Annex 1A Dogger Bank H1110 typical species reported as bycatch in demersal

seining

1. Dead man’s finger

2. Helmeted crab

3. Swimming crab

4. Common Hermit Crab

5. Common starfish

6. Common brittle star

7. Serpent star

8. Sea urchins

9. Grey gurnard

10. Atlantic cod

11. Dab

12. Whiting

1

13. Lemon sole

14. Plaice

15. Thornback ray

16. Prickly cockle

17. Ocean quahog

18. Common whelk (spawning)

19. Red whelk

20. Common dragonet

21. Scaldfish

22. Solenette

23. Sandstar

24. Sea mouse

2

Number Species latin name Species common name Species group

Picture credit

1 Alconium digitatum Dead man’s finger anthozoan Wouter Lengkeek / Bureau Waardenburg

2. Corystes cassivelaunus Helmeted crab crustacean Steve Trewhella

3. Liocarcinus holsatus Swimming crab crustacean Gordon Lang

4. Pagarus bernhardus Common hermit crab crustacean Keith Hiscock

5. Asterias rubens Common star fish echinoderm Sue Scott

6. Ophiothrix fragilis Common brittlestar echinoderm Keith Hiscock

7. Ophiura ophiura Serpent star echinoderm Keith Hiscock

8. Psammechinus sp. Sea urchins echinoderm Sue Daly

9. Eutriglia gurnardus Grey gurnard fish Kare telnes

10. Gadus morhua Atlantic cod fish AP Images/European Union – EP

11. Limanda limanda Dab fish Alex Mustard 2020vision naturepl.com

12. Merlangius merlangus Whiting fish Pat Morris

13. Microstomus kitt Lemon sole fish Fiona Crouch

14. Pleuronectes platessa Plaice fish Keith Hiscock

15. Raja clavata Thornback ray fish Mark Thomas

16. Acanthocardia echinata Prickly cockle mollusc Kare Telnes

17. Arctica islandica Ocean quahog mollusc Paul Kay

18. Buccinum undatum Common whelk mollusc Gordon Lang

19. Neptunea antiqua Red whelk mollusc Scottish Natural Heritage

20 . Callionymus lyra Common dragonet fish Biopix JC Schou

21. Arnoglossus laterna Scaldfish fish Jjphoto.dk

22. Buglossidium luteum Solenette fish Aphotomarine

23. Astropecten irregularis Sandstar echinoderm Wilfried Bay-Nouailhat

24. Aphrodita aculeata Seamouse Annelid worm

Udo van Dongen

Sources reporting bycatch of these Doggerbank H1110 listed typical species:

1. Verkempynck R, van der Reijden K (2015) Overview Flyshoot data. In: UR IW, editor. Wageningen:

Kenniskring Flyshoot. pp. 16.

2. Van der Reijden, K.J., Verkempynck, R., Nijman, R.R., Uhlmann, S.S., van Helmond, A.T.M., Coers, A. 2014.

Discard self-sampling of Dutch bottom-trawl and seine fisheries in 2013. CVO report 14.007, IJmuiden,

CVO. 74 p.

3. Verschueren B (2015) Kenniskring Flyshoot - ILVO@UK153. In: (ILVO) IvLeV, editor. Oostende: ILVO.

4. Noack T, Eggers F, Frandsen RP, Krag LA, Madsen NAH (2016) - Danish seine - An Environmental Friendly

Fishing Method? In: Aqua D, editor. Poster session presented at ICES Symposium 2014, Tromsø, Norway.

Hirthals, Denmark.

5. Noack, T. 2017. Danish seine – Ecosystem effects of fishing. Technical University of Denmark, National

Institute of Aquatic Resources.

Sources 1-4 were analysed in Impact of demersal seine fisheries in the Natura 2000 area Dogger Bank, A review of

literature and available data; Report nr 16-224, Bureau Waardenburg, March 2017. Available at

https://www.buwa.nl/demersal-seining-doggersbank.html After publication of this report, source 5 was published

and thus was added to this overview.

