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EU ARTICLE 47 - Sea Angling Under Attack again

Discussion in 'Sea Fishing Forum - Shore, Boat & Kayak Fishing' started by stuartmac, Dec 16, 2008.

  1. stuartmac

    stuartmac New Member

    Re: Sea Angling Under Attack again

    Hi Everyone
    Here is a Christmas present you definitely won't thank me for. It has been made available by someone close to the engine room and you may agree illustrates what we are up against. I hesitate to open an old sore but the NFSA ceases to exist on the 31st Dec. The organisation replacing it The Angling Trust is better organized, has more staff, some of whom are lawyers and will represent the voice of ALL anglers, coarse, game and sea. You have got to admit that is some clout in the realm of votes. However it needs members who will pay their subscriptions to support its efforts. Now is not the time to sit back in apathy as many did over the Rod licence. There is no wonder the Minister withdrew the proposal he probably knew this was on the horizon. So come on convert some of the spirit shown in this post into action and support an organization that can tunnel our voice in the right direction.
    Now for the bad news:

    The implications, (as seen by certain Continentals)
    for British Recreational Sea Anglers,
    of the

    European Union
    Proposal for a
    establishing a Community control system for ensuring compliance with the rules of the
    Common Fisheries Policy (CFP)
    {SEC(2008) 2760}
    {SEC(2008) 2761}

    "Grounds for and objectives of the proposal
    Due to its global and integrated approach, focusing on every aspect of the CFP, the reform of
    the control policy should not only improve control capacity and management of fisheries
    resources and establish a level playing field in the EU, but also have a positive structural
    impact on the fishing industry and on the market and, thus, combat the environmental,
    economic and social consequences of non-compliance. More specifically, the proposal aims to
    A new, common approach to control and inspection
    Introduction of harmonised inspection procedures and higher standards should ensure uniform
    implementation of control policy at Member State level, while taking account of and
    respecting the diversity and specific characteristics of different fleets.
    A culture of compliance
    The objective is to influence the behaviour of all stakeholders involved in the full cycle of
    fishing activities (catching, processing, distribution and marketing), so that compliance with
    the CFP policies and regulations is achieved not only by means of monitoring and control
    activities, but also as a result of a general culture of compliance where every part of the
    industry invests in compliant activities and the legitimacy of the CFP rules is restored.
    Effective application of CFP rules
    The objective is to strengthen the Commission’s management powers and capacity to
    intervene proportionately to the level of non-compliance by the Member States. The
    responsibilities of the Commission and of the Member States will be clearly defined in order
    to avoid overlaps and to ensure that the Commission sticks to its core activity of controlling
    and verifying implementation of the CFP rules by Member States. The current system of
    microdecisions should be progressively replaced by a macromanagement-based approach."

    The Recreational Sea Anglers (RSA's) in certain countries, notably France, Portugal and Spain, are licensed by their own governments, and through official channels are recognised as existing stakeholders.

    To date, no formal control has existed for the activities of RSA's in the United Kingdom. This is incompatible with the goal of a general culture of compliance. Some form of control mechanism is therefore inevitable, and that will equally inevitably be in conformity with the more structured mechanisms already existing in certain member countries, thus achieving a macromanagement-based approach.

    In simple language, what does this mean?

    For the Bureaucracy, an extension of activity, influence and power.

    For the Conservationists, a tighter control and ideally a reduction in the catching of marine fish stocks.

    For the RSA's, the introduction of a licence, or tax, on their activity.

    Will this apply to shore angling as well as boats?


    Article 2
    This Regulation shall apply to all activities carried out on the territory of Member States or in Community waters or by Community fishing vessels or, without prejudice to the primary responsibility of the flag State, nationals of Member States, which relate to
    (a) the conservation, management and exploitation of living aquatic resources,
    (b) aquaculture,
    (c) processing, transport and marketing of fishery and aquaculture products.

