Issue link: https://maltatoday.uberflip.com/i/1211430
8 maltatoday | SUNDAY • 16 FEBRUARY 2020 MATTHEW AGIUS TUNA ranchers AJD Tuna Ltd and Fish and Fish have lost sep- arate cases against the govern- ment to stop it from setting free a number of bluefin tuna, after exceeding their quotas in 2019. The operators had caught the valuable fish with purse-seiners and intended introducing them to their farms, but were stopped by the authorities for exceeding the quota of just under 2,300 tonnes. But the court noted that the tu- na currently in cages have been in an "illegal status" since Septem- ber 2019, and that this fish could not be harvested – killed for sale and export – as this could only be done to tuna in fish farms and not in purse-seiner nets. The companies filed warrants of prohibitory injunction against the Director General of Fishing and Aquaculture asking the court to stop them "taking or ordering the taking of steps which lead to the setting free into the sea of the Bluefin Tuna," until judicial pro- ceedings under the Fishing Con- servation and Administration Act could be taken. Acting fisheries director Bjorn Callus told the court that if the fish are not released out of good will, he would be constrained to proceed with criminal action against the companies, saying he lacked the competence to have the fish released without the court's permission. Mr Justice Robert Mangion noted that this request gave the impression that the court was being asked to stop the DG from following judicial procedures as required by law. It was only during the oral argu- mentation stage, at the invitation of the court, that the plaintiffs said their request was intended at stopping the tuna being set free until other judicial proceedings are taken. The court noted that the au- thorities seemed to have been holding back from taking judicial action against the companies, be- cause of the provisional uphold- ing of the injunction. The judge observed that a plain- tiff is unable to pursue legal rem- edy if it arises in connection with his own illegal act, and that such a legal maxim applied in this case. It emerges from the proceed- ings that the competent authority was not planning to enforce the order to release the fish before court steps were taken. But the court said that even if the authorities had released the fish, the plaintiff's expectations of damages were not "an irre- mediable damage" that can only be safeguarded by the warrant of prohibitory injunction. The judge upheld the defence's arguments and declined to issue the warrant of prohibitory in- junction. magius@mediatoday.com.mt NEWS JAMES DEBONO PLANS for the proposed North Aquaculture Zone in the Sikka l-Bajda area, which will host all tuna pens in the North of Mal- ta, will bring the existing fish- farms to a smaller site closer to the Gozitan coastline. But the new minister for ag- riculture and fisheries has now asked for the suspension of the application to relocate the fish- farm outside Gozo. The temporary relocation of fish-farm zones, approved in May 2019, was located 4.5km from Mellieha, 6km from Comino and 7.6km from Qala, Gozo. According to the present plans, the new fish-farm zone will be located 4.6km from Qala and 5.7km from Mellieha. An Environment Impact As- sessment envisaging the im- pact of a fish-farm zone around Sikka l-Bajda was already pub- lished in early 2019. But according to a ministry Mega fish-farm zone 'suspended' by Anton Refalo Tuna ranchers ordered to set fish free European Agricultural Fund for Rural Development 2014-2020 PRE – ANNOUNCEMENT (Measures 4.2 and 6.4) Measure 4.2: Support for investments in processing/marketing and/or development of agricultural products The Director General of the Funds and Programmes Division, within the Parliamentary Secretariat for European Funds announces the pre-launch of the second call of measure 4.2 under the Rural Development Programme. Applications will open on Monday 24 th February 2020 and close on Thursday 30 th April 2020. Measure 4.2 'Support for investments in processing/marketing and/or development of agricultural products' has the aim to support farmers and processors in adding value to primary products or in developing new products, and/or opening up new markets. Farmers and other businesses and entities active in the agricultural and processing sectors are eligible for support under this measure. Beneficiaries will receive 50% of the total eligible project costs. Projects must result in a benefit to the local agricultural sector. This will be the last batch under the Rural Development Programme 2014-2020 unless otherwise notified by the Managing Authority. Further details on the application process will be published in due course on the websites of the Managing Authority www.eufunds.gov.mt and www.eufundsmalta.gov.mt. For more information, the Managing Authority can be contacted on rdd.meae@gov.mt or 2200 1108. Measure 6.4: Support for Investments in creation and development of non-agricultural activities The Managing Authority would like to announce that the final batch of applications under sub-Measure 6.4 will be received until the 12th June 2020. No applications will be received after this date unless otherwise notified by the Managing Authority. "The authorities seemed to have been holding back from taking judicial action against the companies, because of the provisional upholding of the injunction"