Turbot War
Encyclopedia
The Turbot War of 1995 was an international fishing dispute between Canada
, (supported by the United Kingdom
and Ireland
) and Spain
(supported by the European Union
) in which Canada stopped a Galician (Spanish) fishing trawler in international waters
and arrested its crew. Canada claimed that European Union factory ship
s were illegally overfishing Greenland halibut
, also known as Greenland turbot, on the Grand Banks, just outside Canada's declared 200 nautical mile (370 km) Exclusive Economic Zone
(EEZ).
's foreign policy, just as Canada's, was established by the British government until the Statute of Westminster 1931
. However in 1934, Newfoundland's government came under the administration of a commission appointed by London; this situation remained until 1949 when the dominion entered Canadian Confederation
.
Following Confederation, Canada recognized many of the foreign policy agreements Newfoundland had entered into – most of which had been imposed by London. During the 1950s to the 1970s, the domestic and foreign fishing fleets became increasingly industrialized, with massive factory freezer trawlers fishing out of Newfoundland ports – foreign fleets were based in Newfoundland and could fish 12 NM offshore, while domestic fleets could fish in both the territorial sea and the offshore.
By the 1970s the overfishing by industrial vessels in the waters of eastern Canada was evident, although each federal government continued to ignore the problem, and even contributed to it by using the issuance of fishing licenses for more inshore and offshore domestic vessels . Between 1973–1982 the United Nations
and its member states negotiated the Third Convention of the Law of the Sea
– one component of which was the concept of nations being allowed to declare an Exclusive Economic Zone
. Although not formally adopted into binding international law until 1982, the possibility of declaring an EEZ became a defacto reality in 1977 with the conclusion of those sections of the Third Conference negotiations relating to maritime boundary
and economic control.
Many nations worldwide declared 200 nautical mile (370 km) EEZs, including Canada and the United States. The EEZ boundaries became a foreign policy issue where overlapping claims existed, as was the case between Canada and the United States in the Gulf of Maine
, Dixon Entrance
, Strait of Juan de Fuca
and Beaufort Sea
, as well as between Canada and France
in the case of St. Pierre and Miquelon.
But on the whole, the EEZ was very well received by fishermen in eastern Canada for it meant they could fish unhindered out to the limit without fear of competing with the foreign fleets. During the late 1970s and early 1980s, Canada's domestic offshore fleet grew as fishermen and fish processing
companies rushed to take advantage. It was also during this time when it was noticed that the foreign fleets now pushed out to 200 nautical miles (370 km) offshore and excluded from the rich Canadian waters, were increasing their harvest on the small areas of the Grand Banks that were outside the area of the EEZ.
By the late 1980s the smaller catches of Northern cod
were being reported throughout Newfoundland and eastern Canada as the federal government and citizens of coastal regions in the area began to face the reality that the domestic and foreign overfishing had taken its toll. Scientists have also subsequently pointed out that global climate change may have also played a complementary role. In the end stocks of cod in and around Canada's EEZ were severely depleted.. Reluctant to act at a time of declining political popularity, the federal government was finally forced to take drastic action in 1992 when a total moratorium was declared indefinitely for the Northern Cod..
The immediate impact was felt most in Newfoundland, followed by the Atlantic coast of Nova Scotia. The nascent Northwest Atlantic Fisheries Organization
, organized after the 1977 EEZ declarations to coordinate conservation efforts in Canada, the United States, and member nations in Europe (both western and eastern bloc countries), also declared a ban, however it wasn't even necessary – cod which only 5–10 years previously was being caught in record numbers, had vanished almost overnight to the point where it was considered for endangered species protection.
The economic impact in coastal Newfoundland was unprecedented. To lessen the impact that its policies of permitting overfishing had exacted upon rural Newfoundlanders, the federal government swiftly created a relief program called "The Atlantic Groundfish Strategy" (TAGS) to provide short to medium term financial support, as well as employment retraining for the longer term.
