Sandeels: under threat again

One of the final acts of the Conservative UK Government was to prohibit sandeel fishing in the English North Sea. At the same time, since fisheries management is devolved, the Scottish Government prohibited sandeel fishing in all of Scotland’s waters, including the Scottish part of the North Sea.

However, through the Trade & Cooperation agreement (TCA), the EU has challenged these closures, stating it unfairly impacts one nation – and has pushed the process to arbitration. The first time the Brexit agreement (TCA) has been challenged.

Denmark, which holds more than 90% of the EU sandeel fishing quota has, along with Sweden, initiated legal proceedings against the UK Government, which is responsible for international fisheries negotiations on behalf of all UK nations. Denmark takes around 250,000 tonnes of sandeels annually from British waters, amounting to several billion fish worth in the region of £40m.

Sandeels are primarily caught by the Danish fishing fleet, via bottom towed gear. Sandeel fishing is a large-scale industrial activity, the aim of which is to produce oil and fishmeal protein largely for use in fish farming and land animal feedstuffs. EU fishing quotas for sandeels do not take into account the needs of marine species for whom they are a staple food.

Sandeels are a staple food for endangered seabirds such as puffins and kittiwakes – as well as cetaceans like whales and dolphins, and a wide range of commercial fish, like mackerel, cod and haddock.

Sandeels breed and grow in the shallow sand banks of the North Sea. They hibernate over winter, and spawn in the following spring. As a cold-water species, climate change is a significant threat, but they are also under pressure from fixed windfarms, often built on the sandbanks of the North Sea due to their shallower depth, and fishing pressure.

Ecologically, with UK seabirds in decline – and given the UK’s global importance for seabirds – it is essential that we ensure they have enough food to feed their chicks and for the adults, build up enough energy supplies to weather the winter storms.

Recognising the importance of sandeels as food for seabirds already led to the sandeel fishery closure in 2000 off the east coast of Scotland and northeast England. The more recent closure of the Dogger Bank Special Area of Conservation (SAC) to bottom towed gear was undertaken as part of compliance with the Habitats Regulations, to protect the rare and sensitive seabed features. It also had the added benefit of providing an additional safe haven for the sandeels breeding there. There are also three marine protected areas for sandeel in Scotland that are still awaiting similar fisheries management measures.

Gareth Cunningham, our Director of Conservation and Policy, said: “Sandeels are vital to the UK's internationally valuable seabird populations, harbour porpoises, seals, and even chip-shop favourites like cod and haddock.

“While the economic concerns of the EU are important, prioritising economic interests over long-term marine recovery jeopardises the future of our seas and the industries that depend on them. To protect seabirds, cetaceans, and fish stocks, the sandeel closure must remain in place.”

The hearing is set to begin on 28 January 2025, with a decision expected no later than April.

If the EU decides to reject the closure – it is unclear what alternative they would propose for ecological recovery. The challenge from the EU is an economic one, despite the EU also having equivalent conservation legislation to the UK – the Marine Strategy Framework Directive & the Habitats Directive. These would require equivalent measures to be taken to protect the same species the UK has by introducing the sandeel ban.