SKIPPER CHALLENGES UK HERRING RULES
A SHETLAND skipper is awaiting the outcome of a court ruling that will affect similar cases and possibly force change to the herring licence regulations governing the four-degree line West of Shetland.
Skipper Arthur Stewart of the pelagic trawler Antarctic has admitted fishing in an area for which he held no licence and also to falsifying his log book, however, his plea is that the law itself is illegal.
A decision will by made in Lerwick by Sheriff Colin Scott Mackenzie on Thursday 16 July. He can acquit, prosecute or pass it on to the European Court of Justice, either of which will affect the similar cases in September of the Research, the Adenia and four boats in Banff.
The UK has the lion’s share of quotas in the area and legislation is tougher than for any other country. A UK boat is compelled to return to port to pick-up a licence whereas a Dutch or French boat can continue following the fish across the four-degree line freely. East of the line, the nearest port is Lerwick, and West it is Kinlochbervie, but for a larger boat on the West it must steam to Ullapool or Stornaway. Skipper Stewart’s solicitor, Denis Yule, has pushed most strongly the fact that, under EU law, member state legislation "must not interfere unduly with normal fishing activities".
Until 1996 boats were expected to radio in their position, but then it changed to simply entering a position in the ships logbook. Last year it changed again to the current system of licences.
Mr Stewart hopes to be acquitted or to proceed with the case to the European Court, and if prosecuted he will certainly consider an appeal to the High Court. Although many fishermen are worried and feel alienated by legislation passed from the European Union to member states, in this case it could be the European Court that overturns "undue interference" by the UK government.
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