42 Amendments of Diane DODDS related to 2012/0179(COD)
Amendment 95 #
Proposal for a regulation
Recital 2
Recital 2
(2) The Union is committed to implement the Resolutions adopted by the General Assembly of the United Nations, in particular Resolutions 61/105 and 64/72, which call on States and Regional Fisheries Management Organisations to ensure the protection of vulnerable deep-sea marine ecosystems from the destructive impact of bottom fishing gears, as well as the sustainable exploitation of deep-sea fish stocks.
Amendment 98 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) The development and adoption of the measures recommended by NEAFC to protect deep water vulnerable marine ecosystems against the adverse effects of bottom fishing gear, in accordance with resolutions 61/105 and 64/72, have been widely supported by the Union, and have been recognised by the General assembly of the United Nations as a very significant step towards achieving the goal of protecting vulnerable marine ecosystems and their biodiversity.
Amendment 100 #
Proposal for a regulation
Recital 2 b (new)
Recital 2 b (new)
Amendment 101 #
Proposal for a regulation
Recital 2 c (new)
Recital 2 c (new)
(2c) FAO guidelines on the management of deep-sea fisheries in the High Seas adopted in 2008, that the Union committed to respect and which define the concrete implementation of resolution 61/105 of the United Nations General Assembly, invite coastal States to apply the principles and methods they contain in their national courts. Given the example provided by the relevance of the measures recommended to the flag States by the NEAFC for waters beyond national jurisdiction, there is no reason for the coastal States in the NEAFC regulated area not to apply these measures in their own waters. It is therefore appropriate to provide that the measures recommended by NEAFC to protect vulnerable marine ecosystems in deep water against the adverse effects of bottom fishing gears shall apply 'mutatis mutandis' in EU waters, instead of any other modality.
Amendment 103 #
Proposal for a regulation
Recital 4
Recital 4
(4) In order to maintain necessary reductions in fishing capacity achieved so far in deep-sea fisheries, and to focus management measures on the most relevant part of the fleet for deep sea fisheries, it is appropriate to provide that fishing for deep-sea species is subject to a fishing authorisation which limits the capacity of vessels eligible to land deep-sea species. With a viewfish deep-sea species in a targeted manner. It is however necessary that fishing licenses are also delivered for bycatch fishing of deep-sea species, considering that all these fishing activities are likely to focus management measures on the part of the fleet most relevant for deep-sea fisheries, the fishing authorisations should be issued according to target or by- catch fisherycur in areas where deep water vulnerable marine ecosystems may be present, and that they should be protected against the adverse effects that may have these activities, including those using bottom gears. However, the Council and Parliament Regulation (EU) No xxx/2013 from xxx 2013 on the common fisheries policy defines a goal of eliminating discards that also apply to deep-sea species. The novelty of this new requirement should be taken into account so that vessels incidentally capturing deep-sea species and which are not currently subjected to a licensing regime for fishing, are not totally deprived of the opportunity to continue their traditional fishing activities.
Amendment 108 #
Proposal for a regulation
Recital 7
Recital 7
Amendment 115 #
Proposal for a regulation
Recital 8
Recital 8
Amendment 124 #
Proposal for a regulation
Recital 10
Recital 10
(10) Moreover, vessels which haveo wish to change gear in order to be able to stay in the fishery should be eligible for receiving financial assistance from the European Fisheries Fund provided that the new gear reduces the impact of fishing on non- commercial species and provided also that the national operational programme allows contributing to such measures.
Amendment 130 #
Proposal for a regulation
Recital 11
Recital 11
(11) Vessels targetfishing deep-sea species with otherin a targeted or accessory manner with bottom gear should not extend their range of operation according to their fishing authorisation within Union waters, unless expansion can be assessed as not carrying a significant risk of negative impact on vulnerable marine ecosystems. Similarly, wherever their area of activity may be, when finding indices of the presence of vulnerable marine ecosystems, they should avoid these locations in the future, pending whether these indices reflect a proved presence of vulnerable marine ecosystems.
