View source for 2021 Jersey dispute

{{Short description|2021 dispute over Jersey fishing licences}}
{{good article}}
{{Use dmy dates|date=July 2021}}
{{Use British English|date=May 2021}}
{{Brexit sidebar}}
[[File:Rozel Jersey 2015.jpg|thumb|Small fishing boats in the harbour of [[Vingtaine de Rozel|Rozel]] on Jersey's north east coast]]
[[File:Granville Vieux Port 2014 03.jpg|thumb|A 17-metre Jersey fishing trawler out of the water at [[Granville, Manche|Granville]]]]
In 2021, a dispute erupted between [[France|French]] fishermen and the [[Government of Jersey]] about the licensing of French fishing boats to [[Commercial fishing|fish]] in Jersey's [[territorial waters]]. Jersey is a British [[Crown Dependency]], and despite not being part of the [[United Kingdom]], the licensing of European Union fishing boats to fish in Jersey's territorial waters has changed after the [[UK exit from the EU]]. On 6 May 2021, French fishermen held a protest in the waters off Jersey's main harbour. The UK is responsible for the defence of the [[Channel Islands]] and sent two [[patrol boat]]s to Jersey in response to the fishermen's threats to blockade it. French politicians suggested that Jersey's electricity supply fed by undersea cables from France could be cut off in retaliation for Jersey placing limitations on the extent to which French boats can fish in the island's waters.

{{as of|March 2022}}, 131 boats had received permanent licences. Jersey considered the dispute to remain a live issue and were awaiting any formal complaint that France may lodge with the [[European Commission]]. The Jersey government continued to hold off enforcing some of the conditions of the French fishermen's licences, but intended to revisit them.

== Background ==
[[File:Maritime boundaries surrounding Jersey.png|thumb|[[Jersey]], its offshore reefs and territorial waters, and the adjacent coasts of France]]
[[File:Beresford Market 2.JPG|thumb|Jersey's fish market]]
Jersey is a [[Crown Dependency]].<ref name="factsheet">{{Cite web |url=https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/863381/crown-dependencies-factsheet-february-2020.pdf |title=Fact sheet on the UK's relationship with the Crown Dependencies |website=[[Ministry of Justice]]|access-date=18 July 2021|date=February 2020}}</ref> Although the island was never part of the UK nor EU,<ref name="factsheet" /> in 1996 it signed a fisheries management agreement with the UK that enabled the Jersey fleet's catch to be treated 'as if from the UK' and required it to comply with the UK's EU obligations under the EU's [[Common Fisheries Policy]] for Jersey's extended territorial sea.<ref>{{Cite web|date=9 September 2014|title=The Channel Islands and the European Union|url=https://www.channelislands.eu/wp-content/uploads/2015/02/CI-and-the-EU-09-09-2014.pdf|url-status=live|website=Channel Islands Brussels Office|access-date=18 July 2021|archive-url=https://web.archive.org/web/20210629104033/https://www.channelislands.eu/wp-content/uploads/2015/02/CI-and-the-EU-09-09-2014.pdf |archive-date=29 June 2021 }}</ref><ref>{{Cite web|date=3 July 2013|title=Marine Resources Strategy Consultation|url=https://www.gov.je/SiteCollectionDocuments/Government%20and%20administration/C%20Marine%20Strategy%20Consultation%20Document%20220713.pdf#page=62&zoom=100,118,472|website=[[Government of Jersey]]|publisher=[[Government of Jersey]]|pages=44–50|access-date=18 July 2021}}</ref>

Two-thirds of the [[shellfish]] consumed in France comes from the [[Normandy]] fishing fleet, supporting 4,000 jobs.<ref>{{Cite web|title=1ère région pour les coquillages de pêche !|url=https://www.normandiefraicheurmer.fr/la-peche-en-normandie/les-chiffres-cles/entry-2066-1ere-region-pour-les-coquillages-de-peche.html|access-date=12 May 2021 |website=www.normandiefraicheurmer.fr|language=fr|trans-title=Number one region for shellfish}}</ref> The fishing grounds surrounding Jersey are rich and diverse, with species including [[whelk]], [[brown crab]], [[cuttlefish]], [[lobster]], [[spider crab]], [[scallop]], [[clam]], [[Sole (fish)|sole]], [[Batoidea|ray]] and [[sea bream]].<ref name="assembly">{{Cite web|title=N°602 {{en dash}} Rapport de M. Gilbert Gantier sur le projet de loi autorisant la ratification d'un accord entre la République française et le Royaume-Uni de Grande-Bretagne et d'Irlande du Nord relatif à l'établissement d'une ligne de délimitation maritime entre la France et Jersey(48)|url=https://www.assemblee-nationale.fr/12/rapports/r0602.asp#:~:text=La%20France%20et%20le%20Royaume,une%20d%C3%A9claration%20qui%20marquent%20l%27|access-date=21 May 2021|website=[[National Assembly (France)|Assemblée Nationale]]|date=5 February 2003}}</ref><ref>{{Cite web |last=Coquelin |first=Pierre |date=9 May 2021 |title=Tensions avec Jersey : les poissonniers granvillais à "1000%" derrière les pêcheurs |trans-title=Tensions with Jersey: Granville fishmongers "1000%" behind fishermen |url=https://www.francebleu.fr/infos/agriculture-peche/tensions-avec-jersey-les-poissonniers-granvillais-a-1000-derriere-les-pecheurs-1620547864 |access-date=7 July 2021 |website=France Bleu |language=fr}}</ref> French fishermen like to fish in Jersey's waters because they are wider and deeper, which often leads to catching bigger produce.<ref>{{Cite web|title=Post-Brexit fish fight: Jersey isn't backing down and French are retaliating|url=https://news.sky.com/story/post-brexit-fish-fight-jersey-isnt-backing-down-and-french-are-retaliating-12304437|access-date=19 May 2021|website=[[Sky News]]|date=13 May 2021|first=Helen-Ann|last=Smith}}</ref> Jersey boats seldom fish in French waters.<ref name="assembly" />

=== Normal relations between Jersey and the neighbouring French coastal towns ===
[[File:Saint Ouën Jèrri Novembre 2012 04.jpg|thumb|The game of [[pétanque]] is played between Jersey and Norman teams.]]
Jersey has historically enjoyed a cordial relationship with its [[Normans|Norman]] and [[Breton people|Breton]] neighbours.<ref name="relationship">{{Cite web|title=Relationship with France|url=https://www.bianfrance.org/relationship-with-france/?lang=en|access-date=14 May 2021|website=Bureau des Îles Anglo-Normandes}}</ref> Jersey was part of the [[Duchy of Normandy]] until 1204.<ref name="relationship" /> The port of [[Barneville-Carteret]] is only {{convert|24|nmi|mi km}} from Jersey's capital [[Saint Helier]], and the larger ports of [[Granville, Manche|Granville]] and [[Saint-Malo]] are {{convert|30|nmi|mi km}} and {{convert|35|nmi|mi km}} away respectively. There is a passenger ferry service from the Norman ports to Saint Helier, and a [[High-speed craft|fast ferry]] carrying foot passengers and vehicles to Saint Malo. The [[marina]]s in the four ports are popular destinations for recreational boat owners. Eleven of the twelve [[parishes of Jersey]] are [[sister city|twinned]] with towns in Normandy, and the game of [[pétanque]] is played competitively between teams on the island and those of Norman towns.<ref>{{Cite news|title=Coutances in for the long haul|url=https://jerseyeveningpost.com/sport/2018/06/20/coutances-in-for-the-long-haul/|access-date=14 May 2021|newspaper=[[Jersey Evening Post]]|date=20 June 2018}}</ref> Jersey and [[Guernsey]] share the {{lang|fr|Bureau des Îles Anglo-Normandes}} {{endash}} a [[representative office]] in [[Caen]],<ref>{{Cite web|title=The Office|url=https://www.bianfrance.org/the-office/?lang=en|access-date=14 May 2021|website=Bureau des Îles Anglo-Normandes}}</ref> the [[prefecture#French préfecture|capital]] of Normandy, and the [[Departmental council (France)|departmental council]] of [[Manche]] and the [[Regional council (France)|regional council]] of Normandy shares an equivalent office in Jersey {{endash}} the {{lang|fr|Maison de la Normandie et de la Manche}} {{endash}} which is also the office of the French [[honorary consul]].<ref name=":2" />

Since 1985,<ref>{{Cite web|title=Faulty undersea cable removed ready for powerful replacement|url=https://guernseypress.com//news/2016/04/23/faulty-undersea-cable-removed-ready-for-powerful-replacement/|access-date=19 May 2021|website=[[Guernsey Press]]|date=23 April 2016}}</ref> Jersey has imported low-cost, [[low carbon energies|low-carbon electricity]] from Normandy through undersea cables that form the [[Channel Islands Electricity Grid]]. Jersey retains the ability to generate all its own electricity but the [[Jersey Electricity Company]] only does so in the event of a failure of the French link<ref>{{Cite news|date=26 September 2012|title=Jersey power cut caused by loss of cable with France|language=en-GB|work=BBC News|url=https://www.bbc.com/news/world-europe-jersey-19726781|access-date=19 May 2021}}</ref> which provides 95% of the island's power.<ref name="elec95" />

