Fine for Donegal fisherman who did not know his UK boat had to be on Irish register

A fisherman with an address in Gweedore claimed that he did not register as Master of his UK boat in Ireland due to the official website not being clear on his obligation to do so.

His solicitor Diarmuid Barry said that while ignorance of law was not a defence, the relevant 2022 amendment to legislation was in his opinion, ‘a bit of bureaucratic nonsense.’

Paul Jarleth Ferry, of Magheragallon, Gweedore was before An Clochan Liath / Dungloe District Court on Tuesday, January 13. He faced a charge that on dates between March 29, 2025 and April 30, 2025 inclusive, he took charge of a foreign sea-fishing boat, namely the Alannah Rile, without being registered in the Irish Fishing Master Register. The offence is contrary to Section 15F of the Sea-Fisheries and Maritime Jurisdiction Act 2006 as inserted by Section 6 Sea Fisheries (Miscellaneous Provisions) Act 2022. 

State solicitor Kieran Dillon outlined that on April 30, 2025, inspectors boarded the vessel and cautioned Ferry. 

“They asked if he was registered with the Irish Fishing Master Register,” outlined Mr Dillon. “He said no, he had done a course and the course didn’t mention it.”

The solicitor said that Ferry had confirmed that he was Master of the boat on the relevant date.

“The offence is that he was not registered as an Irish citizen who was Master of the vessel on the relevant date,” he said.

Solicitor Diarmuid Barry was representing the defendant who was not present in court due to being at sea. Mr Barry said that his client was pleading guilty, but that he wished to make a submission on his behalf. 

“It is a very technical matter,” explained the solicitor, handing in a copy of information on legislation which was downloaded from the Sea-Fisheries Protection Authority (SFPA) website.

“This vessel is registered in the UK,” he said. “When my client was approached in Castletownbere, the officers spoke to him and advised that there was nothing more to it. He went ahead and registered on the Irish Fishing Master Register.

“While appreciating that ignorance of the law is no excuse, the department’s own website indicated that he had not committed any offence. 

“He is a very well qualified skipper.”

Judge Emile Daly asked: “So he is aware that if it was an Irish registered vessel, he had to be registered, but thought not if it was a foreign vessel?”

Mr Dillon said: “The legislation is clear, I don’t see what Mr Barry is talking about.”

Mr Barry replied: “It is a very technical matter.”

The judge pointed out: “Everybody says that about fishing.”

Mr Barry responded: “Fishing is very technical. This is a good example. It is a very technical offence. I would apply for it to be dismissed.”

He told the court that a conviction was a very serious matter for a skipper.

“He was under the impression that with the vessel being registered in the UK, registration on the Irish Fishing Master Register did not apply to him,” he said. “This is the man in the street, downloading the legislation from the website. 

“Conviction should not be applied in this case.”

Judge Daly responded: “That is based on the premise that somebody who is a very experienced skipper can just get into a foreign registered vessel and take off wherever he wants.”

Mr Barry said that when his client was spoken to by the officers, they didn’t see any problems.

This was disputed by Mr Dillon, who said: “He was informed that a summons would likely follow. I am sure there are other sections on the website that apply to foreign vessels.”

Mr Barry stressed that his client had corrected matters regarding registration as soon as it was brought to his attention.

“He was gobsmacked when the summons issued,” said the solicitor.

He explained that in 2022, an amendment was made to the relevant 2006 act. 

“It is a bit of bureaucratic nonsense in my opinion,” said Mr Barry. “I am not saying ignorance of the law is an excuse.”

In considering the severity of the fine, Judge Daly asked about Mr Ferry’s means.

Mr Barry replied: “You read the press, the state that the fishing industry is in. It depends on the trip, the catch.”

The judge imposed a conviction, finding Ferry €500. 

“It is not an appropriate case to dismiss,” she said. “These things are regulated for a reason. 

“That is the best I can do for him.”

Recognisance was set at a bond of €150 in the event of an appeal being lodged.