Division Article 4

This article regulates the access restrictions with regard to the zone III areas. The combined area of all zone III areas is around 407 km² or 28 % of the overall area of the North Sea Coastal Zone Natura 2000 site.

The closed areas in zone III are designated to promote innovative developments, to ensure that only the best available techniques and best fisheries practice are used in fishing. The competent authority, in this case the Ministry of Economic Affairs, Agriculture and Innovation (EL&I), will identify the best available techniques and best fisheries practice at any given time. The moment of the evaluation is during the Nature Conservation licence procedure for any of the specific individual fisheries within this zone. Fishermen who want to apply for a qualification of their gear as ‘best available technique or fisheries practice’ have to apply for a written confirmation by the competent authority with the Ministry of Economic Affairs, Agriculture and Innovation, Postbox 20401 EA The Hague, the Netherlands. Such an application must include a research report bearing out that the gear in question has potentially even less negative effects on the relevant conservation objectives of the Natura 2000 sites in comparison with the gears in use at the time of granting the licence.

All forms of fisheries that do not disturb the seabed are permitted.

Trawling with ticklers chains is permitted until 1 January 2014 only in the zone III areas of Petten en Eierlandsegat – not in the other zone III areas.

Pelagic fishery using trawl nets is only permitted in zone III 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 III 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. The relevant checks will be carried out by supervisors appointed for the area.

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.

Shrimp fishing is permitted until 1 January 2014 and can continue after that date subject to licence under the Nature Conservation Act. Foreign shrimp vessels may obtain further information from the Produktschap Vis (Commodity Board for Fish and fish Products) and/or the Nederlandse Vissersbond (the Dutch Fishermen’s Federation) or seek to join Nature Conservation Act licensing procedures which they have initiated and coordinated. The competent authorities may also provide more details. Further information is provided under the more general explanatory notes in this document.

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.

Shellfish fishing is permitted, except for Spisula fishing in the zone III area above Ameland and only where regulated either by licence under the Nature Conservation Act or by the management plan. The area above Ameland is excluded from Spisula fishing because of the frequent presence of groups of scoters.

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.