Speaking in the [[Senate (France)|French Senate]] on 5 May 2021, {{lang|fr|[[Senate (France)|Sénatrice]]}} [[:fr:Béatrice Gosselin|Béatrice Gosselin]] said "I can see Jersey chimneys from home, we all are '[[Anglo-Normans|anglo-normands]]' ... Our lives are linked to each other, it's been the case for centuries. We have to take those very particular conditions into account, the life between Jersey and the Manche coast has always existed and we need to put that at the forefront and work hard to find solutions that are fair for everyone."<ref>{{Cite news|last=Redoulès|first=Elodie|title=FOCUS: Under pressure French Senator pushes to heal Jersey ties|url=https://www.bailiwickexpress.com/jsy/news/we-need-work-together-and-find-solutions-together/|access-date=24 May 2021|website=Bailiwick Express|date=24 May 2021}}</ref>

=== Granville Bay agreement ===
Historically, Jersey controlled its territorial waters up to {{convert|3|nmi|mi km}} from its coast and around the [[Minquiers]] and [[Écréhous]] reefs which are part of the [[Bailiwick]] of Jersey. The area between Jersey and France's coastal waters was [[International waters|common sea]], not belonging to or controlled by anyone.<ref name="waters">{{Cite news|last=Potigny|first=Fiona|title=European Commission 'says Jersey fishing permits broke Brexit deal'|url=https://www.bailiwickexpress.com/jsy/news/european-commission-says-jersey-fishing-permits-broke-brexit-deal-reports-say/|access-date=6 May 2021 |work=Bailiwick Express}}</ref>

In 1839 the first treaty on fishing in waters between Jersey and France was made, limited to regulating [[oyster farming]].<ref name="pierre">{{Cite book|title=A Jerseyman's Journey {{en dash}} From Occupation to thriving mini-state|first=Peter|last=Body|publisher=[[Jersey Heritage]]|year=2020|isbn=978-0-9930456-5-3|page=69}}</ref> Slight amendments were made in 1920<ref name="draftlaw">{{Cite web|url=https://statesassembly.gov.je/assemblypropositions/2002/10656-24757.pdf|title=Draft Sea Fisheries (Amendment) (Jersey) Law 200-|website=[[States Assembly]]|date=11 June 2002|access-date=25 May 2021}}</ref> and again in 1951 when the words 'oyster fishing' were omitted to widen the scope of the agreement, effectively giving French fishermen the right to fish up to three miles off Jersey's coast without restrictions or controls.<ref name="pierre" /> By 1981 the growth in fishing and reducing stocks meant it was inadequate for modern fishing practices.<ref name="pierre" /> From 1992 until 2000,<ref>{{Cite journal|last1=Fleury|first1=C|year=2011|title=Quand droits des pêcheurs et frontières marines interfèrent. Enjeux et conflits dans le golfe normand-breton. In dimension spatiale des inégalités, Regards croisés sur les sciences sociales|last2=Backouche|first2=I.|last3=Ripoll|first3=F.|last4=Tissot|first4=S.|last5=Veschambre|first5=V.|place=Rennes|publisher=Presses Universitaires de Rennes|journal=Géographie Sociale|pages=87–113|url=https://halshs.archives-ouvertes.fr/halshs-00640641/document|trans-title=When fishermen's rights and marine borders interfere. Issues and conflicts in the Normandy-Breton gulf.|language=fr|access-date=18 July 2021}}</ref> Jersey Senator [[Pierre Horsfall]] negotiated a new agreement with his French counterparts. The ''Agreement Between The United Kingdom of Great Britain and Northern Ireland and The French Republic Concerning Fishing In The Bay of Granville'' was signed on 4 July 2000 by [[Michael Wilkes]], [[Lieutenant Governor of Jersey]] on behalf of [[the Crown]] and [[Daniel Bernard (diplomat)|Daniel Bernard]], [[List of ambassadors of France to the United Kingdom|French ambassador]] on behalf of France,<ref>{{Cite news|last=Bailhache|first=Philip|author-link=Philip Bailhache|date=15 May 2021|title=Restoring relations after the 'War of the Whelks'|pages=18–19|work=[[Jersey Evening Post]]}}</ref> but its implementation would require changes to the legislation in both Jersey and France.<ref name="draftlaw" /> It came into force on 1 January 2004, giving Jersey and France shared responsibility for the management of fishing in the area between {{convert|3|and|12|nmi|mi km}} off Jersey's coast under terms of the agreement. As of February 2020, 392 French boats had active permits to fish under the terms of the agreement, 67 of which actively use Jersey's waters to fish.<ref name="waters" /><ref>{{Cite news|last=Maguire|first=Jack|title=Fishermen plan protest to 'take back control'|url=https://jerseyeveningpost.com/news/2020/02/12/fishermen-plan-protest-to-take-back-control/|work=[[Jersey Evening Post]]|date=12 February 2020|access-date=18 July 2021}}</ref>

Provisions of the agreement included:<ref>{{Cite web|url=https://www.wired-gov.net/wg/wg-news-1.nsf/54e6de9e0c383719802572b9005141ed/3676beb8654f5789802572ab004b8db8?OpenDocument|title=Agreement On Fishing Rights In Jersey|date=31 December 2003|access-date=25 May 2021|publisher=[[Foreign and Commonwealth Office]]|via=www.wired-gov.net}}</ref>
* Vessels require a permit to fish commercially in the area
* A joint management committee composed of officials from France and Jersey would issue the permits and in doing so control the level of fishing effort in the area such as by increasing or reducing the number and size of boats, the type of fishing gear used and the level of catch allowed
* A joint advisory committee would represent the fishermen on both sides, giving them a forum to resolve disputes and enabling to engage with the government officials and scientists.

After the [[Brexit|UK left the EU]] on 31 January 2020 there was a [[Brexit transition period|transition period]] of one year where EU law continued to apply to the UK. At the end of this period the Bay of Granville Agreement no longer had effect and Jersey's fishing relationship with France changed to be governed by the [[EU–UK Trade and Cooperation Agreement]].<ref name="transition">{{Cite web|last=Heath|first=Ian|title=Bid to limit French fishing rights 'suicidal'|url=https://jerseyeveningpost.com/news/2020/12/10/bid-to-limit-french-fishing-rights-suicidal/|access-date=8 June 2021|website=[[Jersey Evening Post]]|date=30 December 2020}}</ref> Under the new agreement Jersey must allow licensed European vessels that have historically fished in its territorial waters to continue to do so.<ref name="transition" /> According to newspaper ''[[Ouest-France]]'', French fishermen were wary of the changes and  were considering ways to retaliate if their fishing rights were curtailed, including "'blackmail' in landing fish, to energy {{en dash}} since submarine cables supply the islands from Normandy {{en dash}} or in freight or customs duties".<ref>{{Cite news|last=Carof-Gadel|first=Marie|date=7 December 2020|title=La pêche dans les eaux anglo-normandes suspendue aux décisions du Brexit|trans-title=Fishing in Channel waters suspended from Brexit decisions|work=[[Ouest-France]]|url=https://www.ouest-france.fr/mer/la-peche-dans-les-eaux-anglo-normandes-suspendue-aux-decisions-du-brexit-7075994|access-date=8 June 2021|quote=Alors depuis quelques semaines, on phosphore en coulisses. « Chantage » au débarquement du poisson, à l'énergie – puisque les câbles sous-marins alimentent les îles depuis la Normandie {{en dash}}, ou encore au fret ou aux droits de douane.|language=French}}</ref>

=== Trade agreement ===
{{main article|EU–UK Trade and Cooperation Agreement}}
The EU–UK Trade and Cooperation Agreement (TCA) was signed by the EU and UK on 30 December 2020 after [[Trade negotiation between the UK and the EU|nearly ten months of trade negotiations]].<ref>{{Cite web|title=Legislative train schedule|url=https://www.europarl.europa.eu/legislative-train|access-date=7 August 2021|date=24 June 2021|first1=Christophe|last1=Hansen|first2=Andreas|last2=Schieder|website=[[European Parliament]]}}</ref> Three days earlier, Jersey formally agreed to be included in the deal, ensuring that it could continue to trade with Europe without [[tariff]]s. Its [[parliament]] {{endash}} the [[States of Jersey]] {{endash}} were given until the end of March to properly scrutinise the detail of the agreement.<ref name="jerseysigns" /> Once [[ratified]], Jersey took sole responsibility for managing its territorial waters. Any restrictions it places on fishing must apply equally to Jersey and EU boats.<ref name="jerseysigns">{{Cite news|url=https://www.bailiwickexpress.com/jsy/news/jersey-signs-brexit-trade-deal/|title=Jersey signs up to Brexit trade deal|first=Julien|last=Morel|date=27 December 2020|website=Bailiwick Express|access-date=18 July 2021}}</ref>

