Fishermen and vessel owners will be given the choice of a paying a fixed penalty instead of criminal prosecution in the courts.

The penalties – ranging from £250 to £2,000 for a first offence - apply to owners, masters, and or charterers and representatives of all English and Welsh fishing vessels wherever they are, and to all other fishing vessels within English and Welsh waters.

For a second offence penalties range from £500 to £4,000. A third similar offence would result in prosecution through the courts.

In all cases, if, for example the owner pays the fixed penalty within 28 days the skipper’s/charterer's penalty will deem to have also been paid so they will no longer be liable.

Penalty notices are designed to be a quicker, simpler alternative to criminal proceedings, to increase transparency, and to reduce the administrative burdens on businesses with more effective inspection and enforcement.

Their introduction follows widespread consultation with stakeholders.

Marine and Fisheries Agency operations director, David Holliday says the system is designed to speed up procedures, and free time for all concerned.

"It will allow masters and owners to avoid criminal prosecution, and reduce uncertainties over the levels of fines by having clearly published fixed penalties," he said.

"Penalty notices will be issued only as an option for fishermen to avoid prosecution. Fishermen will still have the right to maintain their innocence and make other representations about their case at a criminal court and have their case judged according to the usual rules of criminal procedure and evidence."

There are four levels of penalty set according to their seriousness. The penalty levels are based on "risk to fisheries."

The fixed penalty will be doubled if a similar category of offence is committed within a two year period.

Level 1: £250 for first offence, £500 similar category offence within two years

Level 2: £500 for first offence, £1,000 for similar category offence within two years

Level 3: £1,000 for first , £2,000 for similar category offence within two years

Level 4: £2,000 for first, £4,000 for similar category offence within two years

The penalty may be raised to higher level when:

financial gain by the offence exceeds the amount of the penalty;

the stock in question is subject to special Commission measures like recovery plans.

Fixed penalties are one of three options now open to the Marine and Fisheries Agency deputy chief inspectors at MFA’s London headquarters who take the decision on how to proceed against offenders at sea.

A written warning for lesser offences and the instigation of court proceeding for the more serious breaches remain the other options.

Also from this month, there will be a limit of one warning letter per person, partnership or company given for the same category of offence in a two year period. This will include warning letters issued in the two years prior to April 2008.

Offences of obstruction, failure to meet a BSFO’s requests, or assaults and threats will always be referred for prosecution.

There are similar schemes for Scotland and Northern Ireland.

The system of penalty notices will be extended to domestic fisheries offences by powers in the Marine Bill which was also published this month.

www.fishupdate.com is published by Special Publications. Special Publications also publish FISHupdate magazine, Fish Farmer, the Fish Industry Yearbook, the Scottish Seafood Processors Federation Diary, the Fish Farmer Handbook and a range of wallplanners.

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