Skipper of fishing vessel labelled a ‘hard-working decent man’ by judge

THE skipper of a Kilmore Quay registered fishing boat who breached fishing regulations has been given the benefit of the Probation Act after the judge said he is a hard-working man in an industry in which this country has turned its back on.

Skipper James Scallan of Oldtown Road, Castlebridge, had pleaded not guilty before Judge Sean O’Donnabhain at Wexford Circuit Criminal Court to three charges of landing fish – sole, cod, hake and ray – above the quota when master of the Bridget Carmel between June 1 and October 12, 2015.

The jury of seven women and five men returned a unanimous not guilty charge on the two charges relating to cod, hake and ray, while returned a 10-2 majority guilty verdict in relation to the charge involving sole.

During the trial, prosecuting counsel Ms Sinead Gleeson told the court that it is the duty of the fishing vessel skipper to feed information from their log books regarding catches into the electronic database of the Sea Fisheries Authority.

Liam Kennedy of the Sea Fisheries Authority told the trial that it’s their duty to inspect fishing vessels as they land. In this case the information they took from the database left them in a position to meet with the defendant.

Mr Kennedy told the court that the information relating to the Bridget Carmel vessel covered 35 trips. He said it is the master’s job to know the quota and if the master is concerned about going over the quota he can catch less of different species of fish by using different nets. All of the information contained on the log sheets came from the Bridget Carmel Master.

Mr Kennedy told of meeting with Mr Scallan on the vessel in Arklow on November 7, 2015, and told him what was found on the database relating to fishing over the quota.

Mr. Kennedy, replying to Defence

Solicitor Cormac Dunleavy, said that the defendant in a statement said he had costs and wages to pay and that the quota was uneconomical for him, as he also had a family to support.

He said he had 17 years experience as a skipper. He also told of having a hard week and that the owner of the boat, Johnny Keating had to pay the wages out of his own pocket.

In further reply to Mr. Dunleavy he said that while at sea if the skipper realised they had fished over the quota they were obliged under the then regulation to return the fish back to sea.

Mr. Dunleavy told the court that the Skipper and Mr Keating had always an issue with dumping fish back to sea. They always refused to return the fish back to sea and had fought this regulation through several channels over the years. This regulation has been changed, and if this fishing over quota occurred now he (skipper) would be prosecuted under a different regulation.

Mr Dunleavy said that three lots of fish had been seized. This vessel and owner has already been penalised by the Department. He said the Department sold the fish and the money was being held by the Department, with the owner at a loss.

Mr. Dunleavy said all of the evidence in this case has been supplied totally by the defendant through the recording of the logbook.

Mr Kennedy of the Sea Fisheries Authority said the total value of sole came to €16,620 with gear being estimated at €4000.

Prosecuting counsel Ms Gleeson said the penalty is value of catch plus confiscation of the gear.

During the sentencing hearing, Johnny Keating, owner of the Bridget Carmel, said he had received no cheques in relation to the catch.

Judge O’Donnabhain adjourned a decision to the following morning, telling the prosecution that the Department should come back with their house in order.

When the sentencing resumed, Mr. Kennedy said that much to his disappointment, three cheques had been found in a box in the Department’s office in Howth. In relation to the catch for October 10, 2015, cheque value came to €9197-87.

He said that the money represented all of the illegal catch, with about €6000 for the sole fished over quota. The remaining €3000 odd was for over fishing of cod, hake and ray.

Judge O’Donnabhain said this should have been a simple case of over fishing but it threw up lots of questions, with cheques been subsequently found in a box in the office.

All of the information in this was given by the defendant in his logbook and sent to the Department. It’s a one-way system for this man, said the Judge. who is a hardworking, decent man, who is doing his best in an extremely difficult industry which the country has turned its back on.

Judge O’Donnabhain said there was a fundamental wrong done to this man with the money in a desk in Howth. The value of catch is now broken down to €9197 and there is no further monies owed to the department. He is entitled to this monies for the catch.

He is also entitled to the Probation Act under Industrial Law and this should only be a paper record with no penalty.