Quota fine 14 'just trying to survive'
BRIXHAM'S fishing fleet has spoken out in support of the 14 people convicted of a fishing quota scam in Cornwall.
In a landmark legal case, the owners and skippers of six trawlers operating out of Newlyn, plus one auctioneer, have been ordered to pay about £200,000 in fines and costs after fiddling strict European Union fishing quotas.
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Sentencing the 14, which included pensioners Donald and Joan Turtle who own the Ben Loyal, Judge Philip Wassall condemned the 'well organised deception' whereby skippers at the West Cornwall port recorded landed fish under other species to beat the quota system.
Mrs Turtle, 72, who now has to pay thousands of pounds or face a prison sentence, said the fishermen involved in the deception were motivated by 'need not greed' and were being punished for throwing edible fish back into the sea.
Graham Perks, owner of Seafield in Brixham, which operates three beam trawlers, said he felt 'terribly sorry' for the 14.
"It's an absolute disgrace. The system is all wrong and it just seems the country is turning into a police state," he said.
"It's not done for greed. These guys are on below the minimum wage at the moment. How can they possibly call that greed?
"They're just trying to go forward to survive. Everyone's got to pay the bills. This is just going to put more and more people out of work."
Dave Hurford, skipper and owner of the Brixham-based Constant Friend, also sympathised with the 14 who were 'only trying to earn a living'.
He said: "The quota system isn't working and it never will.
"All you are doing is dumping good fish back into the sea, most of which are dead, so it's not a conservation measure.
"Having to throw back probably a good third of their catch of good quality fish is just wasteful.
"I don't think these guys deserve the penalty they are paying now for throwing edible fish back. They're only trying to earn a living.
"They have been treated worse than people who smuggle drugs. They're only catching a few fish, yet they're being treated as if they have committed a serious criminal offence."
Rick Smith, of auctioneers Brixham Trawler Agents, hailed the fines 'Draconian,' adding: "They're far too high, it's ridiculous.
"People have been fined for doing the same thing in Brixham and it's taken them years to pay it off.
"It's going to hit Newlyn for six.
"Despite what's said about it being an environmental and financial crime, what they did was to not throw dead fish back into the sea.
"Ok, it isn't legal, but needs must. You can't condone it because it does depress the proper price of fish on the market. If someone is selling it up the road cheaper obviously you're not going to go to the market and pay the proper price for it, so really it does cheat fishermen catching it in a bona fide manner."
He added: "This goes back to 2002 but it's taken ages to get to court. It's like having the sword of Damocles hanging over you for six years.
"The time it's taken is a travesty for those involved."
Dave Langdon, co-owner of Langdon & Philip which owns five beam trawlers in Brixham, said prime dead fish is dumped back into the sea every day because of the 'crazy' quota system.
He said: "The fishing industry is hard enough as it is without having to throw your prime fish back, especially when it's dead.
"Anybody in Europe will tell you this quota system doesn't work.
"It's a shame the fines are as much as they are, they're being fined more than if they were smuggling drugs. There's no way you can pay them. Somebody will end up going to prison soon."
14 Comments
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by Tim Macpherson, East Sussex
Monday, January 12 2009, 5:37PM
“I am astounded that after being caught red handed in a dishonest attempt to defraud the UK fishing industry the Newlyn 14 have the cheek to try and claim they are the victims of an injustice. They have broken the law and should be punished accordingly. I find it even more depressing that other commercial fishermen in the south west seem to think that these criminals are being hard done by.”
by Jim Tait, Fife
Friday, January 09 2009, 6:04PM
“Decades of irresponsible commercial overfishing have led to this ludicrous and unworkable quota system. Look in your mirror, fishermen, because you imposed it all on yourselves. And now some of you have been caught, proverbially, with your "hand in the till" bucking the system. These poor "guys" haven't just lined their own pockets, but taken the bread out of the mouths of the majority of the honest fishermen, also struggling to make a living. And now they've been caught, what do we get? "It's a disgrace". "It's draconian". "Ok, it isn't legal, but needs must"? Sorry my friends, but you get precious little sympathy from me.”
by graham ostiger, Dartmouth
Friday, January 09 2009, 12:18AM
“They fought the law, and law won.
