The European Court has ruled that the EU has a right to protect vulnerable deep sea habitats against destructive fishing practices such as longlines and bottom trawling. Longlines are strong fishing lines that extend for up to 130 kilometers that have thousands of baited hooks attached to them and are dragged through the water.
In a case dismissed today, the court noted “The European Union ensures the conservation and sustainable exploitation of marine biological resources. In that context, measures were taken concerning the sustainable fishing of species in deep-sea habitats. In implementation of those measures, the European Commission adopted a regulation establishing a list of deep-sea fishing areas where vulnerable marine ecosystems are known to occur or are likely to occur in the Union waters of the north-east Atlantic. Fishing with bottom gears is prohibited in those areas.”
Spain and several fishing entities challenged the designation of those areas and the EU’s right to block them from those fishing practices and the court dismissed their case.
“The General Court emphasises first of all that classification as an area where vulnerable marine ecosystems are known to occur or are likely to occur is based on the proven or probable presence of protected species and on the characteristics of the ecosystem itself. The area is in that way protected against the significant adverse impacts of bottom gears in general. The Commission was therefore not obliged to assess the fragility of the ecosystems in the light of each type of gear used (in particular of passive bottom gears, such as demersal longlines, which are used by the applicant fishers) or to evaluate the consequences of the conservation measures on fishing activities and on economic and social life.”
The court also said the plaintiffs couldn’t demonstrate the the Commission exceeded tis discretion in identifying these areas nor that there was anything inappropriate about their methodology in identifying those areas. Nor did it infringe either the rules of the Common Fisheries Policy or the principle of proportionality by indiscriminately prohibiting fishing with bottom gears in all the designated areas.
The court also noted that Spain and the applicant fishers have not shown that passive gears are free of adverse impacts, and it therefore cannot be ruled out that those gears may pose a risk to vulnerable marine ecosystems.
The Deep Sea Conservation Coalition (DSCC) welcomed the decision confirming the legality of the European Commission’s 2022 implementation of closures to protect deep-sea habitats from the destructive impacts of bottom fishing. These areas include cold-water coral reefs, sponge aggregations, and other fragile habitats essential to ocean biodiversity.
“This ruling affirms that EU deep-sea protection must be grounded in existing law and scientific evidence, not swayed by short-term industry interests,” said Sandrine Polti, DSCC Europe Lead. “It’s a critical victory for the deep sea and for future generations who depend on healthy ocean ecosystems.”
Scientific evidence shows that bottom trawling and other bottom contact gears, such as bottom-set longline fishing, can cause significant damage to deep-sea ecosystems. Bottom-set longlines can break or dislodge cold-water corals and sponges, entangle marine life, and disturb the seafloor, particularly when deployed in areas already identified as VMEs.