3

Annex 1B Dogger Bank H1110 listed typical species considered sensitive to

bottom disturbance

25. Sea chervil

26. Sand mason worm

27. Beanlike tellin

28. Pelican foot

29. Sword razor shell

30. Common necklace shell

31. Faroe sunset shell

32. Rayed trough shell

Species latin name

Species common name

Species group Picture credit

25. Alcyonidium diaphanum

Sea chervil Bryozoa Keith Hiscock

26. Lanice conchilega Sand mason worm

Annelid worm Sue Scott

27. Angulus fabula Beanlike tellin Mollusc Rien Pronk

28. Aporrhais pespelecani

Pelican foot Mollusc Keith Hiscock

4

29. Ensis ensis Sword razor shell

Mollusc Paul Newland

30. Euspira pulchella Common necklace shell

Mollusc Wilfried Bay-Nouailhat

31. Gari fervensis Faroe sunset shell

Mollusc Kare Telnes

32. Mactra stultorum Rayed trough shell

Mollusc

Jessica M Winder

N.b. species that also fall within this category is Sandstar (Astropecten irregularis), but this species is already included in Annex 1A. Sources reporting these Dogger Bank H1110 listed typical species as being considered sensitive to bottom disturbance: 1. Van Moorsel, G.W.N.M. (2011), ‘Species and habitats of the international Dogger Bank’, Ecosub, Doorn, p. 21.

https://www.researchgate.net/publication/259802329_Species_and_habitats_of_the_international_Dogger_Bank

2. Rijnsdorp AD, Bos OG, Slijkerman D (2015) Impact Assessment of the Flyshoot fishery in Natura 2000 and MSFD areas on the Dutch continental shelf. Wageningen: IMARES Wageningen UR. C162/15 C162/15

3. Wijnhoven S, Duineveld G, Lavaleye M, Craeymeersch J, Troost K, et al. (2013) Naar een uitgebalanceerde selectie van indicator soorten ter evaluatie van habitats en gebieden en scenario’s hoe die te monitoren. Den Hoorn & Yerseke: NIOZ. 108 p.

4. Impact of demersal seine fisheries in the Natura 2000 area Dogger Bank, A review of literature and available data; Report nr 16-224, Bureau Waardenburg, March 2017. Available at https://www.buwa.nl/demersal-seining-doggersbank.html

5

Annex 1C Vulnerable, near threatened, threatened, endangered and critically

endangered species known to occur or to have occurred on Dogger

Bank (not listed as H1110 typical species by the Member States) and

observed as (by)catch in demersal seining

33. Starry ray (vulnerable)

34. Spiny Dogfish

35. Common skate (critically endangered)

36. Atlantic halibut (endangered)

37. Horse mussel beds (threatened and/or declining)

38. Haddock (vulnerable)

Species latin name

Species common name

Species group Picture credit

33. Amblyraja radiata Starry ray Fish Andy Murch

34. Squalus acanthias Spiny dogfish Fish Lill Haugen

35. Dipturus batis Common skate Fish Paul Kay

36. Hippoglossus hippoglossus

Atlantic halibut Fish Lundgren

37. Modiolus modiolus

Horse mussel beds

Mollusc Anon

38 Melanogrammus aeglefinus

Haddock Fish WWF-Canon Erling Svensen

Nb species that also fall within this category are Atlantic cod (vulnerable) and thornback ray (near threatened), but these species have already been included in Annex 1A Sources reporting species’ occurrence on the Dogger Bank and status as vulnerable, near threatened, (critically) endangered fish species and reported as catch in demersal seining:

6

1. Impact of demersal seine fisheries in the Natura 2000 area Dogger Bank, A review of literature and available data; Report nr 16-224, Bureau Waardenburg, March 2017. Available at https://www.buwa.nl/demersal-seining-doggersbank.html

