MMO secures second MPA byelaw prosecution after court conviction for illegal net fishing in Canyons Marine Conservation Zone
Court Conviction Over Illegal Gear Use in Canyons MCZ
The Marine Management Organisation has secured its second successful prosecution for breaches of Marine Protected Area byelaws, following a guilty plea at North Tyneside Magistrates Court relating to illegal fishing activity inside the Canyons Marine Conservation Zone.
On 29 January 2025, Marcos Gonzales-Rivera, a Spanish national and master of the British-registered fishing vessel Brisan FD9, pleaded guilty to using anchored nets in a prohibited area of the Canyons MCZ. The offences occurred during January 2024.
The prosecution marks the MMO’s second enforcement success under its MPA byelaw regime, reinforcing its approach to evidence-led regulation in protected waters.
VMS Evidence and Prohibited Fishing Gear
According to the MMO, Brisan entered the Canyons MCZ on three separate occasions during January 2024 while deploying set gill nets. Vessel monitoring system data showed movement patterns consistent with the setting and hauling of anchored nets within the protected area.
The use of such gear is prohibited under The Canyons Marine Conservation Zone (Specified Area) Prohibited Fishing Gears Byelaw 2022. The byelaw was introduced to prevent damage to sensitive seabed habitats and associated species within the MCZ.
The MMO said the VMS data provided clear and reliable evidence of the activity, allowing enforcement action to proceed despite the absence of direct observation at sea.
Sentencing and Mitigating Factors
The 53-year-old vessel master was given a 12-month conditional discharge. He was also ordered to pay legal costs and a victim surcharge, bringing the total financial penalty to £1,688.
In reaching its decision, the court took into account several mitigating factors. These included an early guilty plea, the defendant’s previous good character, immediate remedial action once informed that the area was an MCZ, and the fact that no further offences had been committed in the two years since the breaches took place.
Environmental Significance of the Canyons MCZ
The Canyons Marine Conservation Zone protects a range of vulnerable marine features, including deep-sea bed habitats, cold-water corals, and sea-pen and burrowing megafauna communities. These habitats are considered particularly sensitive to physical disturbance from certain fishing gears.
The MMO has consistently argued that strict compliance with MPA byelaws is essential to allow these habitats to recover and to prevent long-term ecological damage.
MMO Signals Continued Enforcement
Sean Douglas, Head of Regulatory Assurance at the Marine Management Organisation, said the case underlined the organisation’s enforcement approach.
“This successful prosecution demonstrates MMO’s continued commitment to evidence-led enforcement of MPA byelaws,” Sean Douglas, Head of Regulatory Assurance at MMO, said. “We are pleased the court reached a proportionate outcome. Our MPA byelaws exist to protect and support the recovery of vulnerable habitats and species. We will continue to hold those who breach them to account.”
Context of Previous Prosecution
The case follows the MMO’s first successful MPA byelaw prosecution in May 2025. That earlier case resulted in fines, victim surcharge, and costs totalling more than £40,000 after illegal bottom towed fishing activity was detected within the Offshore Brighton Marine Conservation Zone.
Taken together, the two cases indicate that MPA byelaw enforcement is moving from policy into practical application, with further prosecutions likely where evidence supports action.
