The Court of Appeal yesterday (12), restrained the Director General of Fisheries, from implementing a regulation, pertaining to the landing of fish, caught outside Sri Lankan waters in Sri Lankan harbours. The order is valid till August 26, 2008.

The regulation gazetted last month, by the Ministry of Fisheries and Natural Resources prohibits landing of fish taken outside Sri Lankan water, in any commercial or fisheries harbour, without the authority of the Director General of Fisheries.

The regulation stipulates that 25 percent of the total tonnage of the fish landed at any fisheries or Commercial Harbour, should be sold to the Fisheries Corporation of Sri Lanka, at a reasonable rate. The regulation imposed in July, 2008, affects the BOI approved fisheries projects only. The petitioner company Bon Bridge Fisheries Pvt. Limited had said that the Managing Director of the Company John Zheng and Director. Mrs. A. M. Wijesekera had protested to the Director General of Fisheries against the regulation. The company earned Rs. 70 million per year in foreign exchange.

The regulation caused impediments to the petitioner’s business. The regulation is unreasonable and mala-fide. The petitioner requested this regulation to be quashed by Court.

The respondents, the Minister of Fisheries, the Director General Fisheries, the Sri Lanka Ports Authority, the Sri Lanka Fisheries Corporation, and connected respondents were noticed to appear in Court, on August 26, 2008.

The petition was supported by Faiz Mustapha, P.C.

Samararathne Associates are instructing Attorneys in this application.