2. Starry Ray IUCN redlist status https://www.iucnredlist.org/species/161542/5447511

3. Spiny Dogfish IUCN redlist status: https://www.iucnredlist.org/species/91209505/2898271

4. Common skate IUCN redlist status https://www.iucnredlist.org/species/39397/10198950

5. Atlantic halibut IUCN redlist status https://www.iucnredlist.org/species/10097/3162182

6. Horse mussel beds OSPAR list of threatened and/or declining species and habitats

https://www.ospar.org/documents?d=7193

7. Haddock IUCN redlist status: https://www.iucnredlist.org/species/13045/3406968

8. Noack T, Eggers F, Frandsen RP, Krag LA, Madsen NAH (2016) - Danish seine - An Environmental Friendly

Fishing Method? In: Aqua D, editor. Poster session presented at ICES Symposium 2014, Tromsø, Norway.

Hirthals, Denmark.

9. Noack, T. 2017. Danish seine – Ecosystem effects of fishing. Technical University of Denmark, National Institute

of Aquatic Resources.

10. Walker, P. A., Howlett, G., and Millner, R. 1997. Distribution, movement and stock structure of three ray

species in the North Sea and eastern English Channel. – ICES Journal of Marine Science, 54: 797–808.

11. Van Moorsel, G.W.N.M. (2011), ‘Species and habitats of the international Dogger Bank’, Ecosub, Doorn, p. 21.

https://www.researchgate.net/publication/259802329_Species_and_habitats_of_the_international_Dogger_

Bank

12. Plumeridge,A.A & Roberts,C.M. 2017. Conservation targets in marine protected area management suffer from

shifting baseline syndrome: A case study on the Dogger Bank, Marine Pollution Bulletin, Vol.116, Iss. 1–2,

2017, pp. 395-404, http://www.sciencedirect.com/science/article/pii/S0025326X17300115

13. Sguotti, Camilla & Lynam, Christopher & García-Carreras, Bernardo & Ellis, Jim & Engelhard, Georg. (2016).

Distribution of skates and sharks in the North Sea: 112 years of change. Global Change Biology. 22.

10.1111/gcb.13316.

7

Annex 1D Dogger Bank species known to be typically occurring on the Dogger

Bank (however not listed as H1110 typical species by the Member

States) and reported as catch

39. Sponges

40. Queen Scallop

41 Turbot

42. Lesser spotted dogfish

43. Pogge / Hooknose

44. Mackerel

45. European common squid

46. Sandeel

47. Atlantic wolf fish

48. Monkfish

49. Cuckoo ray

8

Species Latin name

Species common name

Species group Picture credit

39 Porifera sponges Porifera Keith Hiscock

40. Aequipecten opercularis

Queen scallop Mollusc Gordon Lang

41. Scophthalmus maximus

Turbot Fish Wijnand Vlierhuis

42. Scyliorhinus canicula

Lesser-spotted dogfish

Fish Peter Verhoog

43. Agonus cataphractus

Pogge / Hooknose

Fish Johan Bolckmans

44. Scomber scombrus

Mackerel Fish Erling Svensen

45. Allotheutis subulata

European common squid

Mollusc Floor Driessen

46. Ammodytes sp. Sandeel Fish Mark Thomas

47. Anarhichas lupus Atlantic wolffish Fish Fiona Crouch

48. Lophius piscatorus Monkfish Fish WWF Canon / Erling Svensen

49. Leucoraja naevus Cuckoo ray Fish Jim Greenfield

Sources reporting these Dogger Bank species known to be typically occurring on the Dogger Bank (however not listed as H1110 typical species by the Member States) and observed as catch in demersal seining: 1. Impact of demersal seine fisheries in the Natura 2000 area Dogger Bank, A review of literature and available

data; Report nr 16-224, Bureau Waardenburg, March 2017. Available at https://www.buwa.nl/demersal-seining-doggersbank.html

2. Verschueren B (2015) Kenniskring Flyshoot - ILVO@UK153. In: (ILVO) IvLeV, editor. Oostende: ILVO.

3. Noack, T. 2017. Danish seine – Ecosystem effects of fishing. Technical University of Denmark, National

Institute of Aquatic Resources.

