TRAWLING IN THE GULF.

Auckland Star, Volume LVII, Issue 144, 19 June 1926, Page 9

TRAWLING IN THE GULF.

CHARGE AGAINST MASTER. ALLEGED BREACH OF REGULATIONS. John Veale, master of Sanford's trawler, The Countess, was sued at the Magistrate's Court for an alleged breach of the regulations prohibiting trawling in a portion of the Hauraki Gulf. The case was partly heard yesterday afternoon and continued to-day before Mr. E. C. Cutten, S.M. Mr. V. N. Hubble prosecuted for the Marine Department; Mr. E. H. Northcroft appeared for Sanfords. Ltd. (owners of the trawler), and Mr. Selwyn Mays represented the master (John Veale). Regulations made by Order in Council, dated September 23, 1919, defined the prohibited area as that portion of the gulf bounded on the north by a line extending from the north head of Cabbage Bay to Tiri Tiri lighthouse and thence generally on the north east by a line extending on the most southerly point of the north Mahurangi Heads. In outlining the case for the Marine Department, Mr. Hubble said the charge had been brought under the regulations dated December 23, 1919, which state that no persons shall use a trawler, net, etc., within the limits set down in the charge. Any person so doing was liable to a fine not exceeding £20. Another section said that all boats, fish, tackle, etc., used in an unlawful way shall be forfeited and disposed of as the Minister thought fit. "The inspector arrested the boat," said Mr. Hubble. "Later it was handed over ti, tlie owners (Sanford and Co.). on their undertaking that the boat would be handed over to the Minister if the company was called upon to do so. Mr. Cutten: Is forfeiture made whether the Court orders it or not T Mr. Hubble: There is no case on record where it has been refused. Inspector's Story. Eric Ronald Murray, assistant inspector of fisheries, said that, on April 14, he followed the trawler in his launch. She was standing inside the line when he first sighted her at 5.30 p.m., and the course was set inwards. He took bearings to get the true trawling line between the lighthouse to Cabbage Bay, and found that his estimates were correct. The launch held a straight course along the line at a speed of eight knots for about half an hour. It was an hour and ten minutes before the launch, aiming to overtake the trawler, got alongside. The trawler was hailed to heaveto, but there was no response, and it set a course NJN.E. After the launch had ben following the trawler for about ten minutes longer, it slowed up, and he got into a dingy. The trawler left him, and he had to climb on the launch again for another ten minutes. Eventually he boarded the trawler and said to the master: "I suppose you know you are inside the line ?" The master said "I don't think so. Wait until I see." The inspector and the master then took bearings on the trawler's steering compass. To Mr. Mays: I think the trawler could have stopped immediately. I could ' not say whether the fact that she was 2Pat-iie_e(l m the port quarter would prevent a sudden stop. Questioned by Mr. Northcroft, witness said that, to his knowledge, the launch's bad not been adapted. He admitted, however, that a small compass might not always be as dependable as a big one. It might have been possible that, if the trawler had been stopped, the gear would have fouled the bottom of the boat. Master Mariner and Surveyor of Ships Harold Fletcher Tomlinson confirmed the bearings taken by Inspector Murray. The evidence was corroborated by Ivan Isidor Anderson, the enginer on the launch. John Veal, master of the trawler, and the defendant, said he had been fishing in the Gulf for nearly three years. From 3.30 p.m. to 5 p.m. on April 14 he was steering in to Tiri. At 5 p.m., as he approached Tiri, he gave orders to bring the vessel round to the north. The gear was rigged on the port quarter. It was tea time by now, and the vessel swung on to the east, north-east course about 5.30 p.m. The ship was then 400 yds of the north-east rock of Tiri. That course was the usual one on the flood tide. If he had continued on that course it would have brought him about 5 miles to the, north of Cabbage Bay. At G. 30 p.m. the inspector hailed him. He was quite sure of that. At 7.10 p.m. he set his course for Auckland, and berthed shortly after 10 p.m. He was boarded by the inspector three miles east of Tiri, or 21 miles from Auckland. His vessel would do about 7? knots when cleared and overhauled, but in the state it was it could not do more than 7 knots an hour. The lamps on the ship were lighted at sunset. At 5.30 p.m. it was not possible to see either of the head.ands at Cabbage Bay. When the trawl was out the vessel would only do from 2J to 2J miles an hour. The average speed was 2A miles .an hour. Witness was told by the inspector that he was inside the line, and he replied that he was on the line. When witness received orders to heave to he said he could not as it would foul the bearings. He immediately took bearings of Tiri and Canoe Rock by means of a compass. The meeting point of the two bearings was just on three miles from Tiri, and Canoe Rock, miles away. Those bearings were north of the line. Witness' compass was movable a-quarter of a point. Fisheries Department Criticised. Mr. Northcroft. who appeared for Sanford's, in his address in opening the defence, pointed out the exceedingly grave nature of the matter, not only for Sanford's, owners of the trawler, but also for the master, John Veal, as, if a conviction was recorded, it meant the forfeiture of the vessel and all the trawling gear. Also the master's position was in jeopardy. Therefore, submitted counsel, it was highly improbable that the master would wantonly commit a breach by trawling inside the restricted area. Mr. Northcroft then read out the standing instructions issued by Sanford's, warning masters of trawlers that they must accept responsibility if they went inside the restricted area. A letter sent to thfe master when he took command of The Countess was also read and put into Court. Mr. Northcroft stressed the point that neither the owners nor the master would undertake the risk of trawling inside the restricted areas. The master's course on the day in question was then explained on the chart by counsel. Referring to the evidence given by the inspector that Captain Veal did not stop immediately he was hailed, Mr. Northcroft said that tlie vessel was trawimg with a full head of steam at the time, and with the trawl out it would have been dangerous to stop suddenly before bringing the nets in, The gear had to be kept on a continual strain, otherwise it would foul

