THE High Court yesterday upheld a 1994 decision of the Minister for the Marine prohibiting salmon and sea trout driftnet fishing within a number of designated "sanctuary" areas off the west coast of Ireland.
The controversial by law had granted a limited concession to small boats which related only to coastal areas outside the sanctuaries.
Mr Justice Murphy said he would prefer to see the problem examined in a statutory inquiry to satisfy public interest but also to enable a court to review the particular evidence on which the ministerial decisions were made if that became necessary. Hopefully, it would not arise.
In his reserved judgment, Mr Justice Murphy said the only power of the court was to confirm or annul the by laws in questions.
They had to be upheld or rejected in their entirety. He took the view the 1994 by law could and should be confirmed as an emergency measure.
He was not saying that a similar measure enacted in the following years would necessarily be invalid but with the passage of time it would be more difficult to justify such measures.
He accepted as a fact there had been a collapse in the sea trout catch in the late 1980s and that there had been a serious reduction in the national and regional salmon catch, particularly in the years 1990 and 1991.
He had no doubt these circumstances warranted the Minister introducing the by law which was designed to protect the fishing in the area.
The percentage of salmon taken by driftnet fishing nationally as against that taken by driftnet fishing had increased enormously and there had been good logic and good sense in restricting the driftnet fishermen as an emergency measure.
The judgment arose out of an appeal by Co Mayo fisherman, Mr John Needham, of Old Head, Louisburgh, against the 1994 Galway, Connemara and Ballinakill district by law. His claim was against the Western Regional Fisheries Board and the Minister.
Mr Justice Murphy said the by law came into operation on July 11th, 1994 and ceased to nave effect on December 31st, 1994. It prohibited the use or attempt to use in fishing for salmon or trout any driftnet in this part of the designated areas referred to as "the sanctuaries".
Mr Justice Murphy said opposition to driftnet fishing was based in part on the economic advantages which commentators and witnesses believed flowed from rod and line fishing, particularly in conjunction with the tourist industry.
He said there was a widely held view that driftnet fishing should be abolished or phased out. In most cases where this proposal was made, it was accompanied by the recommendation that the driftnet fishermen should be compensated.
While this was the view expressed by many and recorded as the official programme of the Western Region Fisheries Board, he accepted evidence that it was not the Department's policy to either phase out or abolish driftnets.
If the position were otherwise and the Minister sought, under the guise of temporary and emergency legislation to terminate driftnet fishing .. . that would constitute an abuse of his powers.