To appraise Members of a new DEFRA scheme to administer financial penalties for fisheries offences. The scheme will initially only apply to Common Fisheries Policy (CFP) offences.

1.1 Fisheries Administrations in the UK have been meeting on a regular basis for the past year to develop policy proposals on an administrative system for dealing with fisheries offences in the UK, which also takes into account differences within the legal system.

1.2 The main objective for introducing a system of administrative penalties is to improve enforcement by providing a means of sanctioning which, in comparison to the existing system could:

1.3 Fixed penalty notices will therefore be issued as an alternative to criminal prosecution in certain circumstances. The administrative system will complement the existing criminal system rather than replace it, as a person will be under no obligation to pay the penalty if he wishes to have the matter dealt with in court in the usual way.

1.4 Where applied, the system is likely to have the following benefits:

2.1 The scheme is due to come into force on 1^st April 2008. In order to ensure consistency of application during the first few months, all fixed penalty notices will be authorised by the District Chief Inspector in M&FA Headquarters. Those notices will initially be in respect of offences relating to the Common Fisheries Policy, but subsequently will cover domestic fisheries offences (Statutory Instruments). Consideration is also being given to extending administrative penalties to SFC byelaw offences.

2.2 For consistency of approach it is proposed that the scheme will also encompass EU offences detected by Sea Fisheries Officers. SFCs will deal with these offences in the same way as offences detected by M&FA Officers.

2.3 The lowest level of penalty has been proposed as £250 for a first offence of a minor nature, ranging to £4000 for a second offence of a more serious nature. Further offences would be referred for prosecution where the maximum fine is currently £50,000.

3.1 Before the scheme comes into effect, many internal administrative procedures will need to be agreed; otherwise I foresee disparity in penalties awarded for SFC byelaw offences in relation to CFP offences. However it should be noted that in recent prosecutions taken by SFCs the penalties awarded by Magistrates have been broadly in line with the fixed penalties proposed by DEFRA.

3.2 Standardised offence reporting procedures will need to be agreed, in order to ensure consistency in application of penalties.

3.3 EU Regulations set minimum landing sizes [mls] for many species and CFP offences pertain to fish caught from a vessel. There is no clear statement on how to deal with offences relating to mls which are committed by shore based anglers, or offences arising from the use of beach set nets. I foresee SFC Officers having to deal with the more complex inshore offences rather than the clear cut offshore vessel offences.

3.4 Whilst SFCs broadly endorse the decriminalisation of minor offences, the Administrative Penalties scheme requires that evidence is gathered and presented to the same high standard as for a full Court prosecution, but without any mechanism to recover investigative and administrative costs. Whilst the recovery of costs is not a particularly large revenue stream, it is nonetheless a significant income for cash strapped Committees. All monies generated through fixed penalties are collected into central funds.

3.5 The scheme will be applicable in both English and Welsh waters.

3.6 In a response to the consultation document, Officers have raised the issues at 3.1 - 3.5, and are mindful that much has to be agreed in a very short timescale.