Fisherman in prison, tried for sailing in an illegal zone: “the sea cannot be controlled”

Le pêcheur a été relaxé. ILLUSTRATION Midi Libre – PHILIPPE MALRIC

Le pêcheur a comparu ce vendredi 14 juin.

Un habitant d’Aigues-Mortes a comparu ce vendredi 14 juin pour avoir pêché avec un chalutier dans la zone des trois miles nautiques. Le parquet a requis une amende de 1500 euros. Le pêcheur est relaxé.

Sentenced to a fine of 3,000 euros and a ban on exercising for three years, a fisherman from Grau-du-Roi was again tried in criminal court this Friday the 14th. ;June, after having opposed his judgment. He was the subject of a maritime affairs inspection on February 15, 2022 in the Palavas sector. The inspection showed that he was fishing without respecting the 3 nautical mile band. This protected area is in principle prohibited certain fishing, trawling is generally prohibited. Only fishermen from small boats or those who harvest a single species of fish are authorized to navigate and fish in this three nautical mile zone.

Fishing in prohibited areas

Facing President Samuel Serre, the fifty-year-old explained why he had opposed the judgment. It essentially indicates that he was a victim of bad weather and found himself inside the three-mile band despite himself. And when it took time to carry out a maneuver, he was unable to change sectors while Maritime Affairs carried out their control. The defendant also assures that despite his presence in the prohibited zone, he was not really fishing. "The problem is that it’s not the first time", observes President Serre. "The sea doesn't matter", says the fisherman, emphasizing his difficulties in working, his debt, his significant expenses and qualifies his background by noting that he has not had only "four procedures in 35 years of activity". "We can blame you for going fishing in this weather".

No intentional element

David Malicot, the deputy public prosecutor, recalled that this ban on fishing was a rule to be respected in particular to protect ecosystems. This zone allows  "deposits" of fish to replenish themselves. Me Pellegrin, the defendant's lawyer assured that there was no intentional element in the offense because the fisherman had found himself in the area due to bad weather. After deliberation, the accused was acquitted. The president indicated that the intention to commit the offense was not established.

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