Accord M90: The vessel upon which the crimes were committed

THREE fisherman appeared at Haverfordwest Magistrates’ Court on Monday (Mar 21) to face multiple charges, relating to fisheries offences committed in March and April 2014, and November 2013.
42-year-old Lee Wonnacott of Richard John Road in Milford Haven, and Mark Alberry of Gloucester Terrace in Haverfordwest, both pleaded guilty to dredging fishing contrary to restrictions, and contravening an order relating to the regulation of nets and other fishing gear.
​​Also in the dock was​ Timothy Bowman-Davies​ the owner of​ ​TBD Fishing Limited, who pleaded guilty to six offences of the same nature.

Prosecuting the case on behalf of the Welsh Government was James Subbiani, who told the court that the charges related to breaches of scallop fishing and prohibition fishing methods.
He said that the fishing vessel that Wonnacott and Alberry were sailing upon, Accord M90, was owned by a local company, TBD Fishing Ltd.
He said: “Between November 22 and 25, 2013, they left Fishguard Port and travelled to Cardigan Bay. They were undertaking fishing activities – a significant part of which was conducted in closed areas under the 2010 order of the Sea Fish (Conservation) Act 1967.
“They took a number of tows, then moved to North Lleyn. Here, a number of horse muscles are protected, and all fishing is prohibited: That area was targeted.”
On that occassion, the Accord M90 was skippered by Alberry. Mr Subbiani said that it “seems” to be that he deliberately targeted the prohibited area, due to the greater yield.
My Subbiani explained that analysis has shown that the areas that are closed to fishing have recovered significantly, and provided research to show that the scallops harvested, which were landed at Bangor, Gave a profit of over £3,000.
He said: “The offences came to light when fisheries officers analysed that tracking data. This is done under two systems called VMS Plus and Sucker Fish. The analysis identified this trip.”
The court heard how Alberry declined requests for interview, and difficulties arose relating to the identification of the skipper at the time of the offence.
Mr Subbiani took that moment to thank TBD Fishing Ltd for their compliance, and providing evidence relating to the identification to the skipper so that the prosecution could go ahead. However, due to the company being liable for the action of the skippers, this action landed the company in court in addition tot he skippers in doing so.
Mr Subbiani went on to say that on March 26 and April 4, Wonnacott was the skipper. A research vessel was undertaking work to ascertain information regarding the amount of scallops in Cardigan Bay, and that the outcome was that they found there had been a significant yield.
He said: “On April 4, 2014, support officers saw the vessel actively engaged in fishing activities in an enclosed area, and the Accord M90 was photographed.
“Wonnacott said he fell asleep and the vessel wandered into the enclosed area.”
He continued: “The Welsh Government Fisheries Office undertook further analysis, and found another trip on March 26.
“Cardigan Bay is a place of conservation, and has the highest levels of protection for sea beds, reefs, dolphins and whales. On too many occasions, I come to court as vessels have strayed.”
Mr Subbiani told the magistrates: “I have prosecuted Wonnacott before after he had been fishign in Cardigan Bay. He pleaded guilty to two offenced and was fined £7,000 – it seems he has not learnt his lesson.”
​T​he court also heard how TBD Fishing Ltd have taken steps to ensure that this will not happen again, but no longer engaging in scallop fishing, and not allowing anybody other than the owner, Timothy Bowman-Davies or his son be the Master of a vessel.
Defence solicitor, Mark Layton said: “Timothy Bowman-Davies is the owner of the company, and through this dredging gained just under £10,000. However, the accounts ending May 31, 2014 and May 31, 2015 show a loss.
“There was a slight profit in 2013, but in 2014 suffered a huge loss in excess of £50,000. This attributes to the business venture relating to scallop fishing.
“TBD Fishing Ltd have never appeared before court in the past, and although Bowman-Davies is in the dock, he also appears as a prosecution wistness, in effect, against himself..”
Mr Layton told the court how Bowman-Davies had explained who was on board and how much was made, and he instructed the to go to Milford Haven’s Fisheries Office to make sure they understood the legalities of dredging for shellfish.
Mr Layton said: “He believed they would know where to go, and said that they were experienced fisherman and does not condone illegal fishing. Now, only he and his son are in control of the boats, and they no longer fish for scallops.
“It’s like someone having a company car and going for a frolic – he had no control over the skippers or what they were doing as he was not there.”
After considering the evidence, magistrates fined TBD Fishing Ltd a total of £2,000, and ordered that the company pays £100 victim surcharge and £763.50 costs to the Crown Proscution Service.
Both Lee Wonnacott and Mark Alberry must pay a fine of £1,000 each, and each pay a victim surcharge of £100 and costs to the Crown Prosecution Service of £763.50.