An international court has dismissed a legal challenge against Britain’s ban on commercial sandeel fishing in the North Sea, upholding a key conservation measure introduced in early 2024.

Sandeels, small fish crucial to the diet of seabirds and marine life along the UK coast, have seen declining populations. In response, bans were implemented for English and Scottish waters, preventing trawlers from targeting the species.

The decision faced opposition from the European Union, which argued the ban was “discriminatory and disproportionate,” particularly affecting Denmark’s sandeel fishing industry.

However, judges at the Permanent Court of Arbitration (PCA) in The Hague ruled there was no legal obligation to reverse the closures. Although the court found the English ban breached aspects of the post-Brexit trade agreement due to its disproportionality, it did not require the UK to lift the ban.

Conservation groups, including the RSPB, which manages Bempton Cliffs in East Yorkshire, supported the restriction and gave evidence in the court hearing, citing concerns for declining seabird populations.

Beccy Speight, the RSPB’s chief executive, said: “We are absolutely delighted the panel has found the ecological case for the closure of industrial sandeel fishing is sound.”

“Safeguarding sandeel stocks is a key part of the jigsaw that will help set our puffins, kittiwakes and the wider marine environment on the path to recovery.”

Sandeels are fished commercially for use in animal feed and oil production.

Danish fishing representatives, including Esben Sverdrup-Jensen of the Danish Pelagic Producers’ Association, had claimed the ban severely impacted the industry and argued that sandeel stocks were healthy, disputing scientific data indicating otherwise.

“It means we have lost about half of the fishing grounds that we have traditionally fished on for decades,” he said.

“Sandeel is probably the best managed fishery in the world,” he added.

Despite the ruling’s acknowledgment of trade agreement breaches, both UK and Scottish governments welcomed the outcome. The Scottish government reaffirmed its commitment to protecting seabirds, highlighting the importance of maintaining the North Sea ban.

Scotland’s Rural Affairs Secretary, Mairi Gougeon, said: “Protecting our marine ecosystem is vital to Scotland’s environment, and to the people and communities who rely on it.

“The ruling reaffirms the appropriateness of the actions we took last year to do just that.”

The European Commission also responded, stating it welcomed the PCA’s decision for providing legal clarity regarding fishing rights and trade obligations.

It said: “The UK is required to immediately comply with the final ruling and shall inform the EU within 30 days of the [compliance] measures it will take”.

A spokesperson for the Department for Environment, Food and Rural Affairs (Defra) welcomed the decision and emphasised that while the UK would act to ensure compliance with the trade deal, it was not legally required to reopen English waters to sandeel fishing.

The ruling allows the conservation-focused restrictions to remain in effect as officials balance environmental protection with international trade obligations.

 

 

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