Fisheries and the Law in Europe

Regulation After Brexit

Jonatan Echebarria Fernández, Tafsir Matin Johansson, Jon A. Skinner, Mitchell Lennan, Jonatan Echebarria Fernández, Tafsir Matin Johansson, Jon A. Skinner, Mitchell Lennan

• Publisher: Routledge
• Year: 2022
• eBook ISBN: 9781000564334
• Edition: 1
• Topic: Law
• Subtopic: International Law
• Index: Law

Examining fisheries, Brexit, the Trade and Cooperation Agreement (TCA) and its consequences for the Fishing Industry in the UK and the EU, this book explores key issues within the complex topic of fisheries after Brexit. Assessing the new fishing relationship between the UK and the EU, which will continue to develop over the next decade, it provides an important study of the state of fisheries post-Brexit.

Taking a cross-cutting economic, legal and policy approach, the book outlines the social and economic impacts of Brexit on the UK and EU fishing industries. It critically analyses the provisions relevant to fisheries in the TCA, reflects on the bilateral fishing negotiations between the EU, UK and Norway, providing inferences as to what the "new and special relationship" might be in fisheries. It then focuses on the 2020 Fisheries Act and explores internal divergences in the nations of the UK because of devolution. Taking an international approach, the work offers an exploration of cooperation in fisheries enforcement, international and regional obligations in marine conservation, and the new horizons for the UK in international fisheries organizations and arrangements now it is no longer a member of the EU. It offers an overview of expert opinion on fisheries post-Brexit, highlighting lessons learned and future developments for fisheries in a post-Brexit world.

Having finally signed the Trade and Cooperation Agreement on 31 December 2020 after tense negotiations, the United Kingdom and European Union have found themselves in a new fisheries relationship. This book maps the complex social, economic, legal and policy issues of fisheries in a post-Brexit world and will be of interest to stakeholders and scholars.

1 Introduction

The UK and EU Fishing Industries in Profile

Jonatan Echebarria Fernández, Tafsir Matin Johansson, Mitchell Lennan and Jon A. Skinner

DOI: 10.4324/9781003252481-1

Introduction

For the purpose of context this first chapter sets the scene for the book by examining the United Kingdom (UK) and European Union (EU) fishing industries, utilising the best currently available reports and statistical information on the UK fishing industry. It is important to emphasise this data was collected prior to the end of the Brexit transition period, which ended on 31 December 2020. Therefore, this study can only provide an economic “snapshot” to enable a limited forensic projection based on the best currently available information. The first section will outline and summarise the UK fishing industry, while the second section provides a similar breakdown of the EU fishing industry as it pertains to fishing in UK waters. Finally, an outline of the subsequent nine chapters of this book is provided.

The UK Fishing Industry – an Overview

This subsection provides a short summary of the UK fishing industry based on the latest statistics at the time of writing by the UK government, the European Commission, independent scientific bodies and NGOs.

Breakdown of the UK fishing industry

The UK fishing industry is extremely diverse. This diversity lies in both the types of fishing vessels and fishing activity gear used,¹ the species fished and the markets they access. Additionally, “ownership of quota” is also a significant factor, and one that has been criticised for existing in an effectively privatised system.² The UK fishing industry is also distinguished by having both a commercial and recreational (e.g., sea angling) component.³ Though the recreational fishing industry in the UK is of significant economic value, contributing £1.5 billion per year,⁴ this book focuses only on the commercial component. The commercial UK fishing industry employs over 31,000 people in the UK (0.04% of total UK employment).⁵ The industry contributes annually 0.12% of Gross Domestic Product (GDP), with an average annual economic output of £1.4 billion.⁶ Commercial UK fishing comprises three sectors:

1 See Tables 1.1 and 1.2.

2 See G Carpenter, ‘To really “take back control” of UK fisheries, we must treat fishing rights as a public resource’ SERA, <https://www.sera.org.uk/to_really_take_back_control_of_uk_fisheries_we_must_treat_fishing_rights_as_a_public_resource> accessed 6 April 2021.