    Angling, whether from the shore or on a boat, is considered exploitation of living aquatic resources. The act of catching, or using material with the intent to catch, living aquatic resources, with the intent to either retain or return the catch, is classed as exploitation.

    Article 4
    For the purposes of this Regulation, the definitions set out in Regulation (EC) No 2371/2002 shall apply. The following definitions shall also apply:
    (1) "Fishing activity" means searching for fish, shooting, setting, hauling of a fishing
    gear, taking catch on board, transhipping, retaining on board, processing on board,
    transferring and caging of fish and fishery products;

    Angling, whether from the shore or on a boat, is considered searching for fish. The use of material with the intent to catch, living aquatic resources, with the intent to either retain or return the catch, is classed as searching for fish.

    Article 5
    General principles
    1. Member States shall control the activities carried out by any natural or legal person within the scope of the Common Fisheries Policy on their territory and within waters subject to their sovereignty or jurisdiction, in particular fishing, transhipments,
    transfer of fish to cages or aquaculture installations including fattening installations,
    landing, import, transport, marketing and storage of fishery products.

    2. Member States shall also control access to waters and resources and control activities outside Community waters carried out by Community fishing vessels flying their flag and, without prejudice to the primary responsibility of the flag Member State, by their nationals.

    3. Member States shall adopt appropriate measures, allocate adequate financial, human and technical resources and set up all administrative and technical structures necessary for ensuring inspection, monitoring, surveillance and enforcement of activities carried out within the scope of the Common Fisheries Policy. They shall make available to their competent authorities and officials all adequate means to enable them to carry out their tasks.

    4. Each Member State shall ensure that control, inspection, monitoring, surveillance
    and enforcement is carried out on a non-discriminatory basis as regards the sectors,
    vessels or persons chosen for inspection, and on the basis of risk management
    5. In each Member State, a single authority shall coordinate the control activities of all national control authorities. It shall also be responsible for coordinating the
    collection and verification of information on fishing activities and for reporting to,
    and cooperating with the Commission, other Member States and third countries.

    6. The payment of contributions from the European Fisheries Fund pursuant to Council Regulation (EC) No 1198/2006 and of Community financial contributions to
    measures referred to in Article 8, paragraph a, of Council Regulation (EC) No
    861/2006 shall be conditional upon respect by the Member States of their obligation
    to ensure compliance with and enforcement of the rules on conservation, control,
    inspection and enforcement under the Common Fisheries Policy related to, or having
    an impact on the effectiveness of, the measures being financed, and to operate and
    maintain an effective inspection, monitoring, surveillance and enforcement regime to this effect.

    Article 5 (2) control access to waters and resources implies the end of the "Freedom to Roam" principle. In addition, in the UK the tidal area of foreshore is Crown property, and this Article will necessitate national legislation to enable application.

    Article 5 (3) Member States shall adopt appropriate measures, etc. This will require extensive legislation, particularly in view of Article 47 below.

    Article 5 (5) a single authority shall coordinate the control activities. Prima Facie DEFRA, although under the British Constitution certain acquired powers may be outside the remit of that Department without new legislation.

    Article 5 (6) Clearly states that unless all the measures are implemented, EU funding will not be forthcoming.

    And specifically for boat anglers
    But with clauses that will equally apply to shore anglers.

    Article 47
    Recreational fisheries
    1. Recreational fisheries on a vessel in Community waters on a stock subject to a
    multiannual plan shall be subject to an authorisation for that vessel issued by the flag Member State.

    2. Catches in recreational fisheries on stocks subject to a multiannual plan shall be
    registered by the flag Member State.

    3. Catches of species subject to a multiannual plan by recreational fisheries shall be
    counted against the relevant quotas of the flag Member State. The Member States
    concerned shall establish a share from such quotas to be used exclusively for the
    purpose of recreational fisheries.

