Template letter to MPs on fishing

Fishing for Leave recently conducted mass nationwide port protests where 200 vessels and thousands of public supporters demonstrated against the governments capitulation to the Transition deal which would see the UK obey all EU law AFTER Brexit.

This would allow the EU to enforce detrimental laws to cull what’s left of the British fleet and coastal communities to claim our resources we would no longer have the fleet capacity to catch using UNCLOS Article 62.2.

This betrays one of the acid tests of taking back control and spits in the face of the biggest vote in British history. Leave meant leave not trapped in transition and Fishing for Leave ask all members and supporters to lobby their MPs to make it clear that they must serve their constituents and communities not dismissive Whips who think fishing is expendable and that coastal communities don’t count!

If you want to see our fishing grounds and communities survive and boom with Brexit please take 5 minutes of your time and the pittance of a stamp and envelope to write to your MP.  https://www.parliament.uk/mps-lords-and-offices/mps/

Please send the template letter below, which is available to be downloaded as a pdf here

………………………………………………….

Dear …………………………………………………..,
Following the mass demonstration of 200 vessels and thousands of public supporters on Sunday 8th, I write to you due to my abhorrence over the Transition deal and the dire existential threat it presents to what’s left of Britain’s fishing industry and coastal communities within the 21months, along with the longer term legal implication of a potential protracted legal fight it creates.

The government  must ratify this transition as part of the withdrawal agreement and treaty with parliamentary approval. The terms of the transition subject the UK to re-obeying all EU law, including all new laws, after Brexit and the official termination of our current membership.

This negates and squanders the clean slate provided by Article 50 that states the “treaties shall cease to apply” and with that all accrued rights and obligations – including the disastrous, inept Common Fisheries Policy. This would automatically repatriate our waters and resources to national control by reverting to international law

Being trapped in the 21month Transition means the EU will be free to enforce detrimental legislation to cull what is left of the British fleet. The EU has every incentive to do to enable it to use international law under UNCLOS Article 62.2 to claim our resources we would no longer have the fleet to catch

The EU can do so using the inept EU quota system which is wholly unsuited to UK mixed fisheries and which forces fishermen to catch and then discard en-mass to find species their quota allows them to keep. As of 2019 there is to be full enforcement of the EU discard ban which addresses the discard symptom not the quota cause.

As of 2019, when a vessel exhausts its smallest quota it must cease fishing – vessels must tie up early in the year. Public body SeaFish calculates approximately 60% of UK resources will go uncaught and resultantly a similar proportion of what is left of the British fleet will go bankrupt.

Contrary to bland assurance, obeying the CFP means the EU has sole power to alter the ‘relative stability’ share outs of resources and is free to do so to the UK’s detriment. The 12mile limit which gives protection to our inshore and shell-fishermen along with nursery grounds can also abolished – it may terminate on withdrawal.

Worse, because the transition is part of a new treaty after Brexit it exposes the UK to a potential protracted legal fight over continuity of rights under Article 30 & Article 70 of the Vienna Convention on Treaties. Article 70 states the termination of a treaty does not affect any rights or obligations…unless the treaty otherwise provides, or the parties otherwise agree”.

Article 50 states & terminates current rights but the transition treaty has no such clean guillotine exit clause!

There is real danger the EU could subject the UK to a legal battle after 21 months for continuation of rights which the UK will have re-created by re-obeying all EU law in a new Transition treaty. The Transition renders all government and MP commitments, promises and assurances to reclaim British waters as worthless!

It is imperative for the survival of fishing communities in a multitude of constituencies that the capitulation of fishing being imperilled in a transition is reversed and the Prime Minister commits to all sovereignty and control over all waters and resources within the UKs EEZ reverting to Westminster at 11pm on 29th March 2019.

Failure to do so would be a tangible demonstration that there is no intention of making a serious stand on fishing or Brexit nor fulfilling “taking back control of our borders” of which fishing is an ‘acid test’ of Brexit.

I hope that as Member of Parliament your constituents can count on your full support in ensuring No Deal Is Better Than A Bad Deal & that fisheries are therefore exempted from the transition so MPs are not responsible for a second betrayal & sacrifice of Britain’s coastal communities which the public will not be forgiving of.

Yours Sincerely,     ………………………….

In Support Of Fishing for Leave

 

Support Fishing for Leave’s protests – details, dates and venues (updated 4th June)

Fishing for Leave is staging mass protests with fishermen in ports nationwide against the Transition deal that will see the UK obeying all EU law including the hated Common Fisheries Policy (CFP). The demonstrations will be joined by top Tory MPs and Brexiteers.

** A PROVISIONAL DATE OF JUNE 16th HAS BEEN SET FOR “BRIXHAM TRAWLER DAY” IN DEVON> MORE DETAILS TO FOLLOW **

Transition will eradicate British fishing Industry

Press release from Fishing for Leave
  • Fishermen’s Organistation Fishing for Leave say it is now unequivocal fact that the “Transition” means we will be trapped obeying all EU law including the disastrous Common Fisheries Policy (CFP) as some sort of vassal state
  • FFL cite EU could trap UK in protracted legal claims for ‘continuity of rights’. Continued CFP is existential threat to what is left of the British fishing industry and coastal communities.
  • Group claims EU will have little charity as the UK will be locked into “legal purgatory” in the CFP where EU could cull UK fleet and claim ‘surplus’ UK hasn’t capacity to catch.
  • FFL implore government and MP’s to refuse the “transition” terms and to exempt fisheries from them

Fishermen’s organization Fishing for Leave say the proposed “transition” is a grave constitutional danger and an “existential threat” to the survival of Britain’s fishing industry and coastal communities.

