Full Acquittal for Devon Scallop Fishermen

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Full Acquittal for Devon Scallop Fishermen Find us on Twitter £3.25 Join in the conversation 26 July 2018 Issue: 5422 @YourFishingNews FULL ACQUITTAL FOR DEVON TURN TO PAGE 2 FOR SCALLOP FISHERMEN THE FULL REPORT Sophy Rose – new Cygnus Cyclone 35 for Holy Island The new fast potter Sophy Rose BK 533 arrived at Holy Island recently, and is now being readied to start fishing by Sophy Rose passes Valentia skipper Jordan Richardson and crewmen Edwin Sinclair lighthouse at Cromwell Point on sea and Jamie Douglas, reports David Linkie. trials before… Sophy Rose is based on a Cygnus Cyclone 35 hull, moulded and fully fitted out by Murphy Marine Services at Valentia Island, Co Kerry, for Shaun Brigham and Richard Ward. Built to replace the Cleopatra Fisherman 33 Fulmar II BK 533, which was sold to Shetland earlier this year, Sophy Rose joins her Cyclone 35 sistership Freedom B BK 532, which Shaun Brigham and Richard Ward took delivery of three years ago. Designed for pot self-hauling and shooting through a door in the portside of the transom, Sophy Rose is 800 miles to Holy Island. built to a high level of owners’ specification, including Equipped with a Spencer Carter 1.5t pot hauler, Sophy deep stainless steel gunwale rails and bespoke working Rose is insured by Sunderland Marine. arrangements. Sophy Rose’s shellfish catches will be collected daily Powered by an Iveco Cursor C87LMTM engine, Sophy from Holy Island by DR Collin and Son of Eyemouth. … leaving Valentia Island at the start of an 800-mile delivery Rose returned a top speed of 19 knots on sea trials off the Further details of Sophy Rose will be included in Fishing passage to Holy Island. (Photos: Wendy Hutchinson) west coast of Ireland, before completing a delivery trip of News soon. • REGIONAL NEWS • REGIONAL NEWS • REGIONAL NEWS • Inshore mackerel fishery gathering momentum The inshore mackerel fishery in in northeast Scotland, with inshore mackerel were in extremely short northeast Scotland is starting to yield skippers spending more time supply, prices initially settled improved catches after a slow start, searching than fishing. Lower than at around £1.80 per kg, before reports David Linkie. average sea temperatures, following a dropping to £1-£1.20 per kg last Until last week, line-caught prolonged winter, were thought to be Thursday morning, when supplies mackerel generally proved elusive a contributory factor. from a number of smaller harbours In the opening weeks of the season, along the Moray coast, as well as most fish were caught in deeper water, locally-based boats, met reduced down to 25 fathoms, a couple of miles demand from buyers as the weekend offshore, rather than closer in. approached. With more encouraging signs of Inshore boats were given an initial seabirds feeding on the surface, better weekly quota of 15 boxes, out of the runs of good-quality fish started to annual quota of 1,000t announced appear earlier this month, when, on by the Scottish government, some mornings, 100-plus boxes were following a successful three-year sold on Fraserburgh and Peterhead pilot scheme (Fishing News, 19 fishmarkets. April). Line-caught mackerel are securing firm Following an early-season peak Further details in Fishing News Vichana running up through the weather, while prices on daily fishmarkets in northeast of £200 per box, when line-caught soon. searching for mackerel two miles off Peterhead. Scotland. 2 NEWS Visit us at fishingnews.co.uk and on Twitter @YourFishingNews 26 July 2018 Prosecution case based solely on VMS data rejected by jury Substantial legal expenses leave defendant with no option but to put scallop boat up for sale Four Devon scallop fishermen were fully acquitted in Gloucester Crown Court last week of 48 charges laid against them by Devon and Severn Inshore Fisheries Conservation Authority (DSIFCA), in a prolonged legal case in which the prosecution’s evidence was solely based on Vessel Monitoring System (VMS) data, reports David Linkie The ruling is seen as an important DSIFCA Mobile Fishing Permit ‘spot’ readings at the time of the VMS and AIS information had The scallopers benchmark for future allegations Byelaw, or operating in areas that recording – as opposed to an been calculated. This was plotted Joanna C… of fishing in prohibited areas were prohibited under the South average speed over the previous on the 310 A3-size charts that involving computer-generated Devon Trawling and Crabbing 10-minute period. were submitted in support of the VMS evidence, without any Chart provisions. Both alleged The only supporting evidence prosecution case. substantial corroborating offences under these regulatory produced by DSIFCA was that Additionally, detailed reports evidence. provisions were contrary to the both vessels carried a second provided by the prosecution’s In September 2016, 48 Seafish (Conservation) Act 1967 navigation