Challenge to Dogger Bank trawler licensing

Many NGOs, including our client, BLUE Marine (‘BLUE’), consider that bottom towed fishing gear should not be allowed in any Marine Protected Area. The Dogger Bank, also a ‘Special Area of Conservation’ (SAC), has been a particular target of concern, with Government accepting that fishing practices were damaging the integrity of the site. But they were allowed to continue. BLUE resolved to act to stop this.

In Autumn 2020, the Government called for evidence on the impact of bottom trawling. BLUE, with other NGOs, was heavily engaged in this process, providing scientific evidence and advocating a ban. They said the efficient way to do this was to condition fishing licences prohibiting bottom trawling, as indeed had been done similarly for other types of fishing. Nevertheless bottom trawling was still allowed when licences were issued in 2021.

The Government’s approach was to consult on a proposed byelaw prohibiting bottom trawling on the Dogger Bank. The MMO’s assessment concluded that:

“Option 3, prohibition of the use of bottom towed gear across the whole site, is therefore the only way to ensure that there is no adverse effect on site integrity from fishing activities. This option would remove the impact of bottom towed fishing rom all areas of the site. This will help to achieve the conservation objectives of the site and give the best possible chance of restoring the qualifying sandbank habitat to favourable condition.’

However, the consultation only closed on 28 March 2021, and at the end of 2021, fishing licences for non-UK vessels were renewed with no restriction in relation to the Dogger Bank SAC/MPA. No byelaw had been laid before Parliament.

BLUE engaged Richard Buxton Solicitors to consider judicial review proceedings in relation to the Government’s failure to protect the site in accordance with Habitats Regulations, whether by conditioning licences or for not putting byelaws in place. This had the practical effect of the MMO announcing that the byelaw would be implemented on 13 June 2022.

A consultation on prohibition measures in 13 further MPAs closed in July 2022.