1. Introductory Text

  2. Article 1.The measures proposed by the United Kingdom for the protection...

  3. Article 2.This Decision is addressed to the Kingdom of Belgium, the...

  4. Signature

    1. ANNEX

      EXPLANATORY MEMORANDUM ON THE NOTIFICATION OF THREE BYELAWS TO PROHIBIT BOTTOM TOWED FISHING GEAR IN SPECIFIED AREAS IN UK TERRITORIAL WATERS

      1. Notification under art. 9 of Council Regulation (EC) No 2371/2002...

      2. 1. INTRODUCTION

      3. 2. EU LEGAL FRAMEWORK

        1. 2.1. Article 9 of Reg. 2371/2002 (Common Fisheries Policy Basic Regulation)...

        2. 2.2. Access to UK territorial waters

      4. 3. ENGLISH LEGAL FRAMEWORK

        1. 3.1. Marine and Coastal Access Act 2009 (MaCCA)

        2. 3.2. Conservation of Habitats and Species Regulations 2010 (Habitats Regulations)

      5. 4. THE REVISED APPROACH TO MANAGEMENT OF COMMERCIAL FISHERIES IN EUROPEAN...

      6. 5. PROPOSED MEASURES

      7. 6. ENFORCEMENT OF MEASURES

      8. 7. CONSULTATION OF RELEVANT MEMBER STATES, REGIONAL ADVISORY COUNCILS, AND THE...

        1. 7.1. Consultation dates

        2. 7.2. Responses to public consultation and MMO replies

        3. 7.3. Correspondence between the UK and the European Commission

      9. ANNEX I MARINE MANAGEMENT ORGANISATION MARINE AND COASTAL ACCESS ACT 2009 (2009...MARINE AND COASTAL ACCESS ACT 2009 (2009 c.23) THE LANDS...

        1. THE LANDS END AND CAPE BANK EUROPEAN MARINE SITE (SPECIFIED...

          1. Interpretation

            1. 1. In this byelaw, “the specified area” means Cape Bank as...

          2. Prohibition

            1. 2. No person shall use any bottom towed fishing gear in...

          3. Exemption for Scientific, Stocking or Breeding Purposes

            1. 3. This byelaw shall not apply to any person performing an...

          4. Citation

            1. 4. This byelaw may be cited as the Lands End and...

          5. Ls

        2. SCHEDULE Definition of Cape Bank

          1. Explanatory Note

      10. ANNEX II MARINE MANAGEMENT ORGANISATION MARINE AND COASTAL ACCESS ACT 2009 (2009...MARINE AND COASTAL ACCESS ACT 2009 (2009 c.23) THE START...

        1. THE START POINT TO PLYMOUTH SOUND AND EDDYSTONE EUROPEAN MARINE...

          1. Interpretation

            1. 1. In this byelaw:

          2. Prohibition

            1. 2. No person shall use any bottom towed fishing gear in...

          3. Exemption for Scientific, Stocking or Breeding Purposes

            1. 3. This byelaw shall not apply to any person performing an...

          4. Citation

            1. 4. This byelaw may be cited as the Start Point to...

          5. Ls

        2. SCHEDULE Definitions of Hatt Rock and Brentons

          1. Explanatory Note

      11. ANNEX III MARINE MANAGEMENT ORGANISATION MARINE AND COASTAL ACCESS ACT 2009 (2009...MARINE AND COASTAL ACCESS ACT 2009 (2009 c.23) THE HAISBOROUGH...

        1. THE HAISBOROUGH HAMMOND AND WINTERTON EUROPEAN MARINE SITE (SPECIFIED AREAS)...

          1. Interpretation

            1. 1. In this byelaw, “the specified areas” means Area 1 and...

          2. Prohibition

            1. 2. No person shall use any bottom towed fishing gear in...

          3. Exemption for Scientific, Stocking or Breeding Purposes

            1. 3. This byelaw shall not apply to any person performing an...

          4. Citation

            1. 4. This byelaw may be cited as the Haisborough Hammond and...

          5. Ls

        2. SCHEDULE Definitions of Area 1 and Area 2

          1. Explanatory Note

      12. ANNEX IV

        1. EVIDENCE BASE

          1. 1. Introduction

            1. 1.1. Site: Land’s End and Cape Bank SCI.

