Category: fisheries

Chagossians update – UK Human Rights Blog

Posted April 14th, 2014 in appeals, Chagos Islands, disclosure, EC law, environmental protection, fisheries, indigenous peoples, news by sally

‘The appeal is against the decision of the Divisional Court in Bancoult v. FCO (read judgment and see my post here). Mr Bancoult had said that the decision to create the MPA was flawed by having an improper purpose (to stymie the Chagossians’ claims for resettlement), by inadequate consultation, and being a breach of an EU obligation to promote the economic and social development of the islands. The Court ruled against all these claims.’

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UK Human Rights Blog, 11th April 2014

Source: www.ukhumanrightsblog.com

Sea fishing, quotas and A1P1: “no-one owns the sea” – UK Human Rights Blog

Posted July 12th, 2013 in EC law, fisheries, human rights, news, quotas by tracey

“The UK Association of Fish Producer Organisations v. Secretary of State for Environment, Food and Rural Affairs, Cranston J, 10 July 2013. Interesting alignment of parties in this challenge to Defra’s new system of allocating fish quota brought by an industry body (UKAFPO), in practice representing the larger fishing fleet – vessels over 10 metres in length – Defra was supported by Greenpeace (how often does that happen?), and by the New Under Ten Fishermen’s Association. And this was because Defra had transferred some fishing quota from the larger to the smaller fishing fleet, namely those under 10 metres in length who fish inshore waters.”

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UK Human Rights Blog, 11th July 2013

Source: www.ukhumanrightsblog.com

Fishing producers lose quota reallocation battle – BBC News

Posted July 10th, 2013 in EC law, fisheries, licensing, news by sally

“The High Court has ruled in favour of reallocating some fishing rights from big producers to small-scale fishermen.”

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BBC News, 10th July 2013

Source: www.bbc.co.uk

The Chagossian Wikileaks cable judgment, fishing rights and a dose of EU law – UK Human Rights Blog

Posted June 12th, 2013 in Chagos Islands, consultations, disclosure, EC law, environmental protection, fisheries, indigenous peoples, news by sally

“The Divisional Court has now dismissed the claim by Mr Bancoult on behalf of the Chagossian islanders. He had challenged the designation of the waters around the islands as a ‘no take’ Marine Protected Area, i.e. one which could not be fished.”

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UK Human Rights Blog, 11th June 2013

Source: www.ukhumanrightsblog.com

Chagos marine park is lawful, High Court rules – BBC News

Posted June 11th, 2013 in Chagos Islands, EC law, environmental protection, fisheries, indigenous peoples, news by tracey

“A UK government decision to create a controversial marine park in the Indian Ocean has been upheld by the High Court.”

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BBC News, 11th June 2013

Source: www.bbc.co.uk

Fish & Fish Ltd v Sea Shepherd UK and others – WLR Daily

Posted May 20th, 2013 in appeals, charities, environmental protection, fisheries, joint liability, law reports by sally

Fish & Fish Ltd v Sea Shepherd UK and others [2013] EWCA Civ 544; [2013] WLR (D) 181

“In order for a party to be liable as a joint tortfeasor by virtue of doing acts in furtherance of a common design to do acts that were tortious, it was not a requirement that the party’s acts had been an essential part of or of real significance to the commission of the tort.”

WLR Daily, 16th May 2013

Source: www.iclr.co.uk

Legal battle over who owns the fish in the sea – BBC News

Posted May 2nd, 2013 in fisheries, ministers' powers and duties, news, quotas by sally

“The High Court is being asked to make a judgement over the question of who owns the fish in the sea.”

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BBC News, 1st May 2013

Source: www.bbc.co.uk

Chagossians: Wikileaks cables not admissible in court – UK Human Rights Blog

Posted April 29th, 2013 in Chagos Islands, disclosure, evidence, fisheries, human rights, indigenous peoples, international law, judicial review, news, public interest immunity by tracey

“Bancoult v. Foreign & Commonwealth Office, Divisional Court, Richards LJ and Mitting J, 16-24 April 2013, judgment awaited. A quick update at the end of the recent judicial review on 24 April by Mr Bancoult on behalf of the Chagossian islanders, but before judgment. The challenge was to the designation of the waters around their islands as a ‘no take’ Marine Protected Area, i.e. one which could not be fished.”

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UK Human Rights Blog, 28th April 2013

Source: www.ukhumanrightsblog.com

Fish farmer Brian Dobson loses High Court compensation case – BBC News

Posted March 1st, 2013 in compensation, costs, fisheries, news by tracey

“A fish farmer who said his carp were eaten by otters has lost his £2m damages claim. Brian Dobson, 60, sued the Environment Agency after his business was ruined when an ‘otter haven’ was set up close to his fish farm near Bangor, Gwynedd.”

