Relief for seabirds as court rules that UK within its rights to end sandeel fishing

Last year, the EU challenged the UK's closure of industrial sandeel fishing in its waters. After going to Arbitration earlier this year, today the Arbitration Panel has found the ecological case against industrial sandeel fishing is sound and the UK has the right to stop this damaging fishing in its waters.

We are relieved and delighted with this decision as this means that sandeels can be safeguarded for the seabirds that need them.

The UK and Scottish Governments’ decision to close the sandeel fisheries offered a vital lifeline to struggling seabirds, such as Puffins, Kittiwakes and Razorbills. But a challenge by the EU threatened to overturn this. Today’s Arbitration Panel Decision offers hope for seabirds, many of which have suffered shocking declines in recent years.

Many seabirds rely on sandeels to feed their chicks. However, climate change and over-fishing have vastly depleted sandeel populations, having a devastating knock-on effect on seabirds. The small fish are also a vital food source for seals, porpoises and whales, and important fish species like Haddock and Whiting. 

The closure of sandeel fisheries, implemented by the UK and Scottish governments, came into effect in March last year. It followed decades of campaigning by the RSPB and other environmental organisations – and we are hugely grateful to the many thousands of RSPB members, supporters and campaigners who stood with us.

Together with other conservationists, we believe an end to the industrial fishing of sandeels is an essential step towards protecting globally important seabird populations and wider marine biodiversity in the UK. 

Devastating declines in the overall status of the UK’s breeding seabirds have been recorded in recent decades, with ten birds now on the Red List of conservation concern. A quarter of the UK’s Puffins have been lost since 2000, while Kittiwake populations have declined by 43%.

Beccy Speight, RSPB Chief Executive, said: “We are absolutely delighted the panel has found the ecological case for the closure of industrial sandeel fishing is sound. Also, that UK governments are within their rights to restrict sandeel fishing in UK waters to protect this valuable food source for declining seabirds.  

 “This has been a great example of collaboration between the UK and Scottish governments, and all those in civil society across the UK and the EU that have campaigned long and hard for our threatened seabirds. We now expect the UK Government and the EU to move forward and make this closure permanent. 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.” 

Anne McCall, Director of RSPB Scotland, said: “Today’s decision is a major win for Scotland's globally important seabirds. With over 70% of Scottish seabird populations in decline, it’s vital we do everything we can to bring about their recovery.

 “The sandeel fishery closure in Scottish waters represents a major lifeline for many species, including our much-loved Puffins and Kittiwakes. Plentiful food is a key part of supporting seabird recovery, as is making sure there are safe places for seabirds to breed and rear their young and preventing unnecessary adult mortality.

 “It is vital that today’s good news is used as a springboard for further much-needed actions to help seabirds such as not allowing badly designed developments like the Berwick Bank wind farm to go ahead.”

The decision comes at a critical time for seabirds in the UK. The latest results from the Joint Nature Conservation Committee’s seabird census indicates declines across 62% of seabird species in the UK, with that figure rising to 70% of species in Scotland.

While protecting sandeels and securing the food that Puffins, Kittiwakes and many other species rely on is the single greatest measure that can build resilience and support their recovery, seabirds continue to face a range of extra pressures.

Alongside bird flu, climate change and threats to important breeding areas from invasive species, the presence of badly sited offshore wind farms in key foraging grounds is heaping additional pressure on seabirds. We are determined to make sure that any future development at sea avoids the most important places for nature and gives seabird populations a chance to recover. 

Whilst today’s decision has shown the importance of science and the need to protect seabirds at an ecosystem-based scale, we now expect the UK Governments and the EU to move forward and make the closure permanent. With seabirds and other marine life facing an ongoing barrage of pressures, there can be no let-up in our work to help them survive and thrive.