Welcome to FIS   Sponsored By
United States
Subscribe to FIS | Register with FIS | Advertise with FIS | Newsletter | About FIS | Contact us
   


Court orders two tuna farmers to set fish free

Click on the flag for more information about Malta MALTA
Friday, February 21, 2020, 08:10 (GMT + 9)

Tuna ranchers AJD Tuna Ltd and Fish and Fish have lost separate cases against the government to stop it from setting free a number of bluefin tuna, after exceeding their quotas in 2019.

The operators had caught the valuable fish with purse-seiners and intended introducing them to their farms, but were stopped by the authorities for exceeding the quota of just under 2,300 tonnes.

Photo: AJD Tuna

But the court noted that the tuna currently in cages have been in an “illegal status” since September 2019, and that this fish could not be harvested – killed for sale and export – as this could only be done to tuna in fish farms and not in purse-seiner nets.

The companies filed warrants of prohibitory injunction against the Director General of Fishing and Aquaculture asking the court to stop them “taking or ordering the taking of steps which lead to the setting free into the sea of the Bluefin Tuna,” until judicial proceedings under the Fishing Conservation and Administration Act could be taken.

Acting fisheries director Bjorn Callus told the court that if the fish are not released out of good will, he would be constrained to proceed with criminal action against the companies, saying he lacked the competence to have the fish released without the court’s permission.

The Judge Robert Mangion noted that this request gave the impression that the court was being asked to stop the DG from following judicial procedures as required by law.

It was only during the oral argumentation stage, at the invitation of the court, that the plaintiffs said their request was intended at stopping the tuna being set free until other judicial proceedings are taken.

The court noted that the authorities seemed to have been holding back from taking judicial action against the companies, because of the provisional upholding of the injunction.

The judge observed that a plaintiff is unable to pursue legal remedy if it arises in connection with his own illegal act, and that such a legal maxim applied in this case.

Photo: Fish and Fish Ltd.

It emerges from the proceedings that the competent authority was not planning to enforce the order to release the fish before court steps were taken.

But the court said that even if the authorities had released the fish, the plaintiff’s expectations of damages were not “an irremediable damage” that can only be safeguarded by the warrant of prohibitory injunction.

The judge upheld the defence’s arguments and declined to issue the warrant of prohibitory injunction.

Author:  Matthew Agius / Malta Today

editorial@fis.com
www.fis.com


 Print


Click to know how to advertise in FIS
MORE NEWS
Namibia
Mar 31, 01:10 (GMT + 9):
Samherji's Saga Seafood closes down
Iceland
Mar 31, 00:00 (GMT + 9):
Samherji: 'Markets have drastically changed in two weeks'
Chile
Mar 31, 00:00 (GMT + 9):
COVID-19: Salmon industry offers its laboratories to analyze samples
United States
Mar 31, 00:00 (GMT + 9):
Coalition praises Congress for including USD 300 million for America’s fishermen in COVID-19 stimulus package
United States
Mar 30, 08:20 (GMT + 9):
Weekly production of Alaskan pollock roe DAP | week 11
United States
Mar 30, 08:10 (GMT + 9):
Products derived from alaskan pollock and pacific cod in season A (NMFS of DAP in GOA-BSAI): surimi, fillet, roe, shirako and fishmeal | week 11
United States
Mar 30, 08:00 (GMT + 9):
Weekly production of Alaskan pollock DAP: Surimi/ Fillet/ Mince (week 11)
United States
Mar 30, 06:10 (GMT + 9):
Black cod fishing quota and catch result (longline-trawl) at GOA-BASI (partial figures March)
United States
Mar 30, 06:00 (GMT + 9):
Statistics on catches and prices of black cod (sablefish) at WOC (Partial figures March)
Iceland
Mar 30, 05:00 (GMT + 9):
Thorsteinn Már Baldvinsson returns as co-CEO of Samherji
Norway
Mar 30, 02:00 (GMT + 9):
Other Media | Kyst.no: - All my crane operators are sick, so the commander had to do the trick himself
Norway
Mar 30, 02:00 (GMT + 9):
CORONA VIRUS| Measures for fishermen: Guarantee Funds
Chile
Mar 30, 02:00 (GMT + 9):
Salmon industry reduces operations due to coronavirus pandemic
Russian Federation
Mar 30, 01:00 (GMT + 9):
In Kamchatka, hatcheries are preparing to release salmon fry (video)
Norway
Mar 30, 01:00 (GMT + 9):
11 vessels will receive Atlantic bluefin tuna quota in 2020