The TCA initially only [[Provisional application (treaty)|provisionally applied]] until it formally came into force on 1 May 2021 after the UK and EU ratified the agreement.<ref>{{Cite press release|title=EU-UK trade and cooperation agreement: Council adopts decision on conclusion|url=https://www.consilium.europa.eu/en/press/press-releases/2021/04/29/eu-uk-trade-and-cooperation-agreement-council-adopts-decision-on-conclusion/|access-date=5 June 2021|website=[[European Council]]|date=29 April 2021}}</ref>

== Fishing permits ==
When Jersey's Environment Minister John Young announced that Jersey would be taking full control of its territorial waters in December 2020, he expressed hope that a new system would better ensure the ecological conservation of fishing stocks in the Island's waters.<ref>{{Cite web|last=Heath|first=Ian|title=Brexit: Jersey to take full control of its fishing grounds|url=https://jerseyeveningpost.com/news/2020/12/27/brexit-jersey-to-take-full-control-of-its-fishing-grounds/|access-date=2021-10-03|website=jerseyeveningpost.com|date=27 December 2020|language=en}}</ref> On 14 February 2020, 100 Jersey fishermen and supporters staged a protest in St Helier for action to be taken against [[overfishing]].<ref>{{Cite news|date=2020-02-14|title=Call to protect Jersey waters from overfishing|language=en-GB|work=BBC News|url=https://www.bbc.com/news/world-europe-jersey-51503875|access-date=2021-10-03}}</ref> The president of the Jersey Fishermen's Association stated during the protest that "It's all about the marine environment and taking care of it and looking after it for future generations."

The TCA says that "each Party shall grant vessels of the other Party access to fish in its waters reflecting the actual extent and nature of fishing activity that it can be demonstrated was carried out during the period beginning on 1 February 2017 and ending on 31 January 2020 by qualifying vessels of the other Party in the waters and under any treaty arrangements that existed on 31 January 2020."<ref>Article 502.1 of the TCA.</ref>

On 25 January 2021 the Government of Jersey and [[European Commissioner for Oceans and Fisheries|EU Commissioner for Environment, Oceans and Fisheries]] [[Virginijus Sinkevičius]] agreed to formalise the amnesty period that Jersey had introduced,<ref name="commitment">{{Cite web|title='Political Commitment' Reached On Fishing Rights|url=https://www.channel103.com/news/jersey/political-commitment-reached-on-fishing-rights/|website=[[Channel 103]]|date=27 January 2021|access-date=18 July 2021}}</ref> allowing French boats over {{convert|12|metres|feet}} long to continue to fish until the end of April 2021. This was intended to enable EU fishermen to gather and submit the necessary evidence of their historic fishing activities in Jersey waters.<ref name="auto">{{Cite news|date=1 May 2021|title=First Jersey fishing licences issued to French boats|work=[[BBC News]]|url=https://www.bbc.com/news/world-europe-jersey-56956788|access-date=5 May 2021}}</ref>

On 23 April 2021 Jersey implemented the provisions of the TCA in [[law of Jersey|its domestic legislation]] through amendments to the Sea Fisheries (Jersey) Law 1994 and Sea Fisheries (Licensing of Fishing Boats) (Jersey) Regulations 2003, which defined the process for licensing of fishing boats operating in its waters.<ref>{{Cite web|title=Sea Fisheries (TCA – Licensing of Fishing Boats) (Amendment of Law and Regulations) (Jersey) Regulations 2021|url=https://www.jerseylaw.je/laws/enacted/Pages/RO-054-2021.aspx|date=23 April 2021|access-date=28 June 2021|website=[[Jersey Legal Information Board]]}}</ref><ref>{{Cite web|url=https://www.jerseylaw.je/laws/unofficialconsolidated/Pages/14.825.aspx|title=Sea Fisheries (Jersey) Law 1994|website=[[Jersey Legal Information Board]]|date=30 April 2021|access-date=18 July 2021}}</ref><ref>{{Cite web|url=https://www.jerseylaw.je/laws/unofficialconsolidated/Pages/14.825.56.aspx|title=Sea Fisheries (Licensing of Fishing Boats) (Jersey) Regulations 2003|website=[[Jersey Legal Information Board]]|date=30 April 2021|access-date=18 July 2021}}</ref>

The change means that Jersey now controls fishing activities for EU boats in Jersey waters which is of concern especially to French fishermen.<ref>{{Cite news|url=https://www.leparisien.fr/economie/brexit-les-pecheurs-francais-empeches-d-acceder-aux-eaux-de-jersey-15-01-2021-8419425.php|title=Brexit : les pêcheurs français empêchés d'accéder aux eaux de Jersey|trans-title=Brexit: French fishermen prevented from accessing Jersey waters|date=15 January 2021|work=[[Le Parisien]]|language=fr|access-date=18 July 2021}}</ref> According to the Normandy and Brittany fishers' federations it affects 250 of their fishing boats, about 900 families and 2,000 jobs on land.<ref name="willgoon">{{Cite news|url=https://www.theguardian.com/world/2021/may/06/french-fishers-protest-over-jersey-rights-is-over-but-the-dispute-will-go-on|title=French fishers' protest over Jersey rights is over but the dispute will go on|first1=Jon|last1=Henley|first2=Lisa|last2=O'Carroll|first3=Steven|last3=Morris|date=6 May 2021|work=[[The Guardian]]|access-date=7 May 2021}}</ref>

The new permit system came into force for vessels over {{convert|12|metres|feet}} long equipped with [[vessel monitoring system]]s (VMS) at the end of the amnesty period on 30 April 2021, and the [[Government of Jersey]] issued 41 permits, with a further 14 pending as of that date,<ref name="auto"/> out of 344 requests.<ref>{{Cite web|title=Jersey : la sortie amère des pêcheurs français dans les eaux post-Brexit|trans-title=Jersey: the bitter exit of French fishermen in post-Brexit waters|url=https://www.msn.com/fr-fr/actualite/monde/a-jersey-les-p%C3%AAcheurs-fran%C3%A7ais-en-col%C3%A8re-bloquent-le-port/ar-BB1gqaJy|access-date=5 June 2021|website=[[msn.com]]|first=Romain|last=Boulho|date=6 May 2021|language=French}}</ref> When the fishermen received their licences via email there was surprise that they came with conditions, some of which were specific to their boat, including:
* how many days a boat may fish in Jersey waters,<ref>{{Cite news|title=Post-Brexit fish fight: Jersey isn't backing down and French are retaliating|url=https://news.sky.com/story/post-brexit-fish-fight-jersey-isnt-backing-down-and-french-are-retaliating-12304437|access-date=14 May 2021 |work=[[Sky News]]|date=13 May 2021}}</ref> ranging from 7 to 170 days per year<ref name="closed">{{Cite press release|date=4 May 2021|title=Normandie and Le Departement of La Manche Close Their Office In Jersey|url=https://www.maisondenormandie.com/en/wp-content/uploads/2021/05/Press-Release-_-04_05.pdf|access-date=19 May 2021|website=Maison de la Normandie et de la Manche}}</ref>
* what species they may target<ref name="bream" />
* what fishing gear can be used, and how [[Fishing dredge|dredging]] can be done<ref name="bream" /><ref name="guardianwhat">{{Cite news|date=6 May 2021|title=What is behind the dispute over fishing rights around Jersey?|url=http://www.theguardian.com/uk-news/2021/may/06/what-jersey-fishing-rights-dispute-boris-johnson-patrol-boats|access-date=6 May 2021|work=[[The Guardian]]}}</ref>
* temporary exclusion from [[sea bream]] [[spawning ground]]s to enable scientific research to take place<ref name="bream" /><ref name="guardianwhat" />
However, Jersey later suspended these extra conditions and also allowed for additional types of positional data to be accepted as evidence of historical fishing in addition to VMS such as [[Automatic identification system|AIS]], [[logbook]]s, [[chart plotter]]s and other written information, as well as [[GPS]].<ref>{{Cite news|date=2021-09-29|title=Jersey refuses licences to 75 French fishing boats|language=en-GB|work=BBC News|url=https://www.bbc.com/news/world-europe-jersey-58732292|access-date=2021-10-27}}</ref>

Young clarified that the fishing licensing scheme will allow Jersey to monitor and control an environmentally sustainable level of fishing in Jersey's territorial waters.<ref>{{Cite web|title=FOCUS: Conservation...or friendly fishing relations?|url=https://www.bailiwickexpress.com/jsy/news/fine-line-between-teca-and-conservation/|access-date=2021-10-03|website=Bailiwick Express|language=en}}</ref> Young further stated that; "Our fishing has been unsustainable because of overfishing in the past and I've been clear about that and there will need to be conservation measures. What we've got is a framework of licensing that creates a fair way of doing it, so both ourselves and the EU nations can have sustainable fishing."