            2. 1.2. Land’s End and Cape Bank SCI has been designated on...

            3. 1.3. The bedrock reefs within this site are some of the...

            4. 1.4. The Department for Food, Environment, and Rural Affairs (Defra) has...

            5. 1.5. Bottom towed gear means any fishing gear which is pushed...

            6. 1.6. This IA has been prepared to outline the costs and...

            7. 1.7. Data and evidence to inform this IA has been gathered...

            8. 1.8. As part of the statutory byelaw process, drafts of the...

          2. 2. Rationale for intervention

            1. 2.1. In August 2012 Defra undertook a review into the management...

            2. 2.2. The revised approach is being implemented using an evidence based,...

            3. 2.3. Paragraphs 6(1) and 6(2) of the Habitats Directive require that,...

            4. 2.4. Regulation 8(1) of the Conservation of Habitats and Species Regulations...

            5. 2.5. Land’s End and Cape Bank SCI contains bedrock reef features...

            6. 2.6. This site lies across two administrative areas: 0-6nm and 6-12nm....

            7. 2.7. The specific location and extent of the bedrock reef feature...

            8. 2.8. Intervention is required to redress market failure in the marine...

            9. 2.9. Market failures occur when market does not deliver an efficient...

            10. 2.10. Government intervention is required to redress both these sources of...

          3. 3. Policy objectives and intended effects

            1. 3.1. The Marine and Coastal Access Act 2009 (MaCAA) established MMO...

            2. 3.2. The policy objective pertinent to this IA is to further...

            3. 3.3. The conservation objectives of this site are:

            4. 3.4. The intended effects are that the risk of deterioration of...

          4. 4. The options

            1. 4.1. As part of Defra’s revised approach, the preferred management tools...

              1. 4.1.1. Option 1: Do nothing

              2. 4.1.2. Option 2: Voluntary agreement

              3. 4.1.3. Option 3: MMO byelaw prohibiting bottom towed gear throughout the...

              4. 4.1.4. Option 4: MMO byelaw to prohibit bottom towed gears over...

              5. 4.1.5. Management of activity through a statutory instrument, regulating order or...

            2. 4.2. Recommended Option:

              1. 4.2.1. MMO byelaw to prohibit bottom towed gears over the bedrock...

              2. 4.2.2. This option is recommended because it is the most cost...

          5. 5. Evidence base

            1. 5.1. Impacts of bottom towed gear activity on bedrock reef:

            2. 5.2. Bedrock reef feature distribution

          6. 6. Sectors affected

            1. 6.1. Fishing industry: The main vessels affected from the prohibition will...

            2. 6.2. Local economies and society: The potential for social and economic...

            3. 6.3. Enforcement bodies: The lead responsibility of enforcing the proposed prohibited...

          7. 7. Analysis of costs and benefits

            1. 7.1. Costs for recommended option

              1. 7.1.1. The prohibition of bottom towed gear in the proposed area...

              2. 7.1.2. Costs to the fishing industry, including potential displacement costs, and...

            2. 7.2. Analysis of fisheries costs

              1. 7.2.1. Information used to assess the impacts of the proposed closure...

            3. 7.3. Uncertainty and data assumptions

              1. 7.3.1. Average cost estimates have been based on UK landings values...

              2. 7.3.2. The proposed prohibited area values detailed in Table 1 have...

              3. 7.3.3. Information gathered from fishers and other stakeholders during the pre-consultation...

              4. 7.3.4. Other member state landings data is limited as the majority...

            4. 7.4. Fishing activities within Land’s End and Cape Bank SCI

              1. 7.4.1. The majority of the UK vessels which operated within ICES...

              2. 7.4.2. The main species landed are pelagic fish, crustaceans, demersal fish...

              3. 7.4.3. French and Belgian vessels have legal access rights in the...

              4. 7.4.4. The majority of French and Belgian vessels which operate within...

              5. 7.4.5. A pre-consultation meeting was held with the Belgian fishing industry...

              6. 7.4.6. Formal consultation responses from both the Belgian and French fishing...

            5. 7.5. Valuation of affected landings

              1. United Kingdom

                1. 7.5.1. The direct impact on fishing vessels would be a reduction...

                2. 7.5.2. Calculation of affected landings from ICES statistical rectangle area 29E4...

