The Beginning of the End for Britain’s Fishing?

Fishermen’s Organisation Fishing for Leave highlight that the leaked (and soon after published) Government DRAFT TEXT FOR DISCUSSION: IMPLEMENTATION PERIOD detailing the Government position on the Transition deal show a deliberate effort to fashion Brexit in name only.

The group accuses the government of engineering terms that fly in the face of the biggest democratic instruction in British history.

The document says the government believes-

The UK believes this document demonstrates that there is broad alignment between the UK and EU positions, with only a small number of areas requiring discussion.

Has enraged most Brexiteers who see this as a brazen confession that the government sees “broad alignment in position” as an admission the government is prepared to capitulate what they see as the EUs stringent transition terms.

The Terms of the transition as that although the UK will have officially left the EU and no longer be a member the UK will re-agree to obey all EU law after we leave. Many back bench brexiteers with Jacob Rees-Mogg heading them say Britain would be reduced to being some sort of ‘vassal state’.

Fishing for Leave say the document is a sneaky admission of the disastrous situation the government are digging not only fishing but the country as a whole

NOTES
The official terms in Article X+4 – Specific arrangements relating to Fisheries Policy – say;

[Paragraph 1] As regards the fixing and allocation of fishing opportunities … for any period prior to the end of the Period (i.e. the transition), the EU and the UK shall agree the fishing opportunities related to the UK prior to the decision-making process within the Council. The United Kingdom shall participate alongside the EU and other coastal States in international fisheries negotiations.

The changes to paragraph [1] are to clarify the need for agreement between the UK and the EU with regards fishing opportunities during the (transition) Period, in advance of the formal processes at the December Fisheries Council, in which the UK will no longer have voting rights. The changes also reflect the consequences of the UK’s status as a third country for participation in negotiations with other coastal states.

They say that the text above is an admission that the government has to engineer an arrangement to allow the UK as a non-EU member but an independent coastal state to surrender its fisheries resources and waters to the EU as part of a transition deal where we must obey the CFP of “equal access to a common resource”.

Many Brexit groups have highlighted because the UK is would not be a member of the EU it cannot be officially recognised by other non-EU nations as being party to deals they have with the EU.

Fishing for Leave cites that this would work in reverse on fisheries As the UK will no longer officially be an EU member the EU cannot officially act or speak on behalf of the UK in international agreements – such as international fisheries agreements

Alan Hastings FFLs spokesman said “Saying the UK and EU will participate at international negotiations is a way to ensure the UK signs off whatever the EU tells us. We then return home and have to surrender our resources to the common EU pot to be divided out under the same grotesquely unfair shares of the CFP to obey the transition arrangements between us and the EU”

“To give some sort of context as a rough legal comparison think of a husband (the EU) and wife (the UK)”.

“Although they are married (i.e. the transition deal) it is a matter of fact the wife (the UK) is a person/country in her/our own right (a coastal state). The husband (the EU) cannot sign for the wife (the UKs) inheritance (fisheries resources agreed international)”.

“However, as they are married (transition deal) once the inheritance (fisheries resources agreed internationally) are concluded the inheritance (our fish) belongs and is divided between their common household where the EU under the terms of the CFP only gives us half of what should otherwise be solely ours”.

FFL say this is why the government has made this provision and shrouded it in opaque wording.

NOTE
This is why DEFRAs official statement to the press when questioned below goes all fuzzy at the end.

Our proposal makes clear that when the UK leaves the EU on 29 March 2019, we will become an independent coastal state. The Treaties will no longer apply, we will no longer be a Member State, and we will leave the Common Fisheries Policy. 

“Our proposal means that during the implementation period we will sit alongside other Coastal States as equal partners in international annual quota negotiations. 

“We are expecting more detailed discussions on the text with the EU. The details of how this apply will be discussed there.”

Alan Hastings said on DEFRAs statement; “Yes, unequivocally, as a legal matter of fact, when we are an independent coastal state this confers the right to sit at the table and exercise sovereignty over our resources as the statement admits”.

“What the statement then fails to highlight is the government has built a mechanism to facilitate selling us out where we can surrender our waters and resources to the EU as part of the terms of the transition deal where we must obey the CFP thereafter – that is what is key”.

“The disgracefulness of this is amplified because they know and recognise that we will be an independent country but have deliberately contrived and decided to throw all that away to be trapped in the CFP. To sell our resources and fishermen out to the EU again but with just a different legal underpinning”.

“It is nothing short of evil, calculated maliciousness hid behind deliberately opaque wording and a PR exercise – those within the establishment who ore engineering something so heinous need to be called out”.

