Prime Minister, Brexit Britannia must rule the British waves

The EU is now demanding five out of every six fish caught in UK waters

© Brexit Facts4EU.Org 2020

NOTE: Mr Paterson commented to Facts4EU.Org at the start of June, before the tragic death of his wife, since which time he has understandably not commented about Brexit publicly.

The EU filleted our fishing industry. Is Boris now about to fry it too?

Fishing by numbers – a Brexit Facts4EU.Org storm forecast for the PM

On Friday in a desperate attempt to salvage a deal on fishing, Michel Barnier attempted to persuade EU politicians and apparatchiks to drop their insistence on continued full access to UK sovereign waters. It has been reported that the offer to Lord Frost is now that the UK might be allowed "12-18%" of the catch of fish in UK waters after 31 Dec 2020.

Below Facts4EU.Org presents some salient facts for the EU and for the Prime Minister, ahead of any fudged compromise deal with the EU in the next week.

What rights does the UK have over its waters?

The legal rights of the United Kingdom over its waters are defined by the United Nations Conference on the Law of the Sea (UNCLOS III) of 1994. These include two main zones:

Brexit Facts4EU.Org Summary

1. Territorial waters
Out to 12 nautical miles (14 miles) from the shore the UK is free to set laws, regulate use, and use any resource.

2. Exclusive economic zone (EEZ)
Out to 200 nautical miles (230 miles) from the shore the UK has sole exploitation rights over all natural resources, including fish populations.

The UK somewhat belatedly asserted its international rights formally in the Exclusive Economic Zone Order 2013 which came into force on 31st March 2014. This followed the Marine and Coastal Access Act 2009 (Section 41) which made provision for the zone in which the United Kingdom exercised its rights under Part V of the United Nations Convention on the Law of the Sea (UNCLOS).

Article 2 of this Order reflects the treaties which have been concluded with the Belgium, Denmark, France, Ireland, the Netherlands and Norway, and an understanding with Germany.

The facts about the EU’s decimation of this once-proud industry of a maritime, island nation

Under the EU our fishing industry has been decimated. Below we present facts researched from the UK’s official Marine Management Organisation (MMO) and its official antecedent organisations, from the EU’s official statistics agency Eurostat, and from DEFRA, the government department responsible for fisheries.

It’s always a good idea to ask a genuine expert

The Rt Hon Owen Paterson MP was Secretary of State for Environment, Food and Rural Affairs from 2012 until 2014, having been Northern Ireland Secretary before that. He is acknowledged as a man who understand the facts on fisheries.

Here is what the Rt Hon Owen Paterson MP told Brexit Facts4EU.Org about the CFP

NOTE: Mr Paterson commented to Facts4EU.Org at the start of June, before the tragic death of his wife, since which time he has understandably not commented about Brexit publicly.

“This idea that the EU must have rights over another country’s resources even to contemplate free trade is utterly preposterous.”

“Of all the environmental damage that European Union policy has done, perhaps the worst has been to fisheries.

“It is a system that has forced fishermen to throw back more fish dead into the sea than they have landed. It has caused substantial degradation of the marine environment.

“It has destroyed much of the fishing industry, with compulsory scrapping of modern vessels. It has devastated fishing communities.”

What are the UK's and EU's legal positions?

On 01 January 2021 the UK will automatically become an independent coastal state. The UK's 200 mile Exclusive Economic Zone (EEZ) will then apply. The UK will automatically regain exclusive sovereign rights over all waters and resources within its EEZ under the United Nations Convention on the Law of the Sea (UNCLOS).

Without an explicit agreement to the contrary, the EU has no legal right to fish in UK waters after 2020, nor to claim inflated quotas for resources that are predominantly in British waters. It will be forced under international laws and conventions to reduce the amount of fish its member states' fleets can catch in all other waters - dramatically.

The EU's last documented position is that it is demanding that the UK must “uphold existing reciprocal access conditions, quota shares and traditional activity of the Union fleet.” In other words it wants full and unconditional access to the UK's waters and its fish, exactly as if the United Kingdom were still an EU member state.

Brexit Facts4EU.Org Summary

The EU's impact on our fishing and coastal communities

  • In the last 30 years, UK has lost an average of 172 boats per year from the fleet
  • That’s an average of more than three boats per week, gone
  • In some years, as many as 20 boats per week were mothballed or scrapped
  • In all, the UK's fishing fleet has almost halved in 30 years

All of this has happened under
the EU’s Common Fisheries Policy

© Brexit Facts4EU.Org - click to enlarge

How can a nation surrounded by sea be turned into a net importer of fish?

