(10)

The identification of vulnerable marine ecosystems in areas not regulated by a regional fisheries management organisation is a work in progress and there is relatively limited scientific information in this respect. A depth limit for the deployment of bottom gears provides a precautionary protected boundary for deep water corals and sponges within the water column. A depth of 1 000 m represents a reasonable choice providing a suitable degree of protection while compatible with the continuation of bottom fisheries for demersal species generally found at shallower depths such as hake and squid. This depth restriction is also compatible with the progressive development, under this regulation, of area-based measures to fully protect sites where vulnerable ecosystems are known or likely to occur.

(10)

The identification of vulnerable marine ecosystems in areas not regulated by a regional fisheries management organisation is a work in progress and there is relatively limited scientific information in this respect.

(12a)

1.

This Regulation shall apply to Community fishing vessels carrying out fishing activities with bottom gears in the high seas.

1.

This Regulation shall apply to Community fishing vessels carrying out fishing activities with bottom gears in the high seas where these gears are in contact with the seabed in the normal course of fishing operations .

(a)

Under the responsibility of a regional fisheries management organisation of arrangement with competence to regulate such fishing activities;

(a)

Under the responsibility of a regional fisheries management organisation with the legal competence to regulate such fishing activities;

(b)

‘vulnerable marine ecosystem’ means any marine ecosystem whose specific structure and function is, according to the best scientific information available and to the principle of precaution , likely to be compromised by stress resulting from physical contact with bottom gears in the course of fishing operations, including inter alia reefs, seamounts, hydrothermal vents, cold water corals or cold water sponge beds ;

(b)

‘vulnerable marine ecosystem’ means any marine ecosystem whose specific structure and/or functions are likely to be compromised by the action of a specific external agent ;

(c)

‘bottom gears’ means bottom trawls, dredges, bottom-set gillnets, bottom-set longlines, pots and traps.

(c)

‘bottom gears’ means fishing equipment deployed on and in contact with the sea bed, such as bottom trawls, dredges, bottom-set gillnets, bottom-set longlines, pots and traps.

(b)

the targeted species,

(b)

the targeted species and species likely to be taken as by-catch ,

(c)

the depth at which the gears will be deployed ,

(c)

the gears used and depths at which they will be deployed ,

(d)

the configuration of the bathymetric profile of the seabed in the intended fishing grounds.

(d)

the configuration of the bathymetric profile of the seabed in the intended fishing grounds, should this information not already be available to the competent authorities of the vessel’s flag Member State .

(da)

2.

The competent authorities shall issue a special fishing permit after having carried out an assessment on the potential impacts of the vessel’s intended fishing activities and concluded that such activities are not likely to have significant adverse impacts on vulnerable marine ecosystems.

2.

The competent authorities shall issue a special fishing permit after having carried out an assessment on the potential impacts of the vessel’s intended fishing activities and concluded that such activities are not likely to have significant adverse impacts on vulnerable marine ecosystems. The duration of the special fishing permit shall not exceed that of the fishing plan.

4.

The competent authorities shall apply precautionary criteria in the conduct of the assessment referred to in paragraph 2. In case of doubt on whether the adverse impacts are significant or not, they shall consider that the likely adverse impacts resulting from the scientific advice provided are significant.

4.

The competent authorities shall apply precautionary criteria in the conduct of the assessment referred to in paragraph 2.

1.

Where, in the course of fishing operations, a fishing vessel encounters a vulnerable marine ecosystem, it shall immediately cease fishing, or refrain from engaging in fishing in the site concerned. It shall resume operations only when it has reached an alternative site at a minimum distance of 5 nautical miles from the site of the encounter within the area foreseen in its fishing plan provided for in Article 4(1).

1.

Where, in spite of the measures taken under Article 4, a scientific observer who has embarked in accordance with Article 12 obtains sufficient evidence that , in the course of fishing operations, a fishing vessel may have encountered a possible vulnerable marine ecosystem, that vessel shall immediately cease fishing, or refrain from engaging in fishing in the site concerned. It shall resume operations only when it has reached an alternative site at a minimum distance of 5 nautical miles from the site of the encounter within the area foreseen in its fishing plan provided for in Article 4(1).

2a.

3.

The fishing vessel shall report each encounter to the competent authorities without delay, providing precise information on the nature, location, time and any other relevant circumstances of the encounter.

3.

The fishing vessel shall report any such encounter without delay to the competent authorities, which shall, in turn, report to the Commission and the Member States as soon as possible , providing precise information on the nature, location, time and any other relevant circumstances of the encounter.

3a.

1.

On the basis of the best scientific information available on the occurrence or on the likelihood of occurrence of vulnerable marine ecosystems in the region where their fishing vessels operate, Member States shall identify areas that shall be closed to fishing with bottom gears. Member States shall implement these closures without delay in respect of their vessels and submit a report to the Commission in accordance with Article 13 .

1.

On the basis of the best scientific information available on the occurrence or on the likelihood of occurrence of vulnerable marine ecosystems in the region where their fishing vessels operate, Member States shall identify areas that shall be closed to fishing with bottom gears. Member States shall implement these closures without delay in respect of their vessels and notify the Commission without delay of the closure applied. The Commission shall forward this information as swiftly as possible to the other Member States .

1.

Each Member State shall assign scientific observers to the vessels to which a special fishing permit provided for in Article 3(1) is issued . The observers shall observe the fishing activities of the vessel throughout the execution of its fishing plan provided for in Article 4(1).

1.

A representative sample of the vessels to which the Member States have issued a special fishing permit provided for in Article 3(1) shall take a scientific observer on board. The total number of scientific observers shall be set by the Commission on a proposal from the Scientific, Technical and Economic Committee for Fisheries, on the basis of the zone and type of fishery. The number of scientific observers taken on board shall be proportionate to the number of vessels from each Member State which hold a special fishing permit. The Commission shall ensure a suitable rotation of scientific observers among the various vessels after each fishing trip. The scientific observers shall observe the fishing activities of the vessel throughout the execution of its fishing plan provided for in Article 4(1) and, in particular, shall perform the tasks referred to in paragraph 2 .

3a.

(aa)

2.

The Commission shall transmit the information contained in the report referred to in paragraph 1 to the relevant scientific bodies without delay.

2.

The Commission shall transmit the information contained in the report referred to in paragraph 1 to the relevant scientific bodies without delay, and to those Member States which request the information .