Amendment 136 #
Proposal for a regulation
Recital 12
Recital 12
(12) Scientific advice concerning certain fish stocks found in the deep-sea indicates that these stocks are particularly vulnerable to exploitation, and that fishing for these stocks should be limited or reduced as a precautionary measurehowever there have been quantified improvements in some stocks such as the roundnose grenadier, blue ling and black scabbardfish. Fishing opportunities for deep-sea stocks should not go beyond those levels which are scientifically advised as precautionary. In the case of advice being absent for lack of sufficient information about stocks or species, no fishing opportunities should be allocated.
Amendment 139 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Regulation (EU) No xxx/2013 from the Council and the European Parliament from xxx 2013 on the common fisheries policy defines the rules which should govern the determination of opportunities in respect of the precautionary principle and aiming at quickly achieving maximum sustainable yield. There is no need to consider different ways from those defined as general, especially in spite of their particularly vulnerability to exploitation, several stocks of deep-water species with a major commercial interest are already recognised by ICES as being operated in accordance with the principle of maximum sustainable yield. The Commission may propose a framework for deep-sea species by-catch through a system of TACs and quotas, if it considers it necessary for their preservation.
Amendment 163 #
Proposal for a regulation
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) ‘deep-sea species’ means the species listed in Annex I and Ia (new);
Amendment 167 #
Proposal for a regulation
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
(e) ‘most vulnerable species’ means the deep-sea species indicated in the third column ‘Most vulnerable (x)’ of the table in Annex Ia (new);
Amendment 177 #
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. 'existing fishing areas' means fishing areas where fishing operations have been conducted since the entry into force of Council Regulation 2347/2002 of 16 December 2002 establishing specific access requirements and associated conditions applicable to fishing for deep- sea stocks;
Amendment 179 #
Proposal for a regulation
Article 3 – paragraph 2 b (new)
Article 3 – paragraph 2 b (new)
2b. 'new fishing areas' means fishing areas where no previous deep-water fishing operations have been documented
Amendment 180 #
Proposal for a regulation
Article 3 – paragraph 2 c (new)
Article 3 – paragraph 2 c (new)
2c. 'exploratory fishing' means fishing operations conducted in new fishing areas;
Amendment 181 #
Proposal for a regulation
Article 3 – paragraph 2 d (new)
Article 3 – paragraph 2 d (new)
2d. 'fishing vessel' means a Union vessel operating in the waters defined in Article 2 or a third country vessel operating in Union waters;
Amendment 185 #
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) the vessel's master records in the logbook a percentage of deep-seathe species defined in Annex I which is equal or superior to 1025% of the overall catch weight in the fishing daytrip concerned.
Amendment 192 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Fishing activities carried out in Union waters not targeting deep-sea species but catching deep-sea species as a by-catch, carried out by a Union fishing vessel, shall be subject to a fishing authorisation, which shall indicate deep-sea species as by-catch.
Amendment 194 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
Amendment 198 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
The aggregate fishing capacity measured in gross tonnage and in kilowatt of all fishing vessels holding a fishing authorisation issued by a Member State, allowing the targeted catch of deep-sea species, whether as target or by-catch species, as defined in Article 4 (2) shall at no time exceed the aggregate fishing capacity of vessels of that Member State which have landed 10 tonnes or more of deep-sea species during any of the two calendar years preceding the entry into force of this Regulation2009-2011, whichever year provides the higher figure.
Amendment 205 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Each application for a fishing authorisation allowing for the catch of deep-sea species whether as target or by- catch specithin areas of existing fishing activities, and for its renewal shall be accompanied by a description of the area where it is intended to conduct fishing activities, the type of gears, the depth range at which the activities will be deployed, and of the individual species targetedrelevant species.
Amendment 214 #
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6a Procedure for identification of areas of existing fishing activities The Commission shall identify areas of existing fishing activities in line with the provisions of Article 3 of the NEAFC recommendations on regulating bottom fishing, as quoted in Annex 2 a (new) of this Regulation.
