On 16 October 2024, at Truro Magistrates Court, Cornwall IFCA successfully prosecuted the owner and master of the fishing vessel My Danielle PH338 for unlawfully fishing with a net in Barn Pool in the River Tamar. Mark Anthony Chown (40) of Mutley, Plymouth was found guilty of two offences under the River and Estuarine Fishing Nets Byelaw 2017.
Magistrates sentenced Mr Chown to pay a fine of £1,100 with a £440 surcharge and ordered him to pay costs of £3,444. Mr Chown had been offered a Caution, together with a £500 contribution towards the Cornwall IFCA investigation and legal costs. However, despite initially saying he would accept this offer, Mr Chown did not engage with officers to make the payment or arrange to receive the caution despite numerous attempts by officers to contact and organise this with him. As a result, the Authority was left with no option but to prosecute him in the court, which he was informed could happen if he allowed the caution offer deadline to pass.
The offences occurred in November 2023, close to the boundary line between the Cornwall IFCA district and the Devon & Severn IFCA district. The investigation was carried out by cross-warranted officers from Devon and Severn IFCA who passed their evidence of suspected illegal netting on the Cornish side, over to Cornwall IFCA. The use of drift and fixed nets within rivers and estuaries is largely prohibited within the Cornwall IFCA district and is one of the Authority’s highest enforcement priorities.
Principle Enforcement Officer Simon Cadman said “The use of nets in Cornish rivers and estuaries is largely prohibited by a Cornwall IFCA bylaw in order to protect important fish stocks in these key areas. Mr Chown was an experienced fisherman, based at Plymouth, and he should have been fully aware of the netting restrictions which applied in his local area. As Mr Chown would not engage with officers in recent months when he had the option to receive a caution, it is a mystery as to why he effectively chose to end up the subject of court proceedings, which he was warned may happen. I hope the outcome of this case underlines the importance of a suspect engaging with the investigating authority when a lesser sanction than that which may result from being found guilty by the Court, is on offer.”