Read the ruling here

The County Administrative Board assesses that the measures presented will not affect the environment in the Natura 2000-areas, in a significant way. Therefore permission is not required in accordance with ch. 7 § 28a of the Environmental Code.

The County Administrative Board recommends that permission is applied for in accordance with ch. 11 of the Environmental Code, for those measures that will be taken within Swedish territory. The County Administrative Board recommends that there is consultation with professional fishermen who have the right to fish in the areas in question. It should therefore rest upon Greenpeace to state which legal grounds there are in taking measures with the purpose of hindering the fishing industry.

If the measures are taken, the County Administrative Board, with the support of ch. 26 §§ 21 and 22 of the Environmental Code, will order Greenpeace to, no later than one month after the measures are taken, report to the County Administrative Board how and where the measures were carried out. Stated in the account shall be the point in time, co-ordinates and the quantity of stone blocks placed.

The County Administrative Board reiterates that this decision does not release the organiser from the obligation to adhere to what is prescribed in another statute or what is covered by the rights of others.

This decision can be appealed in the Environmental Court, Vänersborg’s District Court, see appendix 1.

Download the full document (pdf)

To the Halland County Administrative Board
Att: AnnaKarin Sandholm
301 86 HALMSTAD
Sweden

Greenpeace submission re: the national authorities’ formal responses in case no 511-3917-09

Conclusion

Sweden is obliged to maintain or restore the favorable conservation status of the Natura 2000 sites Fladen and Lilla Middelgrund and all other Natura 2000 sites. The government has so far remained passive despite the fact that the deadline for establishing a fully implemented protection regime expires in December next year and Sweden will at that point violate EU legislation. Greenpeace is therefore considering filing a formal complaint to the European Commission to explore if infringement procedures should be pursued in the Court of Justice if adequate protection is not implemented in time.

Sweden must now start to live up to its responsibility and establish legal protection for Fladen and Lilla Middelgrund, since it is not Greenpeace responsibility to carry out the work of the authorities. The Swedish government claims that protecting the marine environment is a priority which may be questioned when not even the EU’s minimum requirements of measures in marine Natura 2000 sites are met. In the case of marine areas with fishing restrictions, Sweden is still decades behind countries such as Egypt, Venezuela and Indonesia. The government should immediately conduct a national work plan of the marine Natura 2000 sites in order to submit a single application to the EU-Commission requesting fisheries restrictions in Natura 2000 sites. Restrictions need to be introduced in order to achieve favorable conservation status for habitats and species in marine Natura 2000 sites.

Until Swedish politicians have lived up to their responsibility establishing a permanent ban on fishing in the sites, it may be necessary for Greenpeace to take the necessary conservation measure establishing physical protection in accordance with the exception of the Environmental Code seventh chapter (Chapter 7, § 28 a, second paragraph. Habitats Directive 92/43/EEC article 6.3).

During Sweden’s upcoming EU Presidency Andreas Carlgren and Eskil Erlandsson should vigorously pursue the reform of the EU’s Common Fisheries Policy that is now underway. In this context Sweden must clearly emphasize the need for an integrated ocean management solving the conflict between conservation interests and fisheries policy. Fladen and Lilla Middelgrund with all the legal ambiguities and the complicated processes necessary to protect them are clear examples of the lack of a coherent ocean management based on the ecosystem approach. Until Swedish policy makers have lived up to their responsibility, it may be necessary for Greenpeace to take conservation measures to achieve conservation objectives. We note that this measure does not require a license.

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The County Administrative Board concludes that there are no legal obstacles for Greenpeace to carry out the conservation measure. Thereby the County Administrative Board agrees with Greenpeace that the conservation measure is indeed a conservation measure, which means the measure is positive for the environment since it prevents destructive bottom trawling. This is a great victory for the environment. However, it is also a scandal that authorities do not live up to their responsibilites in adequately protecting the Natura 2000 sites and regulating fisheries. The authorities cannot always rely on Greenpeace to do their job.

Translation of the County Administrative Board’s decision:

The Decision of the Halland County Administrative Board no 511-3917-09

This decision can be appealed to the Environmental Court, the district court of Vänersborg, see attachment no 1.

* Swedish national legislation corresponding to the Habitats Directive 92/43/EEG article 6.3.

Natioal Board of Fisheries | Swedish maritime administration | Swedish Coast Guard | Legal, Financial and Administrative Services Agency | Environmental Protection Agency | Swedish Transport Agency

The county administrative board has received remarks and comments concerning a proposal circulated for consideration about the case. These are hereby transmitted (see attachments) for your information and comments. Any remarks has do be presented to the county administrative board the 8 May 2009 at the latest (correct?).

Comments are sent to:
Länstyrelsen I Hallands län
301 86 HALMSTAD

is best done by e-mail to
annakarin.sandholm@lansstyrelsen.se

Please state diary number 511-3917-09

Reply – Transportstyrelsen | Reply – Sjöfartsverket | Reply – Naturvårdsverket | Reply – Kustbevakningen | Reply – Fiskeriverket | Reply – Kammarkollegiet

If you know other ways to get hold of the information, you are very welcome to contact us since this information is most relevant to be able to continue our work!

Depth facts about the two areas in question (Fladen and Lilla Middelgrund) belongs to the Swedish Maritime Administration. The military authorities are therefore not able to assist with the requested information. Demand has to be sent to the Swedish Maritime Administration.

