Fisherman charged with breaching laws

Press, 30 May 1987, Page 4

Fisherman charged with breaching laws

PA Tauranga A former Nelson fisherman faced three charges of breaching new laws governing inshore fishing when he appeared in the District Court at Tauranga. Stephen Walker admitted working in a fishery management area for which he held no licence, landing his catch at an unauthorised port, and failing to maintain his catch landing logbook.

Judge Rice adjourned the case until June 30. He required written submissions to be made by prosecution and defence on the matter of sentence. Although the defendant, who was not in court, admitted the charges through counsel, no conviction was entered against him. The charges arose from an incident on December 16 when Walker dis-

charged fish at Tauranga from his boat Jobstar. The Ministry of Fisheries found he had no authorisation to unload at Tauranga.

His catch log-book had not been updated since December 5. The Crown solicitor, Mr Pat Savage, told the Court that Walker claimed no scales were available to weigh the catch as it was unloaded and said catchrecording requirements under the fishing quota system were overburdening him with paperwork. Walker’s area of operation was the Challenger management area off Nelson.

The catch, valued at $4525, was seized. Under the Fishery Act, the Jobstar was forfeit to the Crown, and Walker was also liable to a fine of up to $lO,OOO on each charge.

Walker’s counsel, Ms Fiona Bolwell, said

Walker misunderstood aspects of the inshore fishery management regime. He caught shark and dogfish, which were uncontrolled species, and believed he could fish where he liked.

Ministry of Fisheries officers visited the boat within minutes of unloading and Walker hardly had time to finish his paperwork. In any case he was waiting for official receipts from the buyer giving certified weight.

Ms Bolwell said the offence was of a technical nature and Walker had already been penalised heavily through not receiving the value of his catch, although he had to continue running the Jobstar and pay the crew their wages.

She asked the Court to return the value of the confiscated catch and discharge Walker without conviction.