4. Van Moorsel, G.W.N.M. (2011), ‘Species and habitats of the international Dogger Bank’, Ecosub, Doorn, p. 21. https://www.researchgate.net/publication/259802329_Species_and_habitats_of_the_international_Dogger_Bank

5. Rijnsdorp AD, Bos OG, Slijkerman D (2015) Impact Assessment of the Flyshoot fishery in Natura 2000 and MSFD areas on the Dutch continental shelf. Wageningen: IMARES Wageningen UR. C162/15 C162/15

6. Wijnhoven S, Duineveld G, Lavaleye M, Craeymeersch J, Troost K, et al. (2013) Naar een uitgebalanceerde selectie van indicator soorten ter evaluatie van habitats en gebieden en scenario’s hoe die te monitoren. Den Hoorn & Yerseke: NIOZ. 108 p.

7. Hattam, C., Atkins, J.P., Beaumont, N., Börger, T., Böhnke-Henrichs, A., Burdon, D., et al., 2015. Marine ecosystem services: linking indicators to their classification. Ecol. Indic. 49, 61–75. https://doi.org/10.1016/j.ecolind.2014.09.026.

8. Defra Marine Biodiversity Policy, Joint Nature Conservation Committee. 2011. Doggerbank Special Area of Conservation Impact Assessment 04/07/2011. http://jncc.defra.gov.uk/PDF/DoggerBankSACFinal%20IA_04Julcomplete.pdf

9. Annex I to the draft Joint Recommendation for Offshore Fisheries Management on the International Dogger Bank under the Common Fisheries Policy. Background Document. The Hague, Bonn, London, 17 December 2018 (Background Document)

10. Occurrence Atlantic wolf fish: https://www.marlin.ac.uk/species/detail/1747 | http://www.iobis.org/explore/#/taxon/402406 | https://www.youtube.com/watch?v=lAcZnh412oU accessed

9

January 2019. Catch of wolffish in flyshoot https://www.youtube.com/watch?v=WDJZUT3E06Y at 0:33 seconds

11. https://www.youtube.com/watch?v=WDJZUT3E06Y catch of monkfish in flyshoot at 10 min 10 seconds

10

Annex 1E Dogger Bank species known to occur or to have typically occurred

(however not listed as H1110 typical species by the Member States)

and considered sensitive to demersal seining

50. Greater horn wrack

51. Flat oyster

Species latin name

Species common name

Species group Picture credit

50. Flustra foliacea Greater horn wrack

Bryozoa Keith Hiscock

51. Ostrea edulis Flat oyster Mollusc WWF / ARK / Onderwaterbeelden

Sources reporting these Dogger Bank species known to have typically occurred or occur on the Dogger Bank (however not listed as H1110 typical species by the Member States) and considered sensitive to demersal seining: 1. Impact of demersal seine fisheries in the Natura 2000 area Dogger Bank, A review of literature and available

data; Report nr 16-224, Bureau Waardenburg, March 2017. Available at https://www.buwa.nl/demersal-seining-doggersbank.html

2. Olsen, O. T. (1883): The Piscatorial Atlas of the North Sea and St. George's Channels. Taylor and Francis, London.

3. Van Moorsel, G.W.N.M. (2011), ‘Species and habitats of the international Dogger Bank’, Ecosub, Doorn, p. 21. https://www.researchgate.net/publication/259802329_Species_and_habitats_of_the_international_Dogger_Bank

4. Rijnsdorp AD, Bos OG, Slijkerman D (2015) Impact Assessment of the Flyshoot fishery in Natura 2000 and MSFD areas on the Dutch continental shelf. Wageningen: IMARES Wageningen UR. C162/15 C162/15

5. Wijnhoven S, Duineveld G, Lavaleye M, Craeymeersch J, Troost K, et al. (2013) Naar een uitgebalanceerde selectie van indicator soorten ter evaluatie van habitats en gebieden en scenario’s hoe die te monitoren. Den Hoorn & Yerseke: NIOZ. 108 p.

