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Last Updated:  Tuesday, 8 April, 2003, 06:12 GMT 07:12 UK
Fisherman opposes scallop law
Scallops
Christopher Vinnicombe has fished off the Isles of Scilly for 12 years
A Cornish scallop fisherman is asking the High Court to overturn a new by-law which he claims is putting him out of business.

Christopher Vinnicombe, from Mylor Bridge, near Falmouth, has fished off the Isles of Scilly for the last 12 years but says new laws designed to protect marine life are ruining his trade.

The fishing by-law, which was passed under the Sea Fisheries Regulation Act 1966, was introduced in September last year.

Mr Vinnicombe claims the rule effectively bans him from fishing within four miles of the Isles of Scilly.

Its purpose, according to the Department of Environment, Food and Rural Affairs (Defra), is to protect the seabed from damage, to bolster current environmental legislation and prevent over-fishing.

Mr Vinnicombe's barrister, Michael Davey, said the by-law was unlawful as formal procedures were not followed.

He argued there had been "procedural unfairness" and described the decision to enforce it as "unreasonable and unjustifiable".

Mr Davey told the court that his client had suffered "serious financial consequences".

But Mr Clive Lewis, acting for Defra, said there was nothing wrong with the by-law and urged the court to dismiss the challenge.

Mr Justice Newman reserved his decision and said he would give his ruling as soon as possible.




SEE ALSO:
Reef fear over scallop dredging
07 Mar 03  |  England
Fears for shellfish industry
13 Sep 02  |  Scotland


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