Compliance Outcomes: Sanctions and Prosecutions
Where compliance is not achieved and a breach of legislation has been identified, there are a number of different enforcement actions that may be applied, depending on the severity of the offence. Verbal Warnings, Advisory Letters and Official Warning Letters may be issued for less serious offences, whereas more serious fisheries offences may result in Cautions, Financial Administrative Penalties* (FAPs) and Prosecutions. For more detail see the Compliance and Enforcement Framework.
*Since 6th April 2011, IFCAs have had the option to issue a Financial Administrative Penalty (FAP) as an alternative to a criminal prosecution. The Authority may consider issuing a FAP based on a number of factors, and where the offence may be classed as a ‘penalty offence’. See the full guidance here: Southern IFCA FAP Guidance.
Recent enforcement outcomes:
4th September 2024 - Poole Fisherman Pleads Guilty to Retention of Undersized Clams
On Wednesday 4th September 2024 at Poole Magistrates Court, fisherman Luke James pleaded guilty to retaining on board his fishing vessel a quantity of manila clams that were below the minimum conservation reference size, and to failing to submit monthly catch returns to the Southern Inshore Fisheries & Conservation Authority within stipulated deadlines.
Charges were laid by the Southern IFCA and Mr. James was ordered to pay costs and fines totalling £9,093.10.
The court heard how on 21st October 2023, Mr. James was intercepted by officers who were aboard the Southern IFCA Fisheries Patrol Vessel Endeavour in the River Frome. Mr. James was driving his fishing vessel PE1218 Elmay downstream. Retained on board his vessel were between approximately 165kg of manila clams. An inspection of the catch revealed that an average of 42% of the manila clams were below the minimum conservation reference size of 35mm. Mr. James initially explained to officers that he had picked up most of the catch from a friend at Wareham Quay. Scant contact details for the friend were provided and subsequent Southern IFCA enquiries, involving the seizure of CCTV evidence, proved that the details and account given by Mr. James were fictitious. Mr. James later admitted fabricating the story and confirmed that he had caught the manila clams earlier that day in the Wareham Channel, Poole Harbour.
The court also heard how Mr. James had been late submitting his Southern IFCA monthly catch returns during the 2023 Poole Harbour dredge fishing season (open to permit holders 25th May to 23rd December inclusive). Mr. James was charged in relation to late submissions for the months of October and November 2023.The monthly catch returns provide the Southern IFCA with important information, including the dates, times, location, quantities and type of species caught within the harbour, enabling the IFCA to monitor stock levels and manage the fishery sustainably.
As the master and sole owner of fishing vessel PE1218 Elmay, Mr. Luke James was fined £1800 for his breach of the minimum conservation reference size regulations and £500 for his breach of the Southern IFCA Poole Harbour Dredge Permit Byelaw and conditions. He was ordered to pay the full £5,873.10 prosecution costs and a victim surcharge of £920, making a total of £9,093.10 for all fines and costs.
When asked to comment, Principal Deputy Chief Officer Sam Dell said, “This case sends a clear message that failing to comply with the regulations will not be tolerated. I would like to publicly thank the officers involved in this case and recognise their tenacious approach in pursing all lines of enquiry during this investigation. The Southern IFCA is committed to the protection of our shellfish stocks and coastal fisheries, ensuring healthy seas and a viable industry. By taking offenders to court we aim to support a sustainable local fishery.”
29th November 2023 - Poole Fishermen Plead Guilty to Taking a Quantity of Undersized Cockles
On Wednesday 29th November 2023 at Poole Magistrates Court, Poole fishermen Andrew Skinner & Reginald Skinner, pleaded guilty to taking a quantity of undersized cockles from Poole Harbour, contrary to prohibition (4) of the Fishing for Cockles Byelaw of the Southern Inshore Fisheries and Conservation Authority (Southern IFCA) and section 163 of the Marine and Coastal Access Act 2009. Charges were laid by the Southern IFCA and both fishermen were ordered to pay costs and fines totalling £6,456.00.
The court heard how during the morning of Tuesday 13th June 2023, Andrew Skinner was inspected by officers at Fisherman’s Dock, Poole Quay. Mr. Skinner was in possession of 7 bags of cockles and 7 bags of manila clams, which he confirmed had been caught using the fishing vessel Lula Bon PE892 in Poole Harbour. Lula Bon is jointly owned by Andrew Skinner and his father Reginald Skinner.