11

Annex 2 Inability to control and enforce with current VMS frequency and

minimum transit speed

Fishing speed/hr (between 0.5-8 knots)

Km/h Distance in km between 2 VMS positions at 10 minute interval

Distance in km between 2 VMS positions at 30 minute interval

0.5 knots 0.93 0.16 0.47

1.5 knots 2.78 0.46 1.39

4 knots 7.4 1.23 3.7

6 knots 11.1 1,85 5.6

8 knots 14.82 2.47 7.41

12

1

1 Joint Recommendation Annex 4: Hamon, K. G., N. T. Hintzen, J. A. E. van Oostenbrugge, 2017. Overview of the international fishing activities on the Dogger Bank; Update with Dutch, British, Danish, German, Belgian, Swedish and French data for 2010-2015. Wageningen, Wageningen Economic Research, Memorandum 2017-050. 36 pp.; 10 fig.; 7 tab.; 7 ref. (nb this is Annex 4 to the Joint Recommendation Background Document), page 8.

13

Annex 3 The process leading to the proposed management measures of

fisheries activities in the Dogger Bank Natura 2000 sites

In the 2006 (EMPAS project) and the 2009 (FIMPAS project), respectively, Germany and the Netherlands – with the

advice of the International Council for the Exploration of the Sea (ICES) – started developing fisheries management

measures in the marine Natura 2000 sites in their Exclusive Economic Zones, including the Dogger Bank. In the

course of these projects, ICES produced several reports assessing the conservation status and recommended

management measures for the sites. We will reference these reports further down in this document.

In 2011 in Germany the Federal Agency for Nature Conservancy (BfN) and the Thünen Institute developed a

proposal to close 50% of the German Dogger Bank Natura 2000 site to all mobile bottom-contacting fishing gear.2

That same year the UK, the Netherlands and Germany established the Dogger Bank Steering Group (DBSG), with

the European Commission and Denmark acting as observers.3

Subsequently, in November 2011, the DBSG invited the then North Sea Regional Advisory Council (NSRAC; now

NSAC) to develop a proposal for a fisheries regime on the Dogger Bank that would achieve the objectives of the

Common Fisheries Policy and the Habitats Directive. For this purpose the NSAC established the NSAC Focus Group,

facilitated by MASPNOSE (co-funded by DG Mare). Under the DBSG’s terms of reference for the invitation to

NSRAC, this proposal would include two zones: a) a free zone where all legal gears within the CFP were allowed,

and, b) a management zone covering between 25%–55% of the total SAC area that represented all five of the

benthic communities present in the Dogger Bank, where fishing was limited to fishing gears that do not cause

deterioration of the natural habitats for which the site has been designated, “avoiding a patchy pattern of the

fisheries management zones in light of enforceability.4

Despite extensive discussions, no consensus in the NSRAC was reached regarding the percentage of the bank that

would be closed to fishing activities damaging for the site.5 Moreover, there was also disagreement about the

fishing methods that were to be allowed in the management zones.

In April 2012, not being able to deliver a common proposal on behalf of both the fishing sector and the NGOs, the

NSRAC Focus Group presented the DBSG with a position paper incorporating two separate proposals from,

respectively, the fisheries sector and the NGOs.

Upon receiving these two proposals, the DBSG asked ICES to develop a methodological framework for a third

option to be be developed by the DBSG, based on the two proposals, and based on all previous preparatory work

2 Sell, A.F., Pusch, C., von Dorrien, C., Krause, J., Schulze, T., Carstensen, D. (2011). Maßnahmenvorschläge für das Fischereimanagement in

Natura 2000-Gebieten der deutschen AWZ der Nord- und Ostsee. 299 p. 3 Burdon, Daryl, Suzanne J. Boyes, Michael Elliott, Katie Smyth, Jonathan P. Atkins, Richard A. Barnes, and Rüdiger K. Wurzel. "Integrating Natural and Social Sciences to Manage Sustainably Vectors of Change in the Marine Environment: Dogger Bank Transnational Case Study." Estuarine, Coastal and Shelf Science201 (2018): 234-47. Accessed April 15, 2018. doi:10.1016/j.ecss.2015.09.012. 4 Final position paper on fisheries management in relation to nature conservation for the combined area of 3 national Natura 2000 sites (SACs) on the Dogger Bank (April 2012). This position paper includes the DBSG’s Terms of Reference for the NSRAC. http://nsrac.org/wp-content/uploads/2016/12/NSRAC-1112-7-2012-04-09-Dogger-Bank-SACs-Position-Paper-FINAL.pdf 5 Ibid.

