Coastal rights - who's right?

Brexit update from the House of Commons library blog, Second Reading:

Many Breton boats enjoy historic access rights in the South West.

Excluding EU fishers from UK waters by leaving the Common Fisheries Policy has been a central argument of many Brexit-supporting fishermen. The Government has stated that it is “committed to withdrawing from the CFP and putting in place a new fisheries regime.”

Currently, EU Member States have equal access to all EU seas between 12 and 200 nm, while most Member States control their own inshore territorial waters (0-12 nm).

There are concerns that even if the UK leaves the CFP after Brexit, provisions in the previously redundant 1964 London Convention on fisheries could allow foreign fishing vessels continued access to UK waters between 6 and 12 nm.

The UK would have to give two years’ notice to withdraw from the London Convention, so certain groups are calling on the Government to trigger the exit process at the same time as starting the Article 50 negotiations.

So, what is the London Convention, how does it affect coastal fishing access rights and will the Government trigger the exit process?

What are historic coastal access rights?

Under the CFP, the seas around EU Member States are separated out into the inshore ‘coastal’ waters (0-12 nm) and the EU’s exclusive fishing zone (12-200 nm). Where neighbouring coastal states are closer together than 200 nm, a median line is defined equidistant from the two countries’ coastlines to separate their respective exclusive fishing zones (see map below of the UK’s exclusive fishing zone). The CFP gives equal access to all Member States in the EU’s exclusive fishing zone. Coastal waters are almost exclusively reserved for Member States.

Map of the UK’s exclusive fishing zone

Source: House of Lords (2016)

There are certain exceptions which allow foreign vessels access to other countries’ coastal waters between 6 and 12 nm, where they had historically done so before the CFP came into force—so-called ‘Grandfather Rights’.

There are 31 different access rights in UK coastal waters for other Member States. The UK in turn has access to inshore waters of Germany, France, the Netherlands and Ireland.

What is the London Convention, and does it still apply?

The 1964 London Convention was signed by 13 European countries in order to establish and define a fisheries regime for their coastal waters. The Convention also established rights for certain vessels to fish in the 6-12 nm region of the coastal states of the 13 countries, if they had “habitually fished” in that same region between 1 January 1953 and 31 December 1962.


The countries that signed were: Austria, Belgium, Denmark, France, Germany, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain, Sweden and the UK.

There is some debate as to whether the London Convention provisions still apply, or whether they have been superseded by the CFP. In evidence to the Lords EU Energy and Environment Sub-Committee, Robin Churchill – Professor Emeritus of International Law at the University of Dundee – said he thought that the CFP superseded the London Convention, meaning that historic fishing rights derive from EU law, and not from the Convention. Prof Churchill was therefore “sceptical” as to whether the London Convention rights could be revived after 40 years. However, DEFRA Minister Lord Gardiner appeared to confirm that the London Convention provisions continue to apply today, in answer to a PQ on 9 March 2017.

Brexit: Taking back control of UK waters?

The Government has stated that it is “committed to withdrawing from the CFP and putting in place a new fisheries regime.” Outside the CFP, the UK will take back control of the seas out to 200 nm (the exclusive economic zone). Departing the CFP would also likely extinguish the historic rights that other Member States had gained under the CFP to fish in the UKs coastal waters. And in turn, the UK’s historic access rights to other Member States inshore waters would also be ceded.

The London Convention requires Member States to provide two years’ notice if they wish to withdraw (Article 15). Therefore, if this notification is not given at the same time as, or before, the Article 50 notification to leave the EU, and the convention is still thought to apply, there could be continued fishing access rights for certain vessels in the UK’s coastal waters between 6 and 12 nm after Brexit. Fishing for leave (a pro-Brexit fishing campaign group) see withdrawal from the London Convention (and the potential anomaly in fishing access rights in coastal waters post-Brexit) as an acid test of the UK Government’s commitment to taking back control of UK seas and fisheries resources.


Access for foreign vessels to continue fishing in UK waters will likely be one of the more difficult topics for discussion during Brexit talks. The European Fisheries Alliance—a grouping of fishing associations from coastal European countries—has recently called for continued access to UK waters post-Brexit.

