Puffins, Paperwork, and Power

In early 2024, the UK and Scottish Governments made headlines by banning industrial sandeel fishing in their North Sea waters. Why sandeels? They're small, oily fish, unseen on dinner plates but vital for marine ecosystems. Puffins, kittiwakes, porpoises, cod, and haddock all depend heavily on this tiny species. Decades of overfishing, primarily by Danish industrial trawlers, have put sandeels and consequently entire marine food webs under severe strain.

Despite the clear conservation rationale and robust scientific backing for this closure, the EU challenged the UK's decision under the UK-EU Trade and Cooperation Agreement (TCA). The core issue? The UK hadn't sufficiently assessed how this closure impacted EU (mainly Danish) fishing fleets economically. The Arbitration Tribunal recently upheld the closure in Scottish waters entirely, validating the scientific and ecological grounds. Yet, it partially ruled against England's closure not for ecological reasons, but procedural ones.

The Tribunal found the UK didn't fully demonstrate compliance with the principle of "proportionality" in simpler terms, the economic impact on EU fishing interests wasn't sufficiently documented.

Why Is the EU Taking This Stance?

The EU's insistence on procedural rigor isn't arbitrary. Several deeper motivations explain their stance:

Protecting Rules-Based Order

The EU heavily relies on consistent adherence to established rules and procedures. Allowing procedural exceptions, even for ecological reasons, could set problematic precedents for future governance.

Preventing Precedent

By enforcing strict compliance, the EU signals to international partners and its own member states that treaty obligations must be consistently respected.

Internal Political Dynamics

Denmark’s influential fishing sector heavily depends on sandeel fisheries, placing significant pressure on the EU to protect these economic interests.

Economic and Social Considerations

The EU emphasizes potential short-term economic and social impacts on fishing communities, even when long-term ecological sustainability is at stake.

Post-Brexit Relations

This dispute also reflects the broader EU-UK post-Brexit dynamic, setting clear boundaries and expectations around shared resource management.

Shared Seas, Shared Future

The North Sea is a shared ecosystem. Overfishing sandeels won't just hurt seabirds and marine mammals it jeopardizes future fishing opportunities for everyone, including those Danish fleets the EU defends. Effective conservation must transcend short-term economic interests to safeguard long-term ecological sustainability, benefiting all stakeholders.

Why Public Trust Suffers

The EU’s insistence on procedural correctness, despite acknowledging the robust conservation science, sends a troubling message. At a time when public faith in institutions and international cooperation is already under strain, such actions reinforce perceptions of bureaucratic inefficiency overshadowing practical and morally necessary solutions. It's precisely these scenarios that fueled Euroscepticism in past debates.

Moving Forward

The UK now has an opportunity and a duty to strengthen its procedural compliance and uphold its conservation measures. But the EU also has a responsibility to prioritize ecological logic alongside procedural requirements. Collaborative marine governance requires flexibility and responsiveness to ecological realities, not merely adherence to technicalities.

Marine ecosystems can't wait for bureaucratic perfection. The sandeel dispute should prompt the UK and EU to rethink how marine policy balances ecological urgency against procedural rigor. After all, without healthy seas, every economic interest, no matter how well documented, will ultimately collapse.

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----------------------------------------------------------------------------------------About the Author:

Bradley Knight, BSc (Hons), Mem.MBA, is a UK-based marine scientist, scientific illustrator, and policy communicator. He specializes in translating and dissecting complex marine policies and research into clear, engaging visuals and accessible analyses. By bridging science, art, and public discourse, Bradley aims to illuminate the challenges facing our oceans and empower informed conversations for their protection. His illustrations and breakdowns have been featured in academic publications, stakeholder workshops, and educational materials.