    4. The marketing of catches from a recreational fishery shall be prohibited except for
    philanthropic purposes.

    Article 47 (1) authorisation for that vessel. There are two basic interpretations of this.

    First, the vessel itself will carry the authority, requiring registration of the vessel with an authorised personnel capacity and a periodic authorisation (licence) to fish. This in the same manner as charter vessels in certain EU countries.

    Second, the master of the vessel will carry personal authority in the form of a licence, as will all other persons engaged in fishing activity on board that vessel. This interpretation obviates the need for vessel registration.

    Article 47 (2) registered. Again, there are two basic interpretations of this.

    First, mandatory registration of the real caught quantity/weight by species. This would require extensive monitoring & control involving a costly administrative structure.

    Second, a quota limit per species per licence per time period. For example, an individual licence would allow a maximum of 5kg per day of cod, with a maximum of 50kg for the duration of the licence.

    Note that this clause refers to Recreational fisheries not just to vessels employed in recreational fishing.

    Article 47 (3) shall establish a share from such quotas. The basis for the justification of the cost of a licence - plus administrative costs.

    Article 47 (4) philanthropic purposes. Included in recognition of angling competitions, where in many countries the fish "weighed in" are traditionally sold or auctioned off for charitable purposes. This may be used as a way by certain Mediterranean countries to exempt their small-scale fishermen who supply their own community, often on an exchange basis.

    Article 81
    Measures to ensure compliance
    1. Member States shall ensure that appropriate measures are systematically taken,
    including administrative action or criminal proceedings in conformity with their
    national law, against the natural or legal persons suspected of a breach of any of the rules of the Common Fisheries Policy.

    2. The proceedings initiated pursuant to paragraph 1 shall be capable, in accordance
    with the relevant provisions of national law, of effectively depriving those
    responsible of the economic benefit of the infringements and of producing results
    proportionate to the seriousness of such infringements, thereby effectively
    discouraging further offences of the same kind.

    3. Member States may apply a system whereby a fine is proportionate to the turnover of the legal person, or to the financial advantage achieved or envisaged by the
    commission of the serious infringement.

    4. The competent authorities of the Member State having jurisdiction in the event of an infringement shall, without delay and in compliance with their procedures under
    national law, notify the flag Member States, the Member State of which the offender
    holds the citizenship, or any other Member State with an interest in the follow up of
    the infringement of the criminal or administrative proceedings or other measures
    taken and of any definitive ruling relating to such infringement, including the number
    of points assigned.

    Article 81 (1) administrative action or criminal proceedings in conformity with their national law, against the natural or legal persons suspected This covers not only professional fishermen, but RSA's, and prohibits fishing in any form without the proper authority within the territorial waters of another member state.

    Article 81 (2) effectively depriving those responsible of the economic benefit. In addition to the direct interpretation of this - that the penalty should be equal to the potential gain, this article has been interpreted by the Spanish as acceptance of their normal procedure - the impounding of the vessel suspected of an infringement.

    Article 81 (3) achieved or envisaged by the commission. This clause gives the Commission powers to alter penalties handed down by a member state's legal system.

    Article 81 (4) their procedures. Wording reportedly insisted upon by the Spanish.

    Who benefits?

    The Bureaucratic machine? - Yes. Increased work load = increased personnel = increased power/earnings.

    The Marine Environmentalists and Conservationists? - Yes. They will have more accurate data upon which to base their evaluations.

    The Anti-Blood Sports lobby - Yes. They wish to stop all forms of Angling, and will interpret this as a positive step.

    The Fish stocks? - Perhaps. Even assuming an average 30kg per capita per annum take-home by 1.4m sea anglers, this means 42,000 tonnes of fish. In 2007, 610,000 tonnes of fish were landed by UK commercial fishermen alone in UK ports, and an estimated 200,000 further tonnes by foreign vessels. Add the fish dumped at sea and a total commercial catch approaching 900,000 tonnes is a reasonable total. The RSA catch is therefore around 5% of the fish caught.

