The Cellardyke Echo – 1/4/2021 – Issue 280

1935

ANCHORED AT MAY ISLAND

Port Seton Skippers Fined

FATHER AND SON CHARGED

The trial took place at Cupar Sheriff Court yesterday of Thomas Donaldson , skipper of the motor fishing boat Cockenzie Lass , and Thomas Donaldson , jun ., his son , skipper of the Mary , both residing at 9 Seton Place , Port Seton , They were charged that between 7 . 30 p.m. and 9.45 p.m., on March 7, about one hundred yards east of May Island , being within the exclusive fishery limits and on ground where net fishing was actually going on ( 1 ) They anchored their boats ; ( 2 ) placed the boats in such a way as to interfere with fishermen who had already commenced their operations and caused damage to the herring drift nets of the boat Winaway in the charge of John Muir Gourlay fisherman , 14 East Forth Street , Cellardyke; ( 3 ) the boats , being under 150 feet in length and anchored , they failed to exhibit the regulation white lights visible all around the horizon for a distance of one mile . Evidence was led at length and in the course of the examination of the first witness the Fiscal dropped the third charge. The first charge was found proved and each accused was fined £3. The Sheriff said the second charge involved a conflict of evidence as to the cause of the damage to the nets, and had not been proved.

DRIFTED TOWARDS RING-NET BOATS

Gourlay, in evidence, said he was part owner and skipper of the Winaway. He had shot his herring nets, and drifted towards the ring-net boats. He came so close to them that he had to shout, “Get ahead out of our way, and let us haul in our nets.” He thought the ring-net boats were working, and he called out, “You know you can’t ring there when we are hauling our nets.” One of the ring-net boats was anchored down and the other boat was made fast to it. Witness’s nets were fouled by the anchor rope. He cried to the ring-net boat to slip their anchor, and they replied, “If we slip it we will lose it.” “Better lose your anchor than destroy my nets” he said.

The ring-net boats were showing navigation lights. He had 12 nets destroyed, costing £11, 7s. 6d. Captain J. Wright, Fishery Board officer, said the Cockenzie Lass and the Mary had no right to be anchored where they were.

Cross-examined, he said he would not like to say that there was a-feud between ring and drift-net fishermen. There was certainly a lot of feeling between them, and on the 16th of next month an inquiry was to be held into the matter. He was certain the damages to the nets was done by the Cockenzie Lass and the Mary.

“TRESPASSING”

For the defence, Thomas Donaldson, sen ., said he heard the Winaway say , ” Wellspring, ahoy, you are tearing our nets .” The Wellspring replied, “You are tearing your nets yourself. They are fast to the ground. “The Wellspring lifted her anchor and the nets were round her anchor chain. If he had known that there were any drift-net boats about he would not have anchored. Cross-examined, he said he never had a net over that night. He never thought the Winaway’s nets were so close to the May Island. Most of the damage was done before the nets came to him. He put down his anchor in order to have a cup of tea, intending to start if anything were doing.

Sheriff Dudley Stuart-Did it ever occur to you that you were trespassing?—No. I thought it was anchorage ground there. Are drifters forbidden to fish there? Donaldson said he could not answer. Wm. Thomsonone of the crew of the Cockenzie Lass, said the nets came upon them “that quick that we could do nothing.” No damage was done to the nets by his boat’s anchor. Thomas Donaldson jun. said there were about 30 ring-net boats anchored at the-May that evening.

Sheriff Dudley Stuart, in announcing his decision, said he did not propose to take-any notice of the controversy between ring-net and drift net fishermen. ‘

(The start of the enquiry a few weeks later)

SEINE-NET FISHING INQUIRY FIFE SKIPPERS’ EVIDENCE

A public inquiry for the purpose of ascertaining whether or not the byelaw; relating to the seine net fishing the Firth of Forth should be confirmed by the Secretary of State for Scotland was continued today in Parliament House, Edinburgh. The inquiry is conducted by Sheriff R. H. Maconochie, K.C. The case for the fishermen who support the byelaw is being conducted by Mr W. A. Murray, K.C., and Mr T. P. McDonaid, instructed by Alexander Morrison & QC, W.S., Edinburgh, and G. Martin Gray, solicitor, Aberdeen. The ring net fishermen, who object to the byelaw, are represented by Mr R. Morrison, advocate, instructed by Allan McNeil &- Sons, W.S., Edinburgh, and Mr David Chapel, solicitor, Arbroath. When the proceedings resumed to-day the courtroom was again well filled with fishermen.

William Watson, skipper of the motor boot Sunbeam, in examination, said he was fishing within three miles’ radius at Fife Ness last month. He put out anchor nets and went ashore. When he returned the following morning he found eight buoys left out of 23. The buoys were stabbed or cut. He said was quite possible for ring net fishers to keep clear of anchor nets during the night, as they had good enough lights to see the nets were there.