                3. 7.5.3. Estimated values of landings within the SCI have been calculated...

                4. 7.5.4. It has been estimated that within the proposed prohibited area...

                5. 7.5.5. The estimated total cost is likely to be an overestimation...

              2. France and Belgium

                1. 7.5.6. From the analysis of VMS data the vast majority of...

                2. 7.5.7. The Belgian Fishery primarily target Sole in this area and...

                3. 7.5.8. However, Figures 3 and 4 indicate that most fishing activity...

            6. 7.6. Likely effects on fishing fleet from closure

              1. 7.6.1. As the estimated loss of landings is expected to be...

            7. 7.7. Adaptability

              1. 7.7.1. In order to assess the likely effects of the proposed...

              2. 7.7.2. Fishers were asked to complete a questionnaire to inform this...

              3. 7.7.3. As a result of introducing the preferred option (a specified...

              4. 7.7.4. It is envisaged that proof of advances in gear technology...

            8. 7.8. Indirect costs

              1. 7.8.1. Environmental costs

            9. 7.9. Administrative and enforcement costs

              1. 7.9.1. The MMO will undertake intelligence led, risk based enforcement approach...

              2. 7.9.2. The enforcement of the proposed byelaw will be met within...

            10. 7.10. Benefits of recommended option

              1. 7.10.1. The exclusion of bottom towed gear from the proposed prohibited...

            11. 7.11. Environmental benefits

              1. 7.11.1. The bedrock reef within the SCI are some of the...

              2. 7.11.2. The SCI comprises two main areas of reef that are...

              3. 7.11.3. Reefs also provide some degree of coastal protection and are...

              4. 7.11.4. A protected reef habitat is a natural refuge for creating...

              5. 7.11.5. The benefits of this byelaw are to afford appropriate protection...

              6. 7.11.6. The environmental benefits from the introduction of this byelaw will...

            12. 7.12. Socio-economic benefits

              1. 7.12.1. There is a possibility that the maintained condition of the...

              2. 7.12.2. Implementing a zoned approach to management rather than closing the...

            13. 7.13. Distribution of costs and benefits

              1. 7.13.1. The distribution of social and economic costs is predominantly at...

                1. Annex A: Notes of UK fishery statistics data extraction and...

                2. Annex B: Notes of Non-UK fishery statistics data

        2. ANALYSIS OF NON-UK VESSEL VMS ACTIVITY IN ICES RECTANGLES COVERING...

          1. Methodology used:

        3. SUMMARY OF ACTIVITY BY BELGIAN AND FRENCH VESSELS IN ICES...

      13. ANNEX V

        1. EVIDENCE BASE

          1. 1. Introduction

            1. 1.1. Site: Start Point to Plymouth Sound and Eddystone SCI

            2. 1.2. Start Point to Plymouth Sound and Eddystone SCI has been...

            3. 1.3. The bedrock reefs within this site are some of the...

            4. 1.4. The Department for Food, Environment, and Rural Affairs (Defra) has...

            5. 1.5. Bottom towed gear means any fishing gear which is pushed...

            6. 1.6. This IA has been prepared to outline the costs and...

            7. 1.7. Data and evidence to inform this IA at the evidence...

            8. 1.8. As part of the statutory byelaw process, drafts of the...

          2. 2. Rationale for intervention

            1. 2.1. In August 2012 Defra undertook a review into the management...

            2. 2.2. The revised approach is being implemented using an evidence based,...

            3. 2.3. Paragraphs 6(1) and 6(2) of the Habitats Directive require that,...

            4. 2.4. Regulation 8(1) of the Conservation of Habitats and Species Regulations...

            5. 2.5. Start Point to Plymouth Sound and Eddystone SCI contains bedrock...

            6. 2.6. The Eddystone part of this site lies across two administrative...

            7. 2.7. The specific location and extent of the bedrock reef features...

            8. 2.8. Intervention is required to redress market failure in the marine...

            9. 2.9. Market failures occur when the market does not deliver an...

            10. 2.10. Government intervention is required to redress both these sources of...

          3. 3. Policy objectives and intended effects

            1. 3.1. The Marine and Coastal Access Act 2009 (MaCAA) established MMO...

            2. 3.2. The policy objective pertinent to this IA is to further...