    The Tourist Industry? - No. It is questionable how much benefit Sea Angling brings to the tourist industry overall. Game fishing is of more significance as a net importer of tourist income, but local impact in certain areas would be significant should the sea angling charter business be adversely affected.

    The Fishing Tackle Industry? - No. Statistically, the RSA's make up some 25% of the angling community, but their consumption of tackle is proportionately higher than that of Coarse and Game anglers, and accounts for nearly one-third of tackle purchases. Any significant reduction in the number and/or frequency of sea angling purchases would put most small tackle suppliers at risk.

    The Charter Boats? - No. Extra costs imposed by the provisions of the Regulations would have to be passed on to the charterers, with the inevitable reduction in business levels which will render many boats unsustainable in economic terms.

    The Recreational Sea Angler? - No. Of the 1.4m RSA's, only a minority fish with a frequency of more than once a week, and many of those whose fishing is confined to a dozen or less days a year will consider having to buy a licence too much of an imposition.

    Case Study

    Consider the situation in France.


    Essentially all fishing is licensed in France except for privately owned waters.

    A national fresh water licence currently costs €65.50 for the year, and allows game and coarse fishing.

    A salt water licensing system was brought in some years ago after protests from the fresh water anglers and pressure from the commercial sector. In basic terms -

    A national salt water shore licence currently costs €27 for the year.

    A national salt water boat licence costs €45.

    These licence costs are determined by pragmatic judgement - what the market will stand.

    There is almost no control of licences for sea angling for shore fishing, and boat fishing licences are only controlled during a safety control by the "gendarmerie maritime" when boat registration documents, insurance, boat "driving" licence, flares, life jackets and buoyancy aids are checked.

    There are almost three million fresh water licence holders in France, and less than 300,000 salt water licence holders.

    French sea anglers are like British sea anglers - they object to paying for a licence.
  2. CBass

    CBass New Member

    Re: Sea Angling Under Attack again

    Few more facts

    The total value of the angling experience measured by summing the actual
    expenditures per day and the estimates of surplus were between £600m and £1,300m per

    Source here: https://statistics.defra.gov.uk/esg/reports/seaangling/onepage.pdf

    In 2005 the entire UK GDP was £1,211 Billion Pounds

    Source Here http://en.wikipedia.org/wiki/Economy_of_the_United_Kingdom

    The loss of the income from Recreational Sea Angling would represent a drop in the UK GDP of between 0.049 and 0.1%. Doesn't sound like a lot but when you consider that the GDP has fallen 0.5% in the last quarter http://www.statistics.gov.uk/cci/nugget.asp?id=192 and this is big news then those numbers become quite significant!
  3. FireFly

    FireFly Blenny

    Re: Sea Angling Under Attack again

    ALL sent, thanks lads, should give them some interesting reading over their Xmas break!
  4. ducky

    ducky maybe one day...

    Re: Sea Angling Under Attack again

    i wrote to Godfrey w bloom MEP and this is wt i got back......

    Many thanks for alerting UKIP to this new aspect of the ever-tightening strangle hold which the EU, and its (LIB/LAB/CON) satellite governments, have been exerting, for decades, in every walk of life.

    There is little that UKIP's members, of the EU's toothless, pseudo-democratic assembly, can officially do about this new imposition on fishermen.

    We shall vote against it, of course- when the EU-commission sends it to the assembly for rubber stamping- but that is unlikely to be enough to tip the balance against the vast majority of members- who believe that each of the EU-commission's proposals must succeed, because each contributes to the construction of their longed-for, anti-democratic empire.