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BBC News, 28th February 2013

Source: www.bbc.co.uk

Britain faces UN tribunal over Chagos Islands marine reserve – The Guardian

Posted January 29th, 2013 in environmental protection, fisheries, international law, news, tribunals, United Nations by sally

“Britain’s colonial-era decision to sever an Indian Ocean archipelago from Mauritius and turn it into a US military base will have to be justified before an international tribunal – a process that could lead to the return of the islands’ exiled inhabitants.”

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The Guardian, 28th January 2013

Source: www.guardian.co.uk

Bloomsbury International Ltd and others v Department for Environment, Food and Rural Affairs (Sea Fish Industry Authority intervening) – WLR Daily

Posted June 17th, 2011 in EC law, fisheries, law reports, regulations, ultra vires by sally

Bloomsbury International Ltd and others v Department for Environment, Food and Rural Affairs (Sea Fish Industry Authority intervening) [2011] UKSC 25; [2011] WLR (D) 195

“The power conferred on the Sea Fish Industry Authority under the Fisheries Act 1981 to impose a levy in respect of sea fish and sea fish products landed in the United Kingdom extended to sea fish or parts of sea fish first brought to land outside the United Kingdom and only later imported into the United Kingdom. The levy so imposed, pursuant to the Sea Fish Industry Authority (Levy) Regulations 1995 Confirmatory Order 1996, constituted an internal tax under article 110FEU, not a charge having equivalent effect to customs duty contrary to articles 28FEU and 30FEU, and was accordingly lawful.”

WLR Daily, 15th June 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Bloomsbury International Ltd and others v Sea Fish Industry Authority and another – WLR Daily

Posted March 22nd, 2010 in appeals, fisheries, law reports, ultra vires by sally

Bloomsbury International Ltd and others v Sea Fish Industry Authority and another [2010] EWCA Civ 263; [2010] WLR (D)

“The Sea Fish Industry Authority (Levy) Regulations 1995, which empowered the Sea Fish Industry Authority to treat sea fish and sea fish products imported from a member state of the European Union as ‘landed’ in the United Kingdom for the purpose of imposing levies upon them, were ultra vires s 4 of the Fisheries Act 1981 and contravened arts 28 and 30 of the Treaty on the Functioning of the European Union (‘TFEU’).”

WLR Daily, 19th March 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Two stars of BBC’s Trawlermen series jailed in illegal fishing case – The Guardian

Posted March 23rd, 2009 in fisheries, news by sally

“Two stars of the BBC’s Trawlermen series have been jailed and fined £370,000 after they landed fish illegally.”

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The Guardian, 23rd March 2009

Source: www.guardian.co.uk

Isle of Anglesey County Council and another v Welsh Ministries and others – WLR Daily

Posted February 24th, 2009 in Crown, fisheries, law reports, ultra vires by sally

Isle of Anglesey County Council and another v Welsh Ministries and others [2009] EWCA Civ 94; [2009] WLR (D) 66

“In determining the effect of an Act of 1868 considerations of common sense and the principle of legal certainty made it permissible to take account of the subsequent history.”

WLR Daily, 23rd February 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Mussel farmers win marina appeal – BBC News

Posted February 20th, 2009 in fisheries, news by sally

“Mussel fishermen have won a high court appeal against controversial plans for a 400-berth £17m marina on Anglesey.”

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BBC News, 20th February 2009

Source: www.bbc.co.uk

Gutted! The fisherman caught faking his death – The Independent

Posted February 6th, 2009 in fisheries, fraud, news by sally

“A trawlerman who faked his own death and sent an obituary to a magazine to avoid paying fines of up to £1m for flouting fishing regulations is facing jail.”

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The Independent, 6th February 2009

Source: www.independent.co.uk

Skippers and boat owners fined £200,000 over black fish scam – The Guardian

Posted January 7th, 2009 in fines, fisheries, news, quotas by sally

“Owners and skippers of six vessels that work out of one of Britain’s most important fishing ports weretoday ordered to pay more than £200,000 for fiddling catch quotas.”

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The Guardian, 6th January 2009

Source: www.guardian.co.uk

Protection pledged for UK seas – BBC News

Posted April 4th, 2008 in environmental protection, fisheries, news by sally

“The government has published its long awaited Marine Bill, promising better protection for wildlife including a new network of nature reserves at sea.”

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BBC News, 3rd April 2008

Source: www.bbc.co.uk