Jean Chrétien Brian Tobin Earle McCurdy Lawrence E. Murray Felipe González Eduardo Serra Javier Solana Emma Bonino( European Commission) The Turbot War (known in Spain as Guerra del Fletán; French: Guerre du flétan) was an international fishing dispute and bloodless conflict between Canada and Spain (with the European Union) and their respective supporters.
[citation needed] As a self-governing colony and dominion, Newfoundland's foreign policy, just as Canada's, was established by the British government until the Statute of Westminster 1931.
Although not adopted into international law until 1982, the possibility of declaring an EEZ became a de facto reality in 1977 with the conclusion of those sections of the Third Conference negotiations relating to maritime boundary and economic control.
[citation needed] After the Canadian declaration of its 200 nautical mile EEZ in 1977, fishermen on the whole in Eastern Canada could fish unhindered out to the limit without fear of competing with foreign fleets.
Meanwhile, the annual Total Allowable Catch (TAC) was set so high that fishing mortality was double that of the stock's Maximum Sustainable Yield (MSY).
[3] During the late 1970s and the early 1980s, Canada's domestic offshore fleet grew as fishermen and fish processing companies rushed to take advantage.
By the late 1980s, smaller catches of Northern Cod were being reported along the Atlantic coast of Canada as the federal government and citizens of coastal regions in the area began to face the reality that domestic and foreign overfishing had taken its toll.
Reluctant to act because of its already-declining political popularity, the federal government was finally forced to take drastic action in 1992, and a total moratorium was declared indefinitely for the Northern Cod.
Cod had five to ten years before being caught in record numbers, but it had vanished almost overnight to the point that it was considered for endangered species protection.
To lessen the impact that its policies of permitting overfishing had exacted upon rural Newfoundlanders, the federal government swiftly created a relief program called the "Atlantic Groundfish Strategy" (TAGS) to provide short- to medium-term financial support and employment retraining for the longer term.
Despite TAGS, Newfoundland and coastal Nova Scotian communities began to experience an out-migration on a scale not seen in Canada since the prairie Dust Bowl of the 1930s.
With the wholesale rejection of the new Prime Minister Kim Campbell, the incoming Prime Minister Jean Chrétien's Liberals were going to face the ongoing wrath of voters since their entire livelihoods had been decimated as a result of decades of federal neglect and mismanagement, and their communities, property values, net worth, and way of life were declining rapidly.
In the years since the cod moratorium, federal fisheries policy makers and scientists attempted to find a replacement species that could at least reinject economic stimulus into the affected regions.
Canada was not alone in recognising the growing value of the turbot, and foreign fishing fleets operating off the 200 nautical mile EEZ were also beginning to pursue the species in increasing numbers as a response to the Northern cod moratorium.
The total reported annual catches grew steadily from 27,000 t in 1990 to 62,000 t in 1994, when the Spanish and Portuguese vessels started to explore that fishery after other stocks were closed.
On 1 March 1995, the EU Council ignored a last-minute plea from Canada and unanimously agreed to invoke the objection procedure under the NAFO agreement and to set a unilateral quota of 18,630t (69% of the TAC).
Instead, Tobin declared that on 3 March 1995, the Coastal Fisheries Protection Act regulations had been broadened to make it an offence for Spanish and Portuguese vessels to fish for turbot on the Nose and Tail of the Grand Banks.
[5] Tobin and the federal Cabinet told the DFO to demonstrate Canadian resolve on the issue by "making an example" of a European Union fishing vessel.
Armed DFO patrol vessels, Cape Roger, Leonard J. Cowley and Canadian Coast Guard ship Sir Wilfred Grenfell, intercepted and pursued Estai, which cut its weighted trawl net and fled after an initial boarding attempt.
A chase that lasted several hours ended after the Canadian Fisheries Patrol vessel Cape Roger fired a .50 calibre machine gun across the Estai's bow.
[2] The Sir Wilfred Grenfell used high-pressure fire-fighting water cannon to deter other Spanish fishing vessels from disrupting the operation.
Spain and the European Union protested vehemently, threatened boycotts against Canada, and wished to have the case heard at the International Court of Justice in The Hague, Netherlands.
The net was shipped to New York City, where Tobin called an international press conference on board a rented barge in the East River outside the United Nations headquarters.
The Spanish government asked the International Court of Justice for leave to hear a case claiming that Canada had no right to detain Estai.
These talks failed, as Spain refused to change its position, and Spanish fishing vessels subsequently returned to Grand Banks.
Negotiations ceased on 25 March, and the following day, Canadian ships cut the nets of the Portuguese trawler Pescamero Uno.
After Canada threatened to remove Spanish fishing vessels by force, the EU pressured Spain into finally reaching a settlement on 15 April.
[2] The conference in fact repeatedly rejected proposals that would have conflicted with the Law of the Sea Convention, such as provisions that would have given coastal states fishery jurisdiction beyond 200 miles.