            3. 3.3. The conservation objectives of this site are:

            4. 3.4. The intended effects are that the risk of deterioration of...

          4. 4. The options

            1. 4.1. As part of Defra’s revised approach, the preferred management tools...

              1. 4.1.1. Option 1: Do nothing

              2. 4.1.2. Option 2: Voluntary agreement

              3. 4.1.3. Option 3: MMO byelaw prohibiting bottom towed gear throughout the...

              4. 4.1.4. Option 4: MMO byelaw to prohibit bottom towed gears over...

              5. 4.1.5. Option 5: Management of activity through a statutory instrument, regulating...

            2. 4.2. Recommended Option:

              1. 4.2.1. MMO byelaw to prohibit bottom towed gears over the bedrock...

              2. 4.2.2. This option is recommended because it is the most cost...

          5. 5. Evidence Base

            1. 5.1. Impacts of bottom towed gear activity on bedrock reef

              1. 5.1.1. The available evidence consisting of empirical studies quantifying the impact...

            2. 5.2. Bedrock reef feature distribution

          6. 6. Sectors affected

            1. 6.1. Fishing industry: The main vessels affected are scallop dredgers, beam...

            2. 6.2. Local economies and society: The potential for social and economic...

            3. 6.3. Enforcement bodies: The lead responsibility of enforcing the proposed prohibited...

          7. 7. Analysis of costs and benefits

            1. 7.1. Costs for recommended option

              1. 7.1.1. The prohibition of bottom towed gear in the proposed area...

              2. 7.1.2. Costs to the fishing industry, including potential displacement costs, and...

            2. 7.2. Analysis of fisheries costs

              1. 7.2.1. Information used to assess the impacts of the proposed closure...

            3. 7.3. Uncertainty and data assumptions

              1. 7.3.1. Average cost estimates have been based on UK landings values...

              2. 7.3.2. The proposed prohibited area values detailed in Table 1 have...

              3. 7.3.3. Information gathered from fishers and other stakeholders during the pre-consultation...

              4. 7.3.4. Other member state landings data is limited as the majority...

            4. 7.4. Fishing activities within Start Point to Plymouth Sound and Eddystone...

              1. 7.4.1. The majority of the UK vessels which operated within ICES...

              2. 7.4.2. The main species landed are scallops, crabs, sprats and pilchards....

              3. 7.4.3. French and Belgian vessels have legal access rights in the...

              4. 7.4.4. The majority of foreign vessels which operate within the ICES...

              5. 7.4.5. VMS data from the French and Belgian fleet show little...

              6. 7.4.6. A pre-consultation meeting was held with the Belgian fishing industry...

              7. 7.4.7. Formal consultation responses from the Belgian fishing industry representatives confirmed...

            5. 7.5. Valuation of affected landings

              1. United Kingdom

                1. 7.5.1. The direct impact on fishing vessels would be a reduction...

                2. 7.5.2. Calculation of affected landings from ICES rectangle area 29E5 and...

                3. 7.5.3. Estimated values of landings within the SCI have been calculated...

                4. 7.5.4. It has been estimated that within the MMO prohibited area...

                5. 7.5.5. The estimated total cost is likely to be an overestimation...

              2. France and Belgium

                1. 7.5.6. From the analysis of VMS data the vast majority of...

                2. 7.5.7. The Belgian Fishery primarily target Plaice in this area and...

            6. 7.6. Likely effects on fishing fleet from closure

              1. 7.6.1. As the estimated loss of landings is low it is...

            7. 7.7. Adaptability

              1. 7.7.1. In order to assess the likely effects of the proposed...

              2. 7.7.2. Fishers were asked to complete a questionnaire to inform this...

              3. 7.7.3. As a result of introducing the preferred option (a specified...

              4. 7.7.4. It is envisaged that proof of advances in gear technology...

            8. 7.8. Indirect costs

              1. 7.8.1. Environmental costs

              2. 7.8.2. There will be minimal potential for increased costs in terms...

              3. 7.8.3. There is potential for increased fishing effort within the corridors...

            9. 7.9. Administrative and enforcement costs

              1. 7.9.1. The MMO will undertake intelligence led, risk based enforcement approach...

              2. 7.9.2. The enforcement of the proposed byelaw will be met within...