The military authorities take the chance to inform that if Greenpeace has the intention to accomplish a hydrographical survey, it is necessary to have a permission. I attach a document with information about permission in connection with hydrographical survey.

Yours sincerely,

____________________________________________________
Anders Åhlstad
FÖRSVARSMAKTEN
Marintaktiska staben
Tel: 08- 788 9406

Download the enclosed document

Read the legal assessment

During an open discussion meeting in Varberg where Greenpeace presented plans for placement of granite blocks as trawl obstacles on two shallow banks in Kattegatt, it appeared that there are no large disagreements among different interest groups. The question is concerning the two areas of Fladen and Lilla Middelgrund. Each of them have special natural values, and therefore have been designated as Natura 2000 areas.

When a Natura 2000 areas is submitted, and is accepted by the EU, a member state has 6 years to provide protection that would guarantee a “favorable protected status”. 5 years have now gone for Fladen and Lilla Midelgrunden, and nothing has been done – thus Greenpeace plans for action.

During an open meeting in Varberg, where commercial fishermen, anglers, county authorities and others were invited, Staffan Danielsson from Greenpeace presented the reasoning done by the environmental organization.

Wants to prevent damage
“Parts of Kattegat are among the most trawled areas in the world” stated Staffan Danielsson. “We want to prevent damage from bottom trawling, and we have submitted information of our intention to undertake protective measures in the form of trawling obstacles”.

Greenpeace intends in August/September to place around 300 untreated granite blocks, produced in Southern Norway and in Halland at depths of 25-30 meters on the two banks.

“These contain unique so called merle bottoms and bubble reefs, which we want to protect. It is our intention that the reef and the sand banks need to be protected.”

This may mean, according to Danielsson that fisheries will have limited access to the area, but this, he claims can be compensated economically via the Habitat Directive’s article 6.

“Measures must be put into place sooner or later; it is the responsibility of member states. If nothing is done, EU can take Sweden to court”, said Danielsson. “We hope to solve it together; we would think this would be terribly great!”

“Halland fishermen are a little special”, responded Viking Bengtsson, chairman of Division 9 of Swedish Commercial Fishermen’s Association, who spoke next.

“We have a whole region to deal with, we have to deal with the whole of Kattegatt, from which we provide first class fish for the whole Swedish people. Over the years, we have been speaking to the County government about how to use Kattegatt.”

Viking spoke about the policy program, that the Halland Fishermen adopted at the latest annual meeting which contains a clear desire for protection of off-shore banks.

New found allies
“Suddenly we find allies. But we think you are cowardly to not include also Stora Middelgrund and Röde Bank. They want to place 110 large wind mills, so there protection is truly needed!”

“We shall and we must protect the shallow banks and the refuges that exist there. Then perhaps we can even get the wolffish back”

If managed well, according to Viking Bangtsson, the banks could be excellent areas for basket fishing for lobster. Today there is a large scale Danish fishing with small mesh bottom set nets there.

“But this is a typical fishing area and fisheries there must be restructured. It is here, in Kattegatt, where the possibilities for big lobster and crab fisheries exist.”

“As far as trawling on the banks is concerned, this is something that has not been occurring for a long time,” Viking said. “From the fishermen’s side we want a total stop of both trawling and set nets on areas more shallow then 20 meters.”

“Among the anglers it is popular to fish on the wrecks and the 250 or so that are in Kattegatt are full of ghost nets that continue to fish. Our position is that there should be no west nets closer than 200 meters to the wrecks.”

Further Viking developed an idea for a research station in Halland that can map out and conduct a thorough inventory of Kattegatt.

Destroyed popular past time
The anglers also had a representative on the speaker’s list. Bo Hall, who has been an angler for 30 years, was hard against commercial fishermen and in principle blamed the whole decline on the corps.

“Today it is a real catastrophe, and the Swedish people were robbed of a popular past time”

Close certain areas, check where the fish’s favorite areas are, and close them, was Bo Hall’s recipe. In the following general discussion, commercial fisherman Ante Axelsson from Bua went up to the podium. He told that he was a fisherman in the 4h generation, and has been fishing for 50 years. He wanted to know where, exactly, Greenpeace planned to place stones.

No bottom trawling
“During all of my years I have never seen anyone bottom trawl on the reef. There is no fish there any way. You can put as many stones as you want on the reef, but not on the clean bottom around. We need that for our fishing! Just be careful, if a fisherman gets a stone like that in a trawl, it can be a serious accident…According to Viking Bangtsson the issue is to improve the refuges on the banks to improve the already existing refuges by placing stone blocks there.

“Noone is so stupid as too trawl among the stone blocks”

“Fisheries management has failed catastrophically” said Staffan danielsson. “This is why there are so few commercial fishermen left. It is a big political failure, and we should not pit different user groups against each other!”

“We have tried to get media to “bite” when we went out with our policy program, but it was deathly quiet, stated Viking Bengtsson. Now when Greenpeace came, it was actually like a gift from above. Even if we don’t have “stone throwing” on our program, well we can fix it if it’s necessary…It’s simply great!”

The meeting finished in a joint feeling of a need to continue and deepen cooperatiojn between Greenpeace and commercial fishermen.

“I believe,” said Staffan Danielsson,” that here is a historic opportunity for a joint understanding that is unique in a European perspective. Maybe even in the world…”

Article in Yrkesfiskarna 3, 2009
www.yrkesfiskarna.se