French fishermen fined

TWO French fishermen were fined a total of £1,500 in the Magistrate's Court for failing to stow their gear properly within British fishery limits adjacent to Guernsey. Serge Milon, 51, of 5, Chemin de la Greve, 50530 Genets, and Luc Lazaro, of MFV Bel Espoir, admitted the offence, which was committed on 25 April.

The court heard that sea fisheries officers were conducting a routine patrol of limits in the Leopardess when Bon Espoir and Milon's Marie Galante 1 were detected within the six- to 12-mile limit west of the Hanois.

Advocate Chris Dunford, prosecuting, said that both were travelling at slow speed consistent with fishing.

As the Leopardess approached, the skippers altered course towards the 12-mile limit and increased their speed.

The trawlers were identified and the Leopardess closed in on them. It was noted that the vessels were rigged for scallop dredging and that both had a metal beam at the stern with dredgers attached.

The equipment was not wholly secured inboard, in contravention of The Fishery Limits Act 1976.

Radio contact was made with Milon and officers asked to inspect the vessel. That was refused and the defendant claimed that he was beyond the 12-mile limit.

Neither boat was therefore inspected at sea.

Enquiries with the French authorities confirmed that both were within British limits for several hours.

Both men came back to Guernsey voluntarily for interview in August.

Milon admitted the offence. Lazaro said that he could not have put the gear further on board.

He said that he had been doing it that way for 25 years and had never had a problem.

The court heard that it was not an offence in France to have gear not wholly stowed on board. Neither man knew that it was an offence in Guernsey.

Lazaro has no previous convictions, but Milon has been before the Guernsey courts twice.

He was fined £2,000 in September 2002 for fishing inside the six-mile limit and received a £4,000 fine in May 2004 for fishing for a prohibited species.

Advocate Christian Hay, representing both men, said that his clients had simply been travelling through the area and were not fishing. They were unaware that they had to stow their gear fully on board.

Advocate Hay said that their vessels made it very difficult to do that because they have three dredges as opposed to the two most British vessels have.

To stow it wholly on board would have been dangerous, he said, because it would clutter the deck and obstruct the view, which could compromise the safety of the crew.

Advocate Hay told the court that his clients had been fishing in the Sark Box and were travelling through the area when Lazaro's boat had engine problems.

Milon went to his assistance and the problem was corrected at sea.

Both defendants were very remorseful, he said.

He added that Milon had not refused sea fisheries officers access to the boat but had asked them to wait for five minutes, by which time they had gone.

Assistant-Magistrate Philip Robey said that the offence was an important part of the legislation to ensure that British fishery limits adjacent to Guernsey could properly be policed.

The offence carries a maximum penalty of £50,000, which illustrates its seriousness, he said.

Mr Robey accepted that neither fisherman knew he was committing an offence.

He fined Lazaro £600 and Milon received a £900 fine.