In August 2010 Greenpeace revealed how five fishermen from the Danish fishing port of Gilleleje had been fishing for more than five months in an area totally closed for fishing. By using GPS trackers, Greenpeace proved several ventures of the fishermen into this area – an important spawning area for cod.
Today three of the five fishermen were convicted in Østre Landsret. One of them got a small fine of €400, another one must pay €1800 and the last and biggest fine was set at €8400 . In addition to the fines, the value of the catch from the illegal fishing has been confiscated from all three fishermen.
The outcome of the case was delayed as the defence had raised doubts concerning the legality of the protection of the area where the fishermen had been fishing. However, it is now clear that the protection is in line with EU rules. Even though the case has been pending, I still believe the High Court should have confirmed the size of the fines that were previously set by the district court of Helsingør. These fishermen were aware that they were fishing in a protected area. The fact that this case has taken a while does not change the fact that they have actually fished illegally and the fishermen should be punished accordingly.
Pirate fishing is unacceptable, and I am glad that the work of Greenpeace has been a determining factor in putting the spot light on it. Our action led to a political focus on illegal fishing, it helped change the rules and resulted in up-scaling control. Still, the cod stock is in serious trouble. Even though there appears to be an increase in small cods in Kattegat, the discard in trawl fishery is larger now than it has ever been.
The evidence provided by Greenpeace lead to immediate reactions from decision makers. In 2010, the Danish Minister of Food, Henrik Høegh (V), said that pirate fishing was unacceptable and promised more strict sanctions unless the illegal activity was stopped straight away in this area. However, the fishermen did not take his warnings seriously, as few months later – in October 2010 – a fisherman was caught trawling in the protected area. The minister reacted instantly by demanding that the ship stayed in port for one month while some of the fisherman’s fishing quotas were confiscated.
Henrik Høegh was asked to hold a political hearing, where he explained how the authorities would ensure illegal fishing was not taking place. In Sweden the Fisheries Minister was furious. Besides the five fishermen identified by Greenpeace, the authorities revealed that five additional fishermen were involved in illegal fishery. In total this led to 10 legal cases.
The District Court as well as the High Court have ruled that the documentation from Greenpeace contained data of a quality good enough to be used as evidence in court. and it will be used accordingly, when another of the fishermen from Gilleleje will appear in the High Court on 19 March. This case is based entirely on evidence coming from Greenpeace, as the vessel involved was not required to have the authorities’ surveillance system, VMS.