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Spanish fishing master convicted and fined at Donegal Circuit Criminal Court for illegal sea-fishing activity


Spanish fishing master convicted and fined at Donegal Circuit Criminal Court for illegal sea-fishing activity

Angel Ares Esteban, with an address in Spain, previously pleaded guilty at Donegal Circuit Criminal Court to a charge of having static fishing gear, in waters of the Irish Exclusive Economic Zone, in excess of the 72 hour legal time limit, in July 2020.

On the 10th of December, the Court heard evidence of an inspection onboard the German registered vessel, the “Pesorsa Dos”, by Irish Naval Service officers attached to the L.É. William Butler Yeats, when it was detected that 5 sets of fishing nets had been left in the sea for periods of up to 50 hours approximately in excess of the maximum permissible limit of 72 hours. The vessel was detained in an operation involving the Irish Naval Service, the SFPA and An Garda Síochána. There was an estimate of catch onboard to the monetary value of approximately €44,500, the Court heard.

Evidence was given that the time limits for leaving fishing gear in the water, applicable to fishing operations involving Monkfish, were important for environmental reasons, the protection of stocks of Monkfish and other species, in environmentally sensitive areas, caught in static fishing gear left beyond the permitted time limits and potentially lost.

The Court imposed a fine of €14,000 and ordered forfeiture from the value of catch and gear in the sum of €35,000.
In providing reasons for its decision, the Court found that it was a “most serious matter” and referred to the potential adverse impact on the fishery habitat and the potential “destructive effect” of non-compliance with the time-limit requirements for fishing gear soak times. The Court noted the master had a previous conviction under sea-fisheries law in Ireland.

A SFPA spokesperson commented:
“The SFPA notes the seriousness attached to this offence by the Court as expressed in its decision, sanction and forfeiture order. Monkfish fishing, along with other particular fisheries, is subject to specific measures under EU law to ensure stock recovery and sustainable fisheries for future generations. The gear soak time limit is a measure which must be strictly adhered to due to the potential damage non-compliance may cause. The SFPA commends the Sea-Fisheries Protection Officers of the SFPA and Naval Service, and An Garda Síochána, for their work on this investigation."

Ends

Note to Editor
About the SFPA
The Sea-Fisheries Protection Authority (SFPA) is the independent statutory body responsible for the regulation of the sea-fisheries and the sea-food production sectors. It promotes compliance with the EU Common Fisheries Policy, sea-fisheries law and food safety law relating to fish and fish products, verifies compliance and, where necessary, enforces it. Its mandate covers all fishing vessels operating within Ireland’s 200-mile limit, over 2,000 Irish registered fishing vessels wherever they operate, and all seafood produced in Ireland’s seafood processing companies. The SFPA operates through a network of regional port offices situated at Ireland’s main fishery harbours. For further information visit: www.sfpa.ie