On 29 September 2021, the Jersey government issued a total of 142 fishing permits,<ref>{{Cite web|last=Taylor|first=Ed|title=French fishermen 'getting ready to attack St Helier'|url=https://jerseyeveningpost.com/news/2021/10/01/french-fishermen-getting-ready-to-attack-st-helier/|access-date=2021-10-03|website=jerseyeveningpost.com|date=October 2021|language=en}}</ref> but stated they had rejected permits for 75 French vessel citing that they "do not meet the criteria and have either not fished in Jersey waters during the relevant period or have not been able to evidence their activity".<ref>{{Cite web|date=2021-09-29|title=Jersey fears French fishers blockade amid fresh UK-France row|url=https://www.theguardian.com/uk-news/2021/sep/29/fresh-row-between-uk-and-france-over-jersey-fishing-rights|access-date=2021-09-29|website=the Guardian|language=en}}</ref> In [[Reciprocity (international relations)|reciprocity]], Jersey boats that have traditionally fished in French waters are expected to be given a permit to continue by the French authorities.<ref>{{Cite news |date=29 December 2020 |title=Jersey fishermen 'not celebrating' Brexit deal |work=[[BBC News]] |url=https://www.bbc.co.uk/news/world-europe-jersey-55467386|access-date=18 July 2021}}</ref> {{as of|2021|06|28}} only three Jersey fishing boats had applied for such a permit.<ref name="extend">{{Cite web|last=Morel|first=Julian|title=Jersey offers amnesty extension in effort to resolve fishing dispute|url=https://www.bailiwickexpress.com/jsy/news/jersey-offers-extension-fishing-transition-period-effort-resolve-dispute-eu-and-france/|access-date=28 June 2021|website=Bailiwick Express|date=28 June 2021}}</ref> A similar licensing regime exists for Jersey boats that wanted to continue to fish in [[Guernsey|Guernsey’s]] territorial waters. When that was introduced, only 18 of the 165 boats in Jersey's fishing fleet were granted licences, having provided sufficient proof of a track record of fishing in the area controlled by Guernsey.<ref name="commitment" />

The temporary licences expired on 1 February 2022, with 130 vessels permanently licensed. Young said that the island now intended to focus on the 'nature' and 'extent' clauses<ref name="l130">{{Cite web |date=1 February 2022 |title=Fishing licences: Situation now 'stable', says minister |url=https://jerseyeveningpost.com/news/2022/02/01/fishing-licences-situation-now-stable-says-minister/ |access-date=21 March 2022 |website=[[Jersey Evening Post]] |language=en-GB}}</ref> which were intended to limit how many days the boats could fish in Jersey waters, the species they could catch and the equipment they could use. Around 30 boats that had been given temporary licences would no longer be able to fish in Jersey waters, having not produced the evidence required.<ref>{{Cite news|title=Deadlock after more talks with French over fishing licences |url=https://www.bailiwickexpress.com/jsy/news/deadlock-after-more-talks-french-over-fishing-licences/ |access-date=2022-03-21 |website=Bailiwick Express |language=en|first=Julien|last=Morel}}</ref> By 9 March 2022, one more boat had received a permanent licence, bringing the total to 131.<ref name="direct" />

== Dispute ==
In February 2021, Jersey fishermen protested over their concerns that French fishing boats were exploiting the amnesty period by overfishing in Jersey's waters.<ref>{{Cite news|date=14 February 2020|title=Call to protect Jersey waters from overfishing|work=[[BBC News]]|url=https://www.bbc.co.uk/news/world-europe-jersey-51503875|access-date=18 July 2021}}</ref> Further concerns were raised in April that French fishing trawlers were using unsustainable fishing methods such as dredging during the amnesty period.<ref>{{Cite web|last=Jeune|first=James|title='Industrial' French fishing 'decimating' local seabed|url=https://jerseyeveningpost.com/news/2021/04/01/industrial-french-fishing-decimating-local-seabed/|access-date=2021-10-03|website=jerseyeveningpost.com|date=April 2021|language=en}}</ref> Young accused French trawlers of "breaking the spirit of the amnesty" and that due to recent dredging by French trawlers that Jersey's marine ecology "won't take this for much longer and, if it goes on, we will have to close the area off for years".<ref>{{Cite web|title=Government accuses French boats of "breaking spirit of fishing amnesty"|url=https://www.bailiwickexpress.com/jsy/news/government-french-boats-breaking-spirit-fishing-amnesty/|access-date=2021-10-03|website=Bailiwick Express|language=en}}</ref>

The TCA says that "each Party shall notify the other Party of new measures as referred to in paragraph 1 that are likely to affect the vessels of the other Party before those measures are applied, allowing sufficient time for the other Party to provide comments or seek clarification."<ref>{{Cite web|title=Trade And Cooperation Agreement Between The European Union And The European Atomic Energy Community, Of The One Part, And The United Kingdom Of Great Britain And Northern Ireland, Of The Other Part|url=https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/948119/EU-UK_Trade_and_Cooperation_Agreement_24.12.2020.pdf|url-status=live|website=[[GOV.UK]]|page=263|access-date=18 July 2021|archive-url=https://web.archive.org/web/20201228165122/https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/948119/EU-UK_Trade_and_Cooperation_Agreement_24.12.2020.pdf |archive-date=28 December 2020 }}</ref> The French government said that these conditions had not been discussed previously and therefore had no effect.<ref name="guardianwhat" /> {{citation needed span|date=October 2021|text=It complained at how the system had been implemented, calling the new rules "completely unacceptable" as they dictate where ships can and cannot go.}}

Jersey may not have received the information that the French fishermen provided to evidence their historic fishing activity in Jersey's waters. When a French fishing boat applies for a licence, the request is submitted by the French local authorities to the EU who forward it to the [[Marine Management Organisation|United Kingdom Single Issuing Authority]] (UKSIA) who forward it to Jersey.<ref name="guida" /> In an interview with [[France Bleu]], Jersey politician [[Deputy (legislator)|Deputy]] Gregory Guida, a Frenchman by nationality, said "what we received was of very poor quality. The French administration sent us horrors: missing or duplicated documents of boats with just the minimum 10 days to issue licences without additional information to determine the importance of their annual activity in our waters."<ref name="guida">{{Cite interview|title=Licences de pêche à Jersey : "Nous n'avons aucun intérêt à rester brouillés avec la France"|url=https://www.francebleu.fr/infos/agriculture-peche/licences-de-peche-a-jersey-nous-n-avons-aucun-interet-a-rester-brouilles-avec-la-france-1620222947|access-date=18 May 2021|website=[[France Bleu]]|language=fr|trans-title=Fishing licences in Jersey: "We have no interest in remaining at odds with France"|interviewer=Martin Benoit|first=Gregory|last=Guida|date=5 May 2021}}</ref> Normandy politician {{lang|fr|Sénatrice}} Gosselin told the fishermen that the missing documents may have been lost somewhere between the committee that checks that the information is complete, the ''[[:fr:Direction des pêches maritimes et de l'aquaculture|Direction des pêches maritimes et de l'aquaculture]]'' (DPMA), the [[Minister of the Sea (France)|Minister of the Sea]] and [[Brussels and the European Union|Brussels]].<ref>{{Cite news|url=https://www.ouest-france.fr/mer/peche-a-jersey-les-pecheurs-normands-veulent-reprendre-les-commandes-cf308348-b62c-11eb-9d0b-d31a5f1d6514|trans-title=Fishing in Jersey. Norman fishermen want to take back control|first=Marie|last=Carof-Gadel|date=16 May 2021|title=Pêche à Jersey. Les pêcheurs normands veulent reprendre les commandes| work=[[Ouest France]]|language=fr|access-date=16 May 2021}}</ref> The Normandy Regional Fisheries Committee (CRPMEM) called her comments "irresponsible" and described the situation as "formidably complex".<ref>{{Cite web|date=19 May 2021|title=Pêche à Jersey. Le comité régional dénonce des " propos irresponsables "|trans-title=Fishing in Jersey. The regional committee denounces "irresponsible remarks"|url=https://www.ouest-france.fr/normandie/peche-a-jersey-le-comite-regional-denonce-des-propos-irresponsables-ad2338c4-b8b4-11eb-8808-bb5efb49456f|url-status=live|access-date=20 May 2021|website=[[Ouest France]]|language=fr|archive-url=https://web.archive.org/web/20210519163926/https://www.ouest-france.fr/normandie/peche-a-jersey-le-comite-regional-denonce-des-propos-irresponsables-ad2338c4-b8b4-11eb-8808-bb5efb49456f |archive-date=19 May 2021 }}</ref>

