[ad_1]
A fisherman who mistakenly fished in the Kahurangi Marine Reserve was fined $ 13,500 and ordered to pay the Department of Conservation for the illegally caught fish.
Colin Lyall Sharland, 59, was sentenced in Nelson District Court Wednesday on a charge of commercial fishing in a marine reserve without legal authority or reasonable excuse.
The maximum penalty is three months in prison, a fine of up to $ 250,000, or both.
Sharland was fined $ 13,500 and ordered to pay court costs of $ 130 and $ 3,210 to the DOC for the 2,097 kilograms of illegally caught fish, mainly blond, jack mackerel and snapper, that was caught in the reserve, with an estimated wholesale value of $ 10,699.
READ MORE:
* Amaltal found guilty of illegal fishing in the Kaikōura Marine Reserve
* Trawls damage fragile coral reefs, so why is the government authorizing more sets?
* Sealord fined $ 24,000 and ordered to seize the boat for trawling in the protected area
A summary of the events described how Sharland, owner and operator of the fishing vessel, Jay belle, was returning to Nelson last December after leaving on a fishing trip from Greymouth.
Sharland is normally based on the coast, but takes several fishing trips a year as a relief skipper.
On New Year’s Eve, the ship was about 11 miles south of the Kahurangi Marine Reserve when it deployed a bottom trawl. It traveled north and entered the marine reserve around 7:30 p.m. for about an hour and a half, covering a distance of 8.74 km.
Virginia Woolf / Stuff
Colin Sharland was fined $ 13,500 in Nelson District Court for commercial fishing in the Kahurangi Marine Reserve.
The next day, the incursion was detected by MPI’s geospatial management system.
Sharland said he did not intend to fish in the reserve and that he had recently spent a “significant amount of money” installing geospatial reconnaissance software on the three vessels he owned.
MPI prosecutor Julie Wotton said bottom trawling was one of the most destructive fishing methods, but at a depth of 46 meters, it had not been a deep-sea trawl and there was no evidence of damage. on the seabed.
It was accepted that Sharland did not intend to fish in the marine reserve and the boat’s trajectory showed that it had skirted the outside of another marine reserve further south.
There were some mitigating factors; he was not the main skipper of the ship, the coordinates of the reserve had been entered into the plotter and Sharland knew of the existence of the reserve, but not where it was located.
“It was not an area where the boat would normally fish, they normally fish south on the west coast and I understand he was heading home back to Nelson due to bad weather and was fishing on the way.”
Defense attorney Tony Stallard said it was an “unfortunate set of circumstances” that led to the crime.
Sharland had not removed other layers from the plotter, so the area showing the marine reserve was not visible as he was dealing with an inexperienced crew at the time.
Stallard said Sharland had spent $ 20,000 installing cameras in the past year to make sure his vessel was compliant.
“In my opinion, he is not an irresponsible fisherman, it is his lifelong career; he has been fishing since he was 14.”
Sharland had pleaded guilty early, cooperated, and had a substantially clean record.
He ran a small commercial fishing operator, catching others’ quota, which was a lifestyle choice and provided a modest income. The business had been affected by Covid-19, with revenue generated in the year ending September 30 less than half of what it had been the previous year.
PAMELA WADE / things
MPI regional compliance manager Howard Reid said marine reserves protect the endangered Hector’s dolphin.
Judge Tony Zohrab said the marine reserve legislation was designed to provide “the highest level of protection possible” for the area and its marine life.
“Here we have a situation where bottom trawling was involved at a relatively shallow level, so it’s not the most destructive, but it certainly wouldn’t have improved the seabed.
Judge Zohrab said it was clear that Sharland “made a mistake this time” and set the starting point for the fine at $ 20,000, discounted for an early guilty plea and background circumstances.
Compliance from MPI’s regional manager for the Upper South Island, Howard Reid, said MPI did not tolerate those who fished in areas closed to fishing.
“While we accept that the skipper did not want to fish in the marine reserve, these rules are in effect for good reason: to protect the diversity of marine life at the bottom of the sea and in the water. Protected marine life such as Hector’s dolphins, seals and endangered seabirds visit these areas.
“MPI hopes that fishermen know the rules before they go out, this includes knowing the location of the limits of the marine reserves and being careful to avoid them.”
MPI encourages fishing industry operators and non-commercial fishers to report suspected illegal activity through the Ministry’s 0800 4 Poacher number (0800 4 76224).