Yet TAGS alone was not going to do it, and Newfoundland and coastal Nova Scotia were bleeding severely as communities began to experience an out-migration on a scale not seen in Canada since the prairie dust-bowls of the 1930s. The anger at federal political figures was palpable and with the wholesale rejection of short-term Prime Minister Kim Campbell
, incoming prime minister Jean Chrétien
's Liberals
were going to face the ongoing wrath of voters whose entire livelihoods had been decimated as a result of decades of federal neglect and mismanagement, and whose communities, property values, net worth, and way of life were declining rapidly.
In the years since the cod moratorium, federal fisheries policy makers and scientists had scrambled to attempt to find a replacement species that could at least reinject economic stimulus into the affected regions. The ground fishery, while a fraction of what it had been during the cod years, did have some bright spots – one of which was the Greenland halibut commonly known in Canada as turbot. The turbot had decreased in demand due to a common dislike for the taste in the European Union.
Canada was not alone in recognizing the growing value of the turbot, and foreign fishing fleets operating off the 200 NM EEZ were beginning to pursue the species in increasing numbers. By 1994, Canada and NAFO had tracked about 50 violations of boats crossing the 200 nautical mile (370 km) EEZ limit to fish illegally within Canadian waters, as well as recording use of illegal gear and overfishing outside Canadian waters.
The new federal Minister of Fisheries and Oceans
, Brian Tobin
, directed the Department of Fisheries and Oceans (DFO), along with the Department of Foreign Affairs and International Trade
(DFAIT) to begin a very aggressive dialogue with the European Union
over the presence of its fishing fleet and its practices, particularly the use of illegal trawl nets just outside the Canadian EEZ while fishing for turbot. Tobin's critics in Canada noted that he was likely using his department as a political prop to shore up support during a time of increased social unrest in the region, yet in the winter of 1995, Tobin directed DFO to establish a legal argument which could be made for the seizure of a foreign vessel in international waters using the premise of conservation.
and Canadian Navy
support, intercepted and pursued the Estai, which cut its weighted trawl net and fled after an initial boarding attempt, resulting in a chase which stretched over several hours and ended only after the Canadian Fisheries Patrol vessel Cape Roger fired a .50 calibre (12.7 mm) machine gun across the bow of the Estai. The Canadian Coast Guard Ship CCGS Sir Wilfred Grenfell
used high-pressure fire-fighting water cannon to deter other Spanish fishing vessels from disrupting the operation. Finally, armed DFO and RCMP
officers boarded the vessel in international waters on the Grand Banks.
The DFO contracted a Fishery Products International ground fish trawler to drag for the Estais trawl. On the first attempt it was able to successfully retrieve the Estai' s net which had been cut. It was quickly determined that the Spanish vessel had been using an illegal net, with openings that were far smaller than international regulations allowed for turbot fishing. The Estai was escorted to St. John's
, arriving with great fan-fare across the province and region — and the country. Canada's federal court
processed the case and the charges against the crew while Spain and the European Union protested vehemently, threatening boycotts against Canada and wishing to have the case heard at the International Court of Justice
.
Tobin and his department ignored the controversy and instead had the huge illegal trawl net which the Estai had cut free salvaged. The Estai was using a liner with a mesh size that was smaller than permitted (larger mesh sizes permit juvenile fish to escape and grow) by the Canadian Laws, but not the EU laws which don't have a restriction about the mesh size. The net was shipped to New York City
where Tobin called an international press conference onboard a rented barge
in the East River
outside the United Nations
headquarters. There, the net from the Estai was displayed, hanging from an enormous crane, and Tobin used the occasion to shame the Spanish and EU governments, pointing out the small size of the holes in the net which are illegal in Canada. Spain never denied that the net was from the Estai but continued to protest Canada's use of "extra-territorial force." The Spanish government asked the International Court of Justice
in The Hague, Netherlands for leave to hear a case claiming Canada had no right to arrest the Estai. However, the court later refused the case. Later, Canada
released the Estai's crew. On the same day that Tobin was in New York, the United Kingdom blocked an EU proposal to impose sanctions on Canada.