    At best, we can kick up a stink among the public, whose disenchantment with the EU (to the extent that more people start supporting UKIP) is the only thing the EU fears and would, therefore, try very hard to counter- even dropping its plans for the "monitoring of the recreational fisheries", perhaps-but, ultimately, there is no defence, against the creepof EU-control over every aspect of existence, other than the repeal of the European communities act. The possibility of this our only weapon, and achieving it is the only sure solution, not just to the outrage you mention, but to countless other, damaging EU-absurdities also..
    Thanks again for your important message..

    could some one tell me what that means.. i think it means there going to do bugger all????
  5. FireFly

    FireFly Blenny

    Re: Sea Angling Under Attack again

    That seems to be a stock answer UKIP are sending as a reply mate.
    They are putting together a press release that might get some public response IF it gets published!
  6. the artist

    the artist what a view , i think ill paint it or fish it

    Re: Sea Angling Under Attack again

    we need to keep this important issue at the top to remind everyone !!! it wont just go away !!!
  7. Baramundi Bob

    Baramundi Bob Super Leeds United !!!

    Re: Sea Angling Under Attack again

    The NFSA Made a response the other day


    Some interesting quotes :

  8. Dab Hand

    Dab Hand New Member

    Re: Sea Angling Under Attack again

    I couldn't agree more. Only 78 signature so far on the petition. Only 1,399,922 to go, but at the rate they are coming in of 3 per day we'll be lucky if just over a thousand people to sign up. That'll really get them trembling. :cry:
  9. stuartmac

    stuartmac New Member

    Re: Sea Angling Under Attack again

    Hi Everyone
    I know that we have had a holiday but things have gone a bit quiet on here regarding this Attack. We have not been inactive in the background though.
    The European Angling Alliance, to which the Angling Trust is affiliated, has sent their response to Brussels. It is fifteen pages long so I am not going to post it here but if anyone wants a copy if they pm me I will send them a copy.
    DEFRA has replied to Ian Burrett in response to the queries that he sent to the Scottish Marine Executive. The response makes interesting reading.
    Ian asked what the definition of a recreational vessel was?
    DEFRA:- My advice to you is to take the widest possible definitions at this time i.e. that a RSA vessel is any vessel from which recreational angling is being carried out and in regard to which Authority would administer the issuing of permits is again wide open and could be a Government body or an organisation which is acting on behalf of Government. You need to bear in mind that aspects of Fisheries are devolved, so the management of the devolved fishing zones could be subject to devolved Government decisions.
    Ian asked whether catch and release would have to be recorded

    With regard to your question on catch and release, the wording of the proposal says catching. This suggests to me that whether the fish are landed or released is not a factor just the catching aspects. This principle would probably apply to the way in which quotas are calculated and exhausted too.
    This is interesting because if "catching" is the operative word the commercials will have to record the fish that they discard. Whoops!!!!!
    Finally we have spoken to DEFRA about their offer of consultation meetings and they have agreed in principle and we are liasing with the Whitby Charter Skippers on this as soon as we have more details we will post them here.
  10. FireFly

    FireFly Blenny

    Re: Sea Angling Under Attack again

    Thanks for posting this info Stuart, interesting to see that the commercials might have to record their 'discards' as well. I wonder who will oversee that when they are 100's of miles from home.
  11. go go gadget

    go go gadget New Member

    Re: Sea Angling Under Attack again

    thanks for the update stuart :happy:
  12. ronnie from donny

    ronnie from donny New Member

    Re: Sea Angling Under Attack again

    eu this eu that i agree with whats been said about the poor man who shore fish's for what we catch will not do any damage but i never catch owt anyway
  13. GJW

    GJW Rockling

    Re: Sea Angling Under Attack again

    I have signed umpteen petition's written to my MP i dont know what else i can possibly do...

    Whatever they decide i will still go out fishing no matter what, and if they want to fine me or stick me behind bars so be it...but when i get out i will get the rods back out a do it all again.. :angry: :angry:
  14. cod_dodger

    cod_dodger New Member

    Re: Sea Angling Under Attack again

    should this not maybe be made a pinned topic?
    not to speak out of turn about such a fantastic site and all the hard work by the moderators,
    but surely this topic must be more important than forum stickers as nice as they are
  15. Baramundi Bob

    Baramundi Bob Super Leeds United !!!

