The Federal Court has dismissed an appeal against a ban on the controversial super trawler Margiris, upholding decisions by former environment minister Tony Burke against the vessel.
Justice John Logan said it was open to the federal government to decide against the vessel, which in 2012 sought to fish in the Australian small pelagic fishery under the name Abel Tasman. The 143-metre long factory freezer trawler sought to fish for jack mackerel and redbait around south-eastern Australia before Mr Burke imposed a two-year ban on any super trawler in the fishery.
Justice Logan said there may be an element of political value judgment in decisions to prohibit the ship's nominated fishing activities.
''Within the bounds of legality, ministers of state are entitled to make such judgments,'' he said.
The government ban on super trawlers is due to expire later this year.