Tobin claimed that Canada would not enter negotiations as long as illegal fishing continued, and demanded the withdrawal of all fishing vessels in the area as a precondition. On March 15, the owners of the Estai posted $500,000 bond for the vessel, and it was returned to Spain. Subsequently, the rest of the fishing fleet also left the area, and preliminary talks were scheduled for the upcoming G-7 Conference. These talks failed, as the Spanish refused to change their position, and Spanish fishing vessels subsequently returned to Grand Banks. The Spanish Navy
deployed the patrol boat P-74 Atalaya to protect them. The Spanish Navy also prepared a surface task group with frigates and tankers, but Spain eventually decided against sending it. Negotiations ceased on March 25, and the following day, Canadian ships cut the nets of the Spanish trawler Pescamero Uno. The Spanish Navy responded by deploying a second patrol boat. Canadian Navy warships and patrol planes in the vicinity were authorized by the Prime Minister of Canada to open fire on Spanish vessels that exposed their guns. Direct negotiations between the EU and Canada eventually restarted, and a deal was reached on April 5. Spain, however, rejected it, demanding better terms. After Canada threatened to forcibly remove Spanish fishing vessels, the EU pressured Spain into finally reaching a settlement on April 15. Canada reimbursed the $500,000 that had been paid for the Estais release, repealed the CFPR provision that allowed the arrest of Spanish vessels, and a reduction of Canada's own Turbot allocation. A new international regime to observe EU and Canadian fishing vessels was also created.
The dispute raised Brian Tobin's political profile, helping preserve his political career in Newfoundland at a time when federal politicians were being increasingly vilified. It also led to his decision in 1996 to pursue to the leadership of the Liberal Party of Newfoundland
following the resignation of premier Clyde Wells
, as well as a widely-discussed future possibility for leadership of the Liberal Party of Canada
.
supported Canada. The then prime-minister John Major
risked his status within the EU community by actively speaking out against Spain. Because of this, some British fishing boats took to flying Canadian flags to show their support. This brought the conflict to European waters when a Cornish
fishing boat, the Newlyn, then flying the Canadian flag was beset by a French ship that believed it to be Canadian. This dragged Britain from its position of passive backing into full support of the Canadians. Overnight, Canadian flags began to fly from all manner of British and Irish vessels, irking the Spanish.
The rest of the EU rallied behind France and Spain, but hesitated to make any mobilizations against the British, Irish or Canadians.
Upon hearing the news of the conflict, Iceland
spoke up and took the side of the EU against Britain in light of their similar clash with the British, known as the Cod Wars. As with the EU, no military mobilization took place. Iceland tried to put political pressure on the United Kingdom and Ireland. The British and the Irish pointedly ignored these actions and continued their unquestioned support of Brian Tobin and the Canadians.
In the end, the Cornish ship (the Newlyn) was returned to the British peacefully and without further incident.
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, (supported by the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
and Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
) and Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
(supported by the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
) in which Canada stopped a Galician (Spanish) fishing trawler in international waters
International waters
The terms international waters or trans-boundary waters apply where any of the following types of bodies of water transcend international boundaries: oceans, large marine ecosystems, enclosed or semi-enclosed regional seas and estuaries, rivers, lakes, groundwater systems , and wetlands.Oceans,...
and arrested its crew. Canada claimed that European Union factory ship
Factory ship
A factory ship, also known as a fish processing vessel, is a large ocean-going vessel with extensive on-board facilities for processing and freezing caught fish...
s were illegally overfishing Greenland halibut
Greenland halibut
The Greenland halibut or Greenland turbot belongs to the Pleuronectidae family , and is the only species of the genus Reinhardtius. It is a deepwater fish distributed from 200 to 1600 m but has been caught at depths more than...
, also known as Greenland turbot, on the Grand Banks, just outside Canada's declared 200 nautical mile (370 km) Exclusive Economic Zone
Exclusive Economic Zone
Under the law of the sea, an exclusive economic zone is a seazone over which a state has special rights over the exploration and use of marine resources, including production of energy from water and wind. It stretches from the seaward edge of the state's territorial sea out to 200 nautical...
(EEZ).