All fishermen’s representative bodies are aghast at the transition saying it could be used to finish of the UK fleet.  They question why fishing needs to be in a transition at all when the government recognises that we can walk away and be an independent coastal state with full control over all our waters and resources.

They are angry that the government failed to back Michael Gove’s and George Eustice’s calls to not include fishing in a transition and to leave the disastrous CFP entirely on 29th March 2019.

Alan Hastings concluded “We fear that the powers that be have laid the ground work to sacrifice Britain’s fishermen and coastal communities to continued demise trapped in the CFP where we will be another British industry consigned to museum and memory”.

A transition will void all international agreements

Press Release from Fishing for Leave, 20th February 2018

The implications of the transition should be of grave concern. What is proposed is not only an existential threat that could see our fishing industry culled, but a diplomatic and constitutional suicide pill the result of which would be an anathema not only to “taking back control” but to the point of a transition itself.

A transition is not part of leaving the EU under Article 50 – it is part of a new ‘transition’ treaty as both David Davis and Steve Baker have candidly admitted.  This is significant as it means we will not be party to current agreements, but the transition is a new treaty that stands alone.

The EU terms are the UK must adhere to all EU law but as we will no longer be an EU member should have no say. This is the EU sensibly safeguarding its interests – our government is doing the opposite.

The implications of Clause 14 and 15 of the transition terms have a severe impact on all international agreements the UK is party to through the EU.

They defeat the whole raison-d’etre of HM Governments for a transition – trade.  For the fishing industry it means the “transition” could void UK participation in all international fisheries agreements that we were party to as a member of the EU.

TRADE

Clause 14. During the transition period the United Kingdom will remain bound by the obligations stemming from the agreements concluded by the Union…while the United Kingdom should however no longer participate in any bodies set up by those agreements.

The intention is that the UK will still have obligations to the EU to adhere to the consequences of agreements concluded with non-EU countries in respect of the EU vs UK transitional relationship. In doing so this maintains the integrity of the EUs dominions and also appears to placate the UK position of everything continuing as is.

However, since the withdrawal agreement cannot bind non-EU countries, they will no longer have obligations to the UK as we will no longer be an official member of the EU but merely maintaining regulatory alignment in an EU vs UK deal.

The UK would only be able to be recognised within such agreements if other non-EU countries agree to continuing existing obligations in force through another agreement with the UK.

The negotiation of such an agreement between the UK and non-EU ‘third countries’ is the subject of the next transition Clause 15 which seemingly makes that an impossible contradiction.

Clause 15. Any transitional arrangements require the United Kingdom’s continued participation in the Customs Union and the Single Market (with all four freedoms) during the transition. During the transition period, the United Kingdom may not become bound by international agreements entered into in its own capacity in the fields of competence of Union law, unless authorised to do so by the Union.

The UK will be unable to negotiate and sign treaties within the transitional period, even if those treaties only come into force afterward – we will only be able to begin to negotiate treaties AFTER the transition period.

This means that other non-EU nations will have no obligations to recognise the UK being party to agreements signed by the EU as the UK will no longer be an official member but also a ‘third country’ when the ‘treaties shall cease to apply’ under Article 50 and our membership terminates on the 29th March 2019.

However, the catch 22 paradox is that to obey the transition the UK will not be able to enter into any agreements with other non-EU countries to seek recognition that the UK is party to EU arrangements with those countries even if they wanted to.

THIS MEANS WE WILL BE ON WTO TERMS FOR 65% OF OUR TRADE AND UNABLE TO SIGN NEW DEALS…………………..WHICH IS THE WHOLE REASON LOCKING OURSELVES INTO THE EU WAS MEANT TO AVOID! 

In respect of fisheries this could mean any agreements the EU has signed with other coastal states would no longer be binding for the UK as we wouldn’t be officially a member only a vassal state which has agreed to maintain regulatory alignment with the CFP.

This catch 22 between Clause 14 and 15 means the UK could lose agreements on access to Norwegian and Faroese waters for our pelagic and largest whitefish vessels.

The EU can’t be any clearer that this is the case;

As part of the EU Commission document ‘Internal EU27 preparatory discussions on the framework for the future relationship: “International Agreements” 6th February 2018’ the EU makes explicit the consequences regarding international agreements concluded by the EU:

Point 13: “Following the withdrawal, the United Kingdom will no longer be covered by agreements concluded by the Union or by Member States acting on its behalf or by the Union and its Member States acting jointly”.

The EU then continues;

In principle, as a non-Member State, the UK would be able to negotiate international agreements But

  1. the bona fide application of the Withdrawal Agreement prohibits conflicting obligations
  2. duty of sincere cooperation

iii. explicit provisions in the Withdrawal Agreement: “During the transition period, the UK may not become bound by international agreements entered into in its own capacity in the fields of competence of Union law, unless authorised to do so by the Union.”

