Spanish Ministry of Agriculture, Food and Environmental Affairs files official complaint with European Commission against illegal bluefin tuna fishing activity by recreational craft from Gibraltar

This activity was detected at the weekend by the Maritime Service of the Spanish Guardia Civil, which was unable to complete its control duties after the vessels fled the area while protected by a Royal Navy and Gibraltarian Police escort.

Non-compliance with international rules

Gibraltar has no legislation governing recreational fishing activity and nor does it have a quota for the fishing of bluefin tuna. Hence, this event constitutes a serious breach of international and EU fishing regulations. Additionally Gibraltar fails to communicate the compulsory data in the event that catches of this species occur. It should be reminded that the fishing of bluefin tuna - the most controlled fishing activity in the world - is governed by rules agreed by the International Commission for the Conservation of Atlantic Tunas (ICCAT).

This action, which received protection from the British authorities, is in stark contrast to the high level of control that Spain exercises over those fleets that sail under the Spanish flag with the corresponding authorisation to fish bluefin tuna. Hence, a portion of the assigned quota is set aside for sport and recreational fishing in Spain that allows for the capture of this species within this category between 15 June and 9 July, at which time such practices were subject to a precautionary ban.

Subsequently, such fishing activity was definitively banned for the rest of 2014 as from 24 July when the meeting in full of the assigned quota was confirmed. This quota is only used in those cases where the bluefin tuna accidentally dies, as Spanish legislation requires the animal to be released if caught.

The Spanish Ministry of Agriculture, Food and Environmental Affairs condemns these actions, which could undermine the arduous task being carried out by authorities and fishermen within the framework of the Bluefin Tuna Recovery Plan approved by ICCAT in 2006 and that has led to a recovery of this resource; currently at unprecedented levels in terms of biomass. To that end, it trusts that firm steps will be taken to punish this activity and prevent a re-occurrence in the future.

Objection conveyed to the British Embassy

In turn, the Spanish Ministry of Foreign Affairs and Cooperation has sent a verbal note of protest to the British Embassy in Madrid regarding this incident, expressing its objection over the fact that two vessels from the Gibraltarian Police Force and a Royal Navy patrol ship prevented the Spanish patrol boat "Río Cedena" from exercising its jurisdiction over a vessel from Gibraltar found to be illegally fishing bluefin tuna in Algeciras Bay.

The verbal note insists that Spain currently prohibits sport fishing for bluefin tuna in its waters and that, by preventing the Spanish Guardia Civil from performing its surveillance duties, the British authorities protected the undertaking of illegal fishing activity; a situation made worse by the damage caused to the patrol boat "Río Cedena" during the chase and the repeated refusal to collaborate with identifying the suspects.

Furthermore, as is standard practice under such circumstances, it is stressed that the position adopted by Spain as regards the spaces assigned and not assigned to Great Britain by the Treaty of Utrecht remains unchanged. The Kingdom of Spain does not accept any other rights or situations claimed by the United Kingdom as regards the maritime spaces surrounding Gibraltar that are not established in Article 10 of the Treaty of Utrecht of 1713.

The Government of Spain has no doubts whatsoever over the limits of its territory and Spanish vessels will therefore continue to perform their duties in Spanish waters.