Prelude
Territorial seas have changed over time, having begun with a 3 nautical mile (6 km) "cannon shot" territorial sea, followed by the long standing extension to a 12 nautical mile (22 km) standard. The economic control of the waters surrounding nations to a two hundred nautical mile Exclusive Economic Zones (EEZ) became recognised internationally on November 14, 1994, after having been agreed at the conference on the Third United Nations Convention on the Law of the Sea in 1982. As a self-governing colony and dominion, NewfoundlandNewfoundland and Labrador
Newfoundland and Labrador is the easternmost province of Canada. Situated in the country's Atlantic region, it incorporates the island of Newfoundland and mainland Labrador with a combined area of . As of April 2011, the province's estimated population is 508,400...
's foreign policy, just as Canada's, was established by the British government until the Statute of Westminster 1931
Statute of Westminster 1931
The Statute of Westminster 1931 is an Act of the Parliament of the United Kingdom. Passed on 11 December 1931, the Act established legislative equality for the self-governing dominions of the British Empire with the United Kingdom...
. However in 1934, Newfoundland's government came under the administration of a commission appointed by London; this situation remained until 1949 when the dominion entered Canadian Confederation
Canadian Confederation
Canadian Confederation was the process by which the federal Dominion of Canada was formed on July 1, 1867. On that day, three British colonies were formed into four Canadian provinces...
.
Following Confederation, Canada recognized many of the foreign policy agreements Newfoundland had entered into – most of which had been imposed by London. During the 1950s to the 1970s, the domestic and foreign fishing fleets became increasingly industrialized, with massive factory freezer trawlers fishing out of Newfoundland ports – foreign fleets were based in Newfoundland and could fish 12 NM offshore, while domestic fleets could fish in both the territorial sea and the offshore.
By the 1970s the overfishing by industrial vessels in the waters of eastern Canada was evident, although each federal government continued to ignore the problem, and even contributed to it by using the issuance of fishing licenses for more inshore and offshore domestic vessels . Between 1973–1982 the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
and its member states negotiated the Third Convention of the Law of the Sea
United Nations Convention on the Law of the Sea
The United Nations Convention on the Law of the Sea , also called the Law of the Sea Convention or the Law of the Sea treaty, is the international agreement that resulted from the third United Nations Conference on the Law of the Sea , which took place from 1973 through 1982...
– one component of which was the concept of nations being allowed to declare an Exclusive Economic Zone
Exclusive Economic Zone
Under the law of the sea, an exclusive economic zone is a seazone over which a state has special rights over the exploration and use of marine resources, including production of energy from water and wind. It stretches from the seaward edge of the state's territorial sea out to 200 nautical...
. Although not formally adopted into binding international law until 1982, the possibility of declaring an EEZ became a defacto reality in 1977 with the conclusion of those sections of the Third Conference negotiations relating to maritime boundary
Maritime boundary
Maritime boundary is a conceptual means of division of the water surface of the planet into maritime areas that are defined through surrounding physical geography or by human geography. As such it usually includes areas of exclusive national rights over the mineral and biological resources,...
and economic control.
Many nations worldwide declared 200 nautical mile (370 km) EEZs, including Canada and the United States. The EEZ boundaries became a foreign policy issue where overlapping claims existed, as was the case between Canada and the United States in the Gulf of Maine
Gulf of Maine
The Gulf of Maine is a large gulf of the Atlantic Ocean on the east coast of North America.It is delineated by Cape Cod at the eastern tip of Massachusetts in the southwest and Cape Sable at the southern tip of Nova Scotia in the northeast. It includes the entire coastlines of the U.S...
, Dixon Entrance
Dixon Entrance
The Dixon Entrance is a strait about long and wide in the Pacific Ocean at the International Boundary between the U.S. state of Alaska and the province of British Columbia in Canada. It was named by Joseph Banks for Captain George Dixon, a Royal Navy officer, fur trader, and explorer, who...
, Strait of Juan de Fuca
Strait of Juan de Fuca
The Strait of Juan de Fuca is a large body of water about long that is the Salish Sea outlet to the Pacific Ocean...
and Beaufort Sea
Beaufort Sea
The Beaufort Sea is a marginal sea of the Arctic Ocean, located north of the Northwest Territories, the Yukon, and Alaska, west of Canada's Arctic islands. The sea is named after hydrographer Sir Francis Beaufort...
