A fisherman was given two conditional discharges to run concurrently, at Bridlington Magistrates’ Court, for offences involving a net set on the shoreline near Hornsea.
Francis Powell, 54, of Allison Lane, Lissett, Driffield was also ordered to pay the full investigation and prosecution costs of £1,398.97 to the Environment Agency, which brought the case.
Paul Harley, prosecuting, told the court that on 22 June 2007 at 4.30 pm Environment Agency fisheries officers were on an enforcement patrol on the shoreline at Low Grange Caravan Park near Hornsea. They observed a net set on the beach and saw fresh tyre marks leading to and from the net. They concluded that the net had recently been worked.
The net did not have a net label and low water was about 30 minutes away. The Licence conditions require nets to be in the water not before 6am on a Monday and out of the water by 8pm on a Friday, in order to conserve fish stocks and protect members of the public who may use the beaches at the weekend.
The officers noticed that the net was set to catch the rising tide. They returned shortly after 8pm and observed that the net had risen with the incoming tide and was in a position to catch fish.
They went to see Mr Powell as they were aware it was probably his net and found him working in his partner’s fish and chip shop nearby. The net label was attached to his quad bike and he confirmed it was his,
Under caution he later stated that the net was fouled with weed and he had been unable to remove it. He said fishing had been bad. In any event it was damaged and not capable of taking fish. This was contrary to the views of the officers.
Mr Powell had pleaded guilty and admitted that he was aware of the licence regulations and had chosen to prioritise the work in the chip shop over his responsibilities to remove the net. He could have disabled the net with weights to prevent it floating up on the tide.
The court was told that Mr Powell should have rung the Environment Agency if he had difficulties with the net. They would have contacted a fisheries officer who could have granted him permission to leave it if it was dangerous, on condition that it was removed as soon as it was safe.
He had made a decision to leave the net below high water and had not attempted to contact the Environment Agency or disable the net. These features aggravated the offence. He had admitted that he had not contacted us but knew he should do so.
In mitigation it was said that he did not do this deliberately or for commercial gain, that the net was damaged and that no fish were caught. It was stated that Mr Powell sits on the North East Sea Fisheries Commission and has been involved in the drawing up of byelaws regarding Sea Bass fishing.
Mr Powell was given credit for his early guilty plea and previous good character. The Magistrates said that in view of these factors they considered it appropriate to conditionally discharge him for 12 months but saw no reason why he should not pay the full costs of prosecution and investigation at £1,398.97
Peter Turner, a fisheries officer for the Environment Agency, said: “These byelaws are not only there to protect fish stocks but also the also the interest of licensed netsmen and we take breaches very seriously.”
