Wednesday, 14 June 2017

Irish high court grants salmon farming licence against minister’s decision

https://www.undercurrentnews.com/2017/06/14/irish-high-court-grants-salmon-farming-licence-against-ministers-decision/

Murphy’s Irish Seafood, a company operating fish farms and hatcheries in Bantry Bay, Ireland, has successfully brought an application for judicial review -- quashing the decision of the minister for agriculture, food and the marine to revoke their licence, Irish Legal News reported.

Justice Marie Baker found that the impugned decision had not been made within the statutory time limit, and that the notice of this revocation did not contain a sufficient statement of the grounds on which the minister was considering to enable representations.

The application for judicial review related to the purported termination of the aquaculture licence held by Murphy’s for an adult salmon site and a smolt site.

Aftermath of storm in 2014

Following a catastrophic storm of hurricane force in February 2014, most of the fish stock -- amounting in total to 235,000 fish -- and almost all of the aquaculture equipment on the site was destroyed.

Since that time, the damaged cages and equipment had been removed, and one cage remaining has been upgraded; the court heard that there were no fish on site at the time of the hearing.

The damage caused by the storm was such that Murphy’s became technically in breach of the conditions of its licence.

In July 2014 Murphy’s reached an agreement to facilitate the ongoing operation of the aquaculture process. The agreement provided for submission, on or before July 31 2014, of a maintenance and recording program in accordance with a Norwegian standard.