AG -v- Barbelenet and Lefilleul 20-Oct-2006 [2006] JRC 148 (20 October 2006)

JUDGMENT THE BAILIFF: 1. These two defendants have pleaded guilty to offences involving the catching of over 1,000 undersized spider crabs. This is, we are told, the largest quantity of undersized fish which has been detected by fishery officers. The importance of observing the conservation regulations is obvious.

2. The Deputy Bailiff expressed it in this way in the case of AG -v- Grandmougin and Ferrantim [2002/81]and we cannot put it any better - "The fishing conservation rules are made so as to ensure that the fishing stocks survive and are preserved for future generations. It is the height of selfishness for today's fishermen to put their own financial interests above those of fishermen to come in future generations. The Court must ensure that the level of fines which it imposes is such that it is understood by fishermen that it is not financially worthwhile to break the fishing conservation regulations." 3. The skipper in this case Monsieur Lefilleul, was fully aware that he was breaking the law. His explanation was that he could not get the necessary bait from the merchant and he took the risk of breaking the law in order that his vessel could put to sea.

4. The provisions of the law impose strict liability upon the owner and counsel addressed us at some length upon what was suggested to be the unfairness of this provision. The law provides that if the skipper commits an offence, so too does the owner. The reason for this provision is no doubt one of public policy. The owner benefits from the fishing enterprise and from the profits made by the illegal activity of the skipper.

5. We have been told by counsel that the owner knew nothing of this illegal activity, but we think the law imposes this strict liability in order to ensure that owners ensure that skippers do obey the conservation regulations which are for the benefit of the entire fishing community in the Bay of Granville, both in Jersey, and in Normandy and Brittany.

6. In mitigation we accept that both defendants have no previous convictions, they have served the community of Pirou and they have given valuable and courageous service as members of the French equivalent of the R. N. L. I. We have received and we have taken into consideration a number of excellent references testifying to the good character of the defendants. We have taken all that into account but we think that the fines moved for by the Crown Advocate are correct. A message must go out to all fishermen that if the conservation regulations are broken very severe penalties will be imposed.

7. We therefore impose upon Monsieur Barbelenet and Monsieur Lefilleul each a fine of £8,000 or in default of payment 8 months' imprisonment, and we order the confiscation of the whelk pots seized by the fisheries officers. Both defendants may have two weeks to pay. Authorities AG -v- Grandmougin and Ferrantim [2002/81]. Page Last Updated: 15 Jul 2016 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII