The London Fisheries Convention deals primarily with the right of a number of countries to fish in each other's 6 to 12 mile fishing zones based on historic fishing activity. Most of these rights were later incorporated into the Common Fisheries Policy.
The Convention allowed that each Coastal State could assert exclusive fishing rights within 6 nautical miles from its baselines (Article 2) but also provided for Voisinage or neighbourhood arrangements (Article 9).
One such arrangement allowed reciprocal access for vessels from North and South each other’s 6 nautical mile limit. The Common Fisheries Policy (Article 5 of Regulation 1380/2013) provides for the continuation of such neighbourhood arrangements.
In light of the Supreme Court judgment, fishing by Northern Ireland vessels in Irish territorial waters is not currently provided for in domestic law. The application of the judgment is to all fishing by Northern Irish fishing vessels in the 0-6nm zone relying on the Voisinage Arrangements; fishing activities which have a legal basis (reliant on access arrangements to Ireland’s 6-12nm zone in the EU Regulation 1380/2013) are not affected.
The Supreme Court upheld the High Court finding that the Voisinage arrangements are not invalid but that, as it stands, there is insufficient provision in domestic law for them.
Access for Vessels to the Irish 6 to 12 nautical mile zone
Country
|
Geographical Area
|
Species
|
France
|
Erris Head north-west
Sybil Point west
|
Demersal
Nephrops
|
Mizen Head south Stags south
|
Demersal
Nephrops
Mackerel
|
|
Stags south
Cork south
|
Demersal
Nephrops
Mackerel
Herring
|
|
Cork south,
Carnsore Point south
|
All species
|
|
Carnsore Point south, Haulbowline south-east
|
All species except shellfish
|
|
United Kingdom
|
Mine Head south
Hook Point
|
Demersal
Herring
Mackerel
|
Hook Point
Carlingford Lough
|
Demersal
Herring
Mackerel
Nephrops
Scallops
|
|
The Netherlands
|
Stags south
Carnsore Point south
|
Herring
Mackerel
|
Germany
|
Old Head of Kinsale south
Carnsore Point south
|
Herring
|
Cork south
Carnsore Point south
|
Mackerel
|
|
Belgium
|
Cork south
Carnsore Point south
|
Demersal
|
Wicklow Head east Carlingford Lough south-east
|
Demersal
|
|
Access for Ireland to the UK 6-12nm zone
|
|
Geographical area
|
Species
|
Point Lynas north Mull of Galloway south
|
Demersal
Nephrops
|
Mull of Oa west Barra Head west
|
Demersal
Nephrops
|
Port Stewart South Cranfield Point North
|
All species
|
Jurby Head
Chicken Rock
|
Herring
|
Point of Ayre
Chicken Rock
|
Demersal
Nephrops
|