14

in the EMPAS and FIMPAS projects and the DBSG.6 The 3 options were then presented to ICES ACOM for scientific

advice on 4 September 2012. ICES delivered its advice to DBSG on 23 November 2012.

The fisheries sector submitted a revised management zones proposal in October 2012 in which they considered a

trade-off between the restrictions on fishing access imposed by the Forewind windfarms in the UK SAC and those

imposed by the management zones.7 Although the proposal came too late for ICES to include it in the comparative

analysis of their advice, it was available to the advice drafting group (see p. 12 of the background doc), and was

also taken into account by the DBSG in the current proposal of the Joint Recommendation.

On 27 March 2013, the Chair of the DBSG circulated a paper, revised 8 May 2013, entitled ‘The use of seines in the

Dogger Bank management zones’, concluding:

“- there is no general agreement on the ecological effect of the present level of seining;

- new developments (substitution of one gear by another) may lead to a level of effort of seining which will

definitely lead to impeding the achievement of the conservation objectives;

- that we do not know at which speed the substitution of traditional gears by seines will take place.8

- Against this background an unconditional permission for seines to be active in the management zones is

undesirable. Hence, the need to investigate whether the deadlock can be overcome by the adoption of

management measures”.

On 22 May 2013, on the basis of the three proposals and the aforementioned ICES advice, the UK, the Netherlands,

and Germany adopted a draft DBSG proposal.9 Of the Dogger Bank Natura 2000 sites, 33,8% of the Dogger Bank

SACs would be designated ‘management zones’, to be closed to mobile bottom-towed fisheries. However, flyshoot

and other demersal seine fishing were left out of the proposal, due to disagreement on the issue of bottom-

impact.

A demersal seine fishing vessel has long towing ropes extending from the wings of the seine, that herds the fish

into the path of the seine. The boat hauls the ropes simultaneously over the seafloor with (Danish seine or

anchored seine, SDN) or without (Scottish seine or fly-shoot, SSC) the use of an anchor.

In October 2015, disagreement still existed as the UK and Denmark wanted to allow seine fisheries in the Dogger

Bank Natura 2000 management zones, while at the same time, both Germany and the Netherlands adopted the

position that due to existing uncertainty on the effects of seining on the Dogger Bank benthic habitat, the

management zones in principle were to be closed to all bottom-impacting fisheries including seines.10

6 Background document, p. 11. 7 Fisheries Spatial Management Measures for the Dogger Bank SAC: Fishing Industry Amendment Proposal. 8 In an earlier version of the draft proposal of 21 March 2013 (version 6), a Dutch governmental offical (noted as ‘HN’) commented that all Member States were in favour of the need to prevent “extensive intensification” of seining effort, while recognising that current effort levels are “very low”. 9 Draft proposal, version 7, of 19 April 2013. 10 Letter of the Secretary of Economic Affairs to the Dutch House of Commons (Tweede Kamer) of 15 October 2015, Tweede Kamer, vergaderjaar 2015-2016, 29 664, nr. 134.

