Commission proposes extending the Bay of Biscay fishing closure to protect dolphins into winter 2027

Today, the Commission proposed extending the annual winter closure in the Bay of Biscay into winter 2027 for fishing vessels over eight metres to help prevent catches of common dolphins and other small cetaceans - which are strictly protected species under the EU Habitats Directive. For the fourth consecutive year, Belgium, France, Netherlands, Portugal and Spain have requested this closure, making use of the regionalised approach under the common fisheries policy.

The Delegated Act will now be sent to the European Parliament and the Council of the EU for scrutiny before entering into force 

As proposed by the group of EU Member States, the closure should run for a period of 30 consecutive days, to be taken between 15 January and 27 February 2027. Fishers will be able to notify their preferred closure period to their national authorities.

This proposed new closure aims to increase operational flexibility for the fishing sector and reduce its economic impacts, while protecting dolphins during the period when bycatch risk is higher. This new flexible approach responds to a direct request from the fishing sector to better align the timing of the closure with fishing activities.

In the absence of notification about their preferred dates to their national authorities, fishing vessels will be subject to the fixed closure period running from 22 January until 20 February 2027.  

Efforts to reduce common dolphin bycatch should continue, as advised by science and required under the Habitats Directive and the Marine Strategy Framework Directive, in line with the EU Biodiversity Strategy and the European Ocean Pact. 

Success in reducing dolphin mortality  

Since 2024, fishing closures in the Bay of Biscay have been effective in reducing incidental catches of dolphins. According to a report from the French observatory PELAGIS, dolphin mortality due to incidental catches in 2025 appeared significantly lower than those estimated prior to the closure (2017-2023). 

Financial support for fishing vessels 

Around 300 EU vessels are expected to be impacted by the proposed closure. Financial compensation is available through the European Maritime, Fisheries and Aquaculture Fund (EMFAF) or through State aid by Member States. The EU offers financial support to fishers to acknowledge their efforts towards marine conservation and to protect their livelihoods, ensuring a sustainable and prosperous future for both ecosystems and fishing communities. 

Measures to reduce incidental catches 

During the selected closure period, vessels - pelagic and demersal trawls, seiners and netters - will be required to remain in port to avoid incidental catches of common dolphins and other small cetaceans. Scientists have identified this period as a high-risk for bycatches (unintentional capture of dolphins during fishing operations). 

Background 

All cetaceans, including common dolphins, are strictly protected under the Habitats Directive. Member States must establish a system to monitor their incidental capture and killing. Considering the information gathered, they must take further research or conservation measures to ensure that incidental capture and killing does not have a significant negative impact on the species concerned.  

The EU Biodiversity strategy for 2030 aims to eliminate or minimise by-catch so as not to threaten the conservation status of protected species. In line with these objectives, the European Ocean Pact sets out the Commission's commitment to support Member States in protecting and restoring marine ecosystems.

Winter strandings of dolphins and small cetaceans on the coasts of the Bay of Biscay have been a recurring challenge for the fishing sector and marine ecosystems. Contributing factors to these strandings include incidental catches in fishing nets, natural mortality, diseases, and disorientation. 

As part of efforts to reduce interactions between small cetaceans and fishing vessels, the fishing sector and Member States are investing in research and technical trials to develop and test new devices. Ongoing research projects on new devices and interaction with cetaceans include PIFIL, DolphinFree, Licado, Delmoges, iNOVPESCA and VaradaC.