    Re: Sea Angling Under Attack again

    Cheers cod dodger and of course your right. But as shown in the voting on the photographs, members often just skipped straight over anything thats pinned. Its a subconscious thing.

    If we keep bringing it back to the top every so often more people will read it.
  16. Sea over the Shingle

    Sea over the Shingle Whitby Fishing Forum _ Simply The Best

    Re: Sea Angling Under Attack again

    Just signed the Downing Street petition.

    Checked on numbers signed and it is only 177.

    Link is: http://petitions.number10.gov.uk/rsa-eu-proposal/

    Would be good to see the support for this one increase ... else we'll all be at home watching the telly!!
  17. FireFly

    FireFly Blenny

    Re: Sea Angling Under Attack again

    Seeing as we have the other thread started about boats dumping fish. I think now could be a good time.
    I have written off to MEP's, and my local MP, some have written back written back but not all. My local MP has raised the issue with Huw Irranca-Davies, Minister for the Natural and Marine Enviroment and will let me have an update as soon as they get a reply.

    UKIP are putting together a Press Release about the situation.

    I do believe that, yes, we can make a difference, IF we get stuck into these people WE elect to represent our views. IF we do nothing then we will get exactly that, NOTHING.
    If enough people sign petitions, write to their MP' or MEP's then they will have to take notice of your views eventually, even if it's only around election time.

    If you want to see who your MP's and MEP's are, click this link and put in your post code and you can write one email to send to the lot, dead easy.

  18. stuartmac

    stuartmac New Member

    Re: Sea Angling Under Attack again

    Woops pressed the wrong button giving the messgae twice was a bit cheeky
  19. stuartmac

    stuartmac New Member

    Re: Sea Angling Under Attack again

    Wakey Wakey This thread appears to indicate that you could not care less whether you can go fishing or not. I believe this is not true from the many and different threads that appear on here. However the No 10 petition indicates that there are 231 signatures. This post has been read 2224 times that means on the law of averages in the region of 1700 of you have not. But have you done anything?
    This proposal goes to the EU Parliament on 24th April. If enough noise is made and we can persuade them to veto the proposal the Commission, who originated the idea will put it back in the box.
    What have we being doing:
    SSACN has canvassed the support of Struan Stephenson a MEP who is vice chair of the Fisheries Committee, so there is a bit of clout there. Struan says:
    “For your information I have attached a briefing note which I decided to circulate to all Conservative MEPs this morning in Strasbourg. It is my intention to seek to delete Article 47 from the proposed Council Regulation. I hope that your colleagues will support me in this and make plenty of noise about it?
    SSACN have prepared the following:
    EU Article 47 could destroy sea angling.

    If you are haven't heard about it or are unsure of what the issues are, look at the bottom of the page.

    Next week MEPs are meeting to discuss the proposals which would require recreational anglers throughout the EU to :

    Have to pay for a license
    Be Subject to quota/bag limits - once you have caught that, pack up and go home
    Have to fill in catch returns in log books
    Along with these, catch and release will be banned and you will lose the right to roam.

    This will apply equally to all forms of angling - shore, boat, charter or competition.

    We need to let them know anglers are strongly opposed to the proposals ASAP, please don’t leave this to others. If you want to carry on fishing you need to respond. A one liner is just as important as a ten page email.
    Angling Trust has benn lobbying MPs and had several articles published in both the National Press and the Angling Press. A delegation is meeting the minister in the coming week to discuss this and some other pressing issues. They are also attending a meeting specifically on Marine Protected Areas, which is the next challenge facing us. We are keeping up the pressure How about YOU?
  20. go go gadget

    go go gadget New Member

    Re: Sea Angling Under Attack again

    Signed all the petitions

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