Guidance

Prosecutions Report 2021

Updated 10 December 2021

1. Fishing vessel skipper fined in Truro

1.1 Defendant

Trevor Bailey

1.2 Details

A skipper has been fined £200 with £1,000 costs for operating an unregistered fishing vessel.

Trevor Bailey, 64, pleaded guilty to the offences at Truro Magistrates Court.

It follows an investigation by the Maritime and Coastguard Agency’s Regulatory Compliance Investigations Team after it became clear that Mr Bailey was fishing despite not having renewed his registration with the Agency.

His vessel Scath Du was first inspected in February 2019 and a number of deficiencies including safety and registration certificates expired. The MCA became aware that he continued to fish despite the fact he had not renewed his registration. Furthermore, he continued to use his Port Location Number, implying his vessel was still registered when it was not.

Despite ongoing work by the Agency to work with Mr Bailey so his vessel complied with the law, he continued to fish without the required authorisation to do so. The MCA’s Regulatory Compliance Investigations Team then began its work leading to the court case in Truro.

He was also made to pay a victim surcharge cost of £30.

The Maritime and Coastguard Agency’s lead investigator, Mark Cam, said: “This is a clear message to those who don’t comply with the rules: we will investigate and we will prosecute.”

2. Man sentenced after serious fishing vessel collision off Shoreham

2.1 Defendant

Craig Petre

2.2 Date of Hearing

January 2021

2.3 Details

Craig Petre, aged 32, from Workington was today (June 1) sentenced at Hove Crown Court to 66 weeks imprisonment after a serious collision involving two fishing vessels off Shoreham.

The collision occurred during the morning of April 4, 2020 when the Oliva Jean, a 33metre fishing vessel, skippered by Petre collided with the much smaller (nine metre) Peter Paul II.

The Olivia Jean was travelling at between eight and nine knots at the time of the collision in weather conditions that caused poor visibility.

Heavy steel beams used for fishing were unnecessarily down at either side of the Olivia Jean while she was travelling making the vessel almost 30 metres wide. One of these beams hit the Peter Paul II causing damage to the vessel.

An investigation was carried out by the Maritime and Coastguard Agency’s Regulatory Compliance Investigation Team who summonsed Petre for offences under Section 58 of the Merchant Shipping Act 1995 Conduct endangering ships, structures or individuals.

Petre pleaded guilty to the offence at a hearing at Lewes Crown Court on January 14. At the time of this offence, Petre was on a 48-week suspended sentence which the judge today added to an 18-week sentence given for the latest offence and the sentences will now run consecutively.

Mark Cam, Lead Investigation Officer, from the Maritime and Coastguard Agency said: “Petre failed to heed several important international safety regulations at the time of the collision. The Olivia Jean was travelling at an unsafe speed for the weather conditions and Petre failed to maintain a proper lookout for other vessels.

“As a result, serious damage was caused to another vessel and the master of that vessel was also put at risk of serious injury or death.

“These regulations are there to ensure the safety of those at sea and it is unacceptable to breach them. We will always investigate and prosecute where necessary those who disregard regulations and put lives at risk.”

3. Skipper of cargo vessel fined after near miss collision with passenger ship

3.1 Defendant

Captain Kolapi Utime

3.2 Date of Hearing

August 27 2021

3.3 Details

The skipper of a cargo vessel has today (August 27) been fined after pleading guilty to causing a near collision with a passenger ship in a prosecution brought by the Maritime and Coastguard Agency’s Regulatory Compliance Investigations Team.

Captain Kolapi Utime, aged 64, of Viridian Square, Aylesbury, appeared before Southampton Magistrates Court today – and was fined a total of £6,384 after accepting responsibility for a near close quarter collision which occurred in Belfast Lough on 19 March earlier this year.

That Friday morning, Captain Utime was the master of 90-metre long cargo vessel, ‘Scot Leader’ – a vessel operated by Scotline – which had departed Belfast Port bound for the Lough.

On approach into the Lough, Captain Utime had been made aware of two fast-approaching ferries, ‘Stena Superfast VIII’, en-route from Cairnryan and the 214-metre long ‘Stena Edda’ – a vessel which was carrying 503 people onboard and travelling at 17 knots – after leaving the Port of Liverpool.

When approaching the Stena Edda, Captain Utime was found to have increased the speed of his own vessel – turning across the front of the Stena Edda, in what was contrary to the rules for preventing collisions, creating a close quarter situation and risk of collision.

Captain Utime continued with his turn and within minutes – before a potential impact – communicated with the Stena Edda, requesting that the vessel alter its course to port and pass behind his vessel, again contrary to good seamanship and collision avoidance. However, at that time, the Stena Edda had already begun to turn to starboard to avoid the collision.

When interviewed by the MCA on 11 May 2021, Captain Utime admitted to being responsible for this near collision, adding that his attention had been on the approaching Stena Superfast VIII ferry and that he had not properly assessed the speed of the Stena Edda and how close it was.

Mark Flavell, Lead Investigator with the MCA’s Regulatory Compliance Investigations Team, said: “This was a dangerous situation caused by the master of the vessel failing to adhere to the collision avoidance rules, which could have had disastrous consequences if a collision had occurred with the large passenger ferry.

“The MCA will always look to take appropriate and necessary action, prosecuting those seafarers who jeopardise others by showing a complete disregard for the laws of the sea. We want to send a clear message such offences are not acceptable and those unwilling to follow rules and regulation and improve standards of safety will face the full weight of the law.”

4. Fishing boat owners TN Enterprise Ltd fined after ignoring safe working regulations

4.1 Defendant

TN Enterprises Ltd

4.2 Date of Hearing

19 November 2021

4.3 Details

Owners of a fishing vessel who pleaded guilty to not complying with fishing regulations have been fined more than £60,000 at Southampton Magistrates Court.

TN Enterprises Ltd, the company which owns the scalloping dredger FV Noordzee were fined £66,000 and ordered to pay over £9,543.50 costs. The company admitted two offences of proceeding on a voyage without a valid certificate of compliance.

On 23 June 2021 the FV Noordzee was detained following an inspection by Maritime and Coastguard Agency (MCA) surveyors from Plymouth Marine Office. The vessel was released from detention following a re-inspection a month later. During the inspection the Vessel owners had provided to the Inspectors a list of qualified crew that were expected to sail on the next fishing trip.

The MCA’s Regulatory Compliance Investigation Team (RCIT) received allegations that regulations were being broken while the boat was out at sea following its most recent release from detention. Members of Survey & Inspection (S&I) and RCIT met the fishing boat when it arrived back in Brixham on July 28 to investigate those claims.

A further unannounced inspection was then carried out by Plymouth Marine Office who found crew members onboard without the required qualifications and no fresh drinking water available. These are breaches of regulations under the Fishing Vessels (Code of Practice) Regulations 2017.

TN Enterprises Ltd were summoned to appear at Southampton Magistrates Court on the 19 November 2021 and sentenced to the fine, costs and victim surcharge.

While sentencing, the magistrate Michael Burridge said it had been a deliberate disregard for fishing regulations. He added it was the whole responsibility of owners and operators to make sure vessels were safe workplaces and compliant with regulations as safety at sea is paramount.

This is the result of a very quick short notice deployment arranged between S&I and RCIT in order to react to seafarer’s genuine complaints of poor treatment and conditions on board this vessel. It demonstrates that some operators are willing to go to sea knowingly breaching the Regulations placing crew and vessels in danger.