French Fisheries Law

The Legal Framework

French fisheries law is governed by the Code rural et de la pêche maritime, particularly Book IX (Pêche maritime et aquaculture marine), which transposes the EU Common Fisheries Policy (CFP) into national law. The CFP, established by Regulation 1380/2013, sets the overarching framework for fisheries management in EU waters, including conservation measures, fishing quotas, fleet capacity limits, and control and enforcement rules. French law implements and supplements the CFP through national legislation, decrees, and ministerial orders.

The Ministère de la Mer (Ministry of the Sea) has primary responsibility for fisheries policy, working with the Direction des Pêches Maritimes et de l’Aquaculture (DPMA) for policy development and the Secrétariat Général de la Mer (SGMer) for interministerial coordination. The Direction Générale des Affaires Maritimes, de la Pêche et de l’Aquaculture (DGAMPA) oversees the implementation of fisheries regulation and the management of fishing fleets.

The Common Fisheries Policy Implementation

The CFP’s core mechanism is the allocation of fishing opportunities through Total Allowable Catches (TACs) and national quotas. France receives the largest share of TACs among EU member states, reflecting its extensive coastline (including overseas territories) and the size of its fishing fleet. The national quota is distributed by the DPMA among Producer Organisations (Organisations de Producteurs, OPs) and individual vessels, applying criteria such as historical catch records, vessel size, and gear type.

The Loi de modernisation du secteur de la pêche et de l’aquaculture (Law No. 2022-217 of 21 February 2022) updated the national allocation system, introducing greater transparency in quota allocation and reinforcing the role of Producer Organisations in managing fishing opportunities collectively. The law also strengthened provisions for the transferability of fishing quotas, subject to oversight by the DPMA to prevent excessive concentration.

Quota Allocation and Management

Quotas are allocated annually by ministerial decree, setting the TACs for each species and the distribution among vessels and OPs. The system distinguishes between quotas principaux (main quotas for commercially important species) and quotas accessoires (by-catch quotas). Vessels must report catches in real time through the electronic logbook system (journal de bord électronique), and quotas are managed on a “real-time closure” basis: when a quota is exhausted, fishing for that species is prohibited by prefectural decree.

The Conseil d’État in Decision No. 450954 (2022) reviewed the legality of a quota allocation that disadvantaged small-scale coastal fishers in favour of industrial vessels. The court held that the DPMA must have regard to the environmental and social sustainability of fishing practices when allocating quotas and must justify any differential treatment between vessel categories. The decision led to the introduction of a “social and environmental bonus” in the 2023 allocation criteria.

Surveillance and Enforcement

Fisheries enforcement is carried out by the Affaires maritimes (Maritime Affairs), a service of the Direction Générale des Affaires Maritimes, de la Pêche et de l’Aquaculture. The Affaires maritimes operates a fleet of patrol vessels and conducts aerial surveillance of French waters. Enforcement officers have extensive powers: inspection of vessels, seizure of catches and gear, and detention of vessels suspected of violations.

The control system is based on Regulation 1224/2009 (the EU Fisheries Control Regulation) and the Code rural et de la pêche maritime. Infractions include: fishing without a licence, exceeding quotas, using prohibited gear, fishing in closed areas or seasons, and failing to report catches. Minor offences are dealt with by administrative penalty (amende administrative), while serious offences — including large-scale quota evasion, use of prohibited fishing methods, and obstruction of inspectors — are criminal offences punishable by fines of up to €75,000 and imprisonment of up to six months.

The Commission des Infractions de la Pêche Maritime (Fisheries Infractions Commission) is an administrative body that reviews serious violations and may recommend additional sanctions, including the suspension or withdrawal of fishing licences.

Fishing Licenses and Authorisations

All commercial fishing vessels must hold a valid fishing licence (permis de pêche), issued by the DPMA. The licence sets the vessel’s permitted fishing area, gear types, target species, and maximum fishing days. The Registre National des Navires de Pêche (National Register of Fishing Vessels) records all licenced vessels and their characteristics.

The licensing system implements the EU fleet capacity limits set by the CFP. France’s fleet capacity is capped at a maximum tonnage (GT) and engine power (kW). The registration of new vessels requires the decommissioning of equivalent capacity from the existing fleet. The Fonds Européen pour les Affaires Maritimes, la Pêche et l’Aquaculture (FEAMPA) provides EU funding for fleet modernisation, decommissioning, and the diversification of fishing activities.

Conservation Measures

Conservation measures are adopted at EU level through the CFP and supplemented by national measures. France has established Marine Protected Areas (MPAs) covering over 30% of its metropolitan waters, with fishing restrictions varying from partial gear limitations to full no-take zones. The Office Français de la Biodiversité (OFB) manages MPAs and monitors compliance with conservation rules.

Technical conservation measures — minimum landing sizes, gear specifications, by-catch reduction devices, and seasonal closures — are set by EU regulation (Regulation 2019/1241) and enforced by the Affaires maritimes. The landing obligation (obligation de débarquement), introduced by the CFP, requires fishers to land all catches of regulated species, with limited exemptions for species with high survival rates and for de minimis volumes.

Brexit Fisheries Impact

The departure of the United Kingdom from the EU had a profound impact on French fisheries. The EU-UK Trade and Cooperation Agreement (TCA, 2020) provides for a five-and-a-half-year transition period (2021-2026) during which EU vessels continue to have access to UK waters for specific species, with quotas gradually reduced. French vessels — particularly those operating in the English Channel and the North Sea — have been significantly affected by the reduction in quota allocations and by increased regulatory complexity.

The Loi de modernisation du secteur de la pêche (2022) included compensation measures for French fishers affected by the loss of UK access, including financial support for fleet diversification and early retirement. The French government has also pursued bilateral agreements with the UK for the licensing of French vessels in UK waters, with the Affaire des licences de pêche (2021-2023) generating multiple disputes before the Tribunal administratif de Rennes concerning the legality of UK licensing requirements.