The group say it is now clear that the “transition”, which they have been warning for months, would give the UK a Brexit in name only. In a position of neither remaining as a member, as Article 50 terminates the UKs current membership on the 29th of March 2019, nor leaving as the terms of the transition say the UK must obey the entire Acquis (all EU law -old and new) including the disastrous Common Fisheries Policy (CFP).

**NOTES
The EU clearly stated their terms as announced on 29th of January;

12. any transitional arrangements…. should cover the whole of the Union Acquis…Any changes to the Acquis should automatically apply to and in the United Kingdom during the transition period.

17. The UK will no longer participate in or nominate or elect members of the Union institutions, nor participate in the decision-making or the governance of the Union bodies, offices and agencies.

20. Specific consultations should also be foreseen with regard to for the fixing of fishing opportunities during the transition period, in full respect of the Union acquis.

CLAUSE 12 & 20 CLEARLY SAYS WE WILL STILL HAVE TO RESPECT THE ACQUIS (i.e. THE CFP). CLAUSE 17 SAYS WE’LL HAVE NO SAY OR RECOURSE

Veteran Campaigner John Ashworth said
“Our primary concerns  is ‘Continuity of Rights’ under treaty law. We have always been concerned that adoption of all EU law onto the UK statute book could allow the EU to cite that rights acquired under the Acquis should continue to apply – the EU has stated this since its parliamentary briefing notes on Brexit in February 2016”.

“A “transition” period compounds this danger. As it is part of the deal after we leave the EU under Article 50 and it will have to be underwritten by a new ‘transition’ treaty between the two parties. Under the terms of the treaty the UK will have agreed to re-obey the entire Acquis after we terminate our current membership”

“As we will either not terminate the new ‘transition’ treaty nor have a clearly defined Article 50 get out  clause where “the treaties cease to apply”, then Article 70 of the Vienna Convention says “unless the treaty otherwise provides…..the termination of a treaty does not affect any rights, obligations or legal situations created through the treaty”..

“In addition to this Article 30 of the Vienna Convention provides that if a previous and latter treaty are not incompatible, and that the old treaty is not terminated then the rights of that treaty will still apply.”

“We will have created a continuity of rights by adopting all EU law and then agreeing to obey it as per the terms of a transition treaty. The EU could then argue for this in protracted litigation that would bind us into the CFP and hamstring the UK for years to come”.   

                                                                                                                                                                                     
Existential Threat to the Fishing Industry
Alan Hastings of FFL continued;
“If we fail to break free from the CFP the EU will be free to implement policy changes to our detriment. We doubt the EU27 would feel charitable to their political prisoner who has no representation but abundant fishing waters”.

The group say that the ill-conceived EU quota system and discard ban is the existential threat that could be used to finish what’s left of our Britain’s fishing fleet allowing the EU to claim the ‘surplus’ that Britain would no longer have the capacity to catch.

Alan highlighted;
“Rather than address the cause of discards – quotas, the EU has banned the symptoms – discards.

Now when a vessel exhausts its lowest quota it must cease fishing. ‘Choke species’ will see vessels tied up early and, according to official government Seafish statistics, 60% of the fleet will go bankrupt”.

If a sizeable portion of the UK fleet is lost international law under UNCLOS Article 62.2 which says;  ‘Where a coastal State does not have the capacity to harvest the entire allowable catch, it shall… give other States access to the ‘surplus’.”

Fishing for Leave warns that between the EU having the opportunity to claim “continuity of rights” even if proved wrong they could drag out Britain being trapped in the CFP and its quota system and discard ban for enough time to fishing our fleet off.

Alan concluded;
Once we have lost our industry there is no way back from this Catch 22– if we do not have the fleet we cannot catch the “surplus” and if we do not have the “surplus” we cannot maintain a fleet. With this we will also lose a generation and their skills which are irretrievable.

The UK political establishment of all hues would not be forgiven for betraying coastal communities a second time.

“A transition destroys the opportunity of repatriating all Britain’s waters and resources worth between £6-8bn annually to national control. This would allow bespoke, environmentally fit-for-purpose UK policy that would benefit all fishermen to help rejuvenate our coastal communities”.

“As Minister, Eustice promised we could rebalance the shares of resources where we, have the EU fleet catching 60% of the fish in our waters but receive only 25% of the Total Allowable Catches even though we have 50% of the waters”

“This transition is the reverse of this and something exceptional that is within touching distance and what the public in constituencies across our land expect to see on this totemic and evocative issue”.

“The government and MPs must refuse the “transition” terms and exempt fisheries from them or we will consign another British industry to museum and memory.

“That Theresa May has known this all along means she, and her remain minded officials, are fully complicit in the embryonic stages of a second betrayal and sell out of Britain’s fishing industry”.

NOTE ON PM’s comments

For too long people have bought the government rhetoric. The PM and Ministers have repeated; “We will be leaving the Common Fisheries Policy on March 29, 2019”.

This spin has never been a commitment nor indication of a clean Brexit for fisheries. Those who kept citing these words have been either mendacious or naive to the reality of a Transition.

The government has known all along what the transition meant. The PM always continues, that;
“Leaving the CFP and leaving the CAP” wouldn’t give the opportunity until post that implementation (transition) period – to actually introduce arrangements that work for the United Kingdom. The arrangement that pertains to fisheries during that implementation period will, of course, be part of the negotiations for that implementation period”.

We may officially “leave” the CFP on 29th March 2019 but we’ll re-obey entire EU Acquis as part of the “transition” period after Article 50 officially terminates the UKs membership – we will have left in name only.