and sink. As soon as Inspector Murray hailed the master, Captain Veal gave a warning to the engineroom to slow Ndown. Mr. Northcroft said that the prosecution rested on tlie point that the inspector saw The Countess from a position south of Tiri, when he judged the trawler to be within the limit. Mr. Northcroft said that he did not question Inspector Murray's honesty. He did the best with the appliances he had on board his launch. He had a three-inch compass, which he yesterday admitted had not been adjusted for 13 months. That, thought counsel, was a most dangerous instrument with which to take important observations. It -was a little compass on a little vesesel which was bobbing about in the sea. Such an observation was highly unreliable. Mr. Cutten: That is quite so at the point you mention, Mr. Northcroft. Continuing, Mr. orthcroft said that the inspecetor next desired to convict because, as *he said, he put himself under Tiri and steered on a course woich would bring him to the north head of Cabbage Bay. He made no allowances for set of tide or the wind. While not wishing to challenge the inspector's honesty, one could not see the north head of Cabbage Bay from wbera the inspector was. It was 27 miles distant, and at the time it was dusk. Mr. Murray was Highly optimistic if lie thought he could sec it, said Mr. Northcroft. The next point was that when Mr. Murray arrived on board the trawler it was not on the same position in which, it was when he hailed it, and certainly not where it had been trawling. The inspector must have made a mistake when lie recorded the bearing of Watchman Island as north-nor'-east. That was important, for it was not a north-nor'-east bearing, but a nor'-east bearing. Inspector Murray was not a master mariner, and he admitted that he did not know a trawler carried a standard compass, said Mr. Northcroft, showed all obstacles. The inspector's steering compass, said Mr. orthcroft, showed subsubstantial variations, and was not reliable. "If the Fisheries Department seek to impose the eneormous penalties of forfeit* ing such a vessel as The Countess and all gear as well, they must come to tha Court armed with reliable and concise information," said counsel. "It is inconceivable why the Department does not set courses and take bearings from Tiri lighthouse. The whole case is a most improbable one, and if the trawler was inside the restricted area it was » very small margin inside, and only therf by a pure accident."