Amendment 219 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. In addition to the requirements set out in Article 6, each application for a fishingn authorisation for targeted deep sea fisheries, as referred to in Article 4(1),fishing deep-water stocks that allows for the use of bottom gears in Union waters as rdeferred toined in Article 2(a), shall be accompanied by a detailed fishing plan specifyingor in waters under NEAFC jurisdiction as referred to in Article 2(c), shall:
Amendment 221 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the locations of the intended activities targeting deep-sea species in the deep-sea métier. The location(s) shall be defined by coordinates in accordance with the World Geodetic System of 1984list the bottom-sea gear that will be used;
Amendment 224 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) the locations, if any, of activities in the deep-sea métier during the last three full calendar years. Those location(s) shall be defined by coordinates limit the authorised fishing accordance with the World Geodetic System of 1984 and they shall circumscribe the fishing activities as closely as possible.tivities to existing fishing areas;
Amendment 227 #
Proposal for a regulation
Article 7 – paragraph 1 – point b a (new)
Article 7 – paragraph 1 – point b a (new)
(ba) provide for the respect of measures currently applying in the NEAFC framework;
Amendment 238 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Any fishing authorisation issued on the basis of an application made in accordance with paragraph 1 shall specify the bottom gear to be used and limit the fishing activities authorised to the area in which the intended fishing activity, as set out in paragraph 1(a), and the existing fishing activity, as set out in paragraph 1(b), overlap. However, the area of the intended fishing activity can be extended beyond the area of the existing fishing activity if the Member State has assessed and documented, based on scientific advice, that such extension would not have significant adverse impaWithout prejudice to Article 7 (1), fishing activities that are to take place in waters defined in paragraph 1 but that are defined as new fishing areas in the meaning of Article 3 paragraph 2b(new) shall be subject to a fishing authorisation. Applications for such authorisations shall include a detailed project for the exploratory fishing activity that follows the NEAFC guidelines outlined in Annex IIa(new). Applications will be accepted if it can be shown that the activity described will have no harmful effects on vulnerable marine ecosystems.
Amendment 242 #
Proposal for a regulation
Article 7 – paragraph 2 – point 1 (new)
Article 7 – paragraph 2 – point 1 (new)
(1) Applications for fishing authorisations in waters defined at Article 2 point b) shall fulfil the conditions set out in Regulation (EC) No 734/2008 of 15th July 2008 on the protection of vulnerable marine ecosystems in the high seas from the adverse impacts of bottom fishing gears.
Amendment 243 #
Proposal for a regulation
Article 7 – paragraph 2 – point 2 (new)
Article 7 – paragraph 2 – point 2 (new)
(2) Existing fishing areas, as defined under article 3 and provisions for identification, as set out in article 6a(new), correspond to: (a) in Union waters: fishing areas for which there is evidence of fishing activity in the period since the entry into force of Council Regulation 2347/2002 of 16th December 2002 establishing specific access requirements and associated conditions applicable to fishing for deep sea stocks. (b) in Union waters under NEAFC jurisdiction: existing fishing zones that are defined and established in the NEAFC framework, as mentioned in Annex IIb(new).
Amendment 244 #
Proposal for a regulation
Article 7 – paragraph 2 – point 3 (new)
Article 7 – paragraph 2 – point 3 (new)
Amendment 245 #
Proposal for a regulation
Article 7 – paragraph 2 – point 4 (new)
Article 7 – paragraph 2 – point 4 (new)
(4) In addition to the requirements in paragraph 5, by-catch authorisations, as defined in Article 4 (3) shall require the reporting of all species in Annex I, whether retained or discarded.
Amendment 246 #
Proposal for a regulation
Article 7 – paragraph 2 – point 5 (new)
Article 7 – paragraph 2 – point 5 (new)
(5) Fishing activities conducted in the framework of fishing authorisations referred to in Article 4 may be subject to the introduction of quantitative limits on the total amount of catches of the species included in Annex Ia (new) if such a limit is necessary
Amendment 251 #
Proposal for a regulation
Article 9
Article 9
Amendment 269 #
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) where the best scientific information available does not identify exploitation rates corresponding to the precautionary approach to fisheries management due to lack of sufficient data concerning a certain stock or species, nothe fishing opportunities may be allocated for the fisheries concernedfor the relevant fishing management period may not be fixed higher than the rates provided within the ICES approach for data limited stocks.
