A Dingle tuna fisherman was found not guilty yesterday in the first criminal trial to be brought under new EU fisheries laws on limiting drift-net fishing.
Judge Desmond Hogan said the condition on a permit - that the master of a ship should give a fisheries officer at least two hours' notice of the ship's planned location and time of arrival - might not meet the restrictions which fisheries officers required. He said it was not his place to tailor-make the conditions to suit fishery protection officers' needs.
Tralee Circuit Court heard that Mr Arthur Hand (36), a tuna fisherman, had contacted one of two fisheries officers in Dingle to tell him he would be ashore on the night of August 22nd, 1999. The call respected the two-hour parameter. The officer was off duty and he asked Mr Hand to phone an on-duty officer. As there were rough seas, Mr Hand did not phone.
When the other officer found Mr Hand off-loading tuna, the boat was impounded and he had to secure a bond of £35,000 to get it released. Judge Hogan said the legislation did not say the fishermen had to inform the officer on duty. It said "a" fisheries officer. The accused had contacted "a fisheries officer".