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The Turbot War (known in Spain as Guerra del Fletán; French: Guerre du flétan) was an international fishing dispute and bloodless conflict between Canada and Spain and their respective supporters.
On 9 March 1995, Canadian officials from the Canadian Fisheries Patrol vessel Cape Roger boarded the Spanish fishing trawler Estai from Galicia in international waters 220 nautical miles (410 km; 250 mi) off Canada's East Coast after they had fired three 50-calibre machine-gun bursts over its bow. They arrested the trawler's crew, then forced the Estai to a Canadian harbour. Canada claimed that European Union factory ships were illegally overfishing Greenland halibut (also known as Greenland turbot) in the Northwest Atlantic Fisheries Organization (NAFO) regulated area on the Grand Banks of Newfoundland, just outside Canada's declared 200-nautical-mile (370 km) exclusive economic zone (EEZ).Estai incident
Tobin and the federal Cabinet told the DFO to demonstrate Canadian resolve on the issue by "making an example" of a European Union fishing vessel. On 9 March 1995, an offshore patrol aircraft detected the Spanish stern trawler Estai in international waters outside Canada's 200-nautical-mile EEZ. Armed DFO patrol vessels, Cape Roger, Leonard J. Cowley and Canadian Coast Guard ship Sir Wilfred Grenfell, intercepted and pursued Estai, which cut its weighted trawl net and fled after an initial boarding attempt. A chase that lasted several hours ended after the Canadian Fisheries Patrol vessel Cape Roger fired a .50 calibre machine gun across the Estai's bow. The Sir Wilfred Grenfell used high-pressure fire-fighting water cannon to deter other Spanish fishing vessels from disrupting the operation. Finally, armed DFO Fishery Officers and Royal Canadian Mounted Police (RCMP) officers boarded Estai in international waters on the Grand Banks.
Estai was escorted to St. John's, Newfoundland, and arrived with great fanfare across the region, the province, and the country. The Federal Court of Canada processed the case and the charges against the crew. Spain and the European Union protested vehemently, threatened boycotts against Canada, and wished to have the case heard at the International Court of Justice in The Hague, Netherlands.
On 11 March 1995, the Spanish Navy deployed the Serviola-class patrol boat Atalaya to protect its country's fishing vessels. The Spanish Navy also prepared a surface task group with frigates and tankers, but Spain eventually decided against sending it.
Tobin and his department ignored the controversy and instead had the oversized trawl net salvaged, which Estai had cut free. The DFO contracted a Fishery Products International ground fish trawler to drag for Estai's trawl. On the first attempt, it retrieved the Estai's net, which had been cut. It was found that Estai was using a liner with a mesh size that was smaller than permitted by the Northwest Atlantic Fisheries Organisation (NAFO). The net was shipped to New York City, where Tobin called an international press conference on board a rented barge in the East River outside the United Nations headquarters. There, the net from Estai was displayed, hanging from an enormous crane, and Tobin used the occasion to shame the Spanish and EU governments and pointed out the small size of the holes in the net which are illegal in Canada. Spain never denied that the net was from Estai but continued to protest Canada's use of "extraterritorial force." The Spanish government asked the International Court of Justice for leave to hear a case claiming that Canada had no right to detain Estai. However, the court later refused to hear the case. Later, Canada released the crew of Estai. On the same day that Tobin was in New York, the United Kingdom blocked a European Union proposal to impose sanctions on Canada. Tobin claimed that Canada would not enter into negotiations as long as illegal fishing continued and demanded the withdrawal of all fishing vessels in the area as a precondition. On 15 March, the owners of Estai posted a $500,000 bond for the vessel, and it was returned to Spain. Subsequently, the rest of the fishing fleet also left the area, and preliminary talks were scheduled for the upcoming G7 conference. These talks failed, as Spain refused to change its position, and Spanish fishing vessels subsequently returned to Grand Banks. Spain also implemented a visa mandate for all Canadians visiting or planning to visit the country. That resulted in several Canadians being deported from Spain who had been there legally when the visa mandate was adopted. The visa mandate was overturned by the EU in 1996. Negotiations ceased on 25 March, and the following day, Canadian ships cut the nets of the Portuguese trawler Pescamero Uno. The Spanish Navy responded by deploying a second patrol boat. Canadian warships and patrol planes in the vicinity were authorized by Canadian Prime Minister Jean Chrétien to fire on Spanish vessels that exposed their guns.
On 27 March 1995, EU Fisheries Commissioner Emma Bonino called the seizure "an act of organised piracy." Spain demanded for the Canadian government to return the ship to its captain and crew along with its catch of Greenland halibut, or turbot. It claimed that Estai had been fishing in international waters.
Direct negotiations between the EU and Canada eventually restarted, and a deal was reached on 5 April. Spain, however, rejected it and demanded better terms. After Canada threatened to remove Spanish fishing vessels by force, the EU pressured Spain into finally reaching a settlement on 15 April. Canada reimbursed the $500,000 that had been paid for Estai's release, repealed the CFPR provision that allowed the arrest of Spanish vessels, and reduced Canada's own turbot allocation. A new international regime to observe EU and Canadian fishing vessels was also created and made a number of trial measures permanent, like on-board observers and VMS.
The dispute raised Tobin's political profile and helped to preserve his political career in Newfoundland at a time when federal politicians were being increasingly vilified. It also led to his decision in 1996 to pursue the leadership of the Liberal Party of Newfoundland after the resignation of Premier Clyde Wells, and he became a widely-discussed future possible leadership candidate for the Liberal Party of Canada.
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