What has the Government said?

When questioned about the London Convention in a recent Select Committee evidence session, DEFRA Minister George Eustice said (Q.33) that the Government was “looking very closely at this because it is quite a dated agreement in which we have no benefit.” The Minister also noted the possibility of leaving the Convention, but gave no commitment, and said that it was unlikely that the UK would have an exclusion zone where no‑one can come into our waters, because this would need to be part of the wider negotiations on access and quotas. Press reports on 24 March suggested that the Prime Minister would pull the UK out of the convention and end access for European vessels to British fishing waters if talks with the EU over Brexit break down.

For further information on the potential implications of Brexit for fisheries, please see Brexit: What next for UK fisheries?

To access Second Reading go here:

Seafood Cornwall's April newsletter is out now!

For further information on any aspect of Seafood Cornwall's work contact acting manager, Claire Leverton. Remember, SCT are now based on the first floor of the old Admiralty Boathouse (above what was the Post Office).

The entrance is somewhat hidden away at the opposite end of the building to Newlyn Archive's big blue door.

Seafood Cornwall Training

Admiralty Boathouse

The Strand   Newlyn

TR18 5HL

01736 364324

www.seafoodcornwalltraining.co.uk

Apex predation - man, killer whale vs herring.

Kaldfjord 2016-12-15 from Hydrophobic on Vimeo.

We have some heavy winds these days and cannot always go out to our favourite "whale spots". We have to adjust to the wind and waves. Still, we are out there most of the days and do our best in a safe manner. If you bring the right skill set as a sea kayaker, if we are efficient as a group, and if we are additionally a bit lucky, we can eventually get into occasions like filmed here (a bit into the footage two of our Kayak Tromsø kayakers are filmed)! 

Amazing material from Amund Lie. Feel free to check his work out on www.hydrophobic.no and watch this video in full resolution on a big screen (and with sound on)!

Virtual tour of Penlee Lifeboat

Want to know what the Penlee lifeboat Ivan Ellen looks like inside and below deck?  Through the services of local virtual reality firm, Ocean3D you can!

Take the virtual tour here: 

Disillusioned with Brussels, many French fishermen appear ready to throw in their lot with the far right — if they vote at all.

BOULOGNE-SUR-MER, France — Trawlermen in France’s largest fishing port say they will either be voting for Marine Le Pen in next month’s presidential election, or for no one at all.

Boulogne was not always a stronghold of the far-right National Front (FN), and it is only over the last decade that traditionally left-wing French fishermen have veered in the other direction.

In many ways, the sole and halibut fishermen of Boulogne are classic protest voters. Their main complaint is that mainstream French politicians have deserted them, but they are paradoxical converts to the FN, often at odds with with Le Pen’s nationalist, Euroskeptic agenda. Several fishermen insisted that departure from the EU could undermine their business, and some also stressed the importance of being able to hire migrant crews, including Africans.

Despite those differences in outlook, there is no doubting Le Pen’s lure in Pas-de-Calais, the FN leader’s stomping ground in northeastern France, where she is a regional councillor. Fifteen out of the 20 fishermen who spoke to POLITICO in Boulogne said they would vote for Le Pen.

“She is one of us,” said skipper Loïc Margollé, as he and his six-man crew loaded water and groceries on board the 100-ton Saint Jacques in preparation for its next voyage in search of flatfish.

Margollé added that the fishing pedigree of Le Pen’s family played well in the fleet. Her father Jean-Marie fished langoustines from Brittany before founding the National Front in 1972. A native of La Trinité-sur-Mer, Jean-Marie’s own father died when his boat snagged a mine in its nets during World War II.

A long-term National Front supporter, Loïc Margollé says this is the year Marine Le Pen will finally win the election | Photo by Kait Bolongaro

“Her connection to fishing made me vote for her in 2012 and I’ll vote for her again this year,” Margollé said. “Whether it’s the ridiculous [EU] quotas or the price of fuel, I can barely get by as a fisherman today.”

Margollé was one of the few fishermen who actually wanted to leave the EU. Although many grumbled about quotas, most also feared the consequences of being ejected from the European single market and losing access to other countries’ waters.

