High Court rules Sea Fisheries Protection Authority has breached law

The fish-weighing system was devised in response to the Authority’s announcement it proposed to reintroduce weighing on landing for 5-7.75% of catches of pelagic fishery products landed.

The judicial review challenge was initiated by Pelagic Weighing Services Ltd (PWS) and the Killybegs Fishermen’s Organisation against the Authority.

The Sea Fisheries Protection Authority has breached national and European law in withholding approval for a new industry-owned and operated conveyor belt fish-weighing system installed at the pier side in Killybegs port, the High Court has held.

The Authority had argued it had not refused, but rather “deferred”, approval for the weighing system, known as a flowscales, last December after the European Commission informed it the use of an industry-owned, operated and maintained weighing system would not be appropriate and the system must be owned, operated and used by a public body.