The High Court has found that a ban on trawling or fishing within seine nets by vessels over 18 metres in length inside the six-mile nautical limit has “no legal effect”.
Mr Justice Michael McGrath issued his judgment on foot of legal action over the ban which had been initiated by former Marine Minister Michael Creed.
The judicial review of the policy directive was taken by fishermen Tom Kennedy and Neil Minihane.
The directive was introduced by Mr Creed on March 5th, 2019, and came into force on January 1st of this year.
The directive did permit a derogation for fishing sprat within six nautical miles up to December 2021, “subject to any catch limits as may be determined by the minister from time to time”.
Irish South and West Fish Producers Organisation chief executive Patrick Murphy said that “once again, we see flawed legislation being overturned in our High Court “.
“The view of IS&WFPO members remains that only a small proportion of fishing boats in our tiny Irish fishing fleet of 165 vessels of over 18 metres in length actually fish inside of the six-mile limit,” he said, welcoming the judgment.
Mr Murphy called for a scientific evaluation to calculate the biomass of all commercial stocks within the six-mile zone.
“Until this assessment is complete, we submit that no total allowable quota figure should be set for this important fishery,” he said.