This draconian law will harshly and unnecessarily penalise all fishermen

Tuesday 16th June 2009, 2:59PM BST.

From K de la Haye
THE introduction of the proposed bag limits law for recreational fishermen is punitive and ill-conceived and will add a thoroughly bad law to the statute book.

It will adversely affect all law-abiding amateur and recreational fishermen for no reason other than to stop the illegal sales of ‘black fish’ – those caught and sold by amateur fishermen without the appropriate licence.

A law already exists prohibiting the sale of fish without a licence. A new law will duplicate this law, which at present is obviously not being enforced effectively.
Its introduction is promoted by a Fisheries Panel which consists largely of members with vested interests.

The report supporting the proposed law is a hotchpotch of ideas combined to try to justify its introduction. It makes assumptions and presents them as factual without providing any evidence, such as:
• It will increase angling tourism.
•  It will mean no increase in manpower resources.
•  The majority of recreational fishermen would support the introduction of bag limits.
Using their current policing practices, the Fisheries department seem unable to apprehend these lawbreakers.

I suggest that rather than boarding small boats or examining catches on the beach, they should introduce a more effective strategy based on intelligence, research, targeting suspects and risk assessment, instead of what appears to be the current random, casual and very expensive operation.

Under the new law, any recreational fisherman holding a barbecue or dinner-party for a total of six people will be unable to legally provide six fresh lobsters from a live store pot caught during the preceding week or so.

The new regulation 6 states that a person who is guilty of an offence under this law shall be liable to a fine of £20,000. The law, as drafted, allows no latitude for leniency, dependant on the gravity of the infringement. I suspect and hope that this is an error. However, the upper penalty ceiling seems grossly disproportionate to any such offence when compared with the penalties for other offences.

The introduction of this law will do absolutely nothing to solve the problem of the sales of ‘black’ fish. Law-breakers (or the ‘unscrupulous’, as the report describes them), will break the new law as they have broken the existing law.

The report clearly and most importantly acknowledges that the new law’s purpose is not the conservation of fish stocks. Undisputedly, licensed professional fishermen make the greatest impact on the local stocks of bass, lobster and scallops. Fishing licences can still be purchased and new vessels added to the local professional fishing fleet without any local control.

Most recreational fishermen are responsible and law-abiding and their activities have a very minor impact on fish stocks. The introduction of this draconian law will harshly and unnecessarily penalise them all.
2 La Houguette Apartments,
Rue des Prés,
Grouville.


  1. 1
    jp

    This really annoys me. As a sensible fisherman i regularly put back fish that are clearly over the size restriction but that i know can live to be bigger before i hopefully catch one to put on the plate.

    It really amazes me that all this effort is being put into demonising, what equates to the farming equialent of a smallholder. Yet, large vessels can go aimlessly around destroying the fish stocks,netting all sizes and discarding the undersize ones to their fate once damaged by the nets. Plus the dredgers going along destroying all in their path.

    It is my belief that this law is being drafted with the help of local trawlers and fish suppliers in order to help recoup some profit by ensuring that us recreational fisherman are eventually forced into only buying our fish from them as opposed to being able to catch it ourselves.

    On the othehand I am aware that there are people out there with no morals and will land and cook anything regardless of size if they can get away with it. Why not just promote a free phone number to the fisheries whereby people can contact them when they see this behaviour, its not as if we dont have mobile phones and cant phone in.

    Report abuse

  2. 2
    Pip Clement

    It has to be said that this law will do very little to curb the dimunition of island fish stocks.
    I doubt the entire take of all the amateurs in the island amounts to the annual catch of one commercial boat.
    And it ignores the fact that amateurs routinely return undersized and unwanted fish to the sea.
    Compare that with the professionals that kill almost everything and use the unsaleable stuff as free pot or hook bait.

    Report abuse

  3. 3
    Nellie Macon

    They would do better to have spot checks on restaurants (they must have some idea of who is buying these “illegal” fish) and ask them to produce receipts – if not, then fine them and print it all in the paper.

    Report abuse