The government’s failure to appeal a court ruling that permitted foreign fishermen to fish in Maltese territorial waters will be the ruin of local fishermen and their families, the Opposition said yesterday.

Fisheries spokesman Toni Bezzina said the government’s lack of action meant the Labour Party had thrown away the protection for Maltese fishermen that the Nationalist Party had acquired in negotiations on EU membership. 

The Times of Malta last week published a court judgment that acquitted two foreign fishermen charged with illegal fishing in Maltese territorial waters. The court ruled that an EU “special fishing permit” they possessed exempted them from following Maltese law. 

The ruling has raised concerns about the impact there might be on the island’s 25-mile management zone, which was established to protect Malta’s fragile marine ecosystem.

The case dates back to June 2008, when a French-flagged fishing vessel captained by a Frenchman and owned by a Moroccan was caught fishing inside the zone in breach of the Fisheries Conservation and Management Act.

Maltese law says that “fishing by a foreign fishing vessel in the fishing waters is prohibited unless authorised by a licence granted under this Act”. Since the recent court ruling was not contested by the government, all this can now change. 

In a reaction today, the secretariat responsible for fishing said the Department of Fisheries and Aquaculture was not informed that a sitting was scheduled for the delivery of judgment nor was it informed that a judgment had been given.

It insisted that the doctrine of precedent does not apply within the Maltese legal order, and judgments given apply amongst the parties for their particular case.

"The Government remains committed to safeguard the 25 nautical miles. In fact since 2013, seven other vessels involved in illegal activities by fishing vessels within the Maltese fishing waters have been prosecuted. These included 5 non-Malta registered Community vessels, and 2 third country vessels."

The secretariat said appeals from such judgement require the exercise of discretion by the Prosecuting Police Officer through the provision of a demand in writing to the Court so that the acts of the proceeding be sent of the Attorney General in accordance with the Criminal Code.

The secretariat said the “special fishing permit” being quoted in this case refers to the allocation of a quota to the French fishing vessel to target Blue-fin tuna by the French Authorities. The waters under Malta’s jurisdiction are subject to an EU fishing effort regime whereby the capacity operating within the 25nm management zone is capped under EU law.

In order for a vessel to operate within this zone it needs to be in possession of a “special fishing permit” specifically authorising that vessel to fish in the said waters.

The French vessel did not possess this permit and should therefore not have been fishing in the waters covered by the 25nm management zone.

When in possession of adequate evidence, the Department of Fisheries and Aquaculture will continue submitting such evidence and information to the Executive Police while requesting that proceedings be initiated in line with its current policy.

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