Legal Battle Erupts as NGOs Challenge France Over Bottom Trawling Ban

Two non-governmental organizations (NGOs) are challenging France in court, alleging that bottom trawling is incompatible with biodiversity conservation and the country’s legal commitments to protecting marine ecosystems.

The case, brought before France’s highest court—the Conseil d’Etat—challenges the government’s alleged failure to enforce laws protecting marine environments from the damages caused by bottom trawling.

“Bottom trawling is at odds with biodiversity conservation and France’s legal commitments to protecting Marine Protected Areas,” stated Raphaelle Jeannel, a senior lawyer at Huglo Lepage Avocats.

She emphasized that enforcing marine biodiversity preservation is no longer just a moral imperative but a legal requirement.

Understanding Bottom Trawling

Bottom trawling is a fishing method where weighted nets are dragged across the seabed. This process can devastate marine life and habitats, release carbon from disrupted sediments, and disrupt ecosystem balance.

Several European Union (EU) member states are actively working to phase out bottom trawling. Greece leads the way, aiming to ban this practice in all of its Marine Protected Areas (MPAs) by 2030 and in its national marine parks by 2026. Sweden recently proposed a similar ban, while Denmark announced plans to expand the banned area to 22,841 square kilometers, aiming to improve marine health.

France’s Compliance Under Scrutiny

Despite the Natura 2000 network covering 35% of France’s maritime territory, 90% of species and habitats within these areas remain at risk, according to EJF senior ocean campaigner Marie Colombier. She questioned how France can claim leadership in global ocean conservation efforts and host the upcoming UN Ocean Conference in Nice without addressing these issues.

“France is failing to live up to its ambitions for marine conservation,” asserts Mathilde Ollivier, a senator for French citizens living abroad.

Legal Action Targets Specific Sites

The NGOs are focusing their legal action on two Specific Areas of Conservation (SAC): Bancs des Flandres and Chausey, both located in the English Channel. These sites are recognized for their unique sandbanks and maerl beds, vital nurseries for marine life.

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According to data from open-source satellites, an average of 83 vessels using bottom trawl or demersal seine gear operated in Bancs des Flandres annually between 2022 and 2024, accumulating more than 6,800 hours of fishing. Similarly, Chausey recorded an average of 13 bottom trawlers annually with nearly 4,000 hours of fishing.

The NGOs contend these activities are carried out without environmental impact assessments, posing significant risks to protected habitats. They argue that this destructive practice continues in 77% of French marine Natura 2000 sites, with over 200,000 hours of trawling recorded annually in these protected areas in the last five years.

The Broader Impact

The implications of bottom trawling extend beyond immediate ecosystem damage. Philippe Garcia, president of DMA, argues that sustainable fisheries depend on healthy marine ecosystems. He believes that proper enforcement of existing regulations could revitalize small-scale coastal fishing, utilizing low-impact, sustainable practices.

“Current policies prioritize short-term profits and overexploitation, leaving ecosystems degraded and fishermen without a clear path forward,” Philippe Garcia emphasized.

Last week, fishermen joined NGOs in calling for urgent action on bottom trawling in MPAs by addressing open letters to French President Emmanuel Macron and EU Commissioner for Fisheries and Oceans Costas Kadis.

Environmental Justice Foundation and Défense des Milieux Aquatiques Push for Change

EJF and DMA are committed to enforcing these laws and making a tangible difference in Marine Protected Areas. Their actions not only aim to safeguard unique habitats but also to advocate for sustainable and ethical fishing practices.

With a global conference on the horizon and growing international action against bottom trawling, the NGO’s challenge to France serves as a critical juncture for ocean conservation efforts.

Conclusion and Future Outlook

The challenge posed to the French government underscores the urgent need for global cooperation in marine conservation. Through legal means and collaborative efforts, there’s hope that France and other nations can adopt more sustainable fishing practices and preserve their invaluable marine biodiversity.

As the legal battle unfolds, it will be interesting to see how France responds and whether it will lead to broader reforms within the country and the EU.

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