, as well as between Canada and France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
in the case of St. Pierre and Miquelon.
But on the whole, the EEZ was very well received by fishermen in eastern Canada for it meant they could fish unhindered out to the limit without fear of competing with the foreign fleets. During the late 1970s and early 1980s, Canada's domestic offshore fleet grew as fishermen and fish processing
Fish processing
The term fish processing refers to the processes associated with fish and fish products between the time fish are caught or harvested, and the time the final product is delivered to the customer...
companies rushed to take advantage. It was also during this time when it was noticed that the foreign fleets now pushed out to 200 nautical miles (370 km) offshore and excluded from the rich Canadian waters, were increasing their harvest on the small areas of the Grand Banks that were outside the area of the EEZ.
By the late 1980s the smaller catches of Northern cod
Atlantic cod
The Atlantic cod, Gadus morhua, is a well-known demersal food fish belonging to the family Gadidae. It is also commercially known as cod, codling or haberdine....
were being reported throughout Newfoundland and eastern Canada as the federal government and citizens of coastal regions in the area began to face the reality that the domestic and foreign overfishing had taken its toll. Scientists have also subsequently pointed out that global climate change may have also played a complementary role. In the end stocks of cod in and around Canada's EEZ were severely depleted.. Reluctant to act at a time of declining political popularity, the federal government was finally forced to take drastic action in 1992 when a total moratorium was declared indefinitely for the Northern Cod..
The immediate impact was felt most in Newfoundland, followed by the Atlantic coast of Nova Scotia. The nascent Northwest Atlantic Fisheries Organization
Northwest Atlantic Fisheries Organization
The is an intergovernmental organization with a mandate to provide scientific advice and management of fisheries in the northwestern part of the Atlantic Ocean...
, organized after the 1977 EEZ declarations to coordinate conservation efforts in Canada, the United States, and member nations in Europe (both western and eastern bloc countries), also declared a ban, however it wasn't even necessary – cod which only 5–10 years previously was being caught in record numbers, had vanished almost overnight to the point where it was considered for endangered species protection.
The economic impact in coastal Newfoundland was unprecedented. To lessen the impact that its policies of permitting overfishing had exacted upon rural Newfoundlanders, the federal government swiftly created a relief program called "The Atlantic Groundfish Strategy" (TAGS) to provide short to medium term financial support, as well as employment retraining for the longer term.
Yet TAGS alone was not going to do it, and Newfoundland and coastal Nova Scotia were bleeding severely as communities began to experience an out-migration on a scale not seen in Canada since the prairie dust-bowls of the 1930s. The anger at federal political figures was palpable and with the wholesale rejection of short-term Prime Minister Kim Campbell
Kim Campbell
Avril Phædra Douglas "Kim" Campbell, is a Canadian politician, lawyer, university professor, diplomat, and writer. She served as the 19th Prime Minister of Canada, serving from June 25, 1993, to November 4, 1993...
, incoming prime minister Jean Chrétien
Jean Chrétien
Joseph Jacques Jean Chrétien , known commonly as Jean Chrétien is a former Canadian politician who was the 20th Prime Minister of Canada. He served in the position for over ten years, from November 4, 1993 to December 12, 2003....
's Liberals
Liberal Party of Canada
The Liberal Party of Canada , colloquially known as the Grits, is the oldest federally registered party in Canada. In the conventional political spectrum, the party sits between the centre and the centre-left. Historically the Liberal Party has positioned itself to the left of the Conservative...
were going to face the ongoing wrath of voters whose entire livelihoods had been decimated as a result of decades of federal neglect and mismanagement, and whose communities, property values, net worth, and way of life were declining rapidly.
In the years since the cod moratorium, federal fisheries policy makers and scientists had scrambled to attempt to find a replacement species that could at least reinject economic stimulus into the affected regions. The ground fishery, while a fraction of what it had been during the cod years, did have some bright spots – one of which was the Greenland halibut commonly known in Canada as turbot. The turbot had decreased in demand due to a common dislike for the taste in the European Union.
