A fisherman from Ramsey has been fined £6,000 after breaching Manx fishing regulations.
Shane Joseph Byrne, of Lezayre Estate, pleaded guilty to three offences of breaching a sea fishing licence and two fishing restriction offences.
Prosecutor James Robinson told the court how Byrne was previously the skipper of the fishing boat ’Frey’ CT137.
In June 2016 four areas were closed to all scallop fishing to assist with the replenishing of scallop stocks.
Vessels were also prohibited from travelling at less than four knots in the closed area as this is the typical speed scallop fishing occurs at.
However, on May 20, Department of Environment, Food and Agriculture vessel ’Barrule’ was on routine patrol when it found that ’Frey’ was in a closed area travelling at three knots.
’Frey’ was around 350 metres inside the closed area to the East of Douglas. ’Barrule’ approached ’Frey’ and noted that it had it’s nets in the water.
They tried to contact the fishing boat but there was no answer so DEFA staff subsequently boarded the vessel.
Byrne told DEFA staff the boat had been unable to move due to fuel problems for one to two hours.
However, it was found that fishing gear had been deployed in the closed area and four bags of scallops were on board.
It was also found that there was no laptop on board the boat to record e-logs regarding the trip and that no trip had been manually reported.
Further investigations revealed that mesh used for fishing was less than 100mm, which is the legal requirement.
Byrne was charged with the following breaches; fishing in closed area at a speed of less than four knots, using mesh with a size of less than 100mm, fishing within a closed area, failing to operate an electronic means for recording fishing catch data and not using fitting an automatic identification system to the vessel, which helps DEFA identify the location of vessels.
Byrne was asked to attend meetings with DEFA on June 22, June 29 and June 30 but failed to attend.
Mr Robinson said: ’In fairness to the defendant, with regards to the last charge, there was an automatic identification system fitted but it was no operational on the day.’
The court heard that the catch had been processed and sold for £288.40.
Defending Byrne in court his advocate Deborah Myerscough said: ’Fishing matters are by their very nature complicated. Mr Byrne has not done any fishing since this as the rules are just too complex for him. He is now working in security as he says it is less stressful than fishing.
’He had left the laptop at home. In respect of the net, it appears not the whole of the net was undersized. There appears to have been shrinkage, in sea water they do shrink, but that would have been his responsibility.
’The net issue was rectified once he got back to port. The catch was only £288 in value. We understand it was sized and sent to the processing plant, we don’t understand why he was paid.
’The vessel is owned by another individual. Mr Byrne has no intention of returning to fishing.’
Deputy High Bailiff Jayne Hughes fined Byrne £4,000 for fishing in closed area, £1,000 for the mesh size and £1,000 for not fitting an automatic identification system to the vessel. No separate penalty was made for the other two offences.
Byrne was also disqualified for one year from holding a fishing licence.
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