In response to appeals from three associations, the Conseil d'Etat today ordered the Government to close fishing areas in the Bay of Biscay for appropriate periods. The aim is to limit the number of deaths of common dolphins, bottlenose dolphins and harbour porpoises, which can be caught accidentally by fishing activity. These closures are in addition to acoustic deterrent devices already used by fishing boats. A reliable estimate of the annual number of accidental catches must also be compiled.
In response to appeals from three environmental protection associations, the Conseil d'Etat today ordered the Government to act within six months to limit the accidental capture of small cetaceans by fishing activities in the Bay of Biscay. The measures taken must ensure a favourable conservation conditions for the common dolphin, bottlenose dolphin and harbour porpoise, in line with the obligations arising from European fisheries law (1) and the 1992 Habitats Directive (2).
Serious threat to the conservation of small cetaceans
The Conseil d’État noted that the number of deaths by accidental capture attributable to fishing activities threatens the conservation of dolphins and porpoises in the Bay of Biscay. According to the various estimates available, the maximum limit for ensuring a favourable conservation status in the North-East Atlantic has been exceeded each year since 2018 (3) . The conservation status of the three species concerned is currently unfavourable, with the common dolphin and harbour porpoise even facing a serious threat of extinction, at least regionally (4) .
Certain fishing areas closed for appropriate periods
The Conseil d’État also noted, on the basis of the scientific knowledge available, that equipping fishing vessels with acoustic deterrents, which the State has already undertaken or is considering, does not sufficiently reduce accidental catches. In light of current scientific findings, it considers that these deterrent measures do not guarantee favourable conservation conditions for small cetacean species in the Bay of Biscay and that it is necessary to take more effective measures by banning fishing in appropriate areas for appropriate periods.
It, therefore, ordered the Government to take appropriate action within six months to close fishing areas, in addition to the use of acoustic deterrents.
More accurate data on accidental catches
At the same time, the Conseil d’État noted that the system for monitoring accidental catches is still insufficient. More precise information is required on their scale, and the current system leaves high levels of uncertainty about the frequency and causes of accidental catches of cetaceans. For this reason, the Conseil d'État also ordered that, within six months, additional measures must be taken to enable a more accurate estimate of the number of annual catches of small cetaceans, including by continuing to strengthen the observation system at sea.
Read the decision (in French)
(1) Regulation (EU) No. 1380/2013 of the European Parliament and of the Council of 11 December 2013, on the Common Fisheries Policy (CFP) and Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019, on the conservation of fishery resources and the protection of marine ecosystems through technical measures
(2) EU Directive 92/43/EEC of 21 May 1992, on the conservation of natural habitats and of wild fauna and flora
(3) Opinion of the International Council for the Exploration of the Sea (ICES) of 26 May 2020 and 24 January 2023
(4) Data from the French natural heritage inventory
Decision Nos. 449788, 449849, 453700 and 459153,
France Nature Environnement Association and others, 20 March 2023