Canada was not alone in recognizing the growing value of the turbot, and foreign fishing fleets operating off the 200 NM EEZ were beginning to pursue the species in increasing numbers. By 1994, Canada and NAFO had tracked about 50 violations of boats crossing the 200 nautical mile (370 km) EEZ limit to fish illegally within Canadian waters, as well as recording use of illegal gear and overfishing outside Canadian waters.
The new federal Minister of Fisheries and Oceans
Minister of Fisheries and Oceans (Canada)
The Minister of Fisheries and Oceans is the Minister of the Crown in the Canadian Cabinet who is responsible for supervising the fishing industry and administrating all navigable waterways in the country...
, Brian Tobin
Brian Tobin
Brian Vincent Tobin, PC is a Canadian businessman and former politician. Tobin served as the sixth Premier of Newfoundland from 1996 to 2000. Tobin was also a prominent Member of Parliament and served as a Cabinet Minister in Jean Chrétien's Liberal government.- Early life, education, and family...
, directed the Department of Fisheries and Oceans (DFO), along with the Department of Foreign Affairs and International Trade
Department of Foreign Affairs and International Trade (Canada)
The Department of Foreign Affairs and International Trade , more commonly known as Foreign Affairs and International Trade Canada, is a department in the Government of Canada which has responsibility for foreign policy and diplomacy, as well as import/export and international trade policies.On June...
(DFAIT) to begin a very aggressive dialogue with the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
over the presence of its fishing fleet and its practices, particularly the use of illegal trawl nets just outside the Canadian EEZ while fishing for turbot. Tobin's critics in Canada noted that he was likely using his department as a political prop to shore up support during a time of increased social unrest in the region, yet in the winter of 1995, Tobin directed DFO to establish a legal argument which could be made for the seizure of a foreign vessel in international waters using the premise of conservation.
The Estai incident
The DFO was then directed by minister Tobin and the federal cabinet to demonstrate Canadian resolve on the issue by "making an example" of a European Union fishing vessel. On March 9, an offshore patrol aircraft detected the Spanish stern trawler Estai in international waters outside Canada's 200 nautical mile (370 km) EEZ. Several armed DFO fisheries patrol vessels, along with Canadian Coast GuardCanadian Coast Guard
The Canadian Coast Guard is the coast guard of Canada. It is a federal agency responsible for providing maritime search and rescue , aids to navigation, marine pollution response, marine radio, and icebreaking...
and Canadian Navy
Canadian Forces Maritime Command
The Royal Canadian Navy , is the naval force of Canada. The RCN is one of three environmental commands within the unified Canadian Forces. Operating 33 warships and several auxiliary vessels, the Royal Canadian Navy consists of 8,500 Regular Force and 5,100 Primary Reserve sailors, supported by...
support, intercepted and pursued the Estai, which cut its weighted trawl net and fled after an initial boarding attempt, resulting in a chase which stretched over several hours and ended only after the Canadian Fisheries Patrol vessel Cape Roger fired a .50 calibre (12.7 mm) machine gun across the bow of the Estai. The Canadian Coast Guard Ship CCGS Sir Wilfred Grenfell
CCGS Sir Wilfred Grenfell
CCGS Sir Wilfred Grenfell is a Canadian Coast Guard vessel based in St. John's, Newfoundland.An Offshore Ice Strength Multi Patrol Vessel, the vessel, is named after the medical missionary in Labrador, Sir Wilfred Grenfell....
used high-pressure fire-fighting water cannon to deter other Spanish fishing vessels from disrupting the operation. Finally, armed DFO and RCMP
Royal Canadian Mounted Police
The Royal Canadian Mounted Police , literally ‘Royal Gendarmerie of Canada’; colloquially known as The Mounties, and internally as ‘The Force’) is the national police force of Canada, and one of the most recognized of its kind in the world. It is unique in the world as a national, federal,...
officers boarded the vessel in international waters on the Grand Banks.
