mackerel catches. (Photo: YouTube / Txema5)
Justice favors Asturias and nullifies sharing mackerel quota
SPAIN
Friday, May 06, 2016, 23:00 (GMT + 9)
The Superior Tribunal of Justice (TSJ) in Madrid has given reason to Asturias in their demands for the distribution of the mackerel quota, decision involving the third sentence favorable to regional fisheries sector in contentious promoted by the Principality.
The TSJ of Madrid decided to annul the decision of the Ministry of Agriculture established the opening of the mackerel fishery in 2015 and fixed provincial quotas in the case of Asturias, suppose a penalty of 462,955 kilos for the alleged overfishing in 2014.
That measure the meager share that corresponded to the Asturian fleet as a result of an asymmetric distribution based on a misreading of the historical alleged rights in this fishery is added.
The Ministry of Rural Development understood then that the ministry’s decision seriously harmed the interests of the fishermen community. In addition, in its application to the courts he argued that the draft resolution submitted to the hearing process, its content did not agree with the final decision.
This draft referred only to the date of the coast, while the final resolution fixed the initial quota allocation and adapted.
In the case of Asturias, its share was adjusted downward as a result of the “penalty for overfishing”. Apart from the omission of the oral hearing, Asturias argued lack of motivation and relevant reports.
The Executive of the Principality explained to the court that this resolution had no legal competence, since the distribution of quotas by provinces is made by a ministerial order and that also violated the principles of hierarchy and nonderogability singular of the regulations.
He also submitted that the overfished provinces are offset quotas others in the same region, which is impossible in a uniprovincial community as Asturias, which converts the penalty arbitrary.
The judgment of the Supreme Court of Madrid issued on April 20, now considered “obvious” lack of motivation of the ministerial resolution, so it does not fall to examine the other grounds of appeal.
Thus the appeal is partly nullifying regarding the provincial quota allocated to the Asturian fleet. Against this sentence it is appeal to the Supreme Court within ten days.
Once it is signed, the judgment opens the door to possible financial claim against the central government of the fleet of other gear other than trawl and purse seine for liability.
This is the third judgment favorable to the interests of the fishing sector in regional disputes promoted by the Government of the Principality.
The Asturian Government considers that the reiteration of the reasons which led to these three sentences begins to show a serious awkwardness and lack of administrative rigor, directly imputable to the Secretary General of Fisheries, or persecution the Executive of the Principality and the Asturian fleet, suspicions are not mutually exclusive.
The Ministry of Rural Development estimates that a matter of this gravity should force Isabel García Tejerina minister who replaces próximamente–or solve a distribution system that has left satisfied only to fleets they have been clearly favored and has focused on other economic ruin for lack of activity, as is the case of Asturias and Galicia.
editorial@fis.com
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