Division Article 3

This article regulates the access restrictions with regard to the zone II areas. The combined area of all zone II areas is around 216 km² or 15 % of the overall area of the North Sea Coastal Zone Natura 2000 site.

The closed zone II areas are entirely excluded from seabed fishing and other activities that disturb the seabed.

The aim is to allow these areas to develop with the minimum of disturbance with a view to improving the quality of habitat type H1110_B. Other uses will brought into line with this goal as much as possible; they are specified in this Article and included in the relevant management plan.

In the zone II area off Petten (green cross-hatched area on map in annex: zone II**) pulse trawling is permitted until 1 January 2016. The overall area of this zone II area is around 49 km² or 3 % of the overall area of the North Sea Coastal Zone Natura 2000 site. This exemption is made to compensate for the designation of the surrounding area as zone III. The result is a larger area closed to trawl fishing with tickler chains.

Pelagic fishery using trawl nets is only permitted in zone II if it is carried out with fishing gear that cannot also be used for seabed fishing. If gear is used for pelagic fishing in a zone II area that can also be used for seabed fishing (for example, when equipped with nets with bobbins), it is not always possible to find out whether or not seabed fishing is or has been practised in zone II. This makes enforcement more difficult.

Normal shrimp fishing can only continue in these areas until 1 January 2014, when the Nature Conservation Act licence (which is issued to Dutch shrimp fishermen only) expires. From 2015 shrimp fishing will again be permitted in zone II areas with a licence under the Nature Conservation Act if research proves conclusively that existing shrimp fishing with bobbins has no demonstrable adverse impact on the seabed and its fauna. The research will have to be initiated, carried out and funded by the (Dutch or foreign) shrimp sector itself. Whether this research fulfils the above burden of proof is a matter for the competent authorities to decide when they assess Nature Conservation Act licence applications for shrimp fishing in the relevant areas after 1 January 2014. Anticipating the above research outcomes and in the light of the conservation objectives for these areas, licences are by definition important as shrimp fisheries may have a deteriorating effect on the quality of natural habitats and species habitats or may result in significance disturbance of the species for which these areas were designated. Such licences issued for use after 1 January 2014 may include mitigating measures.

The concession for the extraction of shells (see chart 18 PKB Derde Nota Waddenzee) runs until 1 January 2014. Shell extraction can continue in concession areas after that date, provided it is licensed under the Nature Conservation Act. The relevant concession areas are laid down in the national policy document on shell extraction. This document identifies the areas concerned and the quantities that may be extracted annually. It also describes the main conditions laid down in the licences.

Laying and maintaining (pipe)lines will still be permitted subject to licence under the Nature Conservation Act. This refers to projects of a temporary nature that cause local disturbance of the seabed and are governed by the national coordination regulation, i.e. projects of national importance.

Access and transit are otherwise open to all vessels including fishing vessels.

Fishing with fixed gear, mussel seed capture installations and the anchoring of vessels continue to be permitted as they cause only very infrequent and dispersed penetration of the seabed.