On 17th March 2011 the United Kingdom Registered Fishing Vessel Reliant, BCK101, grounded on Sule Skerry to the South West of the Orkney Islands.
The vessel was heading home to Buckie after a trip dogged by bad weather, and the skipper decided to have one last haul on the way. They sailed from Kinlochbervie in the early hours of 17th March and the skipper handed over to one of the crew at around 0830 am once they were clear of Cape Wrath. He went below to have a few hours rest before shooting the gear.
David Smith was not a regular member of the crew, standing in occasionally. He admitted watching the unfolding tale of the Tsunami in Japan while not on duty. This meant that he was not getting enough sleep and as a consequence he fell asleep for a short period during which time the boat was set onto the small outcrop of Sule Skerry.
At the Sheriff Court in Kirkwall on 18thJanuary 2012, Mr Smith pleaded guilty of failing to keep a proper lookout
Mr Smith was fined a total of £1,600.
On summing up the Sheriff, Mr Graham Napier said:
The penalty cannot compensate the owner for the cost of the loss of his boat. The statutory maximum fine for a summary offence is £10,000.
I will deal with it is a first offender as it is very straightforward.
I believe the appropriate level is £2,000, discounted for an early plea of guilty to £1,600.
Mr Thomas Robinson, Area Operations Manager (Survey and Inspection), Scotland East for the MCA stated :-
This was a serious breach of the International Regulations for the Prevention of Collisions at Sea and once again reminds all fishermen of the need to ensure everyone onboard is properly rested and able to maintain a lookout at all times.
