GP Short Notes

GP Short Notes # 513, 9 May 2021

UK and France: BREXIT pangs deepen as a new rule restricts fishing rights
Sourina Bej

What happened? 
On 6 May, France dispatched two naval policing boats as French fishermen, angry over the loss of access to fishing off their coast, protested off the English Channel island Jersey. The French fishermen have steamed into Jersey waters to demonstrate against new rules requiring them to submit their past fishing activities in order to receive a license to continue fishing in the island's waters. On 5 May, Britain directed two Royal Navy vessels, HMS Severn and HMS Tamar, to patrol the waters around the Jersey port, which is a self-governing British Crown Dependency near northern France.  
 
What is the background? 
First, the new restriction by Jersey.  The Jersey port has become the flashpoint over access to fishing rights as post-BREXIT regulations are implemented. According to the rules, which came into force this month, 41 permits have been issued based on fishing history between 2017 and 2020 to French fishing vessels to operate in Jersey's waters. France responded, saying no such consultation about any new conditions affecting all boats has been agreed during Brexit transition talks. Jersey's role in the dispute gets complicated as it is not part of the UK or as part of the EU. This Crown dependency island means freedom from Westminster and the power to exercise day-to-day control over its fishing waters. However, the UK government is ultimately responsible for its international relationships. That is why access to fishing waters around the Channel Islands is dealt with specifically in the new UK-EU trade agreement. 

Second, conflict over fishing rights a post-BREXIT reality. When the UK left the EU in January 2020 – the talks during the transition period left the common fisheries policy that has peacefully divvied up the spoils of Europe's waters since the 1970s. The Brexit talks also ended the Bay of Granville agreement between Britain and the Channel Islands government, which had established a pattern of rights for French boats up to three miles from the islands' coasts. Within the Brexit trade and cooperation agreement struck there is a new EU-UK fisheries agreement that offers French fishers the continuation of the status quo in a zone between six and 12 miles from the UK's shores up to 2026 if they can prove that they had previously been operating in those waters. With the end of several common rules, the fishermen would be without livelihoods, a reality post-BREXIT Europe begins to face. 

Third, unheard demands by fishermen communities. From Ireland to Jersey, the fishermen's voice has been largely missing while signing any agreement over access to fishing rights. In addition, when the Jersey government adds two conservation measures, dealing with dredging and nesting areas, it means the creation of restricted zones, and limit the kind of fishing equipment which can be used. Many of the local boats could be put out of business, and smaller boats would also be affected.  

Fourth, domestic issues pushing the nationalist narrative around fishing rights. Prime Minister Boris Johnson has been seen escalating the crisis and using the fishing spat as an "Election Day stunt." Choking and scramble to gain access to the English Channel has been a historical precedent since the Cold War.  Even though Jersey is economically insignificant, it is culturally important, and fishing was the thorniest issue during the UK-EU divorce talks. Similarly, the fishing rights issue is also a central issue for the 2022 French presidential election. Amid this, Jersey's rule gets embroiled in the larger expression of domestic issues in the regional relations. 

What does it mean? 
Both the UK and EU are stuck with wider disputes for the long haul. From Northern Ireland to Jersey island, the EU-UK relation will have to accommodate the deeper nuances and economic needs of those impacted in the divorce. The French fishers ended their protest, but the row remains unresolved. The workable solution would be to form a consultation body with various fishermen communities and chart a policy accommodating the grassroots voices. 

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