Skipper and owner of the Alles Wisselt, Danny Bout, 49, of Yerseke, Holland pleaded guilty on April 30, to obstructing a British sea fisheries officer and other fishery offences committed in August 2007 and January this year - including fishing with illegal strengthening bags.

In the case brought by the Marine and Fisheries Agency, the court heard that Alles Wisselt was first boarded by fishery officers from HMS Quorn in the southern North Sea off Margate in August 2007.

Initially officers were suspicious that the vessel had been mis-reporting areas of capture because the log book appeared to have been altered.

In the light of that, and other fishing infringements detected, the decision was taken to detain the vessel to Harwich for further investigation, the court heard.

But when Bout was told he was being detained to Harwich late at night, he refused to co-operate, and insisted on sailing to Zeebrugge. After several attempts to talk the skipper around, the boarding party had no option but to seize his log book, seal his fish hold and fishing gear and disembark the vessel before Bout sailed off, magistrates were told.

Bout was later advised that if the vessel entered British fishery limits before this matter was resolved, it would be detained to a UK port and further action would be taken against the vessel.

Three months later when court dates were set, Bout was given permission to re-enter British fishery limits.

The Alles Wisselt was again boarded by BSFOs from HMS Quorn in the Southern North Sea in January this year who found a strengthening bag on one of the cod ends which created an obvious 'blinding' effect, the court heard.

Prosecuting for the MFA, David Buck stressed the seriousness of the obstruction offence, explaining that the BSFOs had no choice but to leave the Alles Wisselt after Bout refused to comply with their orders to be detained to Harwich.

Bout pleaded guilty to obstruction and fishing with two illegal strengthening bags, retention of more than 75kgs of crab claws, failure to accurately record a quantity of crab in his logbook and displaying another vessel’s Port Letters and Numbers on one of his beams.

Defending, Andrew Oliver said the skipper accepted his guilt and wished to apologise to the Navy and the court for disobeying orders from the BSFOs. His client’s behaviour was down to the fact that at the time he felt he was being called a liar in relation to the logbook offence which was later dropped, he said.

Danny Bout was ordered to pay a total of £31,767 in fines and costs, which included £3,000 for the obstruction offence and £6,000 for failing to record a quantity of crab.

For the August net offence, Bout was fined £1,000 plus an additional fine to the value of half of the catch, which amounted to £5,500. For the January net offence he was fined £1,500 plus an additional fine to the value of half of the catch, which amounted to £6,000 making a total of £14,000 for the net offences.

A senior MFA Fisheries Officer said after the case: "Obstruction of a BSFO is a very serious matter and one which the MFA will not tolerate.”

She added "We were extremely concerned that the actions of Bout in refusing to be detained to an English port may set a pattern for other foreign vessels to follow in the future in an attempt to avoid prosecution.

"The MFA is required to undertake a full investigation of the catch on board or search of a vessel for other information which could not be carried out if a vessel does not come in to a UK port. Without the vessel, catch and gear, the additional penalties available to the court could be reduced."

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.

Printer friendly version

Email this article to a friend