Ministry of Agriculture: The Bulgarian fishermen from the vessels detained in Romania have not violated the laws

There is still no official document from Romania explaining why the 3 Bulgarian fishing vessels were detained near the Romanian city of Constanta, caretaker Deputy Minister of Agriculture Georgi Sabev said on March 27 after a meeting with the owners of the ships and the director of the Executive Agency for Fisheries and Aquaculture. According to unofficial information, charges have been brought against the three ship owners.

The Ministry of Agriculture believes that the Bulgarian fishermen did not violate the law because they were fishing 50 miles out at sea, which is a water area of the entire European Union and where Romanian fishing restrictions do not apply.

"The subject of this inspection were 5 Bulgarian vessels, three of which were detained in Romania, the findings we are aware, show that there were species of turbot and Black Sea spiny dogfish on board these vessels," said Georgi Sabev, caretaker Deputy Minister of Agriculture.

It is the shark that is most likely the reason for the detention of the Bulgarian fishermen, because between 15 March and 15 April its catch is banned in Romania.

"Rather, they blame the shark, because the vessels without shark are not detained, and those with a small amount of shark, 6 on one, 20 on the other, they were detained. Now the people are on Bulgarian land, they have been released, but that's where our business is," said Plamen Panayotov, a ship owner.

Ships can remain in Romania for a year, so people are very worried about their jobs and their future. They say this is condemning them to starvation.

"One year of ship detention for me means the bank taking the house and my children will be on the street. I don't know what they are charging me with, but I know what they confiscated. They confiscated my turbot and my shark," said Krasimir Petrov, the owner of two of the ships.

The Executive Agency for Fisheries and Aquaculture said it would fully cooperate with the Bulgarian fishermen.

"We have sent an official request to the Romanian authorities, if we do not receive the case documents within 7 days we will send a second request," said Assoc. Prof. Vanya Stamatova, Още от БНТExecutive Director of agency.

The Agriculture Ministry recalled a similar case from more than 10 years ago. Back then, a Bulgarian fishing vessel was illegally detained in Romania. The European Court of Human Rights in Strasbourg confirmed this with a decision only a few months ago.

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The three Bulgarian ships continue to be detained at the port of Constanta. The Executive Fisheries and Aquaculture Agency (EFAA) and the Ministry of Agriculture and other relevant authorities, have not yet received an official document stating on what grounds they are detained. This emerged after a meeting at the Ministry of Agriculture with representatives of fishermen groups and all parties involved in the case.

Caretaker Deputy Minister of Agriculture Georgi Sabev said that a legal document was pending, on the basis of which it should be decided what steps should be taken by the parties concerned. There is only unofficial information, received in the form of a reply to the letter sent by the Foreign Ministry, according to which charges have been brought against the owners of these ships, but this information lacks a legal basis. There is no reference either to Romanian national legislation or to European legislation.

According to the Ministry of Agriculture's assessment, the Bulgarian vessels were legally operating in EU Community waters in the Black Sea, Sabev said.

This case is not a precedent. More than 11 years ago, there was a similar situation when a Bulgarian fishing vessel was detained and the Court of Human Rights issued a ruling last year according to which the Romanian side had unlawfully denied the vessel the opportunity to operate in the Black Sea. Sabev hopes this will not be the case.

There are reports of seizures of fish stocks and inventory from the vessels detained in Constanta. The good news is that the captains of these ships are now in Bulgaria.

A prosecutor's inquiry is currently under way without specifics, but it not clear on the basis of which legislation it is being established. There has been no information for 72 hours on what grounds the Bulgarian fishing vessels have been detained.

What exactly happened?

The Bulgarian fishing vessels were carrying out a "fishing" activity in the exclusive economic zone of Romania, in accordance with the powers granted by European legislation. A joint inspection between Bulgarian inspectors from EAFA and experts from the Romanian institution was planned for the period 21-24 March.

At the last moment, instructions were given to change the main task, namely an inspection in the maritime space and at a distance of more than 50 miles from the Romanian coastline. 5 Bulgarian ships were inspected. Three of which were detained in Romania.

The findings show that there were two species of fish on board these vessels - turbot and Black Sea spiny dogfish. Turbot and sprat are the only species for which there is a catch limit under European legislation, divided between Bulgaria and Romania. Romania has national legislation that introduces additional restrictive measures. There were quantities of both species on board, but the fishing activity of these vessels took place outside the 12-mile zone, which is the territorial waters of Romania. That is to say, the Bulgarian vessels were carrying out a legal activity that is permitted by European legislation. Catching turbot is not currently prohibited.

EAFA Executive Director Vanya Stamatova said that an official request has been sent by the Romanian authorities to send all documents on the case, but none have been received so far. A seven-day period is awaited to resend the request. She assured that the fishermen can fully rely on the support of the Bulgarian administration and especially of EAFA. Once again she apologised to the fishermen, saying that she had not called them "poachers". They no longer want her resignation.

Captain Krassimir Petrov, owner of two of the detained vessels, said that is important to take back the vessels, otherwise they would go bankrupt.

The fishing vessels were detained on Thursday evening with the motive of illegally catching sharks. The Bulgarian fishermen returned without charges, but their vessels remained in port in Constanta. There are still no specifics as to whether and what sanction will eventually be imposed on them. According to the defence lawyer of one of the captains, the maximum penalty for illegal fishing in Romania is BGN 100 000.

Yesterday, March 26, Deputy Agriculture Minister Georgi Sabev made it clear that the Bulgarian institutions are not sure whether the detention of the Bulgarian vessels in the port of Constanta is legal. The reason for this is that there is still no official act on the basis of which the fishing vessels remain detained by the Romanian authorities.

The fishermen were released on Saturday after they were interviewed. They said they had complied with EC fishing rules, which give them the right to fish where they were detained - 52 nautical miles off the Romanian coast, which is outside the territorial waters of Bulgaria’s northern neighbour.

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