            10. 7.10. Benefits of recommended option

              1. 7.10.1. The exclusion of bottom towed gear from the proposed prohibited...

            11. 7.11. Environmental benefits

              1. 7.11.1. The bedrock reef within the SCI are some of the...

              2. 7.11.2. The inshore reefs comprise coastal reef associated with the extension...

              3. 7.11.3. Reefs also provide some degree of coastal protection and are...

              4. 7.11.4. A protected reef habitat is a natural refuge for creating...

              5. 7.11.5. The benefits of this byelaw are to afford appropriate protection...

              6. 7.11.6. The environmental benefits from the introduction of this byelaw will...

            12. 7.12. Socio-economic benefits

              1. 7.12.1. There is a possibility that the maintained condition of the...

              2. 7.12.2. Implementing a zoned approach to management rather than closing the...

            13. 7.13. Distribution of costs and benefits

              1. 7.13.1. The distribution of social and economic costs is predominantly at...

              2. Annex A: Notes of UK fishery statistics data extraction and...

              3. Annex B: Notes of Non-UK fishery statistics data

        2. ANALYSIS OF NON-UK VESSEL VMS ACTIVITY IN ICES RECTANGLES COVERING...

          1. Methodology used:

        3. SUMMARY OF ACTIVITY BY BELGIAN AND FRENCH VESSELS IN ICES...

      14. ANNEX VI

        1. EVIDENCE BASE

          1. Introduction

            1. 1.1. Site: Haisborough, Hammond and Winterton SCI.

            2. 1.2. Haisborough, Hammond and Winterton SCI has been designated for reef...

            3. 1.3. The Department for Food, Environment, and Rural Affairs (Defra) has...

            4. 1.4. Bottom towed gear means any fishing gear which is pushed...

            5. 1.5. This IA has been prepared to outline the costs and...

            6. 1.6. Data and evidence to inform this IA has been gathered...

            7. 1.7. As part of the statutory byelaw process, drafts of the...

          2. 2. Rationale for intervention

            1. 2.1. In August 2012 Defra undertook a review into the management...

            2. 2.2. The revised approach is being implemented using an evidence based,...

            3. 2.3. Paragraphs 6(1) and 6(2) of the Habitats Directive require that,...

            4. 2.4. Regulation 8(1) of the Conservation of Habitats and Species Regulations...

            5. 2.5. Haisborough, Hammond and Winterton SCI contains Sabellaria spinulosa reef features...

            6. 2.6. This site lies across three administrative areas: 0 to 6nm,...

            7. 2.7. The specific location and extent of the reef feature was...

            8. 2.8. Intervention is required to redress market failure in the marine...

            9. 2.9. Market failures occur when the market does not deliver an...

            10. 2.10. Government intervention is required to redress both these sources of...

          3. 3. Policy objectives and intended effects

            1. 3.1. The Marine and Coastal Access Act 2009 (MaCAA) established MMO...

            2. 3.2. The policy objective pertinent to this IA is to further...

            3. 3.3. The conservation objectives of this site are:

            4. 3.4. The intended effects are that the risk of deterioration of...

          4. 4. The options

            1. 4.1. As part of Defra’s revised approach, the preferred management tools...

              1. 4.1.1. Option 1: Do nothing

              2. 4.1.2. Option 2: Voluntary agreement

              3. 4.1.3. Option 3: MMO byelaw prohibiting bottom towed gear throughout the...

              4. 4.1.4. Option 4: MMO byelaw to prohibit bottom towed gears over...

              5. 4.1.5 Management of activity through a statutory instrument, regulating order or...

            2. 4.2. Recommended option:

              1. 4.2.1. MMO byelaw to prohibit bottom towed gears over the Sabellaria...

              2. 4.2.2. This option is recommended because it is the most cost...

          5. 5. Evidence Base

            1. 5.1. Impacts of bottom towed gear activity on Sabellaria spinulosa reef:...

            2. 5.2. Reef distribution

          6. 6. Sectors affected

            1. 6.1. Fishing industry: The main vessels affected are beam trawlers which...

            2. 6.2. Local economies and society: The potential for social and economic...

            3. 6.3. Enforcement bodies: The lead responsibility of enforcing the proposed prohibited...

          7. 7. Analysis of costs and benefits

            1. 7.1. Costs for recommended option

              1. 7.1.1. The prohibition of bottom towed gear in the proposed area...

