Sea fisheries offences can happen in a number of ways. Some cases involve alleged breaches of fisheries legislation, licence conditions, permit requirements or local byelaws. Others relate to catch recording and traceability, the use of non-compliant fishing gear, or the retention of fish or shellfish that should not have been taken, landed or kept.
If you have been contacted by the Marine Management Organisation (MMO) or Inshore Fisheries & Conservation Authority (IFCA), or asked to attend an interview under caution, it is important to seek legal advice as early as possible.
Local cases often involve local byelaws and permit conditions, as well as national legislation. Examples of common fisheries offences include:
Sea fisheries offences may be investigated by the Marine Management Organisation (MMO) or the relevant regional Inshore Fisheries and Conservation Authority (IFCA). Depending on the circumstances, an investigation may involve:
The consequences of a sea fisheries investigation can go well beyond a fine. In some cases, the MMO may issue a financial administrative penalty of up to £10,000 as an alternative to prosecution. Where the allegation is serious, an administrative penalty is not paid, or there is repeat offending, then the matter may go to Court.
If you are a fisherman, skipper, vessel owner, or seafood business owner and are facing investigation or prosecution, contact our team today. We advise on a wide range of fisheries offences and enforcement action, and can help you at every stage of a case, including:
If you are being investigated by the MMO or an IFCA, it is important to get legal advice as early as possible. We can advise you before interview, review the allegation and the relevant legislation or byelaws, assess the strength of the evidence, and represent you throughout the investigation and any Court proceedings. Whether the case involves catch retention, shellfish offences, gear or tagging issues, permit breaches or reporting failures, we will act quickly to protect your position and build the strongest defence available.
What legislation might be relevant to sea fisheries offences?
The legislation that applies will depend on the nature of the allegation. Examples include:
Marine and Coastal Access Act 2009
Sea Fish (Conservation) Act 1967
Sea Fisheries Regulation Act 1966
Illegal, Unreported and Unregulated (IUU) Fishing Regulations 2010
Local IFCA byelaws and permit conditions where relevant
Byelaws are legally enforceable local rules made by bodies with statutory powers, including Inshore Fisheries and Conservation Authorities. In sea fisheries cases, byelaws may regulate matters such as fishing methods, permitted gear, the taking of shellfish, seasonal restrictions, prohibited areas and conservation measures. Breaching a byelaw can lead to enforcement action, including prosecution.
The Blue Book is a fisheries legislation resource maintained by the Marine Management Organisation (MMO) to bring together key UK and retained EU fisheries legislation in one place. It can be a helpful reference point, but the legislation relevant to any individual case should always be checked carefully.
What is the Marine Management Organisation?
The Marine Management Organisation (MMO) was created in 2009 by the Marine and Coastal Access Act. It is an executive non-departmental public body, sponsored by the Department for Environment, Food and Rural Affairs (DEFRA). Its role includes marine licensing, fisheries management and enforcement in English waters.
In fisheries cases, the MMO may investigate alleged offences, conduct interviews under caution, and in some cases bring criminal proceedings. It may also issue financial administrative penalties as an alternative to prosecution in appropriate cases. Separate licensing consequences may also arise, including penalty points and action affecting the licence.
What is the Inshore Fisheries and Conservation Authority?
Regional Inshore Fisheries and Conservation Authorities (IFCAs) were created under the Marine and Coastal Access Act 2009. There are ten IFCAs around the English coast. They are responsible for the sustainable management of inshore sea fisheries resources within their districts, which generally extend from the coast out to 6 nautical miles, and they have powers to make and enforce local byelaws.
What role does DEFRA play in enforcing inshore management measures?
DEFRA (the Department for Environment, Food and Rural Affairs) is the national policy-setting authority for inshore fisheries management in England. It ensures the necessary legislation and frameworks are in place, while delegating direct enforcement and management to the Marine Management Organisation (MMO) and Inshore Fisheries and Conservation Authorities (IFCAs).
Can I be interviewed under caution for a fisheries offence?
Yes. In some cases, the MMO or an IFCA may invite you to attend an interview under caution as part of an investigation. You should seek urgent and early legal advice before answering questions.
What should I do if my catch or gear has been seized?
If your catch, gear or documents have been seized, it is important to seek legal advice as soon as possible. Seizure can be part of a wider investigation and may be followed by an interview under caution, an administrative penalty or prosecution.
You should keep a clear record of what has been taken, when and where the seizure took place, and which prosecuting authority was involved. If you have been given any paperwork, notices or receipts, keep them safe. It is also sensible to make a note of anything said to you at the time, including the reason given for the seizure.
Do not try to deal with the issue informally without first understanding your legal position. Early legal advice can help you understand the allegation, protect your rights and decide on the best way to respond. Get in touch with our specialist team if you are unsure how to protect your position.
Can a fisheries offence affect my licence?
Yes. Depending on the allegation and the outcome, a fisheries offence may lead to penalty points or other action affecting a fishing licence, as well as prosecution or an administrative penalty.
Is an administrative penalty the same as a criminal conviction?
No. A financial administrative penalty can be offered as an alternative to prosecution in some cases. Whether it is appropriate to accept one will depend on the facts and the potential consequences.
What are the penalties and wider consequences of a fisheries prosecution?
A fisheries prosecution may have consequences far beyond a financial penalty. Depending on the allegation and the outcome, you may face prosecution costs, the seizure or forfeiture of catch or gear, licence penalty points, and action affecting your ability to continue fishing lawfully. An investigation or prosecution can also disrupt your business, damage commercial relationships and put future income at risk. Early legal advice can make a real difference to how a case is handled and presented. If you are unsure, get in touch with our specialist regulatory team of lawyers.
If you are facing a sea fisheries investigation or prosecution, our team can provide urgent legal advice and representation. We can assist from the earliest stage, including before charge, through to trial if necessary. Our aim is always to secure the best possible outcome, whether that means challenging the allegation in full or presenting strong mitigation to reduce any penalty and protect your livelihood. Because these cases can move quickly, it is important to seek specialist advice as soon as possible.
We are available 24/7 to protect your rights and provide the best possible defence.
For expert legal advice, contact our dedicated team today. Call us on 0191 510 1221, or chat on WhatsApp.
We are available 24/7 to protect your rights and provide the best possible defence.
For expert legal advice, contact our dedicated team today. Call us on 0191 510 1221, or chat on WhatsApp.
