As part of their ongoing lawsuit to block Spain’s allowance of bottom trawling in marine protected areas, conservation NGOs Oceana and ClientEarth presented their evidence about the practice before Spain’s National High Court 19 February.
The two groups sued the Spanish government in 2024, alleging that the nation was systematically allowing commercial fishers to conduct bottom trawling in marine protected areas (MPA), which they argue is prohibited under European Union law.
“Spain is legally obliged to safeguard its marine protected areas, which is incompatible with allowing destructive fishing gear within their boundaries,” Oceana Senior Policy Advisor Michael Sealey said in a statement.
According to the conservation groups, MPAs in Spanish waters in the Atlantic and Mediterranean are home to protected species like loggerhead turtles and bottlenose dolphins; however, they also claim that the MPAs are an important tool for sustaining and recovering commercial fish stocks as well.
“Science shows that these areas are essential for ocean health,” Sealey said. “Moreover, when these zones are well conserved, they generate a spillover effect – fish populations recover within the protected area and eventually expand into waters where fishing is allowed, directly benefiting the fishing activity.”
Some scientific studies have shown the existence of an MPA can benefit surrounding commercial fisheries, though others have also claimed the benefit is questionable.
Regardless of the impact of MPAs, Oceana and ClientEarth claim Spain’s national government has issued fishing licenses for bottom trawling in MPAs in the Cantabrian Sea and the Gulf of Cádiz despite not taking management measures or conducting assessments on the impact of fishing activity on marine habitats or species. At the request of the presiding judge, the two NGOs presented their evidence on the issue at a 19 February hearing.
“This case highlights a serious anomaly: marine areas are declared protected while one of the most damaging forms of fishing is still permitted within them. Today’s appearance before the National High Court underscores the need for Spain to justify – using scientific criteria and proper impact assessments – the continued granting of bottom‑trawling licenses in marine protected areas, as well as their compatibility with Spain’s and the EU’s marine protection obligations,” said Francesco Maletto, a marine conservation lawyer at ClientEarth, in a release.
While the NGOs claim bottom trawling in MPAs is a violation of EU law, the practice has only been prohibited by a handful of member states at the national level. In 2024, Greece became the first EU nation to officially ban bottom trawling within protected areas, phasing it out by 2026.
“This historic move – a first for Europe – brings the country one step closer to ensuring that its marine protected areas can deliver the full potential of their benefits, which range from protecting biodiversity and storing carbon to boosting the tourism and fishing industries,” National Geographic Explorer in Residence and Pristine Seas Founder Enric Sala said at the time. “The ocean floor is the world’s largest carbon storehouse. Leaving the seabed undisturbed is critical to global efforts to curb the climate crisis. Countries that are serious about keeping global temperatures at bay, conserving biodiversity, and keeping their fishing industries vibrant must join Greece in ending this outdated practice in MPAs.”
The International Coalition of Fisheries Associations (ICFA) has defended bottom trawling as a sustainable activity, urging policymakers to continue allowing it if managed responsibly.
“Sustainable fishing must be recognized as part of the solution to global environmental and food challenges," ICFA Chair Ivan López Van de Veen said in 2025. “Trawling, when conducted responsibly, is indeed sustainable and an efficient method of fishing.”
The 2016 EU Deep-Sea Fisheries Regulation also prohibited bottom-contact fishing methods in vulnerable marine ecosystems in the Northeast Atlantic, and in 2022 the International Council for the Exploration of the Sea (ICES) designated 87 VMEs that were closed to bottom-contact fishing, according to the Deep Sea Conservation Coalition. Spain challenged the 2016 regulation in court, but in 2025 the European Court of Justice upheld the rule.
“The European Court has unequivocally rejected the arguments brought by Spain and the fishing industry to block further deep-sea protections,” Ecologistas en Acción Fisheries Officer Cecilia del Castillo Moro said at the time of the ruling. “We now call on the Spanish government to support the full implementation of existing EU requirements to safeguard deep sea ecosystems, key to the health of the ocean and fisheries of the future.”
“While the court ruling and legal options are still being reviewed, the decision is clear and must be respected and upheld.” European Bottom Fishing Alliance Chair Iván López said at the time. “The E.U. is a remarkable construct that has brought significant progress in fisheries management. However, it is also a system that offers limited legal avenues to challenge rules which, although legitimate, are perceived as erroneous and disproportionate. In the case of Burela’s longline fleet, catch volumes dropped by over 30 percent within just 50 days of the closure taking effect.”