The Withdrawal Agreement can oblige the UK to respect “the obligations stemming from the agreements” However, the Withdrawal Agreement cannot guarantee the extension of the benefits from those international agreements to the UK!

IT CANNOT BE ANY CLEARER! How will the UK be party to continuing EU deals?

How will the UK be able to seek and agree recognition with other non-EU third countries?

It would be interesting to hear a proper government and DexEU response to how the UK can conclude a future “deep and special” trade deal with the EU under the transition as David Davis professes is required if Clause 15 bars us from concluding agreements… the Government tried (and miserably failed) to do so in;

HM GOVERNMENT – TECHNICAL NOTE: INTERNATIONAL AGREEMENTS DURING THE IMPLEMENTATION PERIOD – 8th February

In this document the Government asserts that

  1. …the implementation (transition) period would be based on the existing structure of EU rules and regulations. In its negotiating directives, the EU has adopted the same position. It has stated that “the Union acquis should apply to and in the United Kingdom [during the implementation period] as if it were a Member State”. This is echoed in the Commission’s paper on Transitional Arrangements in the Withdrawal Agreement, which states that EU law “shall be binding upon and applicable in the United Kingdom” during the implementation period.

EU law and agreements are binding on the UK as agreed in a transition treaty between the UK and EU. Such a treaty cannot bind the other non-EU ‘third country’ nations who the EU has an agreement with.

  1. This would be achieved by agreement of the parties to interpret relevant terms in these international agreements, such as “European Union” or “EU Member State”, to include the UK.
  2. Such an approach could be used both to ensure the UK’s continued participation in mixed EU third country agreements… At present the UK as an EU Member State is bound by obligations, and benefits from the rights… It is proposed, with the agreement of relevant third countries, that those rights and obligations continue to apply to the UK on the EU side of the agreements for the duration of the implementation period.

The UK can’t sign agreements with other parties as Clause 15 of the Transition terms forbid the UK from entering any agreements, deals or treaties with other non-EU ‘third countries’. In addition to this the words ‘proposed’, ‘could’…… would…. should….. mean that the position the government is digging itself into relies on the EU and other countries benevolently recognising the UK to be party to EU agreements.

Rather than leaving cleanly and being free to operate as an independent sovereign nation the transition (by the governments own admission) digs this country into a subservient position with no guarantee of being party to any international agreements through the EU.

The position the government is digging itself into relies on the EU and other countries benevolently recognising the UK to be party to EU agreements.

Rather than leaving cleanly and being free to operate as an independent sovereign nation the transition (by the governments own admission) digs this country into a subservient position with no guarantee of being party to any international agreements through the EU.

WHAT THIS MEANS FOR THE FISHING INDUSTRY

In respect of fisheries all the Clauses above means that although the UK will follow the CFP as a vassal state (through the terms of a transition treaty between the EU and UK) countries such as Norway, Faroe and Iceland have no obligation to recognise the UK being party to EU arrangements and even if they wanted to Clause 15 means the UK can’t sign any deal as an EU satellite.

Yet because the UK will have submitted to an EU vs UK “transition” agreement we will have agreed to re-obey the CFP where we re-agree to give the EU our fishing waters and resources to divide out as the EU see’s fit through relative stability and agreements it reaches internationally.

This would mean the UK would still have the EU catching 60% of the resources from our waters and the EU would be able to use UK whitefish and pelagic quota as negotiating capital but we would be unable to take back control and then use our position of strength as a new independent coastal state to make our own mutually beneficial agreements with our Nordic neighbours.

The UK would continue to lose out in the CFP but also lose access to Norwegian and Faroese waters for the most powerful catchers in the UK fleet. We would lose twice rather than gain twice by walking away. We would be hit 4 times over in a transition where we loose international agreements but are still in the CFP;

We would see some of the most powerful catchers in the UK Whitefish fleet displaced from Faroese and Norwegian sector waters.

 These vessels would be back into an already stretched UK sector with the EU still pocketing half of our whitefish resources.

It would see our pelagic fleet lose access to Norwegian waters for mackerel and atlanto-scandiv herring

The EU can further exploit UK quota (especially pelagic) to make deals to benefit the EU27 fleet due to our compliance with the CFP.

To stick the final nail in the coffin a continuation of the quota system where fishermen have to discard in order to find the species their quota allows them to keep conjoined with a fully enforced discard ban can be used by the EU to finish the UK fleet.

