Press Release
Cornwall Inshore Fisheries and Conservation Authority (IFCA) successfully prosecuted the master and owner of the fishing vessel Guardian FY28 for dredging for scallops during curfew hours on four days in February and March 2019.
The master and owner, Mr Michael John Pengelly (67) of Plaidy Park Road, East Looe Cornwall, entered guilty pleas to the charges at Truro Magistrates Court on 25 September 2019. The magistrates handed down a two year conditional discharge to Mr Pengelly and ordered that he pay £3953 of the Authority costs. The conditional discharge means that should he be convicted of a relevant fishing offence within the next two years, the four offences for which he was convicted could be taken into account.
The Guardian FY28 was dredging for scallops which are an important and high value species for many fishermen. Cornwall IFCA has introduced measures to limit fishing effort on scallops to ensure a sustainable fishery, which include limiting the hours vessels are allowed to fish to between 7am and 7pm.
Cornwall IFCA used remote Vessel Monitoring System (VMS) technology, to determine that the Guardian FY28was operating inside the Cornwall IFCA district outside the permitted hours. On 18 March 2019, a Cornwall IFCA officer boarded the Guardian FY28 at sea and was able to confirm that the vessel had been using dredges to catch scallops. Further investigations and analysis of VMS data and records of fishing operations indicated that the vessel had, on several occasions, departed Looe to begin dredging for scallops in the Cornwall IFCA district well before 7am and sometimes after 7pm.
Mr Pengelly pleaded guilty at the earliest opportunity and expressed remorse for what he had done, and this was reflected in the sentence handed down.
Cornwall IFCA is Principal Enforcement Officer, Simon Cadman, said “Remote monitoring is a vital tool which Cornwall IFCA regularly uses to identify suspected illegal fishing and to support investigations that has led to prosecutions. This prosecution is one of a number that have been brought by the Authority in recent years, for similar offences where evidence from remote monitoring has been an essential element. With scallop stocks in our district being under significant fishing pressure, it is important that fishermen follow legislation designed to ensure sustainable fishing. Bringing this case to court demonstrates the potential seriousness of not following the rules that aim to conserve inshore scallop stocks.