R v Ministry of Agriculture Fisheries & Food, Ex parte Bray - QBD (Scott Baker J) - 23 March 1999

Fisheries - Byelaw precluding vessels over specified length from fishing within 6 miles of Sussex shore - Whether ultra vires

The applicant challenged, by way of judicial review, the confirmation by the Minister of Agriculture Fisheries and Food of a byelaw made by the Sussex Sea Fisheries Committee on 18 April 1996. The byelaw purported to prohibit fishing vessels over 14 metres in length from fishing within 6 miles of the shore in the Sussex area. There was an exception which permitted fishing vessels of over 14 metres if the vessel had fished in the area before the byelaw came into force, or if such a vessel was replaced by another vessel, provided the replacement was of the same or lesser length and horsepower. The applicant had previously had two vessels which fished in the relevant area. They were replaced by one vessel which was 23.4 metres long. But it was not available to fish until about a month after the byelaw was confirmed by the Minister. The vessel was therefore outside the exemption and the applicant was accordingly unable to fish in the area with any vessel.