The Marine Management Organisation (MMO) has prosecuted a Jersey-based company director for breaches of registration of the Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations 2005 (RBS regulation) and the Fisheries Act 1981.
Between January and May 2014, Andrew de la Hay purchased and transported catches of whelks.
Mr de la Hay was the director of a company named Ocean Royale Limited, which had been dissolved in the preceding year – meaning that all purchases thereafter were made by an unregistered business.
On 28 occasions, whelks were purchased and no sales note was submitted to the MMO, in accordance with regulations governing the purchase of first sale fish.
The total quantity of whelks involved was valued at £64,136.40.
Andrew de la Haye pleaded guilty to an offence contrary to Regulation 8 of the RBS regulation – and a further offence contrary to Section 30(1) of the Fisheries Act 1981, as read with Article 68 of Council Regulation (EC) 1224/2009.
The court gave Mr de la Haye credit for an early guilty plea and ordered him to pay fines to a total of £860, together with a contribution towards the costs of prosecution of £500 and a £53 victim surcharge – a total of £1,413.
After sentencing, MMO Director of Operations, Phil Haslam, said:
“This case sends out a clear message that the MMO will prosecute parties for failure to submit the required paperwork – whether that be sales notes or transport documents.
“This documentation is important, as it tracks the source of fish caught – and allows us to gain an accurate picture of fish stocks, on which to base fisheries management decisions.”
The MMO is currently carrying out the “Looks Fishy” campaign, to encourage adherence to the registered buyers and sellers regulations.
Duncan Lewis Criminal Solicitors
Duncan Lewis criminal solicitors can advise at any stage of a charge involving business offences, or environmental or public protection offences, including breaches of compliance and fisheries regulations, selling illicit tobacco or alcohol, mislabelling offences, weights and measure offences, breaches of food hygiene and health and safety breaches.
There are Duncan Lewis offices nationwide – and Duncan Lewis can advise at the start of an investigation and before charges are brought.
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For expert legal advice on business offences, or environmental or public protection offences, call Duncan Lewis criminal solicitors on 0333 772 0409.