JERSEY and UK fishermen could seek compensation for being barred from fishing in Guernsey waters. The sum claimed for loss of earnings could total as much as £3m.

‘It’s not blackmail, but we feel our licence applications have not been looked at in a fair and equitable way.’ said Jersey fisherman Don Thompson, who was certain that they would have a strong case.

‘One caveat is that we would drop the claims if our previous applications were looked at more favourably.’

It is understood that some claims could run into hundreds of thousands of pounds. But fishermen might have to prove differences in earnings between last year and 2004.

The Jersey Fishermen’s Association members and UK companies mounted a successful Royal Court challenge to legislation that prevented them from commercial fishing within Guernsey’s three to 12-mile limit without a licence.

Lt-Bailiff Patrick Talbot QC ruled last month that the States had exceeded its powers in passing the legislation, which came into force on 1 October.

The Commerce and Employment Department has appealed against the judgement, so the position on the three to 12-mile area is unchanged until the appeal is determined.

It also applied for an order that the 2003 Ordinance should be regarded as valid for the island’s three-mile limit pending the full hearing later this year. The court agreed to it.

Effectively, this meant that any British vessel wishing to fish within the three-mile limit off Guernsey, Alderney or Sark must hold a licence issued by the department.

‘It takes away some valuable and productive traditional fishing grounds for us. There are three or four boats that have a good track record of making a livelihood in these areas,’ said Mr Thompson.

‘We feel that if the good claims for licences had been looked at a bit more carefully and fairly originally, we would not have even challenged the ordinance. But we are left with the feeling to fight on, especially given the latest ruling.’

Commerce and Employment minister Deputy Stuart Falla and Jersey’s Economic Development Committee president Senator Gerard Voisin are understood to be due to meet early next week in an attempt to reach a workable solution for both islands.

‘A lot of the Guernsey fishermen are waiting to see the outcome of the appeal and whether or not the licence they have been made to buy is necessary,’ said Guernsey Fishermen’s Association president Peter Munro.

He said they paid between £10,000 and £50,000 each for a licence.