  • 1990: UK exported 53% more fish than it imported
  • 2018: UK imported 78% more fish than it exported

© Brexit Facts4EU.Org - click to enlarge

How did all this happen? It's called the EU's "Common Fisheries Policy"

Here are some examples of the EU’s “take” of British fish, according to figures from the EU Commission and DEFRA. Of the Total Allowable Catch (TAC) in the southern North Sea, the EU receives:

  • 93% of sole, catching 62% in British waters, or 7,750 tonnes
  • 88% of horse mackerel, catching 76% in British waters, or 9,576 tonnes
  • 91% of herring, catching 81% in British waters, or 221,000 tonnes

What is Boris Johnson’s policy on fisheries?

Responding to a question in the House of Commons on 22 October 2019, the Prime Minister Boris Johnson said:

“I can confirm that we will take back 100% control of the spectacular marine wealth of this country.”

In his Statement of 27 February 2020, Chancellor of the Duchy of Lancaster Michael Gove confirmed that

“As well as concluding a full FTA, we will require a wholly separate agreement on fisheries. We will take back control of our waters as an independent coastal state, and we will not link access to our waters to access to EU markets. Our fishing waters are our sovereign resource, and we will determine other countries’ access to our resources on our terms.”

Some background

The first EU Common Fisheries Policy (CFP) was first formulated in the Treaty of Rome and it has been modified many times since. The original idea was to make the fishing grounds of EU member states a common resource for all members. The CFP still does this but is now presented as having the aim of conservation – protecting the fish stocks and the marine environment.

As with so many things related to the European Union, this theory is far removed from the reality it has produced.

What about foreign vessels registering in the UK?

In 1983 the EU introduced Total Allowable Catches (TACs) and quotas. Over the next few years something called “quota hopping” started. This was a method used by some national fleets to avoid the new quotas and restrictions.

In 1991 the European Court of Justice (ECJ) overruled a court decision in the UK. The ECJ legalised this practice of quota hopping. The ECJ’s ruling set a precedent which allowed national fleets (in this case Spanish) to register their boats and buy quotas in other member states such as the UK to avoid fishing restrictions.

Observations

Either the United Kingdom becomes a sovereign country on 01 January 2021 or it doesn't.

One of the many litmus tests for this is what happens to the UK's control of its waters. As a nation with a long maritime history, it is essential that the UK regains full control. This should not be mitigated in any way by anything written into a 'trade deal' with the EU.

If any accommodation is made with the EU in the short term while the UK rebuilds its fishing fleet, this should be written into a side agreement and should be subject to annual review at the UK's sole discretion. As Owen Paterson told us:-

“We now have a fantastic chance to seize the palpable demand for British fish and restore an industry which has been so desperately let down by our years of EU membership. But the Government must remain determined in the face of the EU’s continuing obstinacy.

“The UK must establish sovereign control of all the waters and living marine resources in our EEZ, with any access given to foreign fleets negotiated on a strictly reciprocal, annual basis. We can bring in a discard-free fisheries management regime using the latest technology. We can harness the global demand for high-quality produce, realising the economic potential of UK fisheries and cultivating sustainable fish stocks.

“We can build thriving coastal communities alongside a flourishing marine environment for generations to come.”

NOTE: Mr Paterson commented to Facts4EU.Org at the start of June, before the tragic death of his wife, since which time he has understandably not commented about Brexit publicly.

Freedom...

Reports like this, from numerous official sources dating back for over 30 years, take a lot of time and diligent effort to produce. The Brexit Facts4EU.Org team has published more Brexit facts than any other organisation since 2015. We do not have secretaries, expensive London offices, and nor do we clamour for fame on Sky News or the BBC. We just want to publish real, useful information for the British and international public.

We rely 100% on ordinary readers like you. If you don't donate, we don't survive. It's as simple as that. And we want to survive to see Brexit through, with the United Kingdom becoming a free, sovereign, and independent nation on the world stage. If you believe in freedom of speech and a free United Kingdom, please make a quick and secure donation using one of the methods below. Thank you so much.

[ Sources: UK Marine Management Organisation (MMO) | Official UK government organisations which preceded the MMO | Exclusive Economic Zone Order 2013 | Marine and Coastal Access Act 2009 | United Nations Conference on the Law of the Sea (UNCLOS III) 1994 | Eurostat | EU Commission | DEFRA | Hansard ] Politicians and journalists can contact us for details, as ever.

Brexit Facts4EU.Org, Sun 29 Nov 2020

Click here to go to our news headlines

Please scroll down to COMMENT on the above article.
And don't forget to actually post your message after you have previewed it!

Share this article on

Something to say about this? Scroll down for reader comments

Since before the EU Referendum, Brexit Facts4EU.Org
has been the most prolific researcher and publisher of Brexit facts in the world.

Supported by MPs, MEPs, & other groups, our work has impact.

We think facts matter. Please donate today, so that we can continue to ensure a clean Brexit is finally delivered.

Any credit card user

Quick One-off

Donate

From £5 - £1,000

Monthly

Subscribe

From £3 per month

Paypal Users Only - Choose amount first

Quick One-off

Monthly