Bass compensation ‘could run to millions’

An inshore fisherman who has successfully overturned a 2016 decision that he was not eligible for bass entitlement on his licence has created a real stir in many inshore fishing ports, with a host of other vessel owners now rechecking their own records from the time, to see if they too can make successful appeals.

The fisherman in question made a formal complaint to the MMO that he had incorrectly been refused a bass entitlement, citing as key evidence the recording of bass he had landed, caught by rod and line, in the wrong gear segment.

His formal complaint was upheld, after a lengthy investigation, which cross- checked landings records, financial records that included the purchase of fishing gears, and records of the merchant that had purchased his fish.

The key piece of evidence, said the letter upholding his complaint, was that data on the MMO system had been incorrectly entered: “After launching an access to information request on xx/xx/xx, we found out that there are multiple gear type errors in the data. The data shows ‘GN’ when it should be ‘LX’.”

The successful complaint, commenced in 2023, means that the fisherman will now receive a bass entitlement on his licence. The implications, however, for swathes of the inshore sector in England and Wales could be ‘huge’, said outgoing NUTFA director Jerry Percy.

The next couple of weeks threaten to be very busy as NUTFA seeks to wind down. Both Jerry Percy, and Sarah Ready, who announced her retirement previously, reiterated their commitment to ‘see through’ support to individuals involved in fighting to regain bass entitlements, as well as to support ongoing fights for compensation and redress over the ML5 fiasco.

With his phone running ‘red hot’ over the bass entitlement issue since word got out, Jerry Percy said: “We’ve had legal advice that there is a possible opportunity for a collective action from licence holders incorrectly denied entitlements. It could run to millions if you consider the losses that fishermen have incurred by not being able to fish for bass!”

Many inshore owners sold up and left the industry after losing appeals for bass entitlements back in 2017. One such owner, who sold their fish through Brixham Trawler Agents, and had submitted multiple sales notes for the bass in 2017, told FN that not only would they be reopening their own case, but seeking compensation for the entire affair, including the devalued price received for the licence, which had contributed to them leaving the industry.

FN contacted the MMO with a request to confirm the number of other ‘live’ investigations underway – new complaints, rather than the multiple appeals back in 2017 that were rejected.

A spokesperson for the MMO, whilst confirming that ‘fishers have the opportunity to ask us to reconsider bass authorisation decisions with the option to submit new evidence to support a claim’, added: “Currently the MMO has one ongoing challenge to bass authorisations.”

‘Robust’ evidence needed for claims

The successful formal complaint to the MMO – made after exhausting the initial channels to overturn the decision that the fisherman in question was not eligible for a bass entitlement – throws up a number of issues that will be of interest to others in the same position.

The MMO adjudicator indicated that the considerable length of time between the original track record period in 2016, and current appeals, was not relevant. Although licence holders were told in 2017 by the MMO that the appeals process was closed, this decision has been reversed.

The adjudication said: “In 2019, government decided that the option of submitting new evidence should be kept open; this is still the current situation.” It added: “Seven-year-old evidence can still be submitted, but must be verifiable. The MMO accept that an entry from 2016 was not entered on the system until 2017.”

To appeal the process successfully, however, licence holders will likely have to demonstrate, from their own financial records, information including:

Sales notes for bass during the 2016 reference period
Purchase invoices for appropriate bass fishing gear used at the time
Records that these landings had been submitted to the MMO.

This must all, says the MMO, be ‘robust’, and also verifiable by cross-checking with both internal financial records and with fish salesmen or other companies that recorded and reported the fish that they purchased.

This story was taken from the latest issue of Fishing News. For more up-to-date and in-depth reports on the UK and Irish commercial fishing sector, subscribe to Fishing News here or buy the latest single issue for just £3.30 here.

Sign up to Fishing News’ FREE e-newsletter here.