Dutch trawler convicted of illegal fishing in Irish seas
The Irish Times reports, 27th March 2015: “The skipper of the world’s largest trawler has been convicted of breaching EU fishing regulations on board a vessel that’s half a metre longer than the Croke Park pitch [144 metres]
“Two of the five charges against Gerrit Plug, skipper of the 144.6-metre Annelies Ilena, were rejected on legal grounds by Judge John O’Hagan at the end of the prosecution case at Donegal Circuit Court.
“However, the jury found Plug guilty, by 11-1 majority verdicts, of failing to record discarded fish and discarding species of fish subject to quota.
“The jury returned a unanimous verdict that the vessel exceeded the maximum space between bars on a device which filters unwanted from wanted fish.
“Plug, who the court heard had been at sea for 39-years without conviction in any country, was fined a total of €105,000.
“The judge, who did not order forfeiture of the vessel’s fishing gear, said: “This is a very large trawler. As a result of being king of the seas, there is a specific obligation to ensure that all the gear is correct as an example to other trawlers. It has been found wanting.”
The world’s largest trawler Annelies Ilena, formerly known as the Atlantic Dawn. The trawler’s skipper has been convicted of breaching EU fishing regulations by Donegal Circuit Court.
In a three-day trial, the prosecution claimed that the Annelies Ilena, in an “ongoing, systematic practice”, was in breach of EU regulations off Tory Island, and had illegal equipment which was grading the fish to increase the value of the catch, and discarding fish which should have been kept back into the sea.
The suspicions of the Irish navy and sea fisheries protection officers were raised when they saw large sea-birds apparently eating fish directly behind the trawler.
Prosecuting counsel Patricia McLaughlin said it had been suggested by the defence that there was a vendetta against the Annelies Ilena when it was boarded by officers from the Irish navy vessel LÉ Róisín.
Ms McLaughlin told the jury of six men and six women: “On the contrary, it was a routine inspection carried out by the navy. It flies in the face of the evidence to suggest there was a vendetta.”
Defence counsel Richard Lyons said there was “innuendo, speculation and bias” in the evidence of the main prosecution witness, Killybegs-based sea fisheries protection officer John Hederman, who boarded the trawler with navy officers.
Mr Lyons said in the six hours Mr Hederman spent aboard the Annelies Ilena on November 22nd, 2013, he “scoured” the vessel for evidence of breaches of EU fishing regulations.
Mr Lyons told the jury: “There is no evidence of any discards from the vessel.”
Judge John O’Hagan told the jury that they had to decide between rival suggestions by the prosecution and defence that Mr Hederman was telling the truth about what he found or that there was a chance that some of his evidence was less than fair.
The judge explained that the regulations were all part of an EU mechanism to conserve stocks and make sure they were available for all fishermen.
Plug, a Dutch national, had denied all offences. The Dutch-owned vessel, which has a crew of 60, including 13 Irish citizens, was known as the Atlantic Dawn when it operated out of Killybegs.
Source: The Irish Times, 27th March 2015. For the full text, see www.irishtimes.com/news/crime-and-law/courts/circuit-court/skipper-of-world-s-largest-trawler-convicted-of-breaking-fishing-rules-1.2156503
Marinet observes: The Dutch trawler Annelis Ilena has a long history, and far from all savoury. For further details, see our separate item.
With regard to present matters, we note that this is not the first conviction of the Annelis Ilena for an offence similar to this one, also in Irish waters. This occurred in November 2013.
Then, as now, the trawler did not have its gear confiscated, nor its quota withdrawn. Simply, a fine. Whether the haul of fish present in the trawler at the time was confiscated is not reported. Given that the trawler is reported to be able to process and freeze 400 tons of fish every 24 hours and can hold a total of 7000 tons of frozen fish, and can hold enough fuel to stay out at sea for up to five weeks at a time, this matter is significant.
Marinet is beginning to wonder, given the recent reporting of the illegal fishing by the Dutch trawler Frank Bonefaas in the seas of SW England, whether it is true that “crime does not pay”. Certainly it is a question that needs to be put to the EU Commission and its Member Governments. And sooner, rather than later.
