Jonathan Bellany, with an address in Aberdeenshire, United Kingdom, appeared before Cork Circuit Criminal Court on the 30th of May, 2024, and confirmed guilty pleas to charges for offences of failing to retain onboard catches of sea-fish subject of catch limits, failure to record legal discards of catches and failure to have a completed stowage plan describing the location of catches stored onboard the United Kingdom registered vessel Andromeda. The Court convicted Mr Bellany and imposed fines totalling €17, 500 for the charges and ordered forfeiture of €26, 888.56 from the value of the catch and gear onboard.
The charges arose from an inspection by officers attached to the European Fisheries Control Agency (EFCA) patrol vessel “Ocean Guardian” in the waters of the Irish exclusive economic zone on the 20th of May, 2024. The detention was coordinated by officers onboard the Ocean Guardian, SFPA sea-fisheries protection officers and An Garda Síochána.
The Court heard evidence that during the course of an inspection onboard the vessel, officers observed crew members sorting catch of sea-fish on a conveyor belt and segregated certain catches by species and size which were discharged through a funnel device back into the sea. The Court heard that over the course of 30 minutes, officers observed approximately 30-50kgs of catch, including Hake, Megrims, Haddock, being discarded in this manner. The Court also heard that all catches should have been recorded on a daily basis.
Evidence was given that the recording requirements and quotas are specifically important regarding quota species in order to preserve the survivability of stocks and prevent the collapse of stocks in particular fishing areas, by ensuring accurate, scientific data is available for the purposes of setting quotas.
A sea-fisheries protection officer’s view was that the crew had a lack of training and knowledge of the legal requirements. It was stated that the master is responsible for what occurs on the vessel.
The court also heard how the master did not have a stowage plan onboard the vessel in relation to the catch onboard.
In giving its decision, the Court remarked that the legal requirements must be taken seriously to assess quotas and “for the efficient regulation of fishing and so that stocks are regulated and monitored”.
An SFPA spokesperson commented:
“The SFPA notes the important decision of the court and the seriousness attached to the contraventions detected. The landing obligation and recording requirements are key tools to ensuring the sustainability of species and future fishing activity by fishing communities. Failure to comply with the landing obligation, engaging in illegal discarding, failing to record catches and any legal discards undermines the sustainability of sea-fisheries having regard to adverse impact on the survivability and sustainability of fish stocks, including by the discarding of dead juvenile catches back to the sea. An accurate assessment of the health of stocks is informed by data recorded by masters and operators, including of any legal discards, required under national and EU legislation. The case also raises important awareness of the need to ensure ongoing compliance with the stowage plan requirements, in order to ensure catch onboard can be identified, during fishing trips and the seriousness of failing to do so. The SFPA highly commends the officers involved in this investigation and the cooperation between the EFCA patrol officials, Sea-Fisheries Protection Officers and An Garda Síochána.”
Ends
Note to Editor
Landing Obligation
The landing obligation is the requirement to bring onboard, retain onboard, land and record species of sea-fish the subject of catch limits (quotas). Such catches are counted against quota except where an exemption under law allows for a legal discard of certain catches.
Stowage plan
A stowage plan describes the location, in the storage holds onboard vessels, of the different species of demersal stocks which are subject to a multiannual plan.v