The Member States of the European Community are obliged, under the Habitats and Species Directive (92/43/EEC), to monitor the incidental capture and killing of all cetaceans, and to take action to ensure that incidental capture does not have a significant impact on the species concerned. They have also made commitments, under the Bonn Agreement (ASCOBANS), to minimise, and ultimately reduce to zero, losses of small cetaceans through fisheries bycatch. However, the Member States of the European Community are not complying with the Directive, and are failing to honour their commitments. As a matter of urgency and in accordance with Article 6 of the Amsterdam Treaty, the European Common Fisheries Policy must be amended to incorporate a Cetacean Bycatch Response Strategy. A Cetacean Bycatch Response Strategy, should include:
Mandatory observer coverage of vessels to identify problem fisheries.
The establishment of Bycatch Response Teams, comprising of scientists, fishermen, environmentalists, to review the possible measures that could be used to reduce bycatch (using all the available scientific data) in the problem fisheries, and develop Bycatch Reduction Programmes, with set targets and within a given time frame.
Monitoring of the implementation and effectiveness of such programmes by the Bycatch Response Teams.
The closure of any fishery failing to meet the targets of bycatch reduction within the time frame.
The enforcement of a Cetacean Bycatch Response Strategy throughout the European Union.
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