What is Going on with Fisheries Control? Do Not Pay Those Fines!

 What is going on with fisheries control, Minister George? Your FCO's are randomly issuing fines to skippers of fishing vessels demanding they pay "admission of guilt fines" for the most mundane non-existent issues. 

FCO's are supposed to foster a relationship of co-operation with the fishing industry as opposed to creating a hostile environment where it appears that FCO's are out looking for bribes. What else could explain why FCO's are issuing fines in cases where a tuna pole vessel's newly painted lettering mistakenly reads "TB" as opposed to "TP"? 

Or issuing a fine to a tuna long line vessel because it has wooden bamboo poles on board because the FCO does not know that bamboo poles are also used to gaff tuna caught by long line to be brought safely on board the vessel? (Not to mention that the tuna long line conditions do not contain a definition of what is "tuna long line gear" and there is no criminal prohibition for having fishing gear from another fishery on board a long line vessel).

There are dozens and dozens of cases where skippers are issued these J534 notices and told that they must "sign" the fines and pay the admission of guilt fines. 

Our advice is: You dont have to sign any fine and any threat by an FCO should you not sign is unlawful. And do not consent to the payment of admission of guilt fines as these admissions admit to criminal guilt and can affect future fishing right and permit applications.

Once the fine is issued, consult with a lawyer and have the lawyer prepare representations to the senior prosecutor of the court concerned for cancellation of the fine. 

There has not been a single fine issued to date that we have seen or assisted with that has not been quashed by a senior prosecutor. And this includes dozens of fines issued to abalone divers listed as "category 2" offenders. It is noteworthy that after various prosecutors and magistrates threw these matters out, the Minister actually had the fines issued in the jurisdiction of other courts in a desperate attempt at "forum shopping". 

Just yesterday, the Cape Town Magistrates Court cancelled a fine issued to a boat owner because "its VMS was not functioning" despite the fact that the VMS was in fact reporting. The Department's VMS receivers are either so outdated or simply dysfunctional that the department is in fact at fault and not vessel owners who are now being issued fines. 

Do not pay these fines and do not admit guilt.