Under the discard ban rather than address the cause of the discard problem, that a quota system does not work in mixed fisheries, the symptom of discards is banned. Under the discard ban a vessel must stop fishing when it exhausts its smallest quota allocation – these “choke species” will bankrupt 60% of the UK fleet as detailed by the governments own figures through Seafish.

This would destroy our catching capacity and allowing the EU to claim the “surplus” of our resources we would no longer be able to catch under terms of UNCLOS Article 62.2 due to such a culling of our fleet.

Signing up to a transition on will see the ruination of what is left of the UK fishing industry when Brexit should be its salvation. Another 2 years of the CFP and a continuation of the quota system will see our fishing industry become yet another British industry consigned to museum and memory.

CONCLUSION

Under the auspices of this proposed transition “deal” (more an edict to obey) the UK will be on WTO with the rest of the world, unable to conclude deals with the rest of the world until after the transition and will be locked into maintaining regulatory alignment whilst obeying the entire Acquis (with continued freedom of movement).

The UK will be trapped in the CFP where our fishing industry will be culled to make way for the EU fleet whilst also losing any access to Faroe and Norway which will diminish fishing opportunities further.

It is nearly unbelievable that the political establishment could contemplate locking the 5th most powerful nation in the world into such a subservient position especially against the expressed wish of the British people to leave the EU in its entirety as voted for in the biggest vote in British history.

A TRANSITION MEANS BRITISH FISHERMEN ARE STARING DOWN THE BARREL OF A GUN!

DEFRA Collusion With Dutch Pulse Fishers

Press release by Fishing for Leave

Row over the highly controversial technique escalated following a meeting held in DEFRAs London headquarters Nobel House between the National Federation of Fishermen’s Organisations (NFFO) and Dutch VisNed representatives to agree voluntary areas closed to pulse trawlers off South Eastern England.

Local fishermen accuse DEFRA of colluding with pulse trawler owners by acquiescing & hosting a ‘rigged’ meeting that the government now touts as being a solution.

Local East Anglia fishermen say the agreement has no legitimacy, citing that the NFFO far from representing “British” fishermen is actually majority controlled by EU owned but UK resisted “Flagship” Companies.

Local fishermen’s representative Paul Lines of the East Anglia Fishermen’s Alliance blasted;

“Mr. Eustice recently refers to a completely illegitimate “voluntary agreement” between the Dutch fishing industry and UK “fishing interest representatives”, namely the National Federation of Fishermen’s Organisations (NFFO)”.

“This agreement was secretly drafted by the NFFO with the Dutch fishing industry during the Christmas period and without consulting British fishermen” denounced Paul Lines.

“This deal is a complete fraud. It has no standing,” Paul Lines added. “This ‘British’ federations membership is mostly large-scale EU “flagship” interests.

“There is a direct conflict of interests where the NFFO is brokering agreements which involves a form of fishing highly detrimental to east coast fisheries and environment which is pursued by Dutch companies that fund the NFFO!”

“That the government knows the NFFO is flagship controlled and touts it as an authority to speak on an issue whilst concocting agreements in government offices makes DEFRA culpable in this too.”

“The vast majority of British fishing professionals are not members of the NFFO and are vocally in support of a complete ban of electric pulse fishing whilst the NFFO is not.“

“The NFFO had no mandate to negotiate a scandalous deal that did not reflect the will of fishermen: the NFFO manoeuvre to secure the future of the Dutch fishing industry in British waters, and to lock a DEFRA position touted by the fisheries Minister in favour of the Dutch, is damned disgraceful”.

“George Eustice has to defend British fishermen from destructive fishing practices by foreign vessels, full stop, taking an organistion that is Dutch funded as the voice of British fishermen is untenable.” concluded Paul Lines.

Mrs May – trying to face both ways

Like the Roman god Janus, Our Prime Minister, it seems, is trying to face both ways at once. On the one hand, she has been kicking out against the unacceptable terms which the EU  has set for any transitional agreement while on the other, she seems keen to capitulate on important areas such as criminal justice.

Michel Barnier, the EU’s chief negotiator recently stated that agreement on a Brexit transition was “not a given” and with good reason. Theresa May, having read the EU’s terms has fought back, insisting that we must have greater freedom than the EU wants to allow us after Brexit.  She apparently intends to oppose the EU’s terms for citizen’s rights and any thought of us being a passive recipient of EU law but with no say in its formulation. The terms are so harsh, as we have stated, that it would have been unacceptable for Mrs May to have rolled over. Already there is much backbench disquiet over the EU’s proposals. Hopefully all MPs will have read the document produced by the European Commission dated 7th February and in particular, the chilling words in the first paragraph of Page 5:- “For the purposes of the Treaties, during the transition period, the parliament of the United Kingdom shall not be considered to be a national parliament.

