On 5th March 2025, at Truro Magistrates Court, Cornwall IFCA successfully prosecuted Rowse Fishing Limited and Mr Benjamin Edward Rowse (28) of Penzance, the respective owner and relief master of the 16.42m vivier potting vessel Emma Louise TO60. Mr Raimonds Vimba (52), a Latvian national and the regular master, did not attend court but is expected to appear on a later date. This prosecution was the culmination of two separate investigations which began in April 2024 and January 2025, having been brought together in a single prosecution before the Court. The defendants faced multiple charges related to their crab and lobster fishing which had largely been conducted within the Cornwall IFCA district, including the removal of undersized edible crabs and spider crabs, fishing for berried and mutilated lobsters, plus failures to accurately record details in the logbook . At this first hearing, the two defendants entered guilty pleas to all the charges relevant to them. Rowse Fishing Limited was fined £12,000 with £7,397 costs and a surcharge of £2,000. Ben Rowse was fined £1,053 with £1,000 costs and a £421 surcharge.
The Emma Louise TO60 is a vivier shellfish boat with a large saltwater tank within the hull, in which catches of crabs and lobsters may be stored and retained alive, potentially for several days. This larger type of vessel has greater potential for longer fishing trips and ability to work in poorer weather conditions in comparison to the smaller, more traditional potting vessels. For vessel stability reasons, any shellfish stored in a vivier tank can only safely be inspected when the vessel is alongside in port, where it is safe to have the seawater pumped out.
This prosecution resulted from two separate investigations by Cornwall IFCA, where officers went aboard the Emma Louise TO60 in Newlyn harbour after it returned from fishing trips off the coast of Cornwall. There was a different master on board for these two trips, whilst the vessel remained under the same ownership.
The first investigation involved Rowse Fishing Limited and Raimonds Vimba who was the usual master of the Emma Louise TO60. Between the 15th and 18th April 2024, officers found evidence of the following offences:
· Removal of 74 undersized female edible crab from the Cornwall IFCA district;
· Removal of 6 undersized male edible crab from the Cornwall IFCA district;
· Removal of 14 undersized spider crabs from the Cornwall IFCA district;
· Removal of one lobster with a mutilated tail from the Cornwall IFCA district;
· Failure to record in the logbook and in the landing declaration, quantities of each species kept on board and send it to the MMO;
The second investigation involved Rowse Fishing Ltd and Ben Rowse who was relief master of the Emma Louise TO60. Between the 6th and 9th January 2025, officers found evidence of the following offences:
· Fishing for berried lobsters within British fishery limits;
· Fishing for a mutilated lobster within British fishery limits;
· Failure to record the correct name and address of the master in the logbook.
When officers inspected the catch in the vivier tank aboard the Emma Louise TO60, they found six lobsters with eggs attached to the underside of their tails, which is where they carry the eggs until they fully develop and then hatch. An egg bearing lobster is commonly referred to as being “berried” and the taking of such lobsters is illegal in all English waters. It was clear from the black colour of the eggs that they were not ready for hatching and officers suspected the physical condition of these lobsters was indicative of forcible egg removal, such as by scrubbing using a stiff brush.
In addition to the lobsters found with attached eggs, numerous other female lobsters showed similar signs of forcible egg removal but were not berried. Tail parts from six of these lobsters were harmlessly removed and taken back to the Cornwall IFCA office where they were subjected to the Karlsson and Sisson test. This scientific procedure showed positive results for the biological cement that effectively glues lobster eggs to the underside of the tail while they develop. Presence of the cement is evidence that the lobster had recently been berried; it would not be found on a lobster for long after naturally shedding its eggs. Analysis of the tail part samples also showed physical disturbance and damage, as would be expected from any harsh scrubbing. Cornwall IFCA believe this evidence points to a far greater number of berried lobsters caught and retained on board the Emma Louise, than were actually found with berries.
To help maintain healthy lobster stocks, it is important that berried females are returned immediately to the sea. It is estimated that each legally sized berried lobster can carry between 7,000 and 35,000 eggs. However, it has been estimated that only two out of 30,000 eggs are likely to produce a lobster that will reach maturity, which is why it is so vital to protect berried lobsters. As a voluntary measure, some skippers choose to “v-notch” berried lobsters before returning them to the sea. This involves clipping a small triangular piece from one of the hard tail flaps of the lobster, which can remain present through two or three moults. It provides an additional level of protection, as there is legislation in place which makes it an offence to fish for or land lobsters with a v-notch, as well as any with a mutilated tail which may obscure a v-notch. This applies whether such a lobster is berried or not at the time it is recaught.
Simon Cadman, Cornwall IFCA’s Principal Enforcement Officer said,
“It is deeply concerning that a successful prosecution of Rowse Fishing Ltd and Ben Rowse in 2023 involving similar offending from the same vivier potting vessel in 2022, did not dissuade them from further illegal fishing for crabs and lobsters in 2024 and 2025.
Such short-sighted actions on this scale risks ruining crab and lobster fishing within the Cornwall IFCA district, putting the important livelihoods of scores of other fishermen and their fishing communities at risk. It is simply unacceptable to take and sell undersized and pregnant shellfish which clearly need to survive in the fishery to ensure sustainable stocks long-term. I am pleased that the court has recognised the seriousness of the situation and I hope the penalties it has imposed will improve the attitude of these offenders in terms of their future fishing practices in our precious Cornish waters”