system, Automatic expert Edwin Derriman supported charges were laid against the and/or the Marine and Coastal Identification System (AIS) – even the prosecution case. These stated owners of the scallop boats Access Act 2009, Section 163. though it was not compulsory for that, on an objective analysis of of this trial, the judge had other Joanna C BM 265, owned and In some of the areas, scalloping/ the vessels to transmit such data, the plotted positions, in his opinion commitments, and had to adjourn operated by Laura D Fishing fishing was not permitted at all; in which simply reports a vessel’s the vessels were fishing at the the trial until a date fixed in Ltd, and Golden Promise FH other areas, it was only permitted position and navigation details. time alleged. In order to deal with February 2018. 401, owned and operated by between certain set times, ie 7am DSIFCA claimed that on occasions these assertions, the defendants All parties met in Plymouth South West Trawlers Ltd. Derek to 7pm on each relevant day. when alleged illegal fishing was had to instruct their own expert, Crown Court on 19 February, Meredith was managing director It was not denied that both taking place, the AIS data was Nigel Blazeby of Blazeby Marine 2018, when the prosecuting officer of both companies. The skippers vessels were in the prohibited not transmitted. It was therefore Consultants Ltd. Mr Mander and the defence at the time of the alleged offences areas at the times alleged, but at submitted that this was a further From the outset, the defendants expert Mr Blazeby were unable were David Bickerstaff (Joanna all such times, the fishing gear was attempt to conceal illegal fishing. denied the allegations, and as a to narrow the issues. The judge C) and Derek Meredith (Golden inboard and securely stowed. The DSIFCA produced large result, the case was transferred found that, as Mr Mander was Promise). vessels were therefore dodging quantities of supporting from the Magistrates Court to both the prosecuting officer There were, initially, 48 counts and not fishing. The prosecution, documentation with alleged the Crown Court where, as in the and also DSIFCA’s independent laid against the four defendants however, set out to prove these evidence to support the counts Magistrates Court, a plea of not expert, there was a risk of an – two individuals and two allegations by examination of being laid. In particular, there were guilty to all counts was made. unfair trial. companies. The allegations were evidence in the form of the no less than 10 statements (with The case was allocated to The trial was therefore fundamentally that the vessels, at onboard VMS, which is fitted to all supporting exhibits, etc) laid by His Honour Judge Laurie QC, adjourned for the third time until the time of the alleged offending, commercial fishing boats over 12m chief prosecuting officer Matthew and directions were set out in a date in June 2018 at Gloucester were scalloping and/or fishing in length, and provides evidence Mander, as well as a further 13 December 2016. There was Crown Court before Judge within prohibited areas inside the of a vessel’s position, course, statements by individuals whose a pre-inquest hearing on 16 Laurie QC. The trial itself lasted 6nm offshore limit, over which speed and direction. Catches by evidence was submitted in February, 2016, but due to the three and a half weeks, and the DSIFCA has jurisdiction. the vessels in the periods under support. complexity and detailed nature of consisted of detailed evidence The offences related to alleged scrutiny were smaller than at Some of the evidence related the case, it was not possible to fix from Derek Meredith and David voyages between 6-18 January, other times when no breaches of to the preservation, conservation a trial date before 2 October, 2017. Bickerstaff, as well as substantial 2016 and 17-18 February, 2016. regulations were alleged. and protection of fishing However, at the commencement expert evidence from both Edwin In particular, it was alleged that From the many detailed charts resources, and emphasised the both vessels, at different times, produced, account was taken environmental impact of illegal Devon & Severn IFCA statement were either using mobile fishing of prevailing sea and weather fishing; other documents referred In response to a request from matter to trial. gear, contrary to the relevant conditions. According to DSIFCA, to the presence of reefs and/or Fishing News for a comment, “DSIFCA is leading the it was possible to compare these rock structures protruding from the a DSIFCA spokesperson said: development of vessel monitoring factors during known periods of seabed which, it was submitted, “The authority has devoted systems (VMS), which we fishing, as against alleged periods were damaged by alleged illegal considerable time and resources believe will be central to fisheries of fishing on the 48 indictments.
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