THE States acted unlawfully in approving new fishing legislation in 2003. The Jersey Fishermen’s’ Association and UK companies challenged legislation in the Royal Court that barred them from commercial fishing within Guernsey’s three- to 12-mile limit without a licence.

Lt-Bailiff Patrick Talbot QC presiding, ruled yesterday that the States had exceeded its power when passing in April last year the legislation which came into force on 1 October.

He took about 75 minutes to read his judgement after which he explained that, while the ordinance would remain in place, it no longer had any effect.

Commerce and Employment Department minister Stuart Falla said after the hearing that the board was disappointed that the court had not ruled in favour of the States.

‘However, until such time as the board members and staff at the Law Officers have had a chance to study the lengthy judgement, it is too early to say what course of action is likely to be taken,’ he said.

Responsibility for Guernsey’s fishing licensing regime rests with Commerce and Employment.

In Court, Crown Advocate Richard McMahon asked if the 2003 ordinance could be left in place but altered to apply just to the territorial waters [three miles].

The Lt-Bailiff said he was satisfied it would be wrong for him to do that.

Advocate McMahon was granted a leave to appeal and requested a stay.

Advocate Gordon Dawes argued that the fishermen’s livelihoods had been affected by the States’ decision and a stay would only harm them further.

‘It’s not as if there has been a judgement to execute,’ he said.

In denying Advocate McMahon’s request, the Lt-Bailiff said it would be unreasonable for him to grant a stay for an ordinance he had already ruled was unlawful.

Advocate Dawes said any appeal would be ‘doomed’ and he made an application for costs.

The Lt-Bailiff ordered that the States would pay the applicants’ costs on a recoverable basis.

Senior sea fisheries officer John Torode said he was ‘obviously disappointed at the outcome’.

‘It means that the licensing legislation that the department had in place to control and manage the fishery is now void.’

He said the department would now have to consider how to proceed.

Four Jersey fishermen attended yesterday’s hearing. While they were pleased with the outcome, they doubted that the matter had been finally resolved.

‘The States of Guernsey will

re-write the book and I can see us being back to square one in a year’s time,’ said charter fisherman David Nuth.

‘There are individuals out there with different cases but we all believe in the same thing. We have no axe to grind with the Guernsey fishermen but the French can come within six miles of here and I have to stay outside of the 12-mile mark. It’s cost me thousands.’

Andrew de la Haye said the whole thing had become very political.

‘There’s a lot of youngsters in the Jersey fleet and their historic rights were not even looked at,’ he said.

‘The Channel Islands seem to promote everything together but on this one they’ve been split down the middle and it seems totally political.’