The Master of a fishing vessel, Johnny Walsh, from Kinsale, County Cork, pleaded guilty at Bandon District Court on the 19th of May 2024 to four charges relating to breaches of sea-fisheries law, namely the non-compliant use of below minimum mesh size while fishing for Norway lobster (Nephrops norvegicus), failure to retain a stowage plan and a certified capacity plan, and failure to having an operating Automatic Identification System (AIS) on board. The offences were detected during an at-sea inspection onboard the vessel “Naomh Peadar II”, in the Celtic Sea, by officers on board the European Fisheries Control Agency (EFCA) patrol vessel “Ocean Guardian”. The vessel was detained in an operation involving Sea-Fisheries Protection Officers of the SFPA and An Garda Síochána on the 17th and 18th of May. Fines totalling €4,000 were imposed with 14 days to pay.
The Court heard evidence of how officers inspected the AIS system to find it was only receiving data and not transmitting location data following a power outage of the system, and that it was capable of transmitting data. The Court heard evidence of the importance of a functioning AIS to ensure vessels can be identified at all times and to monitor vessels entering into closed or restricted fishing areas.
The Court further heard evidence that the vessel holds had been previously designed for Refrigerated Sea Water systems, however a modified capacity plan had not been made or certified to correspond with the change of design to refrigerated and frozen fish holds. Additionally, the Court heard evidence of the absence of a stowage plan describing the location of catch of Multiannual Plan species onboard. The Court heard how stowage plans need to be prepared on an ongoing basis in order for officials to identify the location of species onboard for inspection purposes. Evidence was given that the stowage plan requirements relate to species which are subject to targeted plans for sustainable fishing, such as Cod, Hake and Monkfish.
Evidence was given of the inspection of the mesh used during the fishing operation. Inspectors took sample mesh sizes and detected the codend mesh size was below the minimum regulatory requirement when used in combination with the particular square mesh panel, where the fishing activity involves catch comprised of at least 30% of Nephrops. Evidence was given that where the codend mesh size was below 100mm, a square mesh panel dimension of a minimum 300mm is required for the particular vessel category. The Court heard evidence of the importance of the mesh size and gear requirements in vulnerable marine areas and the purpose of the gear requirements to protect vulnerable marine species, by allowing for the survival of juvenile species. The Court heard how the mesh size was inaccurately noted in the fishing logbook. The Court was informed that the monetary value of the catch and gear onboard amounted to €45,200. In its decision, the Court remarked that the penalties should be significant and that the requirements are in place for “sound and good reasons.” The Court commented on the rationale of the “preservation of fish stocks.” The Court noted that it was a “serious matter” that the AIS was “deficient” and, “for a variety of good reasons, [vessels] should be identified and identifiable by the SFPA and others at all times.” The Court commented that “it is the duty of the master to ensure systems are working and not to trip themselves up if there is a power outage.”
The Court convicted and fined the Defendant a total of €4,000, allowing 14 days to pay, in respect of the charges relating to the mesh size, AIS and stowage plan infringements.
An SFPA spokesperson commented:
The SFPA highly commends the thorough and efficient inspection by the officers involved in this investigation and the cooperation between the EFCA patrol officials, Sea-Fisheries Protection Officers and An Garda Síochána. The SFPA also notes the seriousness attached by the Court to the non-compliances, as reflected in the judgment and penalties imposed. Masters and owners of fishing vessels must ensure consistent compliance with mesh size requirements for gear used during each trip, particularly having regard to the potential damaging impact of not doing so. Compliance with mesh size and gear requirements is important to ensure the sustainability of fish stocks and future fishing activities for the fishing community. Regulations are in place to ensure the accurate assessment of species which are subject to plans for sustainable fishing. The case raises important awareness of the need to ensure ongoing compliance with the stowage plan requirements during fishing trips and the seriousness of failing to do so. Masters and vessel owners must ensure Automatic Identification Systems are operating at all times, and take immediate remedial steps, and have procedures in place, where a power outage occurs. The SFPA notes the importance attached to the AIS requirements by the Court.”
Ends
Note to Editor
Automatic Identification System (AIS)
Automatic Identification System (AIS) is an autonomous and continuous vessel identification and monitoring system which provides means for ships to electronically exchange ship data with other ships and authorities ashore. Current AIS rules for Union fishing vessels are established in the Council Regulation (EC) No 1224/ 2009.
Codend
Codend is the narrow end of a tapered trawl net.