French fishermen may have believed it was sufficient to produce evidence of ten days of fishing to receive a permit for the whole year, while in fact they needed to produce a minimum of ten days of evidence, plus evidence for the most days per year they had fished in the island's waters in the past three years.<ref>{{Cite news|last=Taylor|first=Ed|title=French threaten to blockade Island as fishing row erupts|url=https://jerseyeveningpost.com/news/2021/05/05/french-threaten-to-blockade-island-as-fishing-row-erupts/|access-date=5 May 2021 |work=[[Jersey Evening Post]]|date=5 May 2021}}</ref>

=== 6 May protest ===
[[Normandy|Norman]] and [[Bretons|Breton]] fishermen met in Granville on 3 May, with some intent on [[blockade|blockading]] the port of Saint Helier on 6 May in protest at the system.<ref>{{Cite tweet|user=mcarofgad|number=1389198435300032514|title=A #granville la réunion des pêcheurs sur les conditions de pêche à #Jersey a commencé. La tension est palpable « On s'est fait enfler par les anglais » #peche #brexit|language=fr|trans-title=In #granville the fishermen's meeting on #Jersey fishing conditions has started. The tension is palpable "We got blown up by the English" #peche #brexit|access-date=18 July 2021}}</ref><ref>{{Cite tweet|title=Certains pêcheurs sont prêts à partir pour #jersey pour bloquer l'île. La colère est palpable quitte à risquer l'arraisonnement. D'autres militent pour des moyens de pression légaux comme couper l'électricité ou l'approvisionnement. Empêcher la débarque est privilégié|user=mcarofgad|number=1389202189160259587|language=fr|trans-title=Some fishermen are ready to leave for #jersey to block the island. The anger is palpable even if it means risking boarding. Others are campaigning for legal pressure tactics such as cutting off the electricity or the supply. Prevent the disembarkation is privileged|access-date=18 July 2021}}</ref>

In the evening of the 5 May, [[United Kingdom|UK]] [[Prime Minister of the United Kingdom|Prime Minister]] [[Boris Johnson]] said "any blockade would be completely unjustified" and announced that the [[Royal Navy]] would send two patrol vessels to monitor the waters around Jersey as a precautionary measure. He also held meetings with Senator [[John Le Fondré]], the [[Chief Minister of Jersey]] and Senator [[Ian Gorst]], the island's Minister of External Relations, telling them of the need for a "de-escalation in tensions".<ref name=BBC_57003069>{{Cite news |first=Emma |last=Harrison |date=6 May 2021 |title=UK sends Royal Navy to patrol Jersey port amid fishing row |work=[[BBC News]] |url=https://www.bbc.com/news/uk-57003069 |access-date=5 May 2021}}</ref>

On 6 May, {{HMS|Severn|P282|6}} and {{HMS|Tamar|P233|6}} arrived off the south coast of Jersey where they maintained a presence and monitored the situation from a distance, but did not intervene.<ref name=BBC_57003069/> Later two French patrol boats, {{ship|French patrol vessel|Athos||2}} and {{ship|French patrol vessel|Thémis||2}}<ref name=fre2>{{Cite news |last1=Sullivan|first1=Rory|last2=Sharman |first2=Jon |title=Jersey fishing row – live: France sends Athos and Themis boats as Boris Johnson says naval ships to remain|url=https://www.independent.co.uk/news/uk/home-news/jersey-news-live-france-uk-navy-b1842955.html |archive-url=https://web.archive.org/web/20210506080936/https://www.independent.co.uk/news/uk/home-news/jersey-news-live-france-uk-navy-b1842955.html |archive-date=2021-05-06 |url-access=limited |url-status=live |access-date=6 May 2021 |work=[[The Independent]]|date=6 May 2021}}</ref> began patrolling just outside of the {{convert|12|nmi|spell=in}} limit, remaining in French waters.<ref>{{Cite tweet|user=Marinetraffic|title=A more detailed MarineTraffic playback video of activity around Jersey from 2am UTC today until just a few moments ago, which includes all the French fishing vessels, plus the HMS Severn, & the French Navy's Athos vessel.|number=1390275959333523461|date=6 May 2021 |access-date=13 May 2021}}</ref>

Between 50 and 60 French fishing boats including trawlers and smaller craft entered the Saint Helier Harbour area, remaining outside the pierheads and for a time obstructing the [[Ferry|freight ferry]] {{MV|Commodore Goodwill}} from leaving her berth.<ref>{{Cite web|last=Hodgkin|first=Emily|date=6 May 2021|title=Condor ferries blocked between Jersey and Guernsey amid fishing row|url=https://www.express.co.uk/travel/articles/1432517/condor-ferries-jersey-guernsey-blocked-french-fishing-row|access-date=28 June 2021|website=[[Daily Express]]}}</ref> Some lit [[flare|distress flares]] and others displayed banners. The fishermen communicated amongst themselves over [[marine VHF radio]]. They were joined by a Jersey [[oyster]] fisherman supportive of the French on his converted [[landing craft]], the ''Normandy Trader''.<ref name="flares">{{Cite news|title='M*rde': Flares, fishing rights and flags jostle off coast of Jersey|url=https://www.independent.co.uk/news/uk/home-news/jersey-fishing-row-latest-brexit-b1843356.html |archive-url=https://web.archive.org/web/20210506184338/https://www.independent.co.uk/news/uk/home-news/jersey-fishing-row-latest-brexit-b1843356.html |archive-date=2021-05-06 |url-access=limited |url-status=live|access-date=7 May 2021|work=[[The Independent]]|first=Julien|last=Morel|date=6 May 2021}}</ref> One of the French fishermen said that having just spent €3m on two new trawlers he could go [[bankrupt]] if not allowed to continue to fish in Jersey waters on the same basis as before.<ref>{{Cite news|last=Taylor|first=Ed|title=French pledge more action if fishing restrictions remain|url=https://jerseyeveningpost.com/news/2021/05/07/french-pledge-more-action-if-fishing-restrictions-remain/|access-date=8 May 2021 |work=[[Jersey Evening Post]]|date=7 May 2021}}</ref>

A member of the [[Jersey Militia]] [[Military reenactment|reenactment]] group was seen at [[Elizabeth Castle]] firing a [[musket]] towards the French boats.<ref>{{Cite news |title=French fishermen blockade Jersey's main harbour |url=https://www.itv.com/news/channel/2021-05-06/french-fishermen-en-route-to-blockade-jerseys-main-harbour |access-date=6 May 2021 |work=ITV News |date=6 May 2021}}</ref> A French fishing boat was filmed appearing to ram one of the only Jersey boats in the vicinity of the protest {{en dash}} a [[speedboat]] driven by a local entrepreneur who is alleged to have taunted the Frenchmen.<ref>{{Cite news|title=Harbour Master investigates 'ruff stuff' during fishing protest|url=https://www.bailiwickexpress.com/jsy/news/harbour-master-investigates-ruff-play-during-fishing-protest/|access-date=7 May 2021|work=Bailiwick Express|date=7 May 2021}}</ref><ref>{{Cite news|date=6 May 2021|title=Brexit: Boris Johnson says Royal Navy to stay on patrol in Jersey as French fishing boats leave after row|work=[[Sky News]]|url=https://news.sky.com/story/uk-to-send-two-royal-navy-boats-to-jersey-after-france-threatens-blockade-of-island-port-12297840|access-date=6 May 2021}}</ref> Jersey's [[harbourmaster]] later investigated the altercation, but no charges were brought.<ref>{{Cite web|last=Taylor|first=Ed|title=Harbour collision investigation: Both parties were 'provocative'|url=https://jerseyeveningpost.com/news/2021/06/12/harbour-collision-investigation-both-parties-were-provocative/|access-date=28 June 2021|website=[[Jersey Evening Post]]|date=12 June 2021}}</ref>

[[File:Show des Batchieaux Jersey Boat Show 2012 09.jpg|thumb|Jersey's fisheries protection vessel the ''Norman Le Brocq'']]
At 11:40{{nbsp}}am, two hours of discussions began in Saint Helier Harbour.<ref name="willgoon" /> In order to respect [[COVID-19]] [[Social distancing measures related to the COVID-19 pandemic|social distancing]] rules, Jersey officials aboard Jersey's [[fisheries protection]] vessel the ''Norman Le Brocq'' came alongside the ''Normandy Trader'' which had representatives of the French fishermen aboard.<ref>{{Cite press release|title=Government of Jersey representatives due to meet with French fishing leaders|url=https://www.gov.je/News/2021/Pages/FrenchFishingLeadersGovernment.aspx|access-date=6 May 2021|website=[[Government of Jersey]]|date=6 May 2021}}</ref> The lead representative from Jersey was its Assistant Minister for The Environment Deputy Guida {{emdash}} a fluent French speaker.<ref name="flares" /> Senator Gorst said the talks were positive, however a spokesman for Normandy fishermen said the talks put them "deeper into deadlock", and warned that retaliatory measures would be taken if this did not get resolved.<ref name="remain">{{Cite news|date=6 May 2021|title=French fishermen leave Jersey after post-Brexit rights protest|work=[[BBC News]]|url=https://www.bbc.com/news/uk-57011376|access-date=6 May 2021}}</ref>

