The UK Government went against scientific advice when it set maximum fishing quotas for 2024, risking the sustainability of stocks and the livelihoods of fishers, the High Court has heard.

Blue Marine Foundation is bringing legal action against Defra, saying it acted contrary to its commitments to protect the UK’s marine environment and fishing industry.

The case against Defra is focused on a determination of fishing quotas or catch limits for the year 2024, taken by the previous government in December 2023. It took a year to come to court.

“I am not sure the public knows that what has been going on is that one stock after another is allowed to be caught above scientific advice year after year to keep the fleet fishing instead of taking appropriate conservation measures,” said Charles Clover, co-founder of the Blue Marine Foundation, who was quoted in the Guardian. “We cannot believe that is consistent with the law.”

“Long term decline”

David Wolfe KC, for Blue Marine Foundation, said in written submissions for a High Court hearing on Wednesday that Defra had “slavishly” followed the outcome of these negotiations against scientific advice.

He asked the court to declare Defra’s decision on fishing quotas as unlawful “so as to inform that process in the future”.

Defra denied acting slavishly and said it had taken into account “all relevant factors” when setting the quota.

Mr Wolfe said: “The approach taken is contributing to a long-term decline in fish populations and the fishing industry itself, with declining employment and catch value.”

He continued: “Setting a higher level may bring a short-term benefit but at the expense of the long-term position.”

“Misunderstanding”

Ned Westaway, for Defra, said in written submissions the claim should be dismissed because it is “premised on a misunderstanding” and “ignores the wider international and regulatory context for the determination of fishing opportunities”.

He said: “Overall, there was no misdirection or other impropriety in following the outcome of the international negotiations in the determination which were themselves informed by a UK position that had regard to all relevant factors: fisheries objectives, JFS policies and scientific advice.”

Officials “had regard” to the scientific advice and “gave it appropriate weight”, he said, adding time constraints meant it was logical for Defra to include the result of the negotiations.

He continued: “Given negotiations until December in any given year and a determination needed before January in the following year, there is no time to carry out fresh consideration of individual fishing opportunities separate from negotiations.”

The hearing, before Mrs Justice Lang, has concluded, although judgment is not expected immediately.