Saithe misreporting prosecution
Prosecutions for misreporting Saithe catch, Newcastle magistrates court, June 2023
Misreporting catches of saithe, which had been caught to get around quota rules, cost three fishing companies and five vessel masters dearly when they appeared in court for a prosecution brought by the Marine Management Organisation.
In total the businesses 鈥� Guiding Light Ltd, Livingstone LLP and Falcon Fishing Ltd - were fined a total of 拢50,000 and ordered to pay more than 拢49,700 in additional fines equivalent to a proportion of the illegally caught hauls when they appeared at Newcastle magistrates court.
Five masters who skippered the vessels 鈥� Guiding Light H90, Guiding Star H360 and Falcon H119 - at the time of the offences were fined a total 拢3,169 for making false entries for the saithe catches in their electronic logbooks.
Each business and master admitted misreporting in their logbooks where they had caught quantities of saithe, claiming the fish in question had been hauled in ICES area 6a when it had in fact been caught in ICES area 4a.
The court was told each accused had already reached their quota limit for saithe in ICES area 4a, which was rich in saithe stocks, and were not allowed to fish for more during the trips in September and October 2019.
However, they all had quota left for 6a where saithe stocks were lower and catches were reportedly smaller.
Magistrates were told the defendants deliberately caught the fish in the area where stocks and catches were good. But they attributed the hauls to the sea zone where quota remained available but hauls were likely to be smaller and so worth considerably less at market.
The accused were found out when MMO officers checked camera footage from the vessels, which were all taking part in the Government鈥檚 Fully Documented Fisheries scheme. The video proved the vessels were not fishing at the times stated in the electronic logbook entries.
Magistrates gave all the defendants credit for making early admissions of their offending.
In mitigation, the court heard that the separation of quota between the two sea areas was regarded as artificial by many in the fishing industry and the fishing allowances for each area had been merged in 2021 to enable fishermen to fish their quota in either or both areas legally.
Guiding Light Ltd, owner of Guiding Light H90, admitted two charges of misreporting the location of part of their saithe catch during two trips in September and October 2019 in breach of the Fisheries Act 1981. The business was fined 拢20,000, had to repay the value of catch 拢31,707 and picked up costs of 拢4396.
Gavin Thain, master of the vessel for one of the trips, was fined 拢888 with an 拢89 victim surcharge. Richard Watson, master of Guiding Light H90 for the October trip, was fined 拢300 with a victim surcharge of 拢32.
Livingstone Fishing LLP, owner of Guiding Star H360, admitted two counts of misreporting the location of part of their saithe catch during two trips in September and October 2019 in breach of the Fisheries Act 1981. They were fined 拢20,000, faced costs of 拢3853 and must repay the 拢6470 value of the catch.
Barry Fenty, Master of Guiding Star H360, was fined 拢1057 and must pay a victim surcharge of 拢106 for one of the trips while Robert Smith, Master of the vessel for the second trip in October 2019, was fined 拢307 and faces a 拢32 victim surcharge.
Falcon Fishing Ltd, owner of Flacon H119, was fined 拢10,000 after admitting one charge of misreporting the location of its saithe catch on a single trip between 19 and 27 September 2019. The company also faces costs of 拢2396 and must repay the catch鈥檚 value, 拢11,577.
The vessel鈥檚 master for the trip, Rayner Sim, was fined 拢411 and faces a 拢41 victim surcharge after pleading guilty to an identical charge in breach of the Fisheries Act 1981.
After the hearing, Peter Clark, MMO鈥檚 Director of Operations, said:
We assure the quota system in English waters, alongside other fisheries regulations, to support a thriving and fair fishing industry while balancing protection for fish stocks and our marine environment.
Misreporting the location of catches to gain an advantage and generate income unlawfully undermines the whole regulatory framework and, equally importantly, disadvantages the fishers who operate within the law.
While our approach is to work with fishers to achieve compliance with regulations, this prosecution shows that we will take the appropriate action for clear and serious breaches of regulations.