The protest ended at around 2{{nbsp}}pm.<ref name="willgoon" /> Boris Johnson said the [[Royal Navy]] vessels would remain in place,<ref name="remain" /> but both ships left the area that evening.<ref>{{Cite news|date=6 May 2021|title=UK withdraws patrol boats from Jersey after French Brexit row|url=https://www.reuters.com/world/europe/french-flotilla-stages-protest-off-jersey-fishing-row-2021-05-06/|access-date=16 August 2021|website=[[Reuters]]}}</ref> The protest was front-page news on most UK national newspapers whereas there was minimal coverage in France.<ref>{{Cite news|date=6 May 2021|title=Bemusement in France as media yawn at Jersey 'war'|url=https://www.independent.co.uk/news/world/europe/jersey-france-fishing-brexit-b1843165.html |archive-url=https://web.archive.org/web/20210506152248/https://www.independent.co.uk/news/world/europe/jersey-france-fishing-brexit-b1843165.html |archive-date=2021-05-06 |url-access=limited |url-status=live|access-date=7 May 2021|work=[[The Independent]]}}</ref>

On 19 May, the French trawler ''Alizé 3'' was intercepted illegally fishing in restricted [[bream]] breeding grounds. The trawler had been told by French authorities that French fishermen were allowed to fish wherever they wanted, despite the risk of breaking Jersey law.<ref>{{Cite web|last=Taylor|first=Ed|title=French trawler caught in protected Jersey waters|url=https://jerseyeveningpost.com/news/2021/05/19/french-trawler-caught-in-protected-jersey-waters/|access-date=2021-10-03|website=jerseyeveningpost.com|date=19 May 2021|language=en}}</ref> In August, another French trawler was accused of illegally fishing 1.2 tonnes of protected [[Atlantic bluefin tuna|bluefin tuna]] in Jersey's territorial waters.<ref>{{Cite web|title=Call for 'full investigation' into alleged bluefin tuna fishing breach|url=https://jerseyeveningpost.com/news/2021/08/25/call-for-full-investigation-into-alleged-bluefin-tuna-fishing-breach/|access-date=2021-10-03|website=jerseyeveningpost.com|date=25 August 2021|language=en}}</ref>

=== Closure of ports in Normandy to Jersey fishermen and freight ===
[[File:Granville, Frankreich02.jpg|thumb|Some of the Granville fishing fleet in their home port]]
Jersey exports much of the fish that is caught locally by its own fishing fleet to France, landing it at the ports of Carteret, Granville or Saint Malo. Jersey boats registered with [[North East Atlantic Fisheries Commission]] can land [[crustacean]]s and [[fin fish]] they have caught, as these species are exempt from the EU [[Agreement on the Application of Sanitary and Phytosanitary Measures|sanitary and phytosanitary]] (SPS) requirements for an Export Health Certificate. However, specific French permission is required before each landing. Scallops, clams and whelks cannot be landed into the EU without a health certificate.<ref>{{Cite web|title=Direct landing of fish to the EU from 1 January 2021|url=https://www.gov.je/Industry/FarmingFishing/Fishing/Pages/LandingOfFishEU.aspx|access-date=16 January 2021|publisher=[[Government of Jersey]]}}</ref> On 10 March 2021, Jersey fishermen blocked the island's harbour to draw attention to being prevented from landing their catch in French harbours since Brexit.<ref>{{Cite news |date=10 March 2021 |title='Desperate' Jersey fishermen blocked harbour in protest|work=[[BBC News]]|url=https://www.bbc.com/news/world-europe-jersey-56350855|access-date=6 May 2021}}</ref> The day after the 6 May protest, a Jersey fishing boat was prevented from landing its catch of cuttlefish in Carteret by French fishermen who lined the quay.<ref>{{Cite news|title=Manche : de retour en France, les pêcheurs recalent un bateau de pêche venant de Jersey|url=https://actu.fr/normandie/barneville-carteret_50031/manche-de-retour-en-france-les-pecheurs-recalent-un-bateau-de-peche-venant-de-jersey_41652723.html|access-date=7 May 2021|work=actu.fr|language=fr|trans-title=Channel: back in France, the fishermen refuse a fishing boat from Jersey|first=Maxence|last=Dourlen|date=6 May 2021}}</ref>

On 7 May, the Manche government formally notified the Government of Jersey that it was suspending the landing of catches by Jersey boats in Granville, Carteret and [[Diélette]] until further notice.<ref>{{Cite news|title=BREAKING: Jersey fishermen officially banned from landing catch in Normandy|url=https://www.bailiwickexpress.com/jsy/news/breaking-jersey-fishermen-officially-banned-landing-catch-france/|access-date=7 May 2021|work=Bailiwick Express|date=7 May 2021}}</ref> Jersey's government said it considered the ban to be non-compliant with the terms of the TCA and it would appeal to the European Commission.<ref>{{Cite web|title=Jersey claims French catch ban breaches Brexit deal|url=https://www.bailiwickexpress.com/jsy/news/breaking-jersey-fishermen-officially-banned-landing-catch-france/|access-date=20 May 2021|website=Bailiwick Express|date=7 May 2021}}</ref> The ban was temporarily lifted on 10 May but was reinstated the following day and extended to prevent [[sea freight|freight]] movements.<ref>{{Cite news |title=Lifeline links to France cut as ports are blocked|url=https://jerseyeveningpost.com/news/2021/05/13/lifeline-links-to-france-cut-as-ports-are-blocked/|access-date=13 May 2021 |work=[[Jersey Evening Post]]|date=13 May 2021}}</ref> Jersey businesses that regularly export fish to France were warned that even if the ports were officially open to Jersey exporters, local fishermen may obstruct them trying to offload their produce.<ref>{{Cite news|last=Taylor|first=Ed|title=Reopened French ports still 'shut'|url=https://jerseyeveningpost.com/news/2021/05/12/reopened-french-ports-still-shut/|access-date=13 May 2021 |work=[[Jersey Evening Post]]|date=12 May 2021}}</ref>

On 7 September, Jersey's Environment Minister told a scrutiny panel that work to rebuild relationships had led to better cooperation with the French, and the Government of Jersey was "not getting the complaints that [it] used to with landing, hostility, or anything of that nature anymore, that has gone away".<ref name="sept8">{{Cite news|last=Redoulès|first=Elodie|title=Minister considering two 'Plan Bs' to avoid further fishing amnesty extension|url=https://www.bailiwickexpress.com/jsy/news/minister-considering-two-plan-bs-avoid-further-extension-fishing-amnesty/|access-date=10 September 2021|website=Bailiwick Express|date=8 September 2021}}</ref>

=== 18 September protest ===
At midday on 18 September, between 100 and 150 fishermen, their families and officials gathered on Armanville beach, [[Pirou]] to highlight the licensing issue and put pressure on the Jersey authorities.<ref name="powerplay">{{Cite news|last=Morel|first=Julien|title=FOCUS: French make 'power play' as fishing anger flares again|url=https://www.bailiwickexpress.com/jsy/news/focus-jersey-hopes-avoid-fishing-deja-vu-end-month/|access-date=20 September 2021|website=Bailiwick Express}}</ref><ref>{{Cite news |last=Bordes |first=Isabelle |date=18 September 2021 |title=Accès aux zones de pêche britanniques : les pêcheurs normands inquiets se rassemblent dans la Manche |work=[[Ouest France]] |url=https://www.ouest-france.fr/normandie/coutances-50200/pirou-sur-la-plage-devant-jersey-pour-les-droits-des-pecheurs-3f09c574-1895-11ec-a0d3-7bd64ac845f0 |access-date=20 September 2021|trans-title=Access to British fishing grounds: worried Norman fishermen gather in the English Channel|url-access=subscription|language=fr}}</ref><ref>{{Cite news|last=Valoi|first=Thierry|title=Pirou. Rassemblement des marins pêcheurs pour faire pression sur Jersey|url=https://www.tendanceouest.com/actualite-387932-pirou-rassemblement-des-marins-pecheurs-pour-faire-pression-sur-jersey.html|access-date=2021-09-20|website=[[Tendance Ouest]]|language=fr|trans-title=Pirou. Rally of fishermen to put pressure on Jersey}}</ref> The beach is where ''Normandie 3'', one of the three undersea electricity cables to Jersey is buried.<ref>{{Cite news|date=22 April 2014|title=Third Jersey-France electricity cable work begins|work=[[BBC News]]|url=https://www.bbc.com/news/world-europe-jersey-27108678|access-date=20 September 2021}}</ref>

