Current Closure Rules Under Technical Measures Regulation
Under Annex VI of the Technical Measures Regulation, dredge fishing for king scallop is prohibited each year between 15 May and 15 October in Union waters of ICES division 7d in the eastern English Channel, south of latitude 49°42′ N and up to the limit of French territorial waters .
As the regulation is currently written, the fishery automatically reopens on 16 October, regardless of the day of the week on which that date falls.
The NWWAC said this fixed-date reopening is increasingly at odds with how scallop fisheries are organised operationally across the Channel.
Proposed Amendment To Reopening Date
The advisory council is recommending that the prohibition instead run until 00.01 hours on the first Monday after 15 October each year.
The NWWAC said this adjustment would formalise existing industry practice and provide greater legal clarity for fishing operators and control authorities alike.
Members of the Focus Group Scallop discussed the proposed amendment during a meeting held on 4 December 2025, where the issue was identified as a recurring source of operational difficulty under the current framework .
Operational And Management Rationale
In its rationale, the NWWAC stressed that the proposal is driven by operational and control considerations rather than biological concerns, with stock recovery objectives remaining unchanged.
The council noted that scallop fisheries traditionally reopen on Mondays, as fleet organisation, trip planning, and first-sale logistics are structured around the start of the working week. A reopening that can fall on any weekday disrupts these systems and increases the risk of confusion and disputes between fleets.
The NWWAC also warned that a mid-week reopening can encourage a “race to fish”, while a Monday reopening allows for a more orderly and planned resumption of activity.
From a compliance perspective, the council said a clearly defined Monday reopening improves communication with control authorities and reduces the risk of inadvertent non-compliance by fishermen operating close to the reopening time.
Reference To Prior Cross-Border Agreement
The letter also highlighted a previous informal agreement between French, Irish and British fishing operators, under which the fishery reopened on a Monday during an earlier campaign.
According to the NWWAC, this gentleman’s agreement was implemented successfully, without major difficulties or negative impacts, and contributed to calm and coordinated management of the area. The council said formalising this approach would provide legal certainty for a system already accepted by industry participants on both sides of the Channel .
Link To Wider EU–UK Scallop Strategy
The Focus Group Scallop is continuing to monitor the development of the EU–UK King Scallop Multi-Year Strategy, with a stakeholder meeting expected once the associated scientific report is published.
The NWWAC said consistency between EU and UK management approaches remains fundamental to ensuring sustainable exploitation of the stock and protecting the socio-economic interests of EU fishing operators, many of whom operate at small scale.
Call For Delegated Act And Stakeholder Engagement
The advisory council has asked the North Western Waters Member States Group to propose the amendment to the European Commission through a delegated act under the Technical Measures Regulation.
In closing, the NWWAC reiterated the importance of stakeholder engagement and the integration of local knowledge when developing technical and remedial measures, referencing its recent advice on strengthening the role of Advisory Councils in fisheries governance.
The letter was signed by Alexandra Philippe, Chair of the North Western Waters Advisory Council, who confirmed the council’s continued commitment to constructive cooperation with Member States and EU institutions in developing practical and effective fisheries management measures .