15

On 15 October 2015, in its letter to the Dutch House of Commons, the Secretary of Economic Affairs explained the

Dutch position at that time, as follows (translation by complainants):

- “On the basis of recent available literature there exists uncertainty as to the effects of flyshoot on the

benthic ecology”;

- “Concerning the Dogger Bank, it is estimated that, notwithstanding its dynamic character, on the Dogger

Bank, relatively many long lived species occur, sensitive to the impact of flyshoot”;

- “Moreover, the pressure of flyshoot could increase in the situation that other fisheries techniques like

beam trawling are being prohibited”.11

In the UK Dogger Bank Natura 2000 site, Creyke Beck and Teesside A and B wind farms were granted consent by

the Secretary of State in 2015 and pre-construction activities started in 2015.12 The Dutch government may further

be considering large-scale wind energy construction and an ‘energy island’ on the Dogger Bank.13

Somewhere in the period between October 2015 and May 2016 the Netherlands and Germany changed their

position and came to an agreement with the UK and Denmark, on, amongst other things, the proposal to allow

seining in the UK and Dutch management zones. In its letter of 6 April 2016 the NSAC Executive Committee

expressed its concerns to the Dogger Bank Steering Group that in the previous months – when the Netherlands

and Germany changed their position towards seining – the NSAC was not formally engaged as active observers to

the process of developing the Joint Recommendation. The NSAC regretted that, as a result, the important issue of

seining gear was not dealt with in a transparent way.14

11 Ibid, p. 1 and 2. 12 http://jncc.defra.gov.uk/page-6508 13 https://www.tennet.eu/news/detail/tennet-presents-hub-and-spoke-concept-for-large-scale-wind-energy-on-the-north-sea/ 14 Letter of Niels Wichmann, Chair of the NSAC Executive Committee to the Chairman of the Dogger Bank Steering Group, of 6 April 2016.

16

Annex 4 The fisheries industry and nature conservation organisation’s

proposals of 2012

a. Proposal by the fishing industry

Following a NSRAC workshop in 2011 the industry proposed 8 management areas within the notified Dogger Bank

SAC, representing 22% of the Dogger Bank Natura 20000 area15:

Boundary key: red = fishery management zones; pink = SAC UK sector; turquoise = SAC Dutch sector; Green = SAC

German Sector; Blue/yellow = Dogger Bank Round 3 planning zone and tranche 1 projects area.

The industry considered that their proposal therefore represented an optimisation approach where closures on

relatively lower fished areas minimised displacement risks and prevented creating higher levels of discarding. In

their view, higher percentages of closure would expect to generate diminishing additional returns to conservation.

The industry therefore saw their proposal as striking a balance between meeting the DBSG Terms of Reference and

implementing measures that would reduce fishing pressures within the SACs. The industry also considered it

necessary to rationalize proposed wind farm areas on the Dogger Bank with management zones to the extent

possible in order to further optimise fisheries management zones with wind farm proposals and conservation

considerations. They also supported a transition to reduced impact gears by building on current transition away

from beam trawl to twin rig and fly shooter and industry initiatives to trial alternative gears such as the Dutch

sumwing / pulse trawl and a Danish proposal to adapt sandeel trawls so that the doors do not contact with the

seabed.

15 For the rationale for the industry’s proposal, see http://nsrac.org/wp-content/uploads/2016/12/NSRAC-1112-7-2012-04-09-Dogger-Bank-SACs-Position-Paper-FINAL.pdf

17

b. Proposal by the NGO sector

Following a NSRAC workshop in 2011, the NGOs in the Other Interests Group developed the ‘working map’ shown

in Figure 1, below, representing 37% of the total area as management zones, in which the NGOs proposed adding

areas (red and yellow) to those of the industry (green) and Member States (purple).16

The NGOs, however, considered that this working map was still not optimal and needed further development, for

the following reasons:

● The map is a composition of areas selected by the fisheries sector, the Member States and the NGOs; the NGOs

favoured adding areas along the slopes to increase connectivity where possible and enlarge some of the areas.

● The NGOs had a preference for a 3-zone approach, allowing for no take zones, excluding all fisheries. The

fisheries management zones can be subdivided into a no take zone and a low impact gear zone.

● The NGOs disputed that seining should be allowed in the management zones.

● Scientific input was needed to confirm the locations of specific species and habitat/substrate.

● Although outside the ToR, the NGOs stressed the need to include marine mammals in the Dogger Bank nature

conservation plans, or at least to refer to how they should be protected.

