Source: All England Reporter
Publisher Citation: [2006] All ER (D) 351 (Jun)
Neutral Citation: [2006] EWCA Crim 1489
Court: Court of Appeal, Criminal Division
Judge:

Gage LJ, Forbes and Cox JJ

Representation 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.
Judgment Dates: 29 June 2006

Catchwords

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.

The Case

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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