The DFO contracted a Fishery Products International ground fish trawler to drag for the Estais trawl. On the first attempt it was able to successfully retrieve the Estai
St. John's, Newfoundland and Labrador
St. John's is the capital and largest city in Newfoundland and Labrador, and is the oldest English-founded city in North America. It is located on the eastern tip of the Avalon Peninsula on the island of Newfoundland. With a population of 192,326 as of July 1, 2010, the St...
, arriving with great fan-fare across the province and region — and the country. Canada's federal court
Federal Court of Canada
The Federal Court of Canada was a national court of Canada that heard some types of disputes arising under the central government's legislative jurisdiction...
processed the case and the charges against the crew while Spain and the European Union protested vehemently, threatening boycotts against Canada and wishing to have the case heard at the International Court of Justice
International Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
.
Tobin and his department ignored the controversy and instead had the huge illegal trawl net which the Estai had cut free salvaged. The Estai was using a liner with a mesh size that was smaller than permitted (larger mesh sizes permit juvenile fish to escape and grow) by the Canadian Laws, but not the EU laws which don't have a restriction about the mesh size. The net was shipped to New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
where Tobin called an international press conference onboard a rented barge
Barge
A barge is a flat-bottomed boat, built mainly for river and canal transport of heavy goods. Some barges are not self-propelled and need to be towed by tugboats or pushed by towboats...
in the East River
East River
The East River is a tidal strait in New York City. It connects Upper New York Bay on its south end to Long Island Sound on its north end. It separates Long Island from the island of Manhattan and the Bronx on the North American mainland...
outside the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
headquarters. There, the net from the Estai was displayed, hanging from an enormous crane, and Tobin used the occasion to shame the Spanish and EU governments, pointing out the small size of the holes in the net which are illegal in Canada. Spain never denied that the net was from the Estai but continued to protest Canada's use of "extra-territorial force." The Spanish government asked the International Court of Justice
International Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
in The Hague, Netherlands for leave to hear a case claiming Canada had no right to arrest the Estai. However, the court later refused the case. Later, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
released the Estai's crew. On the same day that Tobin was in New York, the United Kingdom blocked an EU proposal to impose sanctions on Canada.
Tobin claimed that Canada would not enter negotiations as long as illegal fishing continued, and demanded the withdrawal of all fishing vessels in the area as a precondition. On March 15, the owners of the Estai posted $500,000 bond for the vessel, and it was returned to Spain. Subsequently, the rest of the fishing fleet also left the area, and preliminary talks were scheduled for the upcoming G-7 Conference. These talks failed, as the Spanish refused to change their position, and Spanish fishing vessels subsequently returned to Grand Banks. The Spanish Navy
Spanish Navy
The Spanish Navy is the maritime branch of the Spanish Armed Forces, one of the oldest active naval forces in the world. The Armada is responsible for notable achievements in world history such as the discovery of Americas, the first world circumnavigation, and the discovery of a maritime path...
deployed the patrol boat P-74 Atalaya to protect them. The Spanish Navy also prepared a surface task group with frigates and tankers, but Spain eventually decided against sending it. Negotiations ceased on March 25, and the following day, Canadian ships cut the nets of the Spanish trawler Pescamero Uno. The Spanish Navy responded by deploying a second patrol boat. Canadian Navy warships and patrol planes in the vicinity were authorized by the Prime Minister of Canada to open fire on Spanish vessels that exposed their guns. Direct negotiations between the EU and Canada eventually restarted, and a deal was reached on April 5. Spain, however, rejected it, demanding better terms. After Canada threatened to forcibly remove Spanish fishing vessels, the EU pressured Spain into finally reaching a settlement on April 15. Canada reimbursed the $500,000 that had been paid for the Estais release, repealed the CFPR provision that allowed the arrest of Spanish vessels, and a reduction of Canada's own Turbot allocation. A new international regime to observe EU and Canadian fishing vessels was also created.
