||All England Reporter
|| All ER (D) 351 (Jun)
|| EWCA Crim 1489
||Court of Appeal, Criminal Division
Gage LJ, Forbes and Cox JJ
||Nicholas Paines QC and Philip Moser (instructed by Goodall Barnet James Solicitors) for the first defendant.
||Nicholas Paines QC and Ian Lawrie (instructed by Goodall Barnett James Solicitors) for the second defendant.
||Rhodri Thompson QC and Martin Edmunds (instructed by the Department for Environment, Food and Rural Affairs) for the Crown.
||29 June 2006
Fish - Seafishing - Condition of licence - Breach of condition - Small vessels - Quotas - Defendants breaching licence - Community law exempting small vessels from log-keeping and landing declarations - Whether conditions contrary to Community law - Whether judge erring in finding conditions not unlawful - (Conservation) Act 1967, s 4 - Council Regulation (EEC) 2847/93 - Council Regulation (EC) 2341/2002.
Conditions imposed on the defendants' fishing licences pursuant to the imposing individual monthly quotas on 'under-ten-metre vessels could not be said to infringe EC law as to exemption from detailed record keeping and reporting obligations for such vessels (Council Regulation (EEC) 2847-93) or the principle of proportionality, and it followed that the defendants' convictions for breaching the conditions of their licence were not unsafe.
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