==Reactions==
On 3 May, the [[Normandy (administrative region)|Normandy]] region and the Manche department closed their combined offices in Jersey, which were set up in 1995, to protest their discontent and lack of understanding.<ref name=":2">{{Cite news|date=3 May 2021|title=Pêche. La Normandie et la Manche ferment leurs bureaux à Jersey|url=https://www.ouest-france.fr/normandie/peche-la-normandie-et-la-manche-ferment-leurs-bureaux-a-jersey-a90691c6-ac40-11eb-aa8c-8db87c6bb01a|work=[[Ouest-France]]|language=fr|trans-title=Fishing. Normandy and the Channel close their offices in Jersey/|access-date=3 May 2021}}</ref><ref name="closed" /> The ''Maison de Normandie'' reopened on 1 July.<ref>{{Cite news|title=La paix at last? Maison de la Normandie reopens its doors|url=https://www.bailiwickexpress.com/jsy/news/la-paix-last-maison-de-la-normandie-reopens-its-doors/|access-date=3 July 2021|website=Bailiwick Express|last=Potigny|first=Fiona|date=2 July 2021}}</ref><ref>{{Cite web|date=1 July 2021|title=Apaisement Dans Les Relations Institutionnelles Avec Les Îsles Anglo-Normandes|url=https://www.maisondenormandie.com/wp-content/uploads/2021/07/CP-SMANM-01-07-2021_2.pdf|url-status=live|website=Maison de Normandie|access-date=18 July 2021|language=French|trans-title=Appeasement in Institutional Relations with the Channel Islands|archive-url=https://web.archive.org/web/20210709183616/https://www.maisondenormandie.com/wp-content/uploads/2021/07/CP-SMANM-01-07-2021_2.pdf |archive-date=9 July 2021 }}</ref>

[[File:Annick Girardin.jpg|thumb|upright|[[Annick Girardin]], France's [[Minister of the Sea (France)|Minister of the Sea]]]]
On 5 May, the Maritime Minister [[Annick Girardin]] said France was "ready to use{{nbsp}}... retaliatory measures" including cutting off the island's power supply from France.<ref name="elec95">{{Cite news|date=4 May 2021|title=France threatens to cut power to Jersey amid fishing row|work=[[BBC News]]|url=https://www.bbc.com/news/world-europe-56984886|access-date=5 May 2021}}</ref> Former UK [[Secretary of State for Defence]] [[Penny Mordaunt]] wrote in a letter to the UK [[Secretary of State for Business, Energy and Industrial Strategy]] [[Kwasi Kwarteng]] that the proposed £1.2bn [[AQUIND Interconnector]] between Normandy and [[Portsmouth]] which would supply up to 5% of the UK's electricity needs should not proceed because of the risk that it would "become politicised and involved in any future discussions, in particular on fishing".<ref>{{Cite news|title=Jersey fishing dispute: France's 'sinister' threat to cut power to island means Channel cable project should be scrapped, MP says|url=https://news.sky.com/story/jersey-fishing-dispute-frances-sinister-threat-to-cut-power-to-island-means-channel-cable-project-should-be-scrapped-mp-says-12299117|access-date=14 May 2021 |work=[[Sky News]]|first=Andy|last=Heyes|date=7 May 2021}}</ref>

On the evening of the protest the UK Government issued a statement saying that under the Trade and Cooperation Agreement, Jersey authorities have a right to regulate fisheries in their waters and that they continue to support them in exercising those rights.<ref>{{Cite press release|title=Statement on the latest developments in Jersey|url=https://www.gov.uk/government/news/statement-on-the-latest-developments-in-jersey-6-may-2021|access-date=7 May 2021|publisher=[[10 Downing Street#Office of the Prime Minister|Prime Minister's Office]]|website=[[GOV.UK]]|date=6 May 2021}}</ref>

In the week after the protest, [[Member of the European Parliament|MEP]] [[Stéphanie Yon-Courtin]] suggested that the EU could apply [[economic sanction]]s by restricting agreements permitting Jersey to sell its [[financial services]] to EU citizens, and accused Jersey of being a [[tax haven]]. She said Jersey should withdraw from the TCA and revert to an agreement similar to the previous Granville Bay treaty that would provide more access to Jersey waters for French fishermen.<ref>{{Cite news|last=Heath|first=Ian|title=French warning of potential threat to financial services|url=https://jerseyeveningpost.com/news/2021/05/12/french-warning-of-potential-threat-to-financial-services/|access-date=13 May 2021 |work=[[Jersey Evening Post]]|date=12 May 2021}}</ref>

The [[European Commission]] spokesperson Vivian Loonela said UK was breaking the Brexit trade deal.<ref>{{Cite news |last1=Woodcock |first1=Andrew |title=Jersey fishing row: European Commission says UK is breaking the Brexit trade deal |url=https://www.independent.co.uk/news/uk/politics/brexit-jersey-eu-uk-france-b1843053.html |archive-url=https://web.archive.org/web/20210506114032/https://www.independent.co.uk/news/uk/politics/brexit-jersey-eu-uk-france-b1843053.html |archive-date=2021-05-06 |url-status=live |access-date=6 May 2021 |work=[[The Independent]] |date=6 May 2021|url-access=registration}}</ref> The UK [[Secretary of State for Environment, Food and Rural Affairs]] [[George Eustice]] called the threat to shut down electricity to Jersey "disproportionate and unacceptable".<ref>{{Cite news|title=Brexit: French threat to cut Jersey's electricity over fishing row 'disproportionate and unacceptable' {{en dash}} George Eustice|url=https://news.sky.com/story/brexit-french-threat-to-cut-jerseys-electricity-over-fishing-row-disproportionate-and-unacceptable-george-eustice-12297731|access-date=7 May 2021|work=[[Sky News]]|first=Alix|last=Culbertson|date=5 May 2021}}</ref>

== Related disputes ==
[[File:Scallop dredge 2.jpg|thumb|A scallop dredge]]
In October 2020, the [[Parliament of the United Kingdom]] passed the [[Fisheries Act 2020]]. It includes a 'permissive extent clause' that would enable the [[Government of the United Kingdom]] by an [[Order in Council]] to extend the provisions of the Act to cover the [[Crown Dependencies]] to bring them into line with the UK's international obligations.<ref>{{Cite web|date=9 November 2020|title=Fisheries Bill: Commons amendment 22|url=https://committees.parliament.uk/publications/3336/documents/32127/default/|url-status=live|website=[[UK Parliament]]|access-date=18 July 2021|archive-url=https://web.archive.org/web/20210507115446/https://committees.parliament.uk/publications/3336/documents/32127/default/ |archive-date=7 May 2021 }}</ref> This move caused outrage in Jersey as it was seen to be contrary to [[politics of Jersey#Relations with the United Kingdom|Jersey's constitutional relationship with the UK]].<ref>{{Cite news |date=13 November 2020 |title=UK fishing powers 'trample' on Crown dependencies|work=[[BBC News]]|url=https://www.bbc.com/news/world-europe-guernsey-54930022|access-date=7 May 2021}}</ref><ref>{{Cite news|last=Heath|first=Ian|title=Outrage as UK tries to take control of fishing rights in Jersey waters|url=https://jerseyeveningpost.com/news/2020/10/15/outrage-as-uk-tries-to-take-control-of-fishing-rights-in-jersey-waters/|access-date=7 May 2021|work=[[Jersey Evening Post]]}}</ref> It was reported that the UK intended to cede Jersey's territorial waters as a bargaining chip in order to secure a better deal with the EU.<ref>{{Cite web|last=Perclval|first=Richard|date=2020-09-19|title=Jersey fishing fury: Chief HITS BACK after critical Brexit 'misunderstanding'|url=https://www.express.co.uk/news/politics/1337567/brexit-news-trade-talks-jersey-fishing-ian-gorst-boris-johnson-eu|access-date=2021-10-03|website=Express.co.uk|language=en}}</ref> This was denied by the British government.

== Attempts to resolve the dispute ==
During the discussions on the day of the protest, the Government of Jersey committed to setting up a telephone number which the French fishermen could use to speak directly with fluent French-speaking staff in its marine resources team as an addition to the formal diplomatic channels.<ref>{{Cite news|last=Stephenson|first=Lucy|title=France lifts ban on Channel Island fishing boats|url=https://jerseyeveningpost.com/news/2021/05/10/france-lifts-ban-on-channel-island-fishing-boats/|access-date=13 May 2021 |work=[[Jersey Evening Post]]|date=10 May 2021}}</ref> On 12 May, Girardin called for this to be suspended.<ref name="regime" />