Of course, Mrs May presides over a split cabinet. Our friends in Fishing for Leave recently commented on the struggles which Michael Gove has faced merely for wanting the UK to take control of its fishing policy after Brexit. That such a battle even needed to be fought is a cause for concern.

Recalcitrant cabinet members cannot, however, take the blame for Mrs May’s proposed speech in Munich next Saturday where she will give a speech including a  declaration that the UK will continue to participate in the European Arrest Warrant as well as retaining its Europol membership.  Mind you, like much of Mrs May’s Brexit strategy, this may well amount to wishful thinking as it’s not up to us whether we remain participants in these two schemes. Last November, Michel Barnier said that we would be ejected from Europol as it was only open to EU member states. Our ejection was the “logical consequence of the sovereign choice made by the British.” Unlike our team. M. Barnier is not known for changing his stance on key issues, so Mrs May’s speech next Saturday may turn out to be  empty rhetoric.

Indeed, we hope it is so for otherwise, she will face yet more fully-deserved criticism from her MPs. Jacob Rees-Mogg, first off the mark as usual, has reiterated his long-standing opposition to any further UK involvement with this flawed scheme. Regular visitors to this website will be in no doubt about the Campaign for an Indepndent Britain’s opposition to any ongoing participation in the EAW, Europol or the EU Gendarmerie – and we will continue to campaign on this issue if we are not pre-empted by M. Barnier rendering our efforts unnecessary. We fail to understand why Mrs May, Amber Rudd or anyone else wants to keep us locked into our current unsatisfactory relationship with the deeply flawed inquisitorial criminal justice systems of most EU member states.

On a different note, readers will be familiar with our reporting of the pathetic behaviour of the remoaners. It  seems that a small minority of them have touched a new low. At least six major backers of the Leave campaign have received identical death threats. The wording is quite chilling:- “You have stoked the fires of Brexit and led us to this moment. You can no longer be tolerated. We are coming for you. We are going to kill you.” The group sending these letters calls itself “the Real 48 per cent” and has also targeted Cabinet minister Andrea Leadsom.

We would be the first to point out that the vast majority of remain voters, including most of those who sincerely believe that we should remain in the EU, would not remotely condone this sort of intimidation. Indeed, this shadowy group’s title is misleading in the extreme. They only speak for a minute fraction of the 48% of voters who supported remain.  The reality is that most voters on both sides of the debate actually care very little about Brexit any more.  As one writer put it, most people just wish that, as an issue, it would just go away.

So indeed would we, but not until we have achieved full independence – and this includes freedom from the EAW and Europol, full control over who fishes in our Exclusive Economic Zone and a relationship with the EU which is far looser and completely free of the subservience of the proposed transitional agreement.

Michael Gove’s cabinet fishing battle

After the recent Brexit cabinet meetings it has been disclosed that Secretary of State Michael Gove had to “battle” to ensure cabinet agreement that Britain would control setting of fishing limits when Britain’s membership terminates on the 29th March 2019.

 Fishing for Leave welcomed Mr Gove’s attempts but said it is “shameful” that there had to be a “battle” with cabinet Remainers over fishing, given it is widely perceived as not only symbolic, but also an issue where the Conservatives have to exorcise the actions of Ted heath.

 Fishing for Leave’s Alan Hastings said; “We give a cautionary “Well Done” to Michael Gove! This now needs to be seen through if he and other parliamentarians want to be heroes instead of hounded!”

“We will irrefutably be independent state as of March 2019 with an automatic return of sovereignty over OUR waters & resources as we leave the CFP. Therefore, there is no need and fishing shouldn’t be given away again to be part of any type of ‘transition’ or ‘3rd party’ deal that see’s us bound into the CFP in anyway shape nor form”.

“Some arrangement where Britain is allowed to meekly speak from the back of a room in Brussels could only be a sell-out not a victory”.

 “Avoiding such a situation by not having a “transition” where we are a vassal state, will see Britain in the same position as Norway, Iceland and Faroe and the EU will have to seek arrangements to be allowed to continue to fish our waters and resources on an equal barter basis”.

Fishing for Leave said they are concerned that there is now a concerted elitist establishment campaign to thwart Brexit to name only.

Alan Concluded “It’s about time Brexiteers “take back control” to make sure we do really crack on an prepare to leave the EU properly – fishing is a key symbolic battle with a huge prize to be won for coastal communities and constituencies – a ‘transition’ would snatch this which is in touching distance as a beacon of success for all concerned”.

See also this article.

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.