Legal challenges are mounting against the French government for inadequate protection of marine protected areas (MPAs). NGOs EJF and DMA plan to sue to ban bottom trawling in Natura 2000 sites, citing harmful environmental impacts. With bottom trawling rampant in 77% of these areas, the groups argue France is neglecting its legal obligations. They seek risk assessments to demonstrate the damage caused by trawling, potentially leading to significant conservation measures ahead of the upcoming UN Ocean Conference.
Legal Action to Protect Marine Areas in France
The management of France’s marine protected areas (MPAs) remains a contentious issue. Criticized for not providing adequate protection to these delicate ecosystems, the French government is now facing legal challenges. Two non-governmental organizations, the Environmental Justice Foundation (EJF) and Défense des Milieux Aquatiques (DMA), have announced they will file lawsuits on February 11, aiming to “prohibit bottom trawling in the marine protected areas within the Natura 2000 network,” as detailed in their press release.
Destructive Fishing Practices Under Fire
Bottom trawling, a fishing method that involves dragging nets along the ocean floor, is frequently condemned as one of the most harmful techniques to marine environments. While countries such as Greece have taken significant steps by banning trawling in their MPAs, France has yet to impose similar restrictions. The EJF has accused France of failing to fulfill its responsibility to protect the marine ecosystem from the detrimental impacts of bottom trawling.
In light of this situation, the NGOs are ramping up their legal efforts, targeting two specific MPAs: Chausey, currently under review by the Council of State, and the Bancs des Flandres, which is being addressed in the administrative court of Rouen. Both sites are crucial components of the Natura 2000 network, with the Bancs des Flandres being frequented by large trawlers over 80 meters long, capable of extracting hundreds of tons of fish daily. A study by the NGO Bloom revealed that these vessels spent nearly 200 hours operating in this area last year.
The NGOs argue that France is neglecting its duty to safeguard the marine environment from bottom trawling, infringing upon both French and European laws. They specifically contest a requirement in the wildlife and flora directive that mandates risk assessments for professional fishing activities within Natura 2000 areas. So far, no such assessment has been conducted for the Chausey MPA, and the one for the Bancs des Flandres is deemed inadequate.
Marie Colombier, Ocean Campaign Manager at EJF, emphasized the legal implications, stating, “Without a fishing risk analysis, the activity is not legally sanctioned in these areas, meaning bottom trawling should not occur.” Through their legal proceedings, the organizations hope to secure a ruling that could establish an important legal precedent.
If successful, this legal action could force the state to complete the necessary risk assessments for fishing activities in the MPAs where they are lacking. These assessments are expected to demonstrate the harmful effects of bottom trawling on marine ecosystems, leading to actions aimed at ensuring the health of species and habitats, potentially resulting in a ban on bottom trawling in the protected Natura 2000 sites.
Despite the potential for positive change, the legal process may take several months. However, the timing is strategic, as it coincides with France’s upcoming hosting of the United Nations Ocean Conference (UNOC3) in June in Nice. The conference presents an opportunity for France to showcase its commitment to ocean conservation. Marie Colombier raises a critical question: “How can France, set to host the UN ocean conference, convincingly claim global leadership in ocean protection when it fails to genuinely safeguard its MPAs?”
Recent statistics reveal that bottom trawling continues in 77% of French marine Natura 2000 sites, with around 200,000 hours of trawling recorded annually in these areas over the last five years. Consequently, “90% of species and habitats intended for protection in these sites remain under threat,” warns Colombier, criticizing the notion of “paper marine protected areas.”
Raphaëlle Jeannel, a senior lawyer at Huglo Lepage Avocats and involved in the case, summarizes the situation: “Bottom trawling undermines France’s legal obligations regarding biodiversity preservation and the protection of MPAs. The law clearly imposes responsibilities on the state to preserve the marine environment, and it must ensure compliance.” The Ministry of Ecological Transition, Biodiversity, Forests, Sea, and Fishing has yet to respond to inquiries regarding this pressing issue.