March 28, 1995

Article published in the FINANCIAL TIMES, Tuesday March 28, 1995.

"estai's Boarding Tantamount To Piracy"

A personal view by Mr. Luis Atienza, Spanish Minister of Agriculture, Fisheries and Food.

A series of events over the past year, culminating in Canada's seizure of a Spanish fishing trawler earlier this month, is the story of Ottawa's strategy for keeping international fishing stocks to itself - at any price.

The Events Were:

* On May 10 1994 Canada ceases to recognise the International Court of Justice's authority on fishery issues;

* On May 12 1994 Canadian legislation permits the seizure of falg-of-convenience fishing vessels in international waters;

* On March 3 1995 Spanish and Portuguese vessels also become liable to capture;

* On March 5 Canada issues a radio warning - EU vessels have fished enough and may be seized;

* On March 9 a four-hour chase begins 220 miles off-shore, shots are fired, and Canada boards the trawler Estai.

By definition, the boarding was an act of piracy. Canada's justification that it is safe-guarding stocks is a fabrication to cover up bad management of its own fishing grounds.

The Greenland halibut is a flatfish species. Deep-water fishing, at depths of 800-1,500 meters, was developed by Spanish fisherman with help from oceanographic institutes, following pressure on other fish species.

This is the first year that limits have been put on Greenland halibut cachtes. Althoungh scientific studies recommended a 40,000-tonne ceiling, the Northwest Atlantic Fisheries Organisation fixed a total allowable catch of 27,000 tonnes, less than half the previous year's.

The problem arose when Canada assigned itself a quota increasing its potential catch by 300 per cent, while the EU's allowance meant a 90 per cent reduction.

The share-out was decided by six votes to five, with two abstentions, breaking with NAFO's tradition of consensus. The EU has just one vote, the same as Estonia, Cuba, Poland or any of the other contracting parties. It hardly seems right to overrule the opinion of 15 countries which, although they have only one vote, outnumber the rest of the contracting parties together.

As for Canada's conservationist claims, its 200-mile zone, containing 90 per cent of this fishing ground, has been under its exclusive management for 18 years but this does not appear to have done much good to the fish.

That a country which has exhausted its resources should set itself up as guardian of the 10 percent outside its control is an absurdity. Spanish fishermen realise that good management means preserving fishing grounds, the only guarantee for the future.

The Canadian fishing industry has lost about 40,000 jobs in recent years and is now threatened by budget cuts. Canada's answer is to place the blame somewhere else, to find a foreign enemy it can hold responsible for all this problems, even though that country has nothing to do with them.

St. John's, Newfoundland, where the Estai was impounded, was founded by Spanish fishermen almost 400 years ago and named San Juan de Pasajes after a Basque fishing town. It continued to be used by Spanish fishermen until they were excluded from the zone.

It seems a bit much, 18 years later, to accuse them of finishing off the fishing grounds. EU vessels cannot now enter port even for humanitarian reasons. Some months ago the Estai was unable to disembark a crew member who had suffered a heart attack.

As for the supposed inspections and the nets the captors say were found aboard the Estai, Canada's procedures are not admissible.

There are Nafo rules for inspections, and Canada could legitimately have examined the holds and the nets. But it preferred to board the vessel in international waters, using armed intimidation, and then confiscate. Neither international law nor public opinion can recognise an inspection carried out in these circumstances.

This same vessel underwent nine Nafo, Canadian and EU inspections in 1994, with only one minor infringement. There is no established minimum size for Greenland halibut. One can hardly be accsused of breaking a nonexistant rule.

Canada now appears uninterested in resolving the problem within Nafo.

Meanwhile its patrol vessels contune to harass EU trawlers and endanger fishermen's lives. Its attitude is hard to understand.

We certainly have a problem, and we have to solve it.

Spain is ready to discuss reducing its catch, if necessary, to conserve stocks, and stepping up inspections if Nafo wishes.

But first, international legality has to be restored.

Canada must formally announce that it will not apply its domestic law in international waters and to ships of another country flag. It must return the bond money illegally demanded for the Estai's release. And it must compensate the EU fleet for damage caused.

In that way, calm will return to the fishing waters. We are willing. Does anyone else want a solution ?

(End of statements made by Minister of Agriculture, Fisheries and Food, Mr. Luis Atienza, published in the FINANCIAL TIMES, on Tuesday March 28, 1995)