Fishing for votes

The FN is not taking the fishermen’s votes for granted. Regional councillor Antoine Guillot spends much of his time meeting with captains and crews to promote his party’s plan to reinvigorate French fishing.

“The National Front is the only party listening to fishermen. They’ve had enough of Brussels and quotas, which is why we want to regain sovereignty over our waters,” said the young party member, with the blue FN lapel pin on his suit jacket.

Courting the fishermen makes sense around Boulogne-sur-Mer. At the national level, fishermen are a minor economic concern, representing a tiny fraction of 1 percent of gross domestic product, but the fishing sector accounts for a far more consequential 10 percent of jobs in Boulogne. Only southern Brittany, at the far north-west tip of France, compares in terms of fishing’s share of the local economy, but its politics are resolutely centrist.

“I am just fed up with all the lies and false promises. We need results to save our profession from sinking and Brussels has too much power over our fishing” — Laurent Merlin

During the regional elections in Nord-Pas-de-Calais in 2015, the Socialists had to withdraw from the second round or face a Le Pen victory. Only five years earlier, a left-wing candidate won the same region with nearly 52 percent of the vote.

In the 2012 presidential elections, François Hollande received nearly 30 percent of votes during the first round in Nord-Pas-de-Calais, Boulogne’s département. Marine Le Pen came in second with 25 percent.

Despite the party’s desire to win more fishing votes, the FN program remains vague on what it will do to help fishermen. Le Pen does promise a referendum on France’s membership of the EU, with no specific mention of territorial waters or repatriating quotas.

There is also a promise of so-called “economic patriotism” that would prioritize fishing products caught by French fishermen. The big idea is that the authorities will buy up some catch for consumption in state-run institutions.

Among the other front-runners, Emmanuel Macron, leader of the centrist En Marche movement, sees the future of French fishing as squarely part of the EU. François Fillon, the candidate of the center-right Les Républicains, has promised to defend French fishing in Brussels, particularly during the upcoming Brexit negotiations.

Benoît Hamon from the Socialist Party is focusing on sustainable fisheries, while far-left candidate Jean-Luc Mélenchon has promised fishermen their own oceans ministry.

Changing tack

Across the Liane River that cuts through Boulogne, the presidential election is on the minds of Boulogne’s artisanal fishermen. With 51 vessels under 15 meters, small boats dominate the fishing off the coast of Pas-de-Calais.

Still sprightly after their 3 a.m. start, three men clamber off the 12-meter Laurent Geoffrey. For the captain, Laurent Merlin, Brussels is the bane of his existence. After previously voting for various right- and left-wing candidates, he is now throwing his lot in with the FN.

“I’m not voting for Le Pen out of conviction,” Merlin said. “I am just fed up with all the lies and false promises. We need results to save our profession from sinking and Brussels has too much power over our fishing.”

Jean Louis Malfoy, a seasoned, tattooed deckhand, is also backing the FN over what he considers to be an erosion of labor rights.

Jean Michael Merlin (left), Laurent Merlin (center) and Jean Louis Malfoy (right) are all supporting the National Front after becoming disenchanted by other political parties | Photo By Kait Bolongaro

“I have no problem with immigrants. I just think we need more social protection,” he said.

Most of the fishermen echoed Malfoy’s sentiment. Theirs was a protest vote, not an offensive against immigrants.

“I’d prefer France to stay in Europe. We need more of the quota, but I think that’s a problem of politicians listening more to scientists than fishermen,” said Alexis Ternisien, a young deckhand on La Providence who is voting for Le Pen.

Other fishermen simply won’t cast a ballot.

Loïc Deparis has just docked the Saint Jean Pierre. His candidate of choice, Philippe Poutou from the far-left New Anticapitalist Party (NPA), is unlikely to garner enough of the vote to make it to the second round.

“I’m not going to vote. It won’t change anything. [Poutou] won’t even make it past the first round and I don’t want to support the FN,” said the softly spoken 24-year-old, unloading a fresh catch of sole.

