The Canada-European Union Turbot War

Abstract

One of the most serious issues facing coastal states and their distant water counterparts is the exploitation of straddling fish stocks (stocks that span the boundary between a coastal state's 200-mile zone and adjacent international waters). This was dramatically demonstrated in the spring of 1995 when Canada and the European Union (EU) engaged in a show-down over access to turbot, also known as Greenland halibut, in the northwest Atlantic beyond Canada's 200 mile limit where fishing is regulated by international agreement. The conflict was the culmination of a decade of controversy between the two over the activities of EU fishing fleets, especially that of Spain, in the region. Most studies of the dispute have focussed on the international legal implications.(f.1) This article explores the impact of internal politics on the Canadian and EU approaches.Internal politics is central to the fisheries policies of Canada and the EU. In Canada the federal government, through the Department of Fisheries and Oceans is responsible for fisheries policy. Although fishing is of limited importance to the national economy, it is a substantial contributor to the economies of the Atlantic provinces, especially in Newfoundland where it accounts for 10 per cent of the gross provincial product and 25 per cent of employment. Almost 700 Newfoundland coastal communities depend in whole or in part on fishing. These factors, combined with the fishing constituency's importance in regional politics, make fisheries issues important to all levels of government.Fishing by EU states is governed by the Union's common fisheries policy (CFP).(f.2) Under the CFP, the European Commission (the EU's executive arm) has exclusive authority to negotiate and conclude fisheries agreements with third countries and to represent the EU in international fisheries bodies. Undertakings are normally approved by the Fisheries Council, which is composed of member state fisheries ministers, assisted by the Committee of Permanent Representatives of the member states (COREPER). Council sessions are presided over by the presidency, which rotates among member states at six-month intervals. Most Council decisions are made on a qualified majority or weighted voting basis, although consensus is generally sought. While fisheries policy is adopted by the Union, implementation and enforcement are left in the hands of member states. International fisheries matters are of primary concern to Portugal and Spain whose vessels have a long history of fishing in the northwest Atlantic. Spain maintains the largest fleet, almost half of which, including all trawlers involved in the turbot fishery, is based in the northwestern region of Galicia, where fishing is a pillar of the economy.This article argues that the EU attempted to increase its turbot quota in response to pressures from the Spanish government and industry. Canada sought to impose an enforceable limit on EU vessels to maintain a viable fishery in the face of long-standing domestic frustration over their fishing practices. The dispute was resolved by an agreement that raised the EU's turbot allocation and established a comprehensive control and enforcement regime to govern fishing outside Canada's offshore zone. The agreement addressed both the Union's access goal and Canada's aim of effective surveillance and policing. It also gave the EU an additional measure of assurance of member-state compliance with EU commitments.BackgroundCanada is one of a handful of coastal states in which the continental shelf extends beyond its 200-mile limit. About 10 per cent of Newfoundland's Grand Banks is located outside the offshore zone in areas known as the nose and tail. Important fish stocks, including cod, flounder, redfish, and turbot, straddle the boundary. Fishing beyond the 200-mile limit is managed by the Northwest Atlantic Fisheries Organization (NAFO) which had fifteen members in 1995 -- Bulgaria, Canada, Cuba, Denmark (for the Faroe Islands and Greenland), Estonia, the EU, Iceland, Japan, South Korea, Latvia, Lithuania, Norway, Poland, Romania, and Russia. …