Two "small boats" fishermen have lost their appeal against convictions and heavy fines for exceeding their monthly cod quota.
Lawyers for skippers Paul Joy and Graeme Bossom, who make a living from inshore fishing in boats launched off the beach at Hastings, had argued in the Court of Appeal in London that regulations under which they were prosecuted were "illegal and disproportionate" and incompatible with EU law.
It was claimed the enforcement of strict limits on the small operators was imposing an unfair burden, particularly in regard to trying to keep a record of how much cod they were catching.
Lawyers contended that because Mr Joy's vessel, Sandra RX 83, and Mr Bossom's Jackelly RX 52 were under 10 metres, and therefore exempt from record-keeping obligations under EU law, it was wrong and discriminatory for the British authorities to expect logbooks to be kept.
But the appeal judges said yesterday there was no merit in the suggestion that the Department of Environment, Food and Rural Affairs (Defra) was discriminating against the small operators by requiring them as a condition of their fishing licences to keep records.
Lord Justice Gage, sitting with Mr Justice Forbes and Mrs Justice Cox, said the exemption under EU law "does not bestow a right on the owners of the under-10m vessels to fish entirely without regard to the amount of their catch".
The two skippers were experienced commercial fishermen and would be very familiar with the weight of each species of fish contained in their standard size landing boxes. The judge said the monthly catch restrictions were "clear and precise" and the men were fully able to keep a tally of their catches so as to avoid criminal sanctions.
The court also refused them permission to appeal against fines imposed at Lewes Crown Court in January last year for breaches of the Sea Fish Conservation Act.
Joy, 56, of Ashburnham Road, Hastings, had been fined £7,496, and Bossom, 42, of Edmund Road, Hastings, £6,574, both including costs.
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