Jersey extended the time that boats over {{convert|12|metres|feet}} had to provide additional evidence of their historic fishing activities in the area until 1 July. However, on 12 May, Girardin wrote to the EU Commissioner Sinkevicius asking for all licences to be renewed until 30 September, without the new requirements that were imposed by Jersey.<ref name="regime">{{Cite news|title=French Minister urges EU to cancel Jersey's new fishing regime|url=https://www.bailiwickexpress.com/jsy/news/french-minister-sea-tells-eu-suspend-jerseys-new-fishing-regime/|access-date=13 May 2021|work=Bailiwick Express|date=13 May 2021|first=Julien|last=Morel}}</ref> On 18 May, the ''Alizé 3'' {{emdash}} a {{convert|16|metres|feet|adj=on}} French fishing boat from Granville {{emdash}} was alleged to have fished in an exclusion area where scientific research was due to take place.<ref>{{Cite news|last=Potigny|first=Fiona|title=Gov launches investigation into 'suspicious fishing' by French boat|url=https://www.bailiwickexpress.com/jsy/news/gov-launches-investigation-suspicious-fishing-french-boat/|access-date=19 May 2021|website=Bailiwick Express|date=18 May 2021}}</ref> Jersey's fisheries protection vessel ''Norman Le Brocq'' intercepted the fishing boat whose [[Sea captain#Skipper|skipper]] was adamant that he had permission to fish there. Deputy Guida said that Jersey would be lodging a complaint with the European Commission.<ref name="bream">{{Cite news|last=Taylor|first=Ed|title=French trawler caught in protected Jersey waters|url=https://jerseyeveningpost.com/news/2021/05/19/french-trawler-caught-in-protected-jersey-waters/|access-date=19 May 2021|website=[[Jersey Evening Post]]|date=19 May 2021}}</ref>

As of 19 June, with two weeks before the 1 July deadline, the Jersey authorities had not received any further data from French boats over {{convert|12|metres|feet}} to evidence the extent that they had historically fished in Jersey's waters.<ref>{{Cite news|last=Taylor|first=Ed|title='Armageddon' fear over new fishing clash with French|url=https://jerseyeveningpost.com/news/2021/06/19/armageddon-fear-over-new-fishing-clash-with-french/|access-date=19 June 2021|website=[[Jersey Evening Post]]|date=19 June 2021}}</ref>

When questioned by the [[House of Lords]]' European Affairs Committee, the  [[European Union Delegation to the United Kingdom|Ambassador of the European Union to the United Kingdom]] [[João Vale de Almeida]] said the way to resolve the dispute was to "use the instruments we created, the bodies we set up within the withdrawal agreement, the joint specialised committees within the Trade and Corporation Agreement, a number of committees and working groups" {{emdash}} a governance structure he described as "complex" {{emdash}} rather than unilateral measures.<ref>{{Cite news|last=Redoulès|first=Elodie|title=EU Ambassador urges return to "normal procedures" after fishing war|url=https://www.bailiwickexpress.com/jsy/news/eu-ambassador-calls-return-normal-procedures-after-bad-start-fishing-dispute/|access-date=28 June 2021|website=Bailiwick Express|date=25 June 2021}}</ref>

On 28 June, Jersey media reported that the EU had recently requested a further extension to the transitional arrangements, and Jersey had agreed to do so until the end of September. The 47 larger boats equipped with tracking systems would continue to be able to fish, along with 177 smaller boats that had applied for licences, and the rules about the number of days that the French boats can fish and the gear that they can use would temporarily not apply. This time would enable "constructive discussions" to continue, and more historical catch data to be submitted and analysed during July. In exchange, Jersey sought assurances that the three of its fishing fleet that had requested permits to continue to fish in French waters would be granted them, and that the French would honour the terms of the trade deal by continuing to allow Jersey boats to unload their catch in France.<ref name="extend" /> {{as of|2021|9|10}}, the UKSIA listed 177 boats under {{convert|12|metres|feet}} that had been authorised to fish under the transitional arrangements until 30 September 2021.<ref>{{Cite web|date=30 June 2021|title=EU Vessel List for Jersey Waters Access under agreed transitional arrangements until 30 September 2021|url=https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/998136/EU_Vessel_List_for_Jersey_Waters_Access_under_agreed_transitional_arrangements_until_30_September_2021.ods|url-status=live|access-date=10 September 2021|website=[[GOV.UK]]|archive-url=https://web.archive.org/web/20210713073603/https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/998136/EU_Vessel_List_for_Jersey_Waters_Access_under_agreed_transitional_arrangements_until_30_September_2021.ods |archive-date=13 July 2021 }}</ref>

On 6 September, French prime minister [[Jean Castex]] wrote to President of the European Commission [[Ursula von der Leyen]] that there was a lack of "political will" to resolve the dispute, and called for a consultative body to be established, similar to those in place under the Granville Bay agreement.<ref>{{Cite news|last=Redoulès|first=Elodie|title=French PM blames fishing row on lack of "political will"|url=https://www.bailiwickexpress.com/jsy/news/french-pm-blames-fishing-row-lack-political-will/|access-date=10 September 2021|website=Bailiwick Express|date=9 September 2021}}</ref>

On 7 September, Senator Gorst informed the House of Commons [[Justice Select Committee]] that the TCA made clear that it was up to Jersey to issue the licences, that there was no automatic transition from the previous treaty, and that the Island's government wanted to work through the technical details and data to respect the historic fishing rights of the French but "no more and no less". While the communication was more positive, Jersey "still did not have all the data" and was pushing all parties for the data via [[Brussels and the European Union|Brussels]].<ref name="sept8" />

In January 2022, France's Europe Minister [[Clément Beaune]] said the French could take legal action, which Jersey's Environment Minister understood to mean they could ask the EU to invoke arbitration mechanisms that are built into the Withdrawal Agreement.<ref name="l130" /> As of 9 March 2022, no such complaint had been filed.<ref name="direct">{{Cite web |last=Morel|first=Julian |title=Major breakthrough in fishing dispute as Macron allows direct talks |url=https://www.bailiwickexpress.com/jsy/news/major-breakthrough-fishing-dispute-macron-allows-direct-talks/ |access-date=2022-03-21 |website=Bailiwick Express |language=en}}</ref> [[President Macron]] had told Brittany and Normandy that they could negotiate directly with Jersey, alongside the formal route between Jersey, the UK, the EU, France and the regions, and the first such meeting had taken place.<ref name="direct" />

The 'nature and extent' part of the licensing agreement that covers which species of fish each boat can catch, where and in what quantity remains under discussion as of December 2022, together with the rules on replacement vessels. Jersey's new Environment Minister, Deputy Jonathan Renouf was seeking approval for a change in the regulations so that there is more flexibility in how similar a replacement fishing boat needs to be to the old one. This would allow for the replacement to be slightly longer or have a bigger engine, for example.<ref>{{Cite web |last=Morel |first=Julien|title=Hope that flexibility over replacing boats will lead to fishing deal |url=https://www.bailiwickexpress.com/jsy/news/hope-flexibility-over-replacement-boats-will-lead-fishing-agreement/ |date=15 December 2022 |access-date=4 January 2023 |website=Bailiwick Express|language=en}}</ref>

== EU compensation scheme ==
A €60m EU-funded compensation scheme is intended to provide individual support to fishers that failed to be granted a licence, or to enable them to exit the profession.<ref>{{Cite web |title=Fishing back on agenda for politicians heading to France for key talks |url=https://www.bailiwickexpress.com/jsy/news/fishing-agenda-politicians-heading-france-key-talks/ |access-date=13 October 2022 |website=Bailiwick Express |language=en|first=Julien|last=Morel|date=13 October 2022}}</ref>

==See also==
* [[1993 Cherbourg incident]]
* [[Cod Wars]]
* [[English Channel scallop fishing dispute]]
* [[External relations of Jersey]]
* [[Fish for finance]]
* [[France–United Kingdom relations]]
* {{section link|Maritime history of the Channel Islands|Fishing}}

==References==
{{reflist|2}}

==External links==
* {{Cite web|url=https://treaties.un.org/doc/Publication/UNTS/Volume%202269/v2269.pdf|title=Agreement Between The United Kingdom of Great Britain and Northern Ireland and The French Republic Concerning Fishing In The Bay of Granville|pages=98–196|work=[[United Nations Treaty Series]]|volume=2269|publisher=[[United Nations]]|year=2006}}
* [https://www.gov.je/Industry/FarmingFishing/Fishing/Pages/FishingBoatLicensing.aspx#anchor-4 Fishing boat licensing information on the Government of Jersey website]
* [https://www.gov.uk/guidance/united-kingdom-single-issuing-authority-uksia#crown-dependencies List of EU vessels approved by the Government of Jersey to fish in the relevant Jersey waters]
* [https://www.bianfrance.org/?lang=en {{lang|fr|Bureau des Îles Anglo-Normandes}}]
* [https://www.maisondenormandie.com/en/ {{lang|fr|Maison de Normandie}}]

{{France–United Kingdom relations}}

[[Category:2021 in international relations]]
[[Category:2021 in Jersey]]
[[Category:2021 in France]]
[[Category:May 2021 events in Europe]]
[[Category:Conflicts in 2021]]
[[Category:21st century in Normandy]]
[[Category:Consequences of Brexit]]
[[Category:EU–UK Trade and Cooperation Agreement]]
[[Category:Foreign relations of Jersey]]
[[Category:Fishing conflicts]]
[[Category:Fisheries law]]
[[Category:Fishing in France]]
[[Category:France–United Kingdom relations]]
[[Category:United Kingdom and the European Union]]