THE Jersey Fishermen’s Association and fishing companies from south-west England have still to decide whether to pursue compensation claims as a result of an illegal States decision. If they do, it is feared that Guernsey taxpayers could be forced to pay out hundreds of thousands of pounds.
Four years ago it was decreed that Jersey and UK fishermen would be prevented from working without a licence within the island’s three-to-12-mile limit.
But in a historic judgement in the summer, the Lords of the Judicial Committee of the Privy Council in Downing Street ruled that The Sea Fish Licensing (Guernsey) Ordinance 2003 was and is invalid in relation to the three-to-12-mile belt.
The peers deemed the law was valid for the three-mile one around the Bailiwick, but the ruling has meant that Jersey and UK vessels can fish within the three-to-12-mile limit.
Guernsey fishermen fear a decimation of stocks by larger UK boats and claim this is already starting to happen.
It is understood that no claims for losses have yet been lodged by any individual companies or fishermen. But it is known that some are considering doing so - although it may take further time to establish the extent of the losses.
They are waiting first to recover costs from the States as a result of the ruling, which is being pursued.
‘I understand Guernsey and the UK ‘authorities’ are in some discussions. We are now going through the process of recovering costs. I understand a percentage of the costs has been agreed between Guernsey and Jersey,’ said Mike Taylor, chairman of the Jersey Fishermen’s Association.
‘I think they are going to have to work out the costs in each court. It would be good getting a result so everybody knows where they stand.’
He believes Advocate Gordon Dawes is currently preparing papers on this on behalf of Jersey and UK fishing appellants.
‘The people over here ‘who are’ thinking of claiming compensation realise a lot of work has to go into establishing losses - I know one or two people have been thinking about it,’ he said.
The Environment Department has expressed concern over the impact of the decision, which means Guernsey cannot stop Jersey and UK vessels fishing in Bailiwick waters.
‘We would like to get a reasonable agreement with Guernsey. There were some people who were worried about an armada of boats charging down to Guernsey if we won the case,’ said Mr Taylor.
‘We are not causing any problems and there are only a few Jersey boats and a few strings of pots. I think we share Guernsey’s worries about big UK boats and they should not be allowed in Guernsey waters, especially if they do not have any track record or history.’
He has offered to meet Guernsey Fishermen’s Association president Peter Munro and Guernsey fishing representatives if they believe it could be productive.
Jersey fisherman Andrew de la Haye said: ‘I believe nothing has been paid out from the Guernsey States and it’s all in the hands of the lawyers. It’s not a five-minute job.’
He said he is ‘not 100% sure’ yet whether he will make a compensation claim.
‘We are waiting for other results first,’ he confirmed.
Article posted on 24th October, 2007 - 12.00am
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