Horse Mackerel High Court Review About Turn on Key Policy Issue

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Cast your mind back to FRAP 2015/2016 – incredibly it is still not over with appeals in the Hake Inshore Trawl and Horse Mackerel sector still to be finalised.

Peter Edwards

Recently, on 3 December 2020, the Minister agreed a court order in a High Court application by Category A existing right holders where the order inter-alia declared that the Minister’s Horse Mackerel Appeal decisions were unlawful insofar as they:

  • Introduced 30 new entrants;
  • Allocated 62% of the TAC to new entrants leaving only 35% for existing right holders (Category A);
  • Implemented the quantum allocation mechanism (as discussed later).

The order concluded by setting aside and sending back the appeal decisions in their entirety for re-decision by the Minister within 7 months.

Another Twist in the Horse Mackerel Saga

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