For Stéphane Pinto, vice president of the local chapter of the committees for maritime fisheries and fish farming, fishermen have been cast across the political spectrum like rag dolls. Promised jobs by an impassioned Nicolas Sarkozy in 2007, Pinto says many fishermen shifted their votes to the right. Then, François Hollande enticed some to return to their left-wing roots with “disappointing results.”

“All our fishermen I speak to say the same thing: I am voting Le Pen or not at all. I honestly don’t know who I’ll vote for myself,” he said, his hands sunk in his pockets.

The year of Le Pen

Ashore, much of the local economy is supported by fishing. Shopkeepers hawk glistening piles of sole, crab and cod laid out on crushed ice, in small blue-and-white stalls. While it is overwhelmingly men who go to sea, their wives are heavily involved in selling their catch.

For the past 25 years, Sandrine Pinto has sold her husband’s fish. She has worked through two reforms of the Common Fisheries Policy, under which she says quotas for key species like cod and sea bass have repeatedly been reduced. To alleviate the financial pressure, the family diversified their catch to crab and lobster.

“It’s expensive to buy new equipment because we don’t have enough quota to survive,” she said, rearranging her sole on a fresh bed of ice. “My son is now also a fisherman, but I would’ve liked him to do something else. Fishing isn’t a job of the future.”

Her neighbor Christine Delsart doesn’t have the same misgivings. She works side-by-side with her daughter, Magalie, and sales assistant, Patrick, selling the fish caught by her husband and two sons. A long-time Le Pen supporter, Delsart believes 2017 will be remembered as the year the National Front finally won the presidency.

“I’ve always liked her message to support French people,” said the shopkeeper, bagging a sole for a customer. “For me, Marine Le Pen is the only way forward for fishermen and for France.

Story courtesy of the Politico's website.

Newsnight on BBC2 ran a similar story from the centre of France recently - only in that piece voters have lost faith in any of the main politicians and are turning to outsiders for a radical change in politics.

If only they had voted the other way - where would we be today?

The local paper, The Cornishman ran a story on the 31st of August 1972 about plans being submitted to the Government to double the size of the harbour by building a new pier from Tolcarne and extending the South pier as a breakwater. 

There were three plans submitted in all but this was the most ambitious - supported by Penzance Town Council, Cornwall Sea Fisheries Committee, and as it turned out, all the private boat owners in the port.  Normally, there was a 50% grant available but the harbour authorities were looking to get substantially more than that - citing the huge importance of the project.  As it turned out, history shows that the outcome was not what the majority of fishermen at the time wanted - it is easy with the benefit of hindsight to say just how shortsighted this decision was to prove!

The plan shows the new quay and hard standing area to be created which would have effectively doubled the size of the harbour.

The story as it was reported in the Cornishman in August 1973.

The proposals were still being argued about nearly a year later - when the Commissioners decoded to get the opinions of skippers and owners from the port at a mass meeting held in St Peter's Church, Newlyn in March, 1973.  Most of the port's skippers attended and voted unanimously to support the necessary increase in harbour dues and to support the new harbour plans.

On a lighter note, it was good to see local shellfish merchants W Harvey & Sons were keen to employ only 'wanted women' in Newlyn!  Presumably women who were not wanted were rubbish at picking crab?

As a small-scale fisherman, the EMFF supports you throughout your professional life. It also supports your fishing community in its development. It can help you to train yourself or your partner, or hire a trainee.

It can help you to invest in your first new boat, in new fishing gear, in new engines or in on-board equipment. It can also help you to improve your fishing practices, add value to your catch or diversify your economic activities.

If you are using a fishing vessel less than 12 m long and with no towed gear, you can, under certain conditions, benefit from preferential access and higher rates of public support: up to 30 percentage points more in most cases, and up to 35 percentage points more in the EU’s outermost regions and the remote Greek or Croatian islands.
This leaflet lists all the options available under the EMFF. However, since measures are financed jointly by the EU and the Member States, it is up to each Member State to decide which of these options to open up. I encourage you to get in touch with your national EMFF managing authority to find out more.

FOR MORE INFORMATION

Not all the above measures are available in all Member States, and the specific conditions of implementation of the EMFF vary from country to country (and even from region to region in the same country).

Contact the EMFF Managing Authority of your home country to find out when and for which forms of support you can apply.