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Spanish can fish, says Governor in accordance with 1999 agreement
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Following questions concerning Spanish fishing in Gibraltar waters, the Governor Sir Francis Richard has said that Spanish fishermen can fish in accordance with an agreement signed in 1999.
The Governor was responding to a recent press release by the GSLP/Liberal Opposition. The alliance had taken up concerns expressed by local fishing associations.
A statement yesterday said that "The Governor has seen comments by the GSLP/ Liberal alliance on the claim by EFSA, Gibraltar that Spanish commercial fishing vessels have been fishing in British Gibraltar Territorial Waters.
"There is an Agreement dated 3 February 1999, which was made public at that time and is publicly available now, between the fishing sector of the Campo de Gibraltar and the Government of Gibraltar on this issue. This Agreement is consistent with respect for Gibraltar Legislation; the Royal Gibraltar Police are well aware of their obligations in this context, which they fulfil actively and conscientiously."
OPPOSITION VIEW
Towards the end of last month, the Opposition said it had been informed that Spanish fishing boats were fishing with nets on the Eastern side of the Rock and that the Police did not take any action to stop them when this activity was reported. Fishing with drift nets is illegal throughout the European Union including Gibraltar and Spain.
In addition to this, it is a matter of concern to the Opposition that the person reporting the offence claims to have been told by the Police Inspector on duty that there is an agreement which allows Spanish fishing boats to fish in our waters 225 metres from our shoreline outwards.
This is not the first time that such fishing incursions have been brought to the notice of the Opposition. However, it is the first time that we have received a report which gives such a reason to explain the inactivity of the Police, they said.
"The Opposition is not aware of the existence of any agreement which sanctions a breach of the law of Gibraltar, or which takes precedence over the law. It goes without saying that the Royal Gibraltar Police is there to enforce the law of Gibraltar and not to give effect to private agreements which break that law.
"The Opposition take a very serious view of this incident. Given that the Police is the responsibility of His Excellency the Governor, the Opposition urge him to make an urgent clarification of this matter in public so that people know exactly what the position is," they said at the time.
LOCAL FISHING VIEW
At the time, John Gonzalez and Mario Ramos of GFSA and EFSA committee, made public a letter they had sent to the Commissioner of Police Joe Ullger.
The letter said that over the last month "several of our members had informed that Spanish fishing boats have been fishing with drift nets," said the letter.
Mr Gonzalez and Mr Ramos themselves sailed over to the eastern side to investigate and found two Spanish commercial fishing vessels using drift nets of approximately two kilometres long and about one kilometre from the shore. When the matter was reported to the police, the response was that there was an agreement.
However, the local fishing associations then drew attention to drift nets being illegal throughout the EU including Spain and asked that this illegal activity be stopped.
The two associations said they wanted to have clarification "on how the law stands at the moment in Gibraltar so that we can advise our members."
They added: If there is an agreement which allows Spanish fishing vessels to fish in our waters we would like to know if they are allowed to fish any type of fishing method including those which are illegal in Spain and the EU.
Put in a nutshell, what the associations were saying was this: If the Spanish can break Gibraltar fishing laws because of an agreement, does this mean that local fishing vessels can do the same?
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