The dispute raised Brian Tobin's political profile, helping preserve his political career in Newfoundland at a time when federal politicians were being increasingly vilified. It also led to his decision in 1996 to pursue to the leadership of the Liberal Party of Newfoundland
Liberal Party of Newfoundland and Labrador
The Liberal Party of Newfoundland and Labrador is a political party in the province of Newfoundland and Labrador, Canada and the provincial wing of the Liberal Party of Canada. It is the Official Opposition and currently holds six seats in the provincial legislature.-Origins:The party originated in...
following the resignation of premier Clyde Wells
Clyde Wells
Clyde Kirby Wells, QC was the fifth Premier of Newfoundland and was Chief Justice of the Supreme Court of Newfoundland and Labrador from 1999 to March 2009...
, as well as a widely-discussed future possibility for leadership of the Liberal Party of Canada
Liberal Party of Canada
The Liberal Party of Canada , colloquially known as the Grits, is the oldest federally registered party in Canada. In the conventional political spectrum, the party sits between the centre and the centre-left. Historically the Liberal Party has positioned itself to the left of the Conservative...
.
The Newlyn Incident
Although Spain was getting political support from the EU (including naval support from Germany among others), the United Kingdom and IrelandRepublic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
supported Canada. The then prime-minister John Major
John Major
Sir John Major, is a British Conservative politician, who served as Prime Minister of the United Kingdom and Leader of the Conservative Party from 1990–1997...
risked his status within the EU community by actively speaking out against Spain. Because of this, some British fishing boats took to flying Canadian flags to show their support. This brought the conflict to European waters when a Cornish
Cornwall
Cornwall is a unitary authority and ceremonial county of England, within the United Kingdom. It is bordered to the north and west by the Celtic Sea, to the south by the English Channel, and to the east by the county of Devon, over the River Tamar. Cornwall has a population of , and covers an area of...
fishing boat, the Newlyn, then flying the Canadian flag was beset by a French ship that believed it to be Canadian. This dragged Britain from its position of passive backing into full support of the Canadians. Overnight, Canadian flags began to fly from all manner of British and Irish vessels, irking the Spanish.
The rest of the EU rallied behind France and Spain, but hesitated to make any mobilizations against the British, Irish or Canadians.
Upon hearing the news of the conflict, Iceland
Iceland
Iceland , described as the Republic of Iceland, is a Nordic and European island country in the North Atlantic Ocean, on the Mid-Atlantic Ridge. Iceland also refers to the main island of the country, which contains almost all the population and almost all the land area. The country has a population...
spoke up and took the side of the EU against Britain in light of their similar clash with the British, known as the Cod Wars. As with the EU, no military mobilization took place. Iceland tried to put political pressure on the United Kingdom and Ireland. The British and the Irish pointedly ignored these actions and continued their unquestioned support of Brian Tobin and the Canadians.
In the end, the Cornish ship (the Newlyn) was returned to the British peacefully and without further incident.
See also
- Cod WarCod WarThe Cod Wars, also called the Icelandic Cod Wars , were a series of confrontations in the 1950s and 1970s between the United Kingdom and Iceland regarding fishing rights in the North Atlantic....
s - OverfishingOverfishingOverfishing occurs when fishing activities reduce fish stocks below an acceptable level. This can occur in any body of water from a pond to the oceans....
- Exclusive Economic ZoneExclusive Economic ZoneUnder the law of the sea, an exclusive economic zone is a seazone over which a state has special rights over the exploration and use of marine resources, including production of energy from water and wind. It stretches from the seaward edge of the state's territorial sea out to 200 nautical...
- International waters International watersThe terms international waters or trans-boundary waters apply where any of the following types of bodies of water transcend international boundaries: oceans, large marine ecosystems, enclosed or semi-enclosed regional seas and estuaries, rivers, lakes, groundwater systems , and wetlands.Oceans,...
External links
- Who won the Great Turbot War? - from The Globe and MailThe Globe and MailThe Globe and Mail is a nationally distributed Canadian newspaper, based in Toronto and printed in six cities across the country. With a weekly readership of approximately 1 million, it is Canada's largest-circulation national newspaper and second-largest daily newspaper after the Toronto Star...
- Game Theory and the Turbot War
- El día que Canadá y España vivieron su guerra del Fletán. La voz de Galicia