NGOs continue fight against bottom trawling in marine protected areas with lawsuit in Spain
Press Release Date: October 29, 2024
Location: Madrid
Contact:
Natividad Sánchez | email: nsanchez@oceana.org | tel.: +34911440892
- Oceana and ClientEarth are filing a lawsuit with Spain’s national high court over bottom trawling in marine protected areas (MPAs)
- Legal experts flag systemic problems with EU’s nature protection
- A win would send a strong signal to EU institutions and other Member States to respect EU conservation laws and protect vulnerable marine species and habitats
Environmental NGOs Oceana and ClientEarth are filing legal action against the Spanish government after it was found that bottom trawling is taking place in many MPAs in Spain – violating EU and national conservation law.
Bottom trawling is notorious for its destructive environmental impact on marine habitats. The heavy nets drag on the seabed to catch marine species that live there, and in doing so have a high bycatch of marine life including sharks, cold water corals, sponges and other organisms. This type of fishing also impacts the ocean’s ability to store carbon.
EU law forbids damaging human activities in certain MPAs. [1] But the Spanish government is flouting those laws by systematically allowing bottom trawling in MPAs in its Atlantic and Mediterranean waters. These areas have been designated for protection because they contain vulnerable seabed ecosystems and are also home to iconic and protected species such as loggerhead turtles, bottlenose dolphins, and other marine mammals.
These areas are home to vital ecosystems that can contribute to fighting climate change and help restore lost biodiversity and fish stocks. Seagrass, for example, is one of the most effective carbon sinks on the planet, while coral reefs and sandbanks provide shelter to many species that are the basis of marine food chains.
According to marine conservation lawyer at ClientEarth, Francesco Maletto: “These areas are meant to be protected as they’re essential for biodiversity and climate protection. EU rules are in place to ensure their protection. But Spain is violating the law by allowing destructive bottom trawling in these areas. By doing so, they’re putting the most vulnerable habitats and wildlife under real threat. We’re taking the issue to court to ensure that ‘protected’ truly means ‘protected’.”
Senior policy advisor at Oceana in Europe, Michael Sealey, states that: “We are taking the Spanish government to court for decades of inaction on marine protected areas. The European Commission set the objective of banning bottom trawling in MPAs by 2030, but progress is too slow. We have no other choice but to use judicial powers to enforce EU law and protect what needs to be protected. We call on the new von der Leyen Commission to ban destructive fishing in all EU MPAs now, and to position the EU as a global champion on ocean protection.”
Earlier this year, both NGOs filed administrative requests to demand that Spain repeal two resolutions authorising trawling in the Spanish MPAs in question. They have received no response, so they have now escalated the claim by filing a lawsuit with the Audiencia Nacional in Madrid.
The NGOs are also calling on Spain to once and for all establish a plan for a fair transition towards a long-term sustainable fishing model for the affected fishermen.
Given that Spain is not the only nation allowing bottom trawling in marine protected areas, a positive court ruling could have far-reaching consequences for MPAs across the EU and for marine conservation objectives.
Last month, ClientEarth filed a separate lawsuit against France for allowing bottom trawling in Mediterranean MPAs. Oceana, ClientEarth and Seas At Risk are also supporting other legal cases in Germany and the Netherlands, as this issue goes beyond national borders and is systemic across European MPAs.
According to new research, over 80% of MPAs are ineffective because they provide only marginal protection against destructive industrial activities such as bottom trawling.
Greece and Sweden have announced they will ban or strongly restrict bottom trawling in their marine protected areas, and the Scottish government has proposed bottom trawling bans in 20 MPAs.
ENDS
Notes to editors:
[1] Marine Protected Areas have different levels of protection. In this case, the NGOs are basing their lawsuit on the following EU laws:
- The 1992 Habitats Directive establishes a protection framework for both marine and terrestrial biodiversity in Europe, and creates a network of protected areas, known as Natura 2000, which Member States have to manage effectively in order to achieve specific conservation objectives.
- The 2006 Mediterranean Regulation contains management measures directly applicable in Member States for the sustainable exploitation of fishery resources in the Mediterranean Sea.
About ClientEarth
ClientEarth is a non-profit organisation that uses the law to create systemic change that protects the Earth for – and with – its inhabitants. We are tackling climate change, protecting nature and stopping pollution, with partners and citizens around the globe. We hold industry and governments to account, and defend everyone’s right to a healthy world. From our offices in Europe, Asia and the USA we shape, implement and enforce the law, to build a future for our planet in which people and nature can thrive together.
About Oceana
Oceana is the largest international advocacy organisation dedicated solely to ocean conservation. Oceana is rebuilding abundant and biodiverse oceans by winning science-based policies in countries that control one-quarter of the world’s wild fish catch. With more than 300 victories that stop overfishing, habitat destruction, oil and plastic pollution, and the killing of threatened species like turtles, whales, and sharks, Oceana’s campaigns are delivering results. A restored ocean means that 1 billion people can enjoy a healthy seafood meal every day, forever. Together, we can save the oceans and help feed the world. Visit europe.oceana.org to learn more.
