Commission Delegated Regulation (EU) 2017/117 of 5 September 2016 establishing fisheries conservation measures for the protection of the marine environment in the Baltic Sea and repealing Delegated Regulation (EU) 2015/1778

Article 1

Subject matter and scope

Article 2

Definitions

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, Article 4 of Council Regulation (EC) No 1224/2009 and Article 2 of Commission Implementing Regulation (EU) No 404/2011 (¹):

(a) ‘mobile bottom contacting gear’ means any of the following gear: 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 nets (SX), Danish anchor seine (SDN), Scottish seine (SSC), boat or vessel seine (SV), boat dredge (DRB), beach seine (SB), pair seine (SPR), hand dredges used on board a vessel (DRH) and mechanised dredges including suction dredges (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’ means the restricted areas that correspond to the geographical areas enclosed by sequentially joining with rhumb lines the positions listed in the Annex under the heading ‘Areas 1’ to this Regulation, which shall be measured according to the WGS84 coordinate system;

(d) ‘Areas 2’ means the restricted areas that correspond to the geographical areas enclosed by sequentially joining with rhumb lines the positions listed in the Annex under the heading ‘Areas 2’ to this Regulation, which shall be measured according to the WGS84 coordinate system;

(e) ‘Areas 3’ means the restricted areas that correspond to the geographical areas enclosed by sequentially joining with rhumb lines the positions listed in the Annex under the heading ‘Areas 3’ to this Regulation, which shall be measured according to the WGS84 coordinate system;

(f) ‘Alert zone’ means a 4 nautical-mile surrounding area established for the purpose of warning the competent authorities about fishing vessels approaching restricted areas classified as ‘Areas 2’.

Article 3

Fishing prohibition

It shall be prohibited to carry out any fishing activity with mobile bottom contacting gears:

(a) In Areas 1, 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 nets (SX), Danish anchor seine (SDN), Scottish seine (SSC), boat or vessel seine (SV), boat dredge (DRB).

(b) In Areas 2, all mobile bottom contacting gears shall be prohibited. Areas 2 shall be surrounded by an alert zone of 4 nautical miles where fishing shall be permitted.

The Member States concerned shall review the data on incidental catches of harbour porpoise annually and shall assess it by 31 December 2026 at the latest. The data on incidental catches or any relevant information, including scientific evidence on the use of acoustic deterrent devices in relation to harbour porpoise, shall be used in order to adjust the conservation measure referred to in this paragraph, pursuant to the procedure laid down in Articles 11 and 18 of Regulation (EU) No 1380/2013.

Article 4

Transit

Article 4a

Automatic identification system (AIS), vessel monitoring system (VMS) and other control systems approved by the competent authorities

Fishing vessels with a length overall below 12 metres carrying on board mobile bottom contacting gears and operating in Areas 2 or the alert zone shall be fitted with:

— a vessel monitoring system (VMS) as referred to in Article 9 of Regulation (EC) No 1224/2009, or

— an Automatic Identification System (AIS) as referred to in Article 10 of Regulation (EC) No 1224/2009, or

— any other device or system approved by the competent authority of the flag Member State, such as a mobile application, allowing the vessel to transmit, where applicable, the position with a frequency of transmission of at least 10 minutes, date and time, course, speed and external identification mark of the fishing vessel.

The flag Member State shall inform the coastal Member State of the system or device used on board of fishing vessels below 12 metres length within 3 months after the entry into force of this Regulation.

Article 5

Review

Article 6

Repeal

Delegated Regulation (EU) 2015/1778 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation and Commission Delegated Regulation (EU) 2017/118 (⁴) as appropriate.

Article 7

Entry into force

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX

AREAS 1

1. Natura 2000 site Munkegrund (DK00VA304)

2. Natura 2000 site Hatterbarn (DK00VA255)

3. Natura 2000 site Ryggen (DK00VA253)

4. Natura 2000 site Broen (DK00VA256)

5. Natura 2000 site Ertholmene (DK007X079)

6. Natura 2000 site Davids Banke(DK00VA308)

7. Natura 2000 site Bakkebrædt & Bakkegrund (DK00VA310)

8. Natura 2000 site Adler Grund og Rønne Banke (DK00VA261)