16 For rationale for the NGOs’ additional areas, see http://nsrac.org/wp-content/uploads/2016/12/NSRAC-1112-7-2012-04-09-Dogger-Bank-SACs-Position-Paper-FINAL.pdf.

18

c. Updated proposal from the fishing industry

In October 2012, the industry presented an amendment of their original proposal (see above) submitted to the

DBSG on 14th April 2012. The original proposal was prepared against the backdrop of the planning for a series of

wind farm projects within the UK section of the SAC that would act as closed areas to most fishing operations. In

order to limit the potential negative effects upon the fishing industry resulting from the cumulative effects of SAC

fisheries management zones and wind farm projects, the industry considered it desirable to collocate these areas

as far as possible, notwithstanding effects upon parts of the fleet not subject to proposed management measures.

Two extensions of existing proposed zones were advanced in this amendment:

1. To the south of the Dutch sector linking existing proposed zones

2. Extension of the largest zone in the UK sector to the north.

As notified in the original proposal these areas would exclude bottom trawl gears from operating in these areas,

subject to any further agreement on establishing a suitable monitoring and marine science regime which would

allow for the trialling of gears innovations within zones. Together with the existing zonation proposal these

account for 27% of the area of the Dogger Bank SAC (See Figure 1).

Figure 1

When the fisheries management zones are overlaid with the first 4 proposed wind farm projects a further 6% of

the area of the SAC is added providing a total combined area represents 33.7% of the total SAC (Figure 2).

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Using the latest available information on proposed wind farm project locations, this proposal amendment was

advanced as a pragmatic attempt to reconcile zones to reduce fishing pressures on the Dogger Bank SAC with wind

farm planning, whilst contributing to SAC management objectives and maintaining as far as possible sustainable

fisheries within the SAC. The industry included a disclaimer that their proposal did not constitute support for the

proposed locations of wind farm projects.

This amendment proposal was presented on the basis that as wind farm projects are built, once the combined

coverage of fisheries management zones and wind farm areas exceed 30%, then the coverage of fisheries

management zones should be reduced in order to maintain an effective 30% coverage of areas not accessible to

bottom trawl gears. Should it subsequently prove possible to operate trawl gears within the bounds of the wind

farm project areas (albeit inevitably at a lesser extent than in an open sea area), then it would be possible to

explore management arrangements that considered this so that an equivalent 30% coverage of total area

remained inaccessible to bottom trawl fishing operations.

This amended industry proposal came too late to be considered by ICES in its November 2012 assessment of the

DBSG’s proposed measures. Although it was taken into account by the DBSG, it was not fully supported by the UK

government because acknowledgement of the development of the proposed wind farms was perceived by the UK

as being potentially prejudicial to the wind farm consenting process which had not yet begun.

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Annex 5 Pictures of demersal seining gear and links to fisheries, bycatch

Flyshoot combination rope 50 mm17

17 Pictures taken by WWF-Netherlands

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The following screenshots have been taken from footage publicly available on the internet. 1. Flyshoot: https://youtu.be/QdarTIjjpds?t=538 (scallop, flatfish, skate / ray)

2. Flyshoot: https://youtu.be/WDJZUT3E06Y?t=608 (monkfish)

3. Flyshoot: https://youtu.be/WDJZUT3E06Y?t=32 (Atlantic wolffish)

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4. Flyshoot: https://youtu.be/WDJZUT3E06Y?t=482 (skate / ray)

5. Flyshoot: https://youtu.be/WDJZUT3E06Y?t=675 (skates / rays)

6. Testing demersal seines for flatfish (snurrevad): https://youtu.be/D39NuSMxWlk?t=167

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7. Testing demersal seines for flatfish (snurrevad): https://youtu.be/D39NuSMxWlk

8. Testing demersal seines for flatfish (snurrevad) – part 1: https://youtu.be/5FzUXmssAtE?t=189

9. Dogger Bank seabed: https://youtu.be/pXbVUyRw5ms?t=95