Seriously, I'm glad the law is being used to protect future fish stocks and those fishermen who don't break the law.”
by Robbo , Ex Hull Trawlers, Hull
Thursday, January 08 2009, 9:50PM
“And I suppose "picking someone's pocket and when you get caught saying you were just keeping your hands warm " is not really breaking the law either”
by Vigil Latte, Land of Smiles
Thursday, January 08 2009, 6:41PM
“I suppose it was a case of wrong time wrong plaice. I wonder if the police took their dabs? Mind you to throw away dead fish must be sole destroying ... I'll get me coat.....”
by barry, rochester
Thursday, January 08 2009, 4:48PM
“This article is a follow on from what was released in the papers yesterday. the judge and also a member of the mfa had made it very clear it was about lining the back pocket, thats all. It was not about
throwing or not throwing fish back dead. Also pointed out was the reason why this has taken so long.
Qoute:
The judge sentencing the 14 condemned the "well-organised deception" whereby skippers at Newlyn, West Cornwall, recorded landed fish under other species to beat the quota system.
At Truro Crown Court, Judge Philip Wassall brought an end to legal proceedings against the 14 which had gone on since 2002.
Judge Wassall said: "It's become absolutely clear that all the offences were part of a series of well-organised deceptions to disguise the species landed by falsifying paperwork."
The packed courtroom was told that the boats landed high-value quota species of fish such as cod, hake and anglerfish but then mis-described them on documents supplied to Defra as non-quota species like ling, turbot and bass.
The judge said: "The scale and manner of the offending draws me to the clear conclusion that these offences were the result of a conspiracy.
"I'm sure these offences could not have been committed without the active connivance of at least one employee and the masters of the vessels concerned."
The judge said he did not accept points made regarding discarded fish and added: "A wholesale and systematic series of deceptions cannot be justified on such grounds."
The owners and skippers had been convicted after two earlier court hearings in 2006 and 2007 of a total of 114 specimen charges of failing to submit landing declarations that accurately indicated the quantities of each species landed.
All of the charges related to fish sold through W Stevenson and Sons auctioneers in Newlyn.
W Stevenson and Sons was also convicted of failing to supply accurate sales notes of the fish and is subject to confiscation proceedings which are ongoing.
A senior Marine and Fisheries Agency spokesman said: "This was an environmental and financial crime. Quota was available for these species of fish throughout the investigation period.
"This deception was done for financial gain ¿ not to avoid discarding fish. And these activities both endangered fish stocks and penalised legal fishermen by depressing prices.
"The investigation by fishery officers was detailed and painstaking due to the well-organised nature of this deception.
"The defendants denied their offending to the last moment which led to protracted legal proceedings."”
by tappers, brixham
Thursday, January 08 2009, 4:38PM
“if you dump anything in the sea it is deemed a crime by the enviroment and rivers agency.seems to me the fishermen can't and won't win The fishermen were committing an environmental crime in catching fish illegally and a crime against all of us in defrauding the tax payer. They should be punished accordingly. Mike, Newlyn ..................
so no-one else fiddles the taxman mike ? get real”
by Franny, by the sea
Thursday, January 08 2009, 4:15PM
“I agree with all the comments.
Why should the fisherman who are fishing within their quotas
have to put up with the other crews landing illegal fish ?
It does seem so stupid to throw dead fish back.”
by Mike, Newlyn
Thursday, January 08 2009, 3:57PM
“As the MFA clearly stated, this conviction is not about having to dump fish, there was plenty of quota available but they didn't want to pay for it.
The fishermen were committing an environmental crime in catching fish illegally and a crime against all of us in defrauding the tax payer. They should be punished accordingly.”
by Bob Shotter, Hampshire
Thursday, January 08 2009, 3:34PM
“Unfortunately the law has to be obeyed even one that is suggested as being unpractical and damaging to this fish stock.
While many are stating that the quota system is not working I would question, 1 Why are the stocks of Cod now improving (Channel Cod best for many years say RSAs) and 2 What, alternative would the commercial operators put on the table that would see that the fish stock remained sustainable.
I would agree that the dumping of over quota and under size fish should be stopped indeed it should never of started however the lads in Cornwall did not do them self any favors here other than cheat the system to which there currently is no alternative.”