E&J Shellfish Limited, one of its directors and skipper of its fishing vessel have been sentenced for fisheries offences North Shields Magistrates Court in a case brought by the Marine Management Organisation (MMO).
E&J Shellfish Limited, which owned the vessel Catatonia, company director Ewan Inglis and skipper of the vessel Chris Ferguson were ordered to pay a total of over £75,000 by the court, which heard how sales notes showed that between January and September 2017 Catatonia made 31 fishing trips when the vessel did not have a valid licence from the MMO for commercial fishing.
The MMO provided advice to E&J Shellfish Limited on completing the necessary paperwork prior to and after the transfer of the vessel to their ownership in January 2017. 18 of the fishing trips made without a licence were after the MMO had sent a letter to the vessel owners making it clear that it was unlicensed and that using it to undertake commercial fishing would be an offence.
As a result of the trips 18,458kg of razor clams were landed with a total value of £103,979.50.
The offences arose under sections 4 and 12 of the Sea Fish Conservation Act 1967 (“the Act”) and Regulation 3 Sea Fish Licensing (England) Order 2015. The Act provides for directors of companies to also be found liable for offences.
E&J Shellfish Limited, Ewan Inglis and Chris Ferguson all pleaded guilty in court.
E&J Shellfish Limited was ordered to pay a total of £65,010 – a fine of £12,000 plus a further £50,000 in respect of the value of the fish, plus a victim surcharge of £170 and costs of £2840.00. Ewan Inglis was fined £9850 plus a victim surcharge of £170 and Chris Ferguson was fined £383 and order to pay a victim surcharge of £38.
The vessel later became licensed in November 2017 after the owners completed the relevant paperwork and took the necessary steps for a fishing vessel licence to be issued.
‘Commercial fishing by English fishing vessels, wherever they may be, is only permitted under the authority of a licence issued by the Marine Management Organisation,’ said an MMO spokesman.
‘The outcome of this enforcement action shows that the MMO can detect non-compliance with legal requirements by carrying out cross-checks of information such as sales notes. We’re pleased the Magistrates recognised that undermining the regulatory regime is a serious matter.’
