28.az), 4(1.az) to 4(3.az); (b) carrying on board any prohibited gear during the closure period (1 June to 30 November) in area 4(4) (Annex VI); (c) carrying on board any prohibited gear and travelling under six knots in areas 1(12) and 1(13) (Annex I), including the respective alert zones 1(12.az) and 1(13.az).

3 Fishing vessels of 12 m length overall or more entering the alert zones shall record both the fishing gear carried on board and the fishing gear used in the electronic logbook, in accordance with Articles 14(2) and 15(1) of Regulation (EC) No 1224/2009.’

From 8 March 2023, Member States concerned shall monitor, assess and report on the implementation of the measures set out in Articles 3, 4 and 5, every three years for measures in areas 4(1) and 4(4) (Annex VI) under the Birds Directive, and every six years for measures in areas 1(10) to 1(13) (Annex I), area 2(28) (Annex II) and areas 4(2) and 4(3) (Annex VI) under the Habitats Directive and the Marine Strategy Framework Directive.’

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.