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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10711
Experience:  Barrister 17 years experience
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I am a UK fishermen, the local IFCA (Inshore Fisheries Conservation

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I am a UK fishermen, the local IFCA (Inshore Fisheries Conservation Authority) who have responsibility for our waters, including enforcement of sustainability measures out to 6 nautical miles have introduced legislation by way of a bye law to force fishermen to install in every pot what are called "escape hatches" . These are in order to allow juvenile lobsters to escape from the traditional lobster/crab pots, of which we have around 700 fishing at the moment of the Yorkshire Coast.
Our problem is that although I/we are not in principle opposed to the introduction of measures to ensure sustainability of the marine life, the hatches they have introduced are of a size that allow lobsters of a commercial size i.e. over 82mm to escape. We have numerous examples of this happening under controlled conditions.
There appears to be a reluctance to admit perhaps an error in judgement on the IFCA's part in this and obviously intransigence to make a change where only lobsters smaller than the regulatory size can escape. The bye law is due to be enacted on July 1st 2016.
Can this be challenged please?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Dear Bob, the way to challenge this byelaw is by way of judicial review. Essentially, the IFCA will be given powers to pass these byelaws to safeguard juvenile lobsters. Here, because the escape hatch provided for, is too large, the IFCA are exceeding their powers to make byelaws to safeguard juvenile lobster. The IFCA powers don't permit them to prevent the fishing of adult lobster. So, in passing the byelaws they have, the IFCA have exceeded their powers and as such, the byelaws can be struck down by way of judicial review. For this, you will need to get yourself an experienced public law solicitor and a barrister who specialises in judicial review. I would advise you to get the other local fisherman to club together to pay the costs of any application for judicial review. In that way, you can get the byelaws struck down but the costs won't be prohibitive.
Expert:  Buachaill replied 1 year ago.
2. You don't have to wait until July 1st to challenge the proposed legislation. You can challenge the byelaw today and seek an injunction as part of your relief sought, preventing the coming into force of the legislation. In that way, you can prevent it coming into operation on 1st July. Then you can proceed with your judicial review application to strike the byelaws down.
Expert:  Buachaill replied 1 year ago.
3. Please Rate the answer as unless you Rate the answer your Expert will receive no payment for answering your question.
Customer: replied 1 year ago.
Thank you, ***** ***** is enlightening and have looked at the paperwork involved in to undertake request for a judicial review and the form N461 which I intend to fill in and submit. Your reply was fully explanatory thank you.
Expert:  Buachaill replied 1 year ago.
4. Best of luck with it! Please do Rate the Answer as unless you rate the answer, the expert doesn't get paid.
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