The Danish Fisheries Agency faces significant public scrutiny over the handling of motor power and gear regulations for mussel fishing in Limfjord
The Danish Fisheries Agency’s (Fiskeristyrelsen) management of motor power and gear regulations, particularly concerning mussel fishing in the Limfjord, has come under significant public scrutiny. A detailed review of the agency’s practices has revealed multiple deficiencies and prompted calls for reforms.
Following extensive research by TV 2, a prominent Danish television station with a reputation for investigative journalism, it has been revealed that numerous fishing vessels, particularly mussel vessels in the Limfjord (northern Denmark), have been operating with illegally large engines. The Fisheries Agency has admitted to several administrative errors, including retroactively legaliing these engines by altering the interpretation of existing regulations without proper legal authority.
Background and Criticisms
The review was initiated in response to criticism regarding the agency’s enforcement of national rules on vessel engine power reductions. Additionally, there has been debate over the responses provided to the Danish Parliament’s Environment and Food Committee and the follow-up actions on control inspections of fishing vessels’ engine power and the associated penalties.
In 2019, the European Commission conducted an investigation into the implementation of motor power regulations across 15 EU countries, including Denmark. Following this, the Commission launched pilot cases against several member states, highlighting deficiencies in Denmark’s approach.
Key Findings of the Review
- Engine Power Management:
– The agency’s understanding of how engines should be set was found to be incorrect and incomplete. This misinterpretation led to inaccurate and insufficient responses to parliamentary questions.
– There was no adequate legal basis for clarifying the prohibition on engine power reduction. Such clarification should have been incorporated into the relevant regulations rather than being issued as an interpretative statement.
– The clarification of the reduction prohibition was not made public promptly, only being disclosed in November 2023 despite being decided earlier in a specific case.
- Mussel Fishing Gear Control:
– Regulations only specify the weight of the frame used in mussel fishing equipment and the dimensions of the scraper. In the Limfjord, the frame weight is limited to 50 kg, but there is no overall weight limit for the entire fishing gear nor a restriction on the number of scrapers a vessel can use simultaneously.
– Historically, gear inspections involved measuring the scraper’s length and the frame’s width, rarely weighing the frames. This method was found lacking due to the absence of relevant control descriptions.
– In March 2024, the agency began specific gear inspections for vessels in the Limfjord, including weighing the frames. By the end of May 2024, inspections of 19 mussel vessels revealed one minor weight limit violation.
- Control and Enforcement:
– The current enforcement protocols were found to be inadequate, highlighting the need for specific instructions for sanctioning violations in the mussel and oyster fishing sectors. This effort is expected to be completed by mid-2024.
– The review also identified a need for clear guidelines on the use and control of blackbox monitoring systems, which have been in use since 2012 but lacked a proper control framework. The agency is now developing such a description, expected to be ready by mid-2024.
Looking Forward
The Danish Fisheries Agency has has stated that it is committed to addressing these issues by mid-2024, ensuring that all fishing permits and control mechanisms are clear and enforceable. This includes a thorough review of permits related to mussel and oyster fishing to ensure they provide a solid foundation for effective enforcement.
Experts urge Danish authorities to reopen cases of illegally registered fishing vessels – LIFE
Low Impact Fishers of Europe (LIFE) has slammed the Danish Fisheries Agency over the findings of the report signalling a wider range of issues which include:
Broader Implications: The issue of illegally large engines extends beyond the Limfjord, impacting other regulated areas, notably Area 22 of the Baltic Sea (a cod spawning area), Rødspættekassen (Plaice Box) in the North Sea, and the 3-mile limit along the entire Danish coast. These regions have stringent engine power limits to protect the marine environment and ensure sustainable fishing practices which have been flouted.
Expert Opinions: Legal experts, including Professor Frederik Waage from the University of Southern Denmark, assert that the Agency must reopen these cases, as the previous retroactive legalisation was unlawful. Professor Rasmus Grønved Nielsen from the University of Copenhagen concurs, emphasising the need for transparency and adherence to legal standards.
Environmental Impact: The unchecked use of overpowered engines has far-reaching implications for the environment, potentially exacerbating the worrying situation in the Limfjord, including severe oxygen depletion. Experts from Aarhus University and the University of Copenhagen have highlighted the negative impact of mussel fishing on the marine ecosystem.
Ministerial Response: Minister for Fisheries Jacob Jensen has acknowledged the administrative failures and pledged to enhance control measures and adjust the regulatory framework. However, details on specific actions to address the illegal vessels remain unclear.
Industry Reaction: The Danish Fishermen’s Association (DFPO) advocates for repealing the law prohibiting derating and for a new system of continuous engine power monitoring to ensure compliance with regulations, suggesting that this could prevent future violations.
Next Steps: The Fisheries Agency is under pressure to act promptly to rectify past mistakes and prevent future environmental harm. The Minister has also announced an investigation into the ecological consequences of inadequate control measures.
New Report Exonerates Fishermen in Limfjord Motor Power Case – Danish Fishermen’s Association
Danish fishermen in Limfjord have been cleared of any wrongdoing in the controversial case regarding motor power regulations states the Danish Fishermen’s Association.
“We have consistently pointed out that the fishermen in Limfjord followed the authorities’ guidelines and acted in good faith. This also applies to the vessels’ engine power, and I am pleased that the report underscores that the errors were made by the authorities,” said Svend-Erik Andersen, Chairman of the Danish Fishermen’s Association.
Call for Live Monitoring
To prevent future suspicions, the Danish Fishermen’s Association is advocating for live monitoring of the horsepower output of engines in Limfjord. This would allow authorities to easily verify compliance with regulations.
The Ministry of Food, Agriculture and Fisheries also supports live monitoring as a measure to ensure transparency and adherence to the rules. The Danish Fishermen’s Association welcomes this initiative.
“We have absolutely nothing to hide. Therefore, we propose the swift implementation of a system that can constantly monitor engine power in Limfjord. This will ensure full transparency and allow the fishermen to finally dispel any suspicions of cheating,” Andersen stated.
Implementing this solution is feasible as Limfjord vessels already utilise a black-box system that transmits real-time data on fishing locations to the Fisheries Agency. This system could be expanded to include information on fuel flow, enabling easy calculation of engine horsepower.
Mussel Fishing and Oxygen Depletion
TV2’s coverage also suggested that mussel fishing in Limfjord contributes to oxygen depletion. However, recent research from DTU Aqua has debunked this claim. The new report from DTU Aqua researchers, who have studied the environmental impact of mussel fishing in Limfjord, indicates that such activities only occur on 2-3% of the fjord’s area.
The report explicitly states that mussel fishing does not significantly contribute to oxygen depletion in Limfjord, as it does not take place during periods of low oxygen levels. In fact, mussel fishing could potentially help reduce oxygen depletion. Additionally, the report notes that natural factors like wind and weather have a greater impact on the seabed than mussel fishing, through a process known as resuspension.
This conclusion has been positively received by Andersen. “It is encouraging that researchers have definitively debunked TV2’s claims that mussel fishing causes oxygen depletion in Limfjord. This reinforces that mussel fishing is a sustainable practice that should be developed further to continue providing healthy, climate-friendly food and essential jobs in small coastal communities around Limfjord,” he remarked.
The Danish Fishermen’s Association hopes these findings will lead to a better understanding and management of fishing activities in Limfjord, ensuring both ecological sustainability and economic stability for the local fishing industry.