On 2 nd November 2023, at Truro Magistrates Court, Cornwall IFCA successfully prosecuted Mr Mark Manning (59) of Plymouth and Sarah-Jane Fishing Ltd, the respective master and owner of the fishing vessel Cornish Gem PH 819. Mr Manning had previously entered guilty pleas to the court in respect of three counts of using a dredge to remove scallops from the Cornwall IFCA district at a prohibited time of day in December 2022 and in February 2023, whereas Sarah-Jane Fishing Ltd had previously pleaded not guilty to the same charges. On this occasion, the company was not represented at the court, where a trial had been expected to proceed against it. Following the sentencing of Mr Manning which resulted in fines amounting to £625, a surcharge of £250 and a contribution of £1000 towards the prosecution costs, Magistrates decided that a trial of the company should proceed in its absence.
Magistrates found Sarah-Jane Fishing Ltd guilty in respect of the three scallop dredging offences but adjourned sentencing of the company until 19 th December 2023, in order that the company accounts could be produced to the court.
Cornwall IFCA has a byelaw prohibiting dredging for scallops between 7pm and 7am. This daily curfew period is designed to conserve the inshore scallop stock by limiting fishing effort to a sustainable level. Cornwall IFCA officers analysed information on the Cornish Gem PH819, available to them through the Vessel Monitoring System (VMS), including position and speed. They identified that this vessel had on several occasions been operating within the Cornwall IFCA district at prohibited times of the day. It was decided to prosecute for three events where the VMS evidence was sufficiently backed up by logbook, landings and sales data which corroborated the authority’s suspicion that scallop dredging was conducted during the curfew hours on 9 th and 16 th December 2022 and on 9 th February 2023.
Sarah-Jane Fishing Ltd has been investigated by Cornwall Sea Fisheries Committee and Cornwall IFCA on three previous occasions for offences related to scallop dredging. Two of these investigations resulted in court proceedings which resulted in the company pleading guilty and on one occasion they accepted a caution.
Simon Cadman, Cornwall IFCA’s Principal Enforcement Officer said, “The scallop curfew exists to protect scallop stocks which are under heavy fishing pressure. Scallops are a sought after and economically important species and it is vital that the bylaws designed to conserve them and maintain fishing at a sustainable level are fully complied with. It is always disappointing to find a fishing vessel skipper who disregards the law in the interests of their short-term gain, but perhaps even worse to discover a fishing vessel owner that has not taken any steps to ensure their vessel is operating legally. I hope the sentences handed down by the Magistrates will encourage both of them to operate their fishing business in full compliance with the important rules that serve to protect sea fish and which also provide for the long-term viability of the fishing industry.”