“Willful Damage.”

In his view the damage was wilfully and maliciously done.

David Smith, of Cellardyke, skipper of the Violet Star, said while the ring nets caught all sizes herring, the drift net caught only the mature herring. In his view was not possible for drift net fishing and ring net fishing to be carried on together without causing damage. If continued the result would be that the drift net fishing would be cleared out of the area.

The ring net boats fished only in fine weather, and then they caused a glut the market and prices came down.

Alexander Doig, Cellardyke, master of the motor boat Orion, his evidence stated that some of his anchor nets were damaged by ring-netters in the bay at the east end of Cellardyke. He lost. 18 nets, and it would take £40 to replace them. There was no doubt, he said, that the damage was done by ring-net fishermen who took off the buoys and allowed the nets to sink.

Skipper James Hughes, Pittenweem, of the motor boat Economy, said that ring nets usually fouled the drift-nets. Both types of nets were used in the Forth, and, as far he was aware, prosperous returns could not made on either.

1936

ANSTRUTHER HARBOUR RULE BROKEN FISHING SKIPPERS’ CONTRAVENTION

Entered Port Against Flag Signal

Fishing skippers from Fife and northern ports were charged before Sheriff Dudley Stuart to-day with breaches of the regulations pertaining to Anstruther Harbour.

The charges against them alleged that they failed to regulate their vessels (steam drifters and motor boats) which had a draft exceeding seven feet according to the direction of the Harbourmaster at Anstruther in bringing them into harbour on various dates in March at flood tide when the red flag was showing on the West Pier Lighthouse.

The prosecutions were under the Harbour Docks and Piers Clauses Act, 1847.

Accused were John Muir, West Forth Street, Cellardyke; Alexander Muir, John Street, Cellardyke; Joseph Wilson, James Street, Cellardyke; Charles Foreman, skipper of the Peterhead drifter Renown; George Anderson, skipper of the drifter Lemnos; George Herd, skipper of the steam drifter Cloverdale; John Sutherland, skipper of the motor fishing boat Benison, and James Brunton, James Street, Cellardyke. Pleas of not guilty were advanced on behalf of Alexander Muir and Charles Foreman and their cases were continued until 5th May.

Warning to Others.

Mr R. C. Davidson, solicitor, Cupar, who conducted the prosecutions on behalf of the Anstruther Harbour Commissioners, said that he did not ask for a severe penalty and suggested that the expenses should be paid the accused. Those prosecutions were being brought as a warning to others. The regulation was enable smaller boats to get into the harbour first, congestion occurring when all the boats tried to get in at once to land their catches.

Those who pleaded guilty were each ordered to pay 25s expenses. Similar charges against John Donaldson, skipper of the motor boat Daisy; Joseph Campbell, skipper of the motor boat Fountain; Andrew Anderson, Abbey Wall Road, Pittenweem, were withdrawn.

John Muir said that there were a lot of boats going before him, and not one of them was pulled up, and they thought that they were entitled to go in as well them. He said that at all the ports he had been if the flag was against them no boats could get in. He then asked if the harbourmaster had any right to “cry” in any boat. Joseph Wilson said they were all coming in with the red flag up. They did not know how they were working with the harbourmaster.

“Pushed Into Harbour.”

Then the case of Charles Foreman was called, his Lordship read a letter From foreman, which was to the effect that he was pushed into the harbour by the weight other boats. Accompanying this letter was medical certificate stating that Foreman was unfit to appear. His Lordship reminded the Court of his comments on such a certificate a week ago, and said “Again I say that this certificate is not according to form. It is not on soul and conscience.”

He treated the letter as a plea of not guilty, and continued the case until 5th May, along with Alexander Muir. On behalf of George Anderson, Mr David S. Shaw, solicitor, Cupar, said that all the other boats were doing it, and this man also did it. Mr Shaw commented that the man who broke the rule and got into the harbour first got his catch away early. It was the custom most harbours to hoist flags indicating the depth of the water in the harbour. The exception was at Anstruther, where only a red flag was hoisted when no boats could come in. A similar explanation was advanced Mr Shaw on behalf of Herd, and, referring to Sutherland’s case, Mr Shaw said that he was close into the harbour and did not have sufficient time to stop his boat.  He drew up at the harbour mouth, lay there for an hour, and watched other boats coming in against the red flag. He saw a man whom he was sure was the harbourmaster signalling him in, and then came into the harbour.

1939

The Boat Tavern had been up for sale in 1938 and in 1939 John Wilson Spirit dealer 16 John Street Cellardyke was granted the licence for the public house at 14 John Street.

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