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Coddy

Southern IFCA Prosecute Fisherman

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13 December 2016,
Fisherman fined for failing to comply with Fisheries Officers and navigating a vessel in a dangerous manner

 

 

At Bournemouth Magistrates Court, Ben Cook, 33, of no fixed place, was ordered to pay fines and costs relating to failing to comply with directions given by Fisheries Officers and navigating his vessel at such a speed and in such a manner as to endanger lives or cause injury in an incident in Poole Harbour that occurred on 24 September 2015.

As a result of Mr Cook failing to appear at court on two previous occasions, on 17 August 2016 in Mr Cook's absence, the court heard how on the evening and in the hours of darkness on Thursday 24 September 2015 as Inshore Fisheries and Conservation Authority (IFCA) Officers approached an unlicensed fishing vessel in Poole Harbour suspected of illegally clam fishing, the vessel made off at high speed. IFCA Officers followed the vessel and recognised the person at the helm as Mr Cook and despite being given several directions to stop what he was doing in order for them to facilitate a boarding and conduct an inspection, Mr Cook made several high speed dangerous close passes to the IFCA patrol vessel that led to IFCA Officers terminating the stop check attempts as they considered it too dangerous to continue.

Mr Cook had been charged with two counts of failing to comply with a reasonable direction given to him by IFCA Officers and also charges laid under the Poole Harbour Commissioners byelaws for; i) navigating a vessel without care and caution and at such a speed as to endanger the lives or cause injury; and ii) navigating a vessel at a speed exceeding 10 knots. The court found Mr Cook guilty on all counts.

IFCA Officers are empowered under the Marine and Coastal Access Act 2009 to board and inspect vessels, enter and inspect premises and vehicles and those being subjected to inspection, including the master and crew on vessels must provide assistance if it is requested.

Commenting on the case, IFCA Deputy Chief Officer Ian Jones said, "This case is a good example of a joined up collaborative approach with Poole Harbour Commissioners resulting in the inclusion of charges for breaches of their byelaws. Failing to comply with Officers reasonable directions and putting IFCA Officers in danger by navigating a vessel at such a speed and in such a manner as to endanger lives or cause injury will not be tolerated and we will pursue such matters vigorously through court".

Captain Brian Murphy, Poole Harbour Commissioners Harbour Master said "Dangerous behaviour in Poole Harbour will not be tolerated. Our 100% prosecution success rate continues, thanks in this case, to the joint working relationship we have with the Southern IFCA in Poole Harbour. Working with Southern IFCA and other authorities continues to be the most effective and efficient use of resources for byelaw enforcement."

On 8 December 2016 Mr Cook was ordered to pay fines and costs totalling £2240 and in addition for his previous non-attendance pleaded guilty to failing to comply with a bail charge and fined a further £80.

 

14 June 2016,
First Criminal Behaviour Order for IFCAs - Illegal fisherman banned from Poole Harbour

 

At Bournemouth Magistrates Court, Justin Chappell 32, of Hamworthy in Poole, was given a Criminal Behaviour Order (CBO) and pleaded guilty to several fisheries and Poole Harbour Commissioners (PHC) byelaw offences resulting from three separate incidents in 2015.

On the 13 June 2016 the court heard how on Monday 29 June 2015 as Inshore Fisheries and Conservation Authority (IFCA) Officers approached Mr Chappell in his unlicensed fishing vessel in Poole Harbour, he discarded his catch (suspected of being illegally caught shellfish) and despite being given several directions to stop what he was doing in order for them to facilitate a boarding and conduct an inspection, Mr Chappell made three high speed dangerous passes in close proximity to the IFCA patrol vessel verbally abusing and acting aggressively towards the Officers before leaving at high speed.

The following day on Tuesday 30 June 2015 IFCA Officers again approached Mr Chappell in his unlicensed fishing vessel in Poole Harbour in order to conduct an inspection but Mr Chappell headed deliberately towards the patrol vessel on several occasions at high speed in a deliberate act of aggression and intimidation causing one of the Officers to take evasive action in order to avoid a collision. Shortly after, Mr Chappell returned at high speed driving his vessel directly towards the stern of the patrol vessel before veering away and again leaving at high speed.

Finally, on Tuesday 6 October 2015 IFCA Officers located Mr Chappell's unlicensed fishing vessel unattended in Lytchett Bay, Poole Harbour. Officers seized an auxiliary hydraulic pump located on board that vessel that was contrary to the Southern IFCA Poole Harbour Dredge Permit byelaw.

IFCA Officers are empowered under the Marine and Coastal Access Act 2009 to board and inspect vessels, enter and inspect premises and vehicles and those being subject to inspection, including the master and crew on vessels must provide assistance if it is requested.

Commenting on the case, IFCA Deputy Chief Officer Ian Jones said, "The successful application for a CBO is an IFCA first and the result of a collaborative approach to combatting criminal behaviour in Poole Harbour with our partnership agencies; Borough of Poole Safety Communities Team, Dorset Police and Poole Harbour Commissioners".

Mr Jones further added, "Failing to comply with Officers reasonable directions and putting them in danger by navigating a vessel at such a speed and in such a manner as to endanger lives or cause injury will not be tolerated and we will pursue such matters vigerously through court".

The CBO is in force for 3 years and Mr Chappell must not enter or be found on land or sea within Poole Harbour. 

In addition to the CBO, Mr Chappell received a 3 year conditional discharge for all charges that in effect means that if he is convicted for any offence over the next 3 years he will not only be sentenced for that offence but also for the offence he pleaded guilty to for this matter. He was also ordered to pay £700 toward costs and his auxiliary hydraulic pump was subject to a forfeiture order.

Any information relating to illegal fishing activity can be reported to the Authority in confidence on 01202 721373.
 

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I have commented before that these gentelmen breaking the law at sea are the same people doing the same in the countryside.

The police/ IFCA have there hands so tightly tied it drives the law abiding citizens Nuts.

Thankyou Cody for keeping us informed of the low life on the water.

 

Happy New Year everyone there are good people out there

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A relevant point in law is that if you drive an uninsured motor vehicle or one that is a condition unfit to drive you can lose it to a scrapyard crusher  a shame we don't have the same type of legislation for marine craft and as you all know there is plenty of idiots and others out there who would qualify. What i don't understand is why the justices did not launch both cases straight to Crown Ct on an endangering life charge the way they were behaving with their boats   :huh:  :huh:  :huh:        Coddy if the courts in these cases could make a destruction order it would not matter if the boats where in the tower of London or locked up in a Buckingham palace garage.  ;)  Derek       HAPPY NEW YEAR TO YOU ALL 

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