An inspection of the catch followed. Officers found that the manila clams landed by Mr. Skinner were mainly compliant with the minimum conservation reference size of 35mm. However, based on samples removed for measuring, 33.86% of the cockles were undersized; passing through a gauge having a square opening measuring 23.8mm along each side. The total weight of all shellfish landed by Mr. Skinner was approximately 390kg.
As joint owners of the vessel both Andrew Skinner and Reginald Skinner were liable for the breach of regulations. Each were fined £1200.00 and ordered to pay prosecution costs of £1,548.00 and a surcharge of £480.00.
When asked to comment, Deputy Chief Officer Sam Dell said, “This case sends a clear message that failing to comply with the Authority’s regulations will not be tolerated. The Southern IFCA is committed to the protection of our fish stocks and coastal fisheries, ensuring healthy seas and a viable industry. By taking offenders to court we aim to support a sustainable local fishery.”
7th June 2022 - Viviers (UK) Ltd Pleads Guilty to Storing Undersized Clams
On Tuesday 7th June 2022 at Portsmouth Magistrates Court, Viviers (UK) Ltd., Fish and Shellfish Merchants, Camber Docks, Gunwharf Road, Portsmouth, pleaded guilty to 3 counts of storing undersized shellfish on their premises. Charges were laid by the Southern Inshore Fisheries & Conservation Authority and Viviers (UK) Ltd. were ordered to pay fines and costs totalling £10,946.00.
For the offence committed on 16th December 2021 the court issued Viviers (UK) Ltd. with a fine of £2000. In relation to the offences committed on 16th December 2021 - the company were fined £4000, for storing undersized manila clams, and £750 for undersized American Hard-Shelled clams. They were also ordered to pay prosecution costs of £4006 and a victim surcharge of £190, making the total of all fines & costs £10,946.
4th May 2022 - Poole Fishermen Plead Guilty to Retention of Undersized Clams
On Wednesday 4th May 2022 at Poole Magistrates Court, Poole fishermen Andrew Skinner & Reginald Skinner, pleaded guilty to retaining on board their fishing vessel, Lula Bon PE892, a quantity of manila clams that measured below the minimum conservation reference size.
Charges were laid by the Southern Inshore Fisheries & Conservation Authority (Southern IFCA) and both men were ordered to pay costs and fines totalling £4,094.00. As joint owners of the vessel both Andrew Skinner and Reginald Skinner were liable for the breach of regulations. Each were fined £800.00 and ordered to pay prosecution costs of £1,167.00 and a victim surcharge of £80.00.
27th January 2022 - Poole fisherman found guilty of Failure to Comply offences
On Thursday 27th January 2022 at Poole Magistrates Court, Poole fisherman Geoffrey Bennett was found guilty of failing without reasonable excuse to comply with a direction reasonably given by Inshore Fisheries and Conservation Officers from the Southern Inshore Fisheries and Conservation Authority (Southern IFCA).
At court Mr. Bennett said that he had not seen the officers or heard their directions. He told the court that he needed to get away in a hurry because of the poor weather conditions and the risk of damage to his boat if he left it there. The court did not find Mr. Bennett’s account credible and he was found guilty of two charges of Failing to Comply with officers. Mr. Bennett was fined £6,000, ordered to pay prosecution costs of £10,000 and a victim surcharge of £180.
For more updates on Compliance Outcomes visit our News Page.
Compliance Statistics
Between April 2022 and March 2023, Southern IFCA carried out a total of 75 vessel patrols at sea and 107 shore patrols on land. During the 75 patrols at sea, a total of 152 vessel boardings were carried out, for the purpose of conducting inspections. A total of 133 landing inspections and 23 premises inspections were carried out during the 107 shore patrols.
In the cases of minor breaches of legislation, a total of 19 Verbal Warnings or Advisory Letters were issued. However, for more serious breaches of legislation, a total of 14 case files were generated. These investigations resulted in 15 Official Written Warning Letters, 3 Financial Administrative Penalties (FAPs) being issued and 1 case resulted in a Formal Caution.
