South Wales Sea Fisheries Committee v Saunders

South Wales Sea Fisheries Committee v Saunders

The defendant was not using a method of fishing, an instrument of fishing for sea fish, or engaging in a fishing operation when performing safety operations to clear nets of debris within the six mile limit; ambiguity in the statutory language must be resolved in favour of the defendant.

Parties
Claimant: South Wales Sea Fisheries Committee; Defendant: Malcolm Saunders
Jurisdiction
England and Wales
Judgment Date
27 November 2003
Procedural Posture
Appeal by Case Stated / Judgment
Outcome
appeal dismissed
Legal Topics
Statutory Interpretation, Fishing Regulations, Byelaw Enforcement
Criminal Law Fisheries Law Statutory Interpretation Fishing Regulations Byelaw Enforcement

Case Brief

Summary, issues, holding and outcome

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Parties

South Wales Sea Fisheries Committee

Claimant

Malcolm Saunders

Defendant

Procedural Posture

Appeal by Case Stated / Judgment

Legal Issues

  1. 1 Whether entering the Sea Fisheries District to break nets and release debris constitutes 'using a method of fishing' or 'engaging in a fishing operation' under Byelaws 38 and 41
  2. 2 Whether the use of nets for safety operations within the six mile limit amounts to fishing under the relevant byelaws

Ratio Decidendi

The defendant was not using a method of fishing, an instrument of fishing for sea fish, or engaging in a fishing operation when performing safety operations to clear nets of debris within the six mile limit; ambiguity in the statutory language must be resolved in favour of the defendant.

Court Disposition

appeal dismissed

Orders

  • Order for costs from central funds in favour of the defendant