Sir, – Padraic Fogarty expertly lays out the case for Marine Protection Areas as a pathway to healthy marine ecosystems as well as more fish for commercial exploration (“The overfishing issue that persists despite pledges to support sustainable seas”, Environment, Analysis, December 28th). However, his suggestion that the concept of maximum sustainable yield be retired as “dysfunctional” is, perhaps, premature as the issue lies to be determined by the European Court of Justice on January 11th, 2024.
The case Friends of the Irish Environment brought – with the support of the Brussels-based NGO Client Earth – challenged the quota for total allowable catches (TACS) set in 2020 for cod, whiting and plaice, when those stocks are caught as inevitable by-catch during fishing operations that target other plentiful stocks. These quotas were set at levels above the scientifically recommended “zero” catch in 2020, in spite of the 2013 Common Fisheries Policy (CFP) Regulations requiring an ending of this practice “by 2015 if possible and by 2020 at the latest”.
Irish High Court Justice Anthony Barr agreed that the 2013 target was “more than just an aspirational objective of the CFP”. Writing that he had “serious doubts about the legality” of the 2020 quotas, he ruled that, “In these circumstances, the court is obliged to refer the issue to the Court of Justice of the European Union for a determination as to the validity of Council Regulation 2020/123.”
Advocate General’s Capeta’s subsequent June 2023 Court of Justice of the European Union opinion suggests to the court that, “The EU legislature dealt with this in a way similar to the ‘no more chocolate from Monday’ promise; because, if Monday is not understood as a fixed deadline, one will keep eating chocolate and Monday will never come.”
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Her advice to the court was that “the Council had no discretion to set the TAC for the four stocks at issue at levels above zero, even if only when they are caught as by-catch”.
Should the court confirm this opinion, it is hoped that the Government is prepared to provide support during the transition time before strict enforcement of quotas will allow stocks to recover, ensuring the long-term viability of our coastal communities and fishing industry. – Yours, etc,
TONY LOWES,
Friends of the Irish Environment,
Eyeries,
Co Cork.