              2. 7.1.2. Costs to the fishing industry, including potential displacement costs, and...

            2. 7.2. Analysis of fisheries costs

              1. 7.2.1. Information used to assess the impacts of the proposed closure...

            3. 7.3. Uncertainty and data assumptions

              1. 7.3.1. Average cost estimates have been based on UK landings values...

              2. 7.3.2. The proposed prohibited area values detailed in Table 1 have...

              3. 7.3.3. Information gathered from fishers and other stakeholders during the pre-consultation...

              4. 7.3.4. Other member state landings data is limited as the majority...

            4. 7.4. Fishing activities within Haisborough, Hammond and Winterton SCI

              1. 7.4.1. UK and Belgian vessels operate within the site targeting demersal...

              2. 7.4.2. The majority of the UK vessels which operate within ICES...

              3. 7.4.3. The majority of foreign vessels which operate within the ICES...

              4. 7.4.4. The main species landed are crabs, lobsters, cod, skates and...

              5. 7.4.5. VMS data from the Belgian fleet show no activity within...

              6. 7.4.6. A pre-consultation meeting with the Belgian fishing industry representatives was...

              7. 7.4.7. Formal consultation responses from the Belgian fishing industry representatives confirmed...

            5. 7.5. Valuation of affected landings

              1. United Kingdom

                1. 7.5.1. The direct impact on fishing vessels would be a reduction...

                2. 7.5.2. Calculation of affected landings from ICES rectangle area 35F1, 35F2,...

                3. 7.5.3. Estimated values of landings within the SCI have been calculated...

                4. 7.5.4. It has been estimated that within the proposed prohibited area...

                5. 7.5.5. The estimated total cost is likely to be an overestimation...

              2. Belgium

                1. 7.5.6. From the analysis of VMS data, Belgian fishing activity in...

                2. 7.5.7. Using the methodology referred in Annex B “Analysis of NON-UK...

                3. 7.5.8. However, the fact that the prohibited area equates to only...

            6. 7.6. Likely effects on fishing fleet from closure

              1. 7.6.1. As the estimated loss of landings is low and it...

              2. 7.6.2. It is expected that the impact on the Belgian fishing...

            7. 7.7. Adaptability

              1. 7.7.1. In order to assess the likely effects of the proposed...

              2. 7.7.2. Fishers were asked to complete a questionnaire to inform this...

              3. 7.7.3. As a result of introducing the preferred option (a specified...

              4. 7.7.4. It is envisaged that proof of advances in gear technology...

            8. 7.8. Indirect costs

              1. 7.8.1. Environmental costs

              2. 7.8.2. For the recommended option, there will be minimal potential for...

              3. 7.8.3. There is potential for increased fishing effort outside of the...

            9. 7.9. Administrative and enforcement costs

              1. 7.9.1. The MMO will undertake intelligence led, risk based enforcement approach...

              2. 7.9.2. The enforcement of the proposed byelaw will be met within...

            10. 7.10. Benefits of recommended option

              1. 7.10.1. The exclusion of bottom towed gear from the proposed prohibited...

            11. 7.11. Environmental benefits

              1. 7.11.1. The Sabellaria spinulosa reefs provide an important hard substrate within...

              2. 7.11.2. Sabellaria spinulosa reefs also provide some degree of coastal protection...

              3. 7.11.3. A protected reef habitat is a natural refuge for creating...

              4. 7.11.4. The benefits of this byelaw are to afford appropriate protection...

              5. 7.11.5. The environmental benefits from the introduction of this byelaw will...

            12. 7.12. Socio-economic benefits

              1. 7.12.1. There is a possibility that that the maintained or restore...

              2. 7.12.2. Implementing a zoned approach to management rather than closing the...

            13. 7.13. Distribution of costs and benefits

              1. 7.13.1. The distribution of social and economic costs are predominantly at...

          8. Annex A: Notes of fishery statistics data extraction and tables...

          9. Annex B: Notes of Non-UK fishery statistics data

        2. ANALYSIS OF NON-UK VESSEL VMS ACTIVITY IN ICES RECTANGLES COVERING...

          1. Methodology used:

        3. SUMMARY OF ACTIVITY BY BELGIAN VESSELS IN ICES RECTANGLES COVERING...