Defra wins legal challenge on cod

Judges today threw out a legal challenge to the management of cod for under 10 metre fishing boats in UK waters.

The Court of Appeal rejected claims by two Hastings skippers that the cod catch limits were unworkable and discriminatory. Today's significant decision reinforces the Department of the Environment, Food and Rural Affairs (Defra) ability to manage cod stocks for the under 10 metre fishing boats.

The Court agreed that there was no legal or evidential basis to suggest that it would be disproportionate, as required by Community law, for the under 10 metre fleet to keep some sort of record of the quantity of fish caught and sold.

Defra originally successfully prosecuted the Hasting skippers, Mr Paul Joy and Mr Graeme Bossom, in January 2005, at Lewes Crown court. Fines and legal costs totalling £14,000 were awarded against two Hastings skippers who pleaded guilty to landing cod significantly exceeding the monthly limits.

Angus Radford, District Inspector, Marine Fisheries Agency (MFA), said:

"Today's verdict is significant as it reinforces Defra's ability to manage the fleet in the correct and proper manner to safeguard this vital fishery.

"The fines and costs upheld by the Court demonstrate the severity of the fisheries offences committed and these penalties should be seen as a real deterrent to anyone fishing illegally.

“We all want a long-term future for our fishing industry.”

One of Defra's main priorities is to create a sustainable and viable fishing industry and marine environment. Conservation of fish stocks is a key part of ensuring a long term and profitable future for the fishing industry.

Notes to editors

The case was originally heard at Lewes Crown court. The skippers pleaded guilty to the offence of

- failing to comply with conditions within the fishing licence by exceeding the quantity of cod that could be retained during October 2003.

The charges against the skippers of the Sandra RX83 and the Jackelly RX52 relate to a series of fishing trips in the Eastern Channel (ICES Division VIId) where both skippers together landed over 1.6 tonnes of cod during the month, when the fishing licence limited their licences restricted them to 150kgs per vessel.

The value of the illegal cod landed during the month by the two vessels was £2570.

Charges were brought under S 4(6) of the Sea Fish Conservation Act 1967 (breach of fishing licence condition).

Under the Common Fisheries Policy, fisheries departments are required to carry out enforcement in a fair and balanced manner. If offences are found action needs to be taken.

Defra-issued fishing licences set the quotas and terms and conditions for the under 10 metre inshore fleet. Management of stocks for the inshore fleet is done in consultation with the fishing industry.

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