Att. Director Mr. A. Laurec

Subject: Detachment of crab claws.

Date: 6.1.2000

Dear Mr. A. Laurec

Thank You for your reply on our enquiries regarding crab claws. To Your notice, we have enclosed a copy of your reply in a letter to the Danish Ministry of Food Agriculture and Fishery. As we have already explained, we have several times requested the Danish authorities to make a clear statement on the matter. Because we interpret your letter as a clear piece of information to the fishermen, we now urge the Danish authorities to adopt a similar unambiguous attitude. For Your information, I enclose a copy of the letter to the Danish Minister of Food, Agriculture and Fishery.

I have, however, following comments on Your letter:

- You state that we revive an old debate regarding crab claws. So far, the debate has not included the Danish fisheries, therefore the debate is unfamiliar to us.

- Regarding unintended and intended bycatch it is true that strict and well-known rules covering both are impossible. But it should be possible first to reach a common understanding of rules for unintended bycatch in the fishing industry. It must be possible in fisheries because it is possible in all other spheres of society. And it should also be done because it is a governmental responsibility to manage fisheries in order to make fishing possible. If certain fisheries do not correlate with the management system they should be strict banned, and not in this way where the authorities left the fishery to navigate in unfamiliar ’waters’ of rules and regulations. It is not the responsibility of the fishermen to interpret ambiguous statements.

- You state that order 850/98 article 18 is ethically substantiated. But, if the order is supposed to solve an ethical issue, You have to let us know how the order can do that?

- Like other inhabitants of this planet - its serious - fishermen do not like being suspected for unethical behaviour! This order judges the fishermen on a claimed unethical behaviour. That is unethical!

- Living Sea do not share Your fear that a public debate possibly could lead to a total ban on landing of crab claws. Of course it is impossible to prevent a total ban on crab claws and if it happens, the authorities have disregarded their obligations. The authorities are obliged to be open and informative and must not ‘hide in the bushes’. Both by authorities and the fishing industry the real problems of this case must be discussed in order to come up with a suitable solution.

Our applications from the 3. December 1999 to the Commission are not considered to contain information important enough to reverse or change the legislation. On this matter we disagree with the Commission.

Even though the Danish Society for a Living Sea does not organise fishermen, we do not hesitate – on behalf of the Danish small scale net-fishery – to request the Commission to reconsider this issue. We strongly recommend that the order is brought in conformity with the actual net-fishery. If not, at least, consider the implications of legislation based on ethical grounds. We strongly emphasise that an ethical ban is inappropriate and should be lifted.

Once again we propose to come to Brussels to elaborate on the matter in favour of the otherwise sensible and environmental friendly net-fishery.

Kind regards

Kurt Bertelsen Christensen

Chairman

- by mail to Alain.Laurec@cec.eu.int we have send copy of this letter and other material