Regulation of the Minister for Economic Affairs, Agriculture and Innovation of PM, no PM, amending Uitvoeringsregeling visserij for the closure of areas to shrimp fishing and trawl fisheries in the Vlakte van de Raan,
ANNEX IIISupplementary provisions
ANNEX III Regulation of the Minister for Economic Affairs, Agriculture and Innovation of PM, no PM, amending Uitvoeringsregeling visserij for the closure of areas to shrimp fishing and trawl fisheries in the Vlakte van de Raan, THE MINISTER FOR ECONOMIC AFFAIRS, AGRICULTURE AND INNOVATION, Having regard to Articles 3, 4 and 6d of the Reglement zee- en kustvisserij 1977 ; Decrees as follows: Article I The Uitvoeringsregeling visserij shall be amended as follows: A In Article 13, under b, the phrase ‘in the areas referred to in annex 3a and annex 5’ shall be replaced by ‘in the areas referred to in annexes 3a, 3b and 5’. The Article shall thus read: Article 13 It shall be prohibited to fish with: a. trawl nets with or without tickler chains in the Eastern Scheldt east of the Eastern Scheldt dam, and b. trawl nets with tickler chains in the areas mentioned in Annexes 3a, 3b and 5. B In Article 35(1) under b, the phrase ‘in the areas referred to in annexes 3, 3a and 5’ shall be replaced by ‘in the areas referred to in annexes 3, 3a, 3b and 5’. C In Article 35(1) under c, the phrase ‘in the areas referred to in annexes 3a en 6’ shall be replaced by ‘in the areas referred to in annexes 3a, 3b and 6’. Article 35 shall thus read: Article 35 1. A licence within the meaning of Article 33 shall not be granted for: a. Fishing in the area mentioned in annex 3; b. Fishing with fishing gear fit for the catching of shellfish in the areas mentioned in annex 3, 3a, 3b and 5 and c. Fishing with fishing gear fit for the catching of shrimps in the areas mentioned in annex 3a, 3b and 6. 2. By way of derogation from the first paragraph, introduction and part b of this Article, a licence can be granted for fishing cockles without mechanical means in the areas mentioned in annex 5a. D The annex attached to this regulation shall be inserted after annex 3a, as annex 3b. Article II This regulation shall enter into force on the day following the day of its publication in the Official Gazette. This regulation, the annex and the explanatory note shall be published in the Official Gazette. THE MINISTER FOR ECONOMIC AFFAIRS, AGRICULTURE AND INNOVATION, dr. Henk Bleker Annex referred to in Article I, part D Annex 3b. Indications of the areas in the Vlakte van de Raan, as part of Article 35(1). I. Vlakte van de Raan, No 13 The area bounded by the line passing through the following coordinates: N. Lat. E. Long. 51 31 062 3 21 612 51 30 902 3 21 966 51 30 682 3 21 706 51 30 842 3 21 352 II. Vlakte van de Raan, No 14 The area bounded by the line passing through the following coordinates: N. Lat. E. Long. 51 33 004 3 16 858 51 32 806 3 17 157 51 32 618 3 16 839 51 32 818 3 16 537 III. Vlakte van de Raan, No 15 The area bounded by the line passing through the following coordinates: N. Lat. E. Long. 51 30 815 3 16 479 51 30 682 3 16 861 51 30 445 3 16 644 51 30 578 3 16 263 Explanatory note 1. Summary of the regulation This regulation amends Uitvoeringsregeling visserij (hereinafter referred to as: the regulation). This amendment provides for the closure of three areas in the Vlakte van de Raan for seabed disturbing fisheries to study the effects of shrimp fisheries. 2. Background In 2012 a study will be launched into the effects of shrimp fisheries on benthic life in the Voordelta, North Sea Coastal Zone and Wadden Sea. The study aims to collect information to make an appropriate assessment in preparation of the issue of shrimp fisheries permits from 2014. The programme of this study requires some areas to be closed to all forms of seabed disturbing fisheries. These include three 500 × 500 m (25 ha.) areas in the Vlakte van de Raan in the Westerscheldt estuary. The closure enables the conduct of research into long-lived, vulnerable benthos species, the effects of shrimp fisheries on the seabed ecosystem and the scope and composition of by-catch. 3. Notification Seabed disturbing fishery activities must not take place in the three areas. This will affect both Dutch and foreign vessels as two of the areas concerned (Nos 14 and 15 ) lie in the three to six-mile zone. In accordance with EU directives Belgian and German vessels are allowed to conduct shrimp fishing in the above zone. In order to ensure that these research areas are free of fishing activities the European Commission was notified of the amending regulation on … 4. Summary of the regulation This regulation provides for the closure of three areas in the Westerscheldt estuary to shrimp and seabed disturbing fisheries to enable the conduct of the required study into the effects of shrimp fisheries. 5. Regulatory burden This regulation does not alter the administrative burden nor the compliance costs. The three areas closed for research cover a total area of 75 hectares, which makes up around 0,4 % of the Natura 2000 Vlakte van de Raan site. The shrimp sector needs the outcome of this study to apply for a new licence under the Nature Conservation Act from 1 January 2014. Neither the administrative burden nor the compliance costs are influenced. In order to keep the effects on businesses’ sales to a minimum, the three areas were selected in consultation with the shrimp sector and coordinated with environmental organisations. It can therefore be assumed that the option chosen is the least burdensome. This regulation affects a maximum of 215 shrimp fishermen. 6. Fixed dates for changes Following the Government decision to introduce fixed dates for changes in laws and regulations there are now four possible dates a year for ministerial regulations to take effect, while regulations must be published at least two months in advance. As the shrimp sector would benefit greatly from an early entry into effect of the regulation, it was decided to derogate from these dates. The areas need to be closed soon with a view to the study into the effects of shrimp fishing. The study must begin in the summer of 2012 as the results of the first year of study are deemed necessary for the licence application as from 2014. 7. Notes to the articles Article I Parts A, B, C and D The amendments made with this regulation are aimed at the closure of areas to shrimp fishing (parts B and C) and seabed fishing (part A). The closure affects areas identified in the annex inserted by Part D. The Minister for Economic Affairs, Agriculture and Innovation H. Bleker