Sandeels are a little sliver of life with a huge economic and ecological importance; precisely the reason they’ve found themselves at the centre of the latest wrangle between UK and EU lawmakers, upon which the future of their sustainable existence rests. 

In a first of its kind arbitration under the EU/UK Trade and Cooperation Agreement, the European Union is taking the UK’s recent decision to ban sandeel fishing in the UK’s portion of the North Sea and all Scottish waters to a tribunal.

The European Union’s aim is to reach a “mutually agreeable conclusion” that would reopen the UK’s sandeel fisheries to EU vessels, lifting a ban put in place in March this year as part of increased autonomy over the management of its waters following the UK’s departure from the EU Common Fisheries Policy in 2020.

Sandeel fishing has been underscored by the EU as a sector of marine resource management “vital to the livelihoods of its fishers.”

Small as they may be – growing on average to somewhere between 20 and 40cm in length – sandeels carry an enormous economic and ecological impact. While rarely ending up on the plate for human consumption, sandeels are most commonly used as bait and within the industrial animal feed markets. From a nutrient perspective, they contain all essential amino acids and plenty of vitamins, particularly A, D and B12 as well as being a notable source of EPA and DHA omega-3 fatty acids.

But they are also a key prey for marine and bird life, finding themselves towards the base of the food chain for the North Sea. This makes them a mainstay of an ecosystem that was once thriving with herring, dolphins, seals, bluefin tuna, halibut, and skate alongside populations of kittiwakes and puffins.

So vital are they to the health of the North Sea that in March 2024, the UK moved to permanently close its sandeel fisheries much to the delight of environmental groups across the UK and Europe. The sandeel fishery ban was part of a suite of post-Brexit measures which aimed to restore the UK marine environment from damaging fishing activities.

The EU argues that the ban is “not compatible” with the EU/UK Trade and Cooperation Agreement (TCA) which agreed to “apply evidence-based, proportionate, and non-discriminatory measures for the conservation of marine living resources.” It has therefore moved for a tribunal “to adjudicate on the compatibility” of the UK’s measures.

The UK’s proposal document for sandeel fishery closures explained that it would ‘benefit large parts of the ecosystem and increase the overall biomass of life in the North Sea and Scottish waters.’ The most significant improvement this would deliver for marine and bird life populations would include a 7% rise in seabird numbers, a 4% rise in seal populations, and a 2% increase in the number of baleen whales within the environment.

“Any decision to suspend or dilute the ban on sandeel fishing in UK waters would be a step backwards in an increasingly desperate context for the marine environment,” said Charles Clover, co-founder of the Blue Marine Foundation. 

“The act of closing the sandeel fishery has been coming for years, along with the enforcement of offshore Marine Protected Areas – in order to meet the law which the UK and EU share. That law reflects what society wants, almost certainly in the EU and the UK, rather than the wishes of a few profitable fishing interest groups.”

Many are of the opinion that sandeel stocks have been declining in recent years, despite their fishing opportunities being based on independent scientific advice from the International Council for the Exploration of the Seas (ICES); allowing for harvesting fish stocks at ‘precautionary levels.’

A lot of focus has, thus far, been placed on Danish industrial fishing. During the 18-week sandeel fishing season in 2020, approximately 238,000 tonnes of fish were landed by Danish and foreign fishing vessels in Danish ports for the country’s fishmeal industry. Over 170,000 tonnes of this was landed by Danish vessels, 39,700 tonnes by Norwegian, and 23,500 tonnes by Swedish fishing vessels. Sandeels are one of the only fish species that are processed into fishmeal and fish oil in Danish factories.

While these numbers make it easy to place a significant portion of blame for decreasing sandeel stock on the shoulders of the Danish fishing industry, it’s been quick to emphasise that all numbers stringently comply with legal provisions and catch quantities approved during the TAC.

The closure of the UK’s sandeel fisheries has come as a minor blow to this particular area of the EU economy. 

“The UK’s permanent closure of the sandeel fishery deprives EU vessels from fishing opportunities, but also impinges on basic commitments under the EU-UK Trade and Cooperation Agreement,” said Virginijus Sinkevicius, the EU’s commissioner for environment, oceans, and fisheries.

“Healthy sandeel stocks are not just vital for the delicate balance of our marine ecosystems, but also for the livelihoods of our fishers. Measures are already in place to protect this important species, including by setting catches below the scientific advised levels and closed areas for protecting seabirds.

“Therefore, any further decisions must be proportionate to the objectives and based on sound scientific evidence, particularly when it comes to managing our shared resources.”

As nuanced as the balance between economy and ecology may be, for those in the environmental sector, the answer is pretty clear cut.  

“The UK is finally tackling the root causes of ecosystem degradation at sea, in trying to return our seas to a more productive, rich state,” said the Blue Marine Foundation’s Clover. “It’s tragic to see the EU seeking to undermine the UK’s – and its own – environmental regulations.”

The arbitration is likely to be heard in early 2025.  

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