NGOs request legal scrutiny of Ministers decision to continue fishing on Baltic herring stocks in decline

CCB • January 16, 2024

Did the fisheries Ministers act in accordance with the law when setting Baltic fishing quotas for this year? We, Coalition Clean Baltic (CCB), seriously question this and will tomorrow  ask the EU Council to review its decisions to continue removing large quantities of herring even when stocks are far below safe levels. It is time to get legal clarity of what considerations must be taken when fisheries Ministers sit in all night sessions and decide on issues of detrimental importance to the ecosystem.

16 January 2024 - In light of the very poor status on the Baltic Sea and its fish stocks, CCB is requesting an internal review from the Council to seek explanation of how the past October AGRIFISH Council decisions are valid and meet the legal requirements in place.


“The continued decline of our stocks caused by the Ministries continuously acting like it’s business as usual has to stop. It’s time we demand legal action of the flagrant disregard for the law and the environment”, says Nils Höglund, CCB Fisheries Policy Officer.


The legal situation regarding human activities at sea is admittedly fragmented and seemingly unclear in regards to legal interpretation. However, it is clear that there are safeguards in place to prevent the setting Total Allowable Catches (TACs) too high or even to allow any fishing at all when the situation is serious. These safeguards have now been breached and in doing so, the Ministers have also made it nearly impossible to reach any of the environmental targets their own governments have supported just a few months ago [1] .


“Setting fishing quotas cannot be done in isolation from requirements set by EU environmental legislation or international agreements [2], nor from the ecosystem, which needs to sustain itself. Coastal fishermen, NGOs and citizens alike ask themselves if the Ministers have lost all reason when they allow continued fishing of a stock after stock disappearing from the coast. We certainly ask if it’s even legal to make such decisions.” continued Nils Höglund.


What considerations must be taken by the AGRIFISH Council of Ministers when deciding on fishing opportunities annually? This is the core of the request for internal review that CCB is submitting. Specifically, CCB wants clarity into how the rules should be interpreted, considering in particular the herring stocks in the central Baltic Sea. This stock was indicated by ICES advice [3] to be below safe levels, and also noted that the stock will likely not grow above the lowest reference level in the year 2025 even with zero fishing in 2024.


The right to request an internal review of the Council's decision is given to NGOs such as CCB via the EU Aarhus regulation (Regulation (EC) No 1367/2006). This is a rule CCB has not utilized earlier. It is a crucial scrutiny right given to civil society and private citizens to be able to question the legality of public decision making.


ENDS


Background

The AGRIFISH Council in October disregarded the Commission proposal and instead opted to keep a targeted herring fishing open and allow a large sprat fishery with known bycatch of herring, and also big issues with misreporting herring as sprat, to continue. CCB thinks this decision is illegal and seeks clarity as to what considerations should be taken and what the correct interpretation of all the rules in place implies for Council decisions on fishing opportunities.


In doing so, CCB considers it clear that the Council decided to ignore the safeguards and limits and they ignored the poor state of the Baltic Sea, the food web dynamics and clear warnings that genetically distinct sub-populations of also herring are at risk. There is no viable justification for not acting in time and the margin of discretion the Council may have to set any TAC is very low.


CCB makes the case that the Council did not act on all the information available and they did not act with caution as stipulated by the precautionary approach in the Treaty on the Functioning of the European Union (TFEU), Common Fishery Policy (CFP) etc. even when information is missing, yet risks to the stocks are known.


Notes

Coalition Clean Baltic (CCB) - Is a politically independent, non-profit association, which unites 23 NGOs, with over 1 500 000 members in all countries around the Baltic Sea. The main goal of CCB is to promote the protection and improvement of the Baltic Sea environment and its natural resources for present and future generations. More info at: www.ccb.se


[1] EU regulation 2016/1139 (as amended) establishing a multiannual plan for the stocks of cod, herring and sprat in the Baltic Sea. See specifically article 4.6 and article 5 outlines actions to be taken when stocks fall below safe levels.


[2] The key questions are related to the rules in the Baltic Sea multi annual management plan for herring, sprat and cod, to the rules in the Common Fisheries Policy (CFP) and the environmental objectives in primarily the Marine Strategy Framework Directive (MSFD). Also important is the link to the Birds and Habitat Directive as well as international treaties and regional agreements.


[3] ICES advice for fishing opportunities in the Baltic Sea in 2024:
https://www.ccb.se/scientific-advice-states-that-baltic-sea-herring-stocks-are-below-safe-levels-ngos-stop-while-there-is-still-time

CCB & other NGOs and small scale fishermen´s reaction on ICES advice for fishing opportunities in the Baltic Sea in 2024:
https://www.ccb.se/scientific-advice-states-that-baltic-sea-herring-stocks-are-below-safe-levels-ngos-stop-while-there-is-still-time 


Contacts

Nils Höglund (English, Swedish)
nils.hoglund@ccb.se
+46708679249

EU Commission upholds Fisheries Law: Finland's 2025 Atlantic Salmon quota reduced after unjustified overfishing in 2024

By CCB • May 7, 2025
7 May 2025 - Yesterday the European Commission took a strong decision to deduct Finland´s 2025 Atlantic Salmon quota due to unjustified overfishing last year. This action is a clear application of the EU fisheries rules - aiming to ensure sustainable fishing practices and compliance with established quotas - and an important precedent for the consistent enforcement of fisheries law. In 2024, Finland was allocated a strict by-catch quota for Atlantic salmon, with direct fishing prohibited, except for some specific, minor exceptions. Despite this, Finland reported catching 3,162 salmon in a targeted fishery, under a claimed derogation stating the fishery was for scientific research purposes. Upon review, the European Commission concluded that these activities did not meet the legal standards for such an exemption and therefore found this claim unjustified. The number of vessels participating, 32, the number of salmon caught as well as the fact that Finland refused to re-release the salmon after conducting the “scientific research” are all reasons why the fishery cannot be considered to have been carried out for scientific research purposes. As a result, the same number of salmon caught beyond the legal limit in 2024 is now being deducted from Finland’s 2025 quota, from the same stock. “ We welcome the Commission's decision to take enforcement action and apply the law as intended. It sends a clear message to Member States that exceeding quotas will have consequences. However, more consistent enforcement is urgently needed across EU waters, especially in the Baltic Sea, where many fish stocks are collapsing and the ecosystem is in a poor state ” said Aimi Hamberg, CCB Marine Policy Officer. The Ministry of Agriculture and Forestry of Finland has already responded to the Commission´s quota reduction for Atlantic salmon by stating that this decision “is not legally justified” and they will consider taking legal action against it. As this matter continues to evolve, it is highlighting the importance of collective responsibility in managing fish stocks sustainably. Species like salmon, herring and cod , are under increasing pressure due to overfishing, climate change and habitat loss. In this context, rule enforcement is not just a bureaucratic step but a necessary action to ensure the long-term sustainability of marine life in the Baltic Sea.

CCB is looking for a Network Officer to join our team at the CCB International Secretariat

By CCB • April 9, 2025
Coalition Clean Baltic – CCB is a politically independent network, uniting 27 environmental non-profit organizations, as well as partners and experts from 11 countries surrounding the Baltic Sea. The main goal of CCB is to promote the protection and improvement of the environment and natural resources of the Baltic Sea region by encouraging new and constructive approaches and engaging people to become part of the solution instead of part of the problem. CCB Secretariat is based in Uppsala, Sweden.