Scallop Fishing: Bay of Seine — House of Commons, 2018-09-13
Topic: Agriculture
Charles George Eustice (Conservative, Centre-right): I wish to take this opportunity to update the House on recent developments regarding the scallop fishery in the Bay of Seine following altercations that occurred on 27 August. Any violence taking place is unacceptable, and the safety of our fishing fleet is paramount. Subsequent negotiations to resolve the dispute have regrettably not resulted in an agreement The scallop fishery is not governed by the quota regime that pertains for most fin-fish species, but instead by the western waters regime, which places limitations on effort for larger vessels over 15 metres. Vessels over 15 metres in size are limited by the number of kilowatt-days they spend at sea, and these units of effort are tradeable between producer organisations in much the same way as quota. Vessels of under 15 metres in length are not subject to the western waters regime and do not require an effort allocation The background to the current dispute is that French domestic law requires that French vessels cannot trawl scallops between 15 May and 31 October, at the latest, partly to protect the species during their seeding season and partly to maximise the scallops’ economic value. Preserving the sustainability of our stocks is important, and between May and June, UK fishermen refrain from fishing in the area to avoid the scallop gestation period. Those domestic French rules do not apply to other EU member states The French have recognised the UK industry’s legal right to fish in the Bay of Seine. UK fishermen have a smaller allocation of scallop fishing effort under the western waters regime due to historical allocation methodologies, with UK fishermen allocated 3.3 million kilowatt-days and French fishermen allocated 7.4 million kilowatt-days. As a result, since 2013, the fishery in the Bay of Seine has been subject to an industry agreement. The UK 15 metre and over scallop fishing industry has agreed to voluntarily observe this non-trawling season in the English channel, including the Bay of Seine, in exchange for more fishing effort from France. The agreement has never applied to the under-15 metre fleet since it does not benefit from the inward transfer of effort The agreement that had been in place for five years broke down this year because the French industry insisted that the under-15 metre fleet be included in the voluntary agreement. The UK industry was unable to carry the under-15 metre fleet regarding such an agreement, since that fleet would receive nothing in return. As a result, no agreement was reached in 2018 On 27 August, there were altercations between UK and French scallop fishers in the Bay of Seine. Some 35 French boats confronted a smaller number of UK vessels, with reports of rocks and smoke bombs being hurled at UK mariners. The incidents of 27 August occurred as a result of the French industry’s continued frustration at not being able to fish in the Bay of Seine while UK vessels were able to do so, following the failure to reach a voluntary agreement. It must be stressed that the UK vessels were not contravening any French or EU law by fishing in those waters at that time. The UK vessels were operating in an area where they were legally entitled to fish. The area is outside French territorial waters—that is, beyond 12 nautical miles Under the common fisheries policy, the vessels of EU member states have the right to fish in each other’s exclusive economic zones—the waters between 12 and 200 nautical miles offshore. It is then the responsibility of each country to control the activities taking place in its waters. We therefore look to the French authorities to protect our fishermen and their vessels if they choose to fish legally in French waters Our analysis of vessel monitoring information from 27 August showed that there were 16 vessels in the area from England, Scotland and Northern Ireland. Since the incidents took place, UK vessels have voluntarily chosen to stay away from the Bay of Seine while discussions to resolve the issue are ongoing. Vessels have tended instead to fish in grounds to the east. The Fishery Protection Squadron has been kept informed of developments. Fisheries protection vessel HMS Mersey has been in the waters off the south coast since the incident took place. Fisheries protection vessels operate within UK waters—that is, the area out to 200 nautical miles from the shore, or the median line. The vessels are unable to enter the waters of another country without invitation, except in very limited circumstances: the protection of life at sea in the event of there being a threat to life; or through the right of innocent passage to enable vessels to transit through an area without interference. As the Bay of Seine is in the French exclusive economic zone, the enforcement and safety of vessels in those waters is the responsibility of the French authorities The UK Government have been proactive in supporting the industry to try to secure an acceptable solution for both sides. Immediately after the incidents on 27 August, my officials convened a meeting in London. UK and French officials and UK and French industry representatives met in London on 5 September. There was initial success in the talks. It was decided to renew the previous agreement involving the UK 15 metre and over vessels, as long as the under-15 metre fleet could also be brought into a deal. That was agreed in principle, subject to further discussion about a reasonable compensation package. The agreement was that there could be an inward transfer of quota for other species from the French industry to the UK industry, which could then be leased to create financial compensation for the scallop vessels affected The details of that package were discussed, again between UK and French officials and the UK and French industries, in Paris on 7 September. Progress was made on the dates that the fishery could be open. However, the compensation sought by the UK industry for loss of earnings during the period that it was unable to fish in the Bay of Seine was significantly different from the proposal made by the French industry Minister Travert and I discussed the progress of the negotiations twice, including on the evening of 7 September. Since our call, UK and French officials have shared their analysis this week and held discussions on Tuesday. There was greater understanding of the UK’s evidence. However, the offer made by the French industry remained unchanged from that discussed in Paris on Friday. The UK industry does not believe that the compensation package proposed by the French fishing industry provides sufficient recompense for its projected loss of earnings and has rejected it on that basis. The French industry is currently unwilling to accept an offer to put back in place the agreement that has applied to the over-15 metre fleet for a number of years. As a result, the talks have broken down and there remains no agreement at all I have written today to Minister Stéphane Travert to express my disappointment at not reaching an agreement. The UK Government have offered to assist French enforcement authorities with Marine Management Organisation personnel should they want to consider joint operations, given the risk of further altercations. I have also asked the French Government to consider the alternative options available to them. First, it seems to me that putting back in place the agreement for the over-15 metre fleet, which has stood the test of time over the last five years, would be preferable to no agreement at all, and I hope that the French industry will reconsider its position. Secondly, it is open to the French Government to lift the domestic restrictions they have in place earlier than they normally would in order to address concerns that their industry has expressed about the lack of a level playing field The UK industry is legally allowed to fish in the Bay of Seine. It has shown commendable restraint during the negotiations, and I welcome its co-operation and understanding. It is for the industry to decide where it fishes, as long as that is done legally. In my letter to Minister Travert, I emphasised the absolute need for safety to remain paramount. I hope that a mutually beneficial outcome might still be agreed between the two industries but, in the meantime, we stand ready to offer what assistance the French Government may wish to consider.