Some fishermen plan to defy the quota cuts

The Scottish Fishermen's Federation (SFF) will seek a suspension order at the Court of Session over the quota cuts due to begin on 1 February.

Some fishermen said they are prepared to break the EU limit of 15 days at sea per month and fish for 24 days.

Following a meeting in Edinburgh on Monday, SFF president Alex Smith said the deal was "totally unworkable".

Quota talks aimed at conserving stocks resulted in a deal in December which froze catches of cod and hake at 2002 levels.

The North Sea fishing fleet was told it could catch 30% more prawns and 53% more haddock but they were restricted to 15 days at sea per month.

We've agreed that we will pursue an action in the courts SSF President Alex Smith

This provoked anger within the industry and the Scottish White Fish Producers' Association vowed to defy the ban and fish for 24 days per month.

Mr Smith said lawyers had offered the federation "a very positive opinion" on the case for a legal challenge.

He said: "We've agreed that we will pursue an action in the courts with regards to the measures that were brought in on December and are due to come into effect on 1 February.

'Legal opinion'

"We are pursuing a suspension order initially, until this is properly addressed.

"The decision was based on the legal opinion we received on Friday and we will be meeting with our instructing solicitor and QC on Tuesday."

John Swinney said the industry was "staring into the abyss"

The Scottish Executive said a legal challenge could threaten its efforts to gain technical changes to the deal.

An executive spokesman said: "We hope that they have considered this carefully since it could impinge on the deal struck for UK fishermen."

Mike Park, SFF vice-president and chairman of the Scottish White Fish Producer's Association, said fishermen believed the deal in its present form would hurt the industry.

"There has been concern about this deal since it was struck in December," Mr Park said.

"And today we came to the conclusion that we have no alternative but to challenge this as a federation.

"The quota increase is a target that really cannot be achieved due to the wider impact of regime - not just the 15 days, but the complexity of adhering to the 15 days, and the areas and the operation of the permits."

'Full support'

Scottish National Party leader John Swinney said he supported the SFF's court action.

"Their legal challenge has my full support and I am sure that the overwhelming majority of Scots will back it," he said.

"We all want to see this deal ripped up and if we have to go to court to do that, then so be it."

Mr Swinney said the deal had left Scotland's fishing industry "staring into the abyss".