Amendment 278 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Council, acting in accordance with the Treaty, may decide to switching from the fixing of annual fishing opportunities for deep-sea species in terms of both fishing effort limits and catch limits to the fixing of only fishing effort limits for specific fisheries shall be decided in accordance with the Treaty.
Amendment 313 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The power to adopt delegated acts as referred to in Article 13 shall be conferred on the Commission for an indeterminateperiod of three years from the date of entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the three year period. The delegation of power shall be tacitly extended for periods of timean identical duration, unless the European Parliament or the Council oppose such extension no later than three months before the end of each period.
Amendment 318 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
Special fishing authorisations issued in accordance with Regulation (EC) No 2347/2002 shall remain valid until their replacement by fishing authorisations allowing the catch of deep-sea species issued in accordance with this Regulation, but shall in any case no longer be valid after 30 September 20124.
Amendment 321 #
Proposal for a regulation
Annex I
Annex I
Amendment 343 #
Proposal for a regulation
Annex 2 – point 3
Annex 2 – point 3
3. Discards shall be sampled in all deep-sea métiers. The sampling strategy for landings and discards shall cover all the species listed in Annex I and Ia as well as species belonging to the seabed ecosystem such as deep-water corals, sponges or other organisms belonging to the same ecosystem.
Amendment 344 #
Proposal for a regulation
Annex II a (new)
Annex II a (new)
Annex IIa Identification of existing bottom fishing areas 1. The mapping of existing fishing areas within European Union waters shall be given priority. 2. A preliminary map based on VMS data and other geo reference data presently available with the European Commission and the Member States shall be developed. 3. Member States having vessels involved in bottom fishing activities in the period 2003 to 2013 shall, for the purpose of paragraph 1, submit comprehensive maps of existing fishing areas to the European Commission according to the guidelines set out in annex 3 of the NEAFC recommendation on regulating bottom fishing. 4. The comprehensive map of existing bottom fishing areas referred to in paragraphs 1 and 3 shall be revised regularly to incorporate any relevant information.
Amendment 345 #
Proposal for a regulation
Annex II b (new)
Annex II b (new)
Annex IIb Bottom fishing activities in new bottom fishing areas 1. Upon entry into force of this regulation, all bottom fishing activities in new bottom fishing areas or with bottom gear not previously used in the area concerned, shall be considered as exploratory fisheries and shall be conducted in accordance with an Exploratory Bottom Fisheries Protocol to be adopted as soon as possible. Until such a protocol is adopted the provision set out in the protocol set out in Annex 1 of the NEAFC recommendation on regulating bottom fishing shall apply. 2. The exploratory bottom fishing activities shall be subject to the assessment procedure set forth in Article 5 of the NEAFC recommendation on regulating bottom fishing, with the understanding that particular care shall be taken in the evaluation of risks of the significant adverse impact on vulnerable marine ecosystems, in line with the precautionary approach. 3. Member States shall communicate the required information under the exploratory fisheries protocol referred to in paragraph 1 to the European Commission, together with the information or preliminary impact assessment referred to in Article 5, paragraph 3 (i), below. 4. Member States shall provide 1 year after entry into force of this Regulation, a report of the results of such activities to the European Commission. 5. Prior to commencing new bottom fishing activities based upon the results of exploratory bottom fisheries conducted in the prior two years, the European Commission shall review the assessments undertaken in accordance with Article 5 below and the results of the fishing protocols implemented by the participating fleets, and shall: (i) Authorise these bottom fishing to proceed and establish conservation and management measures to prevent significant adverse impacts on vulnerable marine ecosystems from individual bottom fishing activities and to ensure the long- term sustainability of deep sea fish stocks, or (ii) not authorize these bottom fishing activities to proceed. 6. Member States shall ensure that vessels flying their flag conducting exploratory fisheries have an observer on board. Observers shall collect data in accordance with a Vulnerable Marine Ecosystem Data Collection Protocol to be adopted as soon as possible. Until such a protocol is adopted, the interim protocol set out in Annex 2 of the NEAFC recommendation on regulating bottom fishing shall apply.