92001E3546

WRITTEN QUESTION E-3546/01

by Erik Meijer (GUE/NGL) to the Commission

(8 January 2002)

Subject: Monitoring of the use of double nets to reduce effective mesh sizes and increase catches of fish

1. Is the Commission aware that some fishermen reduce the mesh size of their trawls to less than 80 mm by attaching a second trawl, the inner trawl, inside the bottom of the first in such a way that the meshes of the two nets cross each other, considerably reducing the effective mesh size, so that smaller fish are also caught and the sea can be cleared of the last remnants of its fish stocks?

2. Is it true that, so far, inner trawls have only been detected by means of inspection vessels visiting fishing boats while they are operating at sea with the aim of catching fishermen using such trawls red-handed, and not by means of preventive action before fishing boats leave port?

3. What is there to prevent checks for inner trawls being carried out before fishing boats leave port? Is it prevented by European legislation or by differing rules imposed by Member States?

4. What will the Commission do to ensure that inspections are not confined to the use of inner trawls at sea but begin at the preparatory stage in port to combat the use of inner trawls?

Source: Rotterdams Dagblad, 30 November 2001

Answer given by Mr Fischler on behalf of the Commission

(13 February 2002)

The Commission is aware of the use of mesh size obstructing devices. Such as blinders (Dutch translation binnenkuil) occurring notably in certain fisheries such as the sole fishery. This problem is mentioned in the report on the monitoring of the implementation of the Common Fisheries Policy (CFP)(1).

However mesh size obstructing devices such as blinders have not only been detected at sea. The competent authorities in the Netherlands have operated over the past an inspection programme where vessels suspected for using blinders were searched in ports. After initial inspection results, the persons responsible for the operation of those vessels adapted to this inspection practice. Indeed, blinders were no longer detectable when suspected vessels were searched in ports. Inspectors observed that masters used other methods to restrict the legal mesh size. Codends were notably bound together with ropes snapping when the gear is hauled. Such practices can only be checked when inspecting at sea.

In accordance with Community rules, the responsibility of controlling the application of Community legislation lies with Member States.

In accordance with Community legislation the use of any devices restricting mesh size other than those defined in Commission Regulation (EEC) No 3440/84 of 6 December 1984 on the attachment of devices to trawls, Danish seines and similar nets(2), are prohibited.

In accordance with Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy(3), inspection applies to all activities in the fisheries sector at sea as well as on land. Member States shall take the appropriate measures including the allocation of budget and means of inspection, in order to ensure that the rules of the Common Fisheries Policy, and in particular the legal mesh size and minimum fish sizes, are complied with. Furthermore, in accordance with the said regulation, the level of sanctions adopted as follow-up of infringement must effectively deter non compliance with applicable measures. The protection of juvenile fish is essential for the reproduction of fish stocks. Irresponsible fishing conduct such as the use of blinders to restrict legal mesh is, therefore, condemned by the main stakeholders. Against this background, the Commission urges Member States to combat the above practices including by inspections both at sea and on land.

(1) COM(2001) 526 final.

(2) OJ L 318, 7.12.1984.

(3) OJ L 261, 20.10.1993.