THE owner of a Beara fishing boat, who has had a blemish free record for the last 35 years, appeared at a recent sitting of Bantry District Court on a charge of mis-recording a catch.

Darragh Healy, a solicitor acting on behalf of the State, outlined the facts of the case brought against Noel O'Sullivan of Slater House, Derryminhan West, Castletownbere.

The accused, who was legally represented by Brian Harrington, solicitor, entered a plea of guilty on a charge of being the master of the Margaret Katie and failing, on March 24th 2024, to accurately record data in the logbook.

Sea fishery protection officer, Peter Deegan, said he was part of a routine inspection of the vessel after it returned to port. In evidence, he said the stowage plan was not completed but the skipper then produced a logbook with the quantities.

The fishery officer said he watched the discharge of the fish boxes on the quay and he then proceeded to check if the hold was empty.

Behind some empty boxes, he said there were 61 boxes that had not been declared.

The fishery officer said he asked the skipper for an explanation and he told him that he had been dealing with a significant engine malfunction, which resulted in the vessel taking on water.

He said the incident had forced them to return to port, and he also mentioned that the crew were not his usual crew and were 'inexperienced.'

According to the fishery officer, the skipper was co-operative at all times. He said the accused is a director of the company and he described the Margaret Katie as 'a large fishing vessel that represents a significant commercial enterprise.'

The fishery officer estimated the value of the fish to be €4,289.85. And he said the undervaluation was 57.23% of the catch.

In his evidence, the witness said that the under-recording is considered a very significant matter in terms of ecology, the protection of the marine environment, and he said it can also have significant consequences for fish stocks.

He also stated that the undeclared fish were not forfeited, but were added to the skipper's quota.

In evidence in his own defence, Noel O'Sullivan said they had been out about three days when the vessel started taking on water due to a fault and they had no option but to come in.

He said there wasn't a deliberate attempt to under-record the catch. Noel O'Sullivan said he didn't have time to complete the documentation because he was dealing with an emergency situation.

The skipper also pointed out that his regular crew were on holidays and that the four crew he had on board had given him the wrong information.

'My eye was not on the ball that day,' said the skipper who confirmed that he purchased the vessel for €1.6m and spent another €1m bringing it up to regulation. 'On that day, the pressure was on,' he added.

After considering all of the evidence, Judge Joanne Carroll said: 'I won't be suspending this man's licence. He had had adversity in the course of his business and he was dealing with an issue at sea.'

The judge acknowledged that the undeclared fish had been added to his quota and that he had been in the business for 35 years 'with no previous convictions of any kind.'

Judge Carroll dealt with the case by imposing a penalty of €750 on the accused for not accurately recording his catch.

Funded by the Courts Reporting Scheme.