If you go to catch plaice, you will catch sole, and if you go to catch sole, you will catch plaice

Michael Brabin, Plymouth Trawler Agents

The judge adjourned sentencing until 1000 GMT on Friday.

The 10 fishermen were: Malcolm Saunders, 44, of Mevagissey; Anthony Donaldson, 37, of Newlyn; Kevin Briggs, 40, of Padstow; Richard Chamberlain, 29, of Gunnislake; Gary McEntee, 38, of Wadebridge, Stephen Rogers, 33, of Brixham; Anthony Shine, of Brixham; Paul Oldham, 32, of Torpoint; Derek Meredith, 33, of Brixham; Arnold Henrikson, 42, of Brixham.

The men worked on boats owned by fellow defendants Norris Bros of Brixham, Evert M Ltd of Jersey, I. F. Ltd of Exeter and Barentzee of Brixham.

The fish were sold through Plymouth Fish market, run and owned by Plymouth Trawler Agents, which was also a defendant.

Dwindling stocks

Mary McCarthy, prosecuting, said quotas were brought in through Commons Fisheries Policy because "fish stocks in European waters are under great pressure due to overfishing."

She said the system relied on accurate and truthful reports with log books completed to show a day's catch and landing declarations covering all fish brought ashore from a trip.

However in this case, when the skippers caught and landed fish which was in excess of their quota allowance, they did not declare it to the then Ministry of Agriculture, Fisheries and Food.

The fish was sold through Plymouth Fish Market where it was incorrectly recorded as other species and sold in special lots prefaced with the number "9" to show buyers they were "blackfish".

Policy 'problematic'

She said the failure to declare the fish "could only come about due to connivance between the masters and the Plymouth Trawlers Agents."

Michael Brabin, for Plymouth Trawler Agents, said it was a co-operative organisation which took over the fish market at a time when "it was thought Plymouth was going to die as a port."

He said as a protector of fish stocks, the Common Fisheries Policy was effective as a broad tool but "as a fine tool is full of problems."

He said beam trawlers picked up whatever species were on the sea bed and by the time the fish reached the surface it could not survive.

Spare quotas

"If you go to catch plaice, you will catch sole, and if you go to catch sole, you will catch plaice," he said.

He said at the time of the offences in 2000, fish outside of the quota had to be thrown back dead into the sea, but now boats could easily buy spare quotas over their radios for any extra fish caught.

In mitigation, the court heard that one of the owners I.F. Ltd had plenty of quota left in 2000, but had "inadequate administration and controls."

Robert Penrose, representing I.F. Ltd, also told the court that as a result of the offences the company had made a loss, not a profit.