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Fishing Master fined for failing to comply with the rules of the Landing Obligation


Fishing Master fined for failing to comply with the rules of the Landing Obligation

Fishing Master Rory Wilde, with an address in Co. Dublin, previously pleaded guilty at Dublin Circuit Criminal Court to charges of failing to retain catches of fish subject to quotas and the Landing Obligation onboard the Irish sea-fishing boat, the ‘Mary Paul’. Mr. Wilde also pleaded guilty to a charge of a use of a below minimum mesh size net during the fishing operation.

On 06th November, the Court heard evidence that the MFV ‘Mary Paul’ was boarded by a Sea-Fisheries Protection Officer and Union inspectors attached to the European Fisheries Control Agency (EFCA) patrol vessel, the ‘Ocean Guardian’, in the Irish Exclusive Economic Zone, in the area of the Porcupine Bank, on the 24th of April 2024. Officers boarded the MFV Mary Paul and conducted an inspection of the operations onboard and the nets in use.
An officer gave evidence to the Court that members of crew of the MFV ‘Mary Paul’ were observed systematically discarding catches of dead fish, including Megrims, Blue Whiting and Monkfish, which are subject to quotas, through a hatch back into the sea from a sorting table onboard. Evidence was given that only Nephrops norvegicus (or Dublin Bay Prawns) were retained onboard however there was no record of any discards made during the fishing trip until that point; only Nephrops and certain Monkfish had been recorded.
Evidence was given that officers conducted an inspection of the fishing gear and detected three of four nets to be compliant, however, the average mesh of a square mesh panel of the fourth net measured below the minimum legal mesh size of 300mm, which was required for that particular fishing operation. An officer informed the Court the monetary value of Nephrops norvegicus onboard was declared to be approximately €116, 000.00 based on the sales note.

Evidence was given that the landing obligation was introduced in 2013 and has had full effect since 2019. It requires that all species subject to total allowable catch limits that are caught must be recorded and counted against quota, including juvenile fish. An officer gave evidence that the previous system of discarding of juvenile stocks was destructive and skewed data on catches significantly. The Court was informed that the International Council for the Exploration of the Seas use the industry figures in the valuation of fish biomass, however these figures are skewed where fish is not recorded when discarding occurs which can lead to inaccurate scientific advice regarding quotas.  The Court heard that the square mesh panel is similar to “an escape hatch” which allows smaller fish to escape as the net is hauled.

The Court proceeded to convict and fine Mr. Wilde to fines totalling €10, 000.00, with six months to pay. In giving its decision, the Court remarked that the landing of bycatches is a cornerstone of the Common Fisheries Policy and accurate stock assessment “which is a vital concern to us all for the preservation of fish stocks in our seas”.

A spokesperson for the Sea-Fisheries Protection Authority (“the SFPA”) commented:

“The SFPA notes the important decision of the court and the seriousness attached to the illegal activity detected. The landing obligation and fishing gear selectivity requirements are key tools to ensuring the sustainability of fish species and future fishing activity by fishing communities. Failure to comply with the landing obligation through illegal discarding, and use of below minimum size mesh, undermine the measures in place to support the sustainability of sea-fishing activity and the recovery of fish stocks. The case also underscores the importance for masters and operators to ensure, on an ongoing basis, that fishing gear is compliant. The SFPA commends the officers and inspectors of the SFPA and EFCA involved in the investigation”.

ENDS

Further Information

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