3 European Parliament, 2017. Report on the state of play of recreational fisheries in the European Union. 2017/2120(INI), <www.europarl.europa.eu/doceo/document/A-8-2018-0191_EN.html?redirect#title2> accessed 6 April 2021.

4 K Hyder et al., ‘Recreational sea fishing in Europe in a global context – participation rates, fishing effort, expenditure, and implications for monitoring and assessment’ Fish and Fisheries 19, 225–243; D Diz, M Lennan, K Hyder, ‘Assessment of governance structures and legal instruments for recreational sea fishing and its inclusion in broader fisheries governance’ Report for Cefas (forthcoming 2022).

5 Marine Management Organization, ‘UK Sea Fisheries Statistics 2018’ Office for National Statistics, Long-term trends in UK employment: 1861 to 2018.

6 E Ares, C Rhodes, M Ward, ‘The UK Fishing Industry’ House of Commons Debate Pack CDP 2017/0256 (2017), <https://researchbriefings.files.parliament.uk/documents/CDP-2017-0256/CDP-2017-0256.pdf> accessed 8 April 2021, at 4.

1. The fishing industry – harvest of wild fish, crustaceans and molluscs;
2. The aquaculture sector – farming of fish, crustaceans, molluscs and seaweed;
3. The fish processing industry – preparation and preservation of fish for human and animal consumption⁷

Table 1.1 Breakdown of gear type and percentage of fish and shellfish catch (UK).

Fear Type	Examples	Percentage of UK Catch
Active – pursue the catch	Demersal trawlersBeam trawlersDredgesSein nets	87% in 201999% of pelagic fish91% of demersal fish
Passive – stay in place and catch comes to them	Pots and traps/creelsHooksDrift and fixed nets	< 50% of shellfish13% of fish catch

Source: Statistics from Marine Management Organisation (MMO) 2019.⁸

Table 1.2 Breakdown of species category (UK).

Species Category	Definition	Examples
Pelagic	Fish that inhabit the water column	e.g., Mackerel, Blue whiting, Herring, Sardines
Demersal	Fish that inhabit near and the bottom of the sea	e.g., Bass, Brill, Cod, Haddock, Hake, Halibut, Lemon Sole, Monkfish, Plaice, Whiting
Shellfish	General term for several aquatic invertebrates including molluscs and crustaceans	e.g., Nephrops (Langoustines), Lobsters, Crabs, Cockles Mussels, Clams, Scallops, Shrimps and Prawns, Squid, Whelks

Economic Output

In 2019, the fishing and aquaculture sector of the UK had an economic output of £446 million as defined in terms of Gross Value Added (GVA).⁹ This was 59% lower than in 1990, highlighting the fact that the UK fishing industry has been in steady decline since 1992.¹⁰ It is important to note that fishing productivity in the UK varies regionally. For example, in 2018 Scotland contributed 61% GVA of the UK fishing industry total (this figure includes aquaculture output), whereas the South West of the UK contributed 10%, Northern Ireland contributed 6% and Wales was 3%.¹¹ There were 4,491 fishing vessels registered as active in the UK in 2019 (35% had an annual fishing income of under £10,000).¹² In terms of GDP, the UK fishing industry in...

Table of contents

• Cover
• Half Title
• Series Page
• Title Page
• Copyright Page
• Table of Contents
• List of Illustrations
• The Editors
• List of Contributors
• Acknowledgements
• 1. Introduction: The UK and EU Fishing Industries in Profile
• 2. Fisheries Management in United Kingdom Waters after Brexit: An Assessment of the Changes Made by the Trade and Cooperation Agreement
• 3. The Fisheries Provisions of the Trade and Cooperation Agreement: An Analytical Conspectus
• 4. Reflections on the Trilateral and Bilateral Fishing Negotiations Between the EU, UK and Norway
• 5. The Fisheries Act 2020 and Devolution
• 6. Fisheries Enforcement in a Post-Brexit World
• 7. Conservation of Fisheries Resources and Protection of the Marine Environment Post-Brexit: International Obligations
• 8. Disentanglement from the EU: Consequences for the UK’s Role in International Fisheries Organisations
• 9. A Synoptic Overview of Expert Opinion on Fisheries in a Post-Brexit World
• 10. Conclusions
• Index