Lenguaje
FEATURED EVENTS
  
TOP STORIES
Coronavirus pandemic shakes up Alaska fishing industry
United States Like almost all industries and institutions across Alaska, the novel coronavirus pandemic is shaking up the fishing industry. With restrictions changing almost daily and cases spreading across the Un...
Seiyu Becomes First Retailer to Endorse BAP Certification
Japan Tokyo – Seiyu, GK (a Japanese subsidiary of Walmart Inc.) became the first retailer in Japan to introduce the Global Aquaculture Alliance's Best Aquaculture Practices (BAP) certification to...
Jack mackerel catch limit for 2020 increased
Peru Norm indicates that an additional 40,000 tons will be exclusively for fishing with artisanal vessels. Until March 20, 97.7% of the 100,000 ton-quota assigned last January had been met. The Ministry...
European South Pacific Jack mackerel fishery achieves MSC certification
Netherlands The Hague – A new milestone has been reached for sustainable jack mackerel fishing in the South Pacific. Following a 15-month assessment, the European South-Pacific Jack Mackerel Fishery was cer...
 
Maruha Nichiro Corporation
Nichirei Corporation - Headquarters
Pesquera El Golfo S.A.
Ventisqueros - Productos del Mar Ventisqueros S.A
Wärtsilä Corporation - Wartsila Group Headquarters
ITOCHU Corporation -Headquarter-
BAADER - Nordischer Maschinenbau Rud. Baader GmbH+Co.KG (Head Office)
Inmarsat plc - Global Headquarters
Marks & Spencer
Tesco PLC (Supermarket) - Headquarters
Sea Harvest Corporation (PTY) Ltd. - Group Headquarters
I&J - Irvin & Johnson Holding Company (Pty) Ltd.
AquaChile S.A. - Group Headquarters
Pesquera San Jose S.A.
Nutreco N.V. - Head Office
CNFC China National Fisheries Corporation - Group Headquarters
W. van der Zwan & Zn. B.V.
SMMI - Sunderland Marine Mutual Insurance Co., Ltd. - Headquarters
Icicle Seafoods, Inc
Starkist Seafood Co. - Headquearters
Trident Seafoods Corp.
American Seafoods Group LLC - Head Office
Marel - Group Headquarters
SalMar ASA - Group Headquarters
Sajo Industries Co., Ltd
Hansung Enterprise Co.,Ltd.
BIM - Irish Sea Fisheries Board (An Bord Iascaigh Mhara)
CEFAS - Centre for Environment, Fisheries & Aquaculture Science
COPEINCA ASA - Corporacion Pesquera Inca S.A.C.
Chun Cheng Fishery Enterprise Pte Ltd.
VASEP - Vietnam Association of Seafood Exporters & Producers
Gomes da Costa
Furuno Electric Co., Ltd. (Headquarters)
NISSUI - Nippon Suisan Kaisha, Ltd. - Group Headquarters
FAO - Food and Agriculture Organization - Fisheries and Aquaculture Department (Headquarter)
Hagoromo Foods Co., Ltd.
Koden Electronics Co., Ltd. (Headquarters)
A.P. Møller - Maersk A/S - Headquarters
BVQI - Bureau Veritas Quality International (Head Office)
UPS - United Parcel Service, Inc. - Headquarters
Brim Ltd (formerly HB Grandi Ltd) - Headquarters
Hamburg Süd Group - (Headquearters)
Armadora Pereira S.A. - Group Headquarters
NOAA - National Oceanic and Atmospheric Administration (Headquarters)
Mowi ASA (formerly Marine Harvest ASA) - Headquarters
Marubeni Europe Plc -UK-
Findus Ltd
Icom Inc. (Headquarter)
WWF Centroamerica
Oceana Group Limited
The David and Lucile Packard Foundation
Ajinomoto Co., Inc. - Headquarters
Friosur S.A. - Headquarters
Cargill, Incorporated - Global Headquarters
Benihana Inc.
Leardini Pescados Ltda
CJ Corporation  - Group Headquarters
Greenpeace International - The Netherlands | Headquarters
David Suzuki Foundation
Fisheries and Oceans Canada -Communications Branch-
Mitsui & Co.,Ltd - Headquarters
NOREBO Group (former Ocean Trawlers Group)
Natori Co., Ltd.
Carrefour Supermarket - Headquarters
FedEx Corporation - Headquarters
Cooke Inc. - Group Headquarters
AKBM - Aker BioMarine ASA
Seafood Choices Alliance -Headquarter-
Austevoll Seafood ASA
Walmart | Wal-Mart Stores, Inc. (Supermarket) - Headquarters
New Japan Radio Co.Ltd (JRC) -Head Office-
Gulfstream JSC
Marine Stewardship Council - MSC Worldwide Headquarters
Royal Dutch Shell plc (Headquarter)
Genki Sushi Co.,Ltd -Headquarter-
Iceland Pelagic ehf
AXA Assistance Argentina S.A.
Caterpillar Inc. - Headquarters
Tiger Brands Limited
SeaChoice
National Geographic Society
AmazonFresh, LLC - AmazonFresh

Copyright 1995 - 2020 Fish Info & Services Co.Ltd| All Rights Reserved.   DISCLAIMER