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Fisheries authority entitled to require quayside weighing despite unsatisfactory facilities and industry objections
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The Court of Appeal dismissed the appellants’ challenge to a fisheries authority’s decision requiring quayside weighing of a pelagic fish catch, affirming the High Court's earlier decision. The appellants contended that, due to an approved EU derogation, weighing should have occurred at a remote facility, especially since the available quayside facilities were inadequate and affected catch quality. However, following a ruling from the Court of Justice of the European Union, the Court of Appeal concluded the authority maintained the right to insist on quayside weighing, even during periods when facilities were not optimal. The Court found no unreasonableness in the authority’s actions and rejected arguments that unsatisfactory facilities should have restricted its statutory inspection powers. The appeal was therefore dismissed, with provisional costs awarded against the appellants.
quayside weighing – fisheries inspection – fish catch – sea fisheries protection authority – pelagic species – control plan derogation – EU law – reasonableness of authority actions – inspection powers – powers of statutory authorities – Court of Justice of the European Union – Rules of the Superior Courts (RSC) – Sea Fisheries and Maritime Jurisdiction Act 2006 – costs – dismissal of appeal
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