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A deep-sea trawler owned by Talley’s Group has been convicted of illegally fishing in a protected marine reserve off Kaikōura.
Kaikōura. Source: istock.com
The Amaltal Mariner was fishing from the bottom of the orange roughy off Kaikōura when it entered the Hikurangi Marine Reserve last year.
According to the Ministry of Primary Industries (MPI), which filed the charges, the ship sailed for more than a kilometer within the protected reserve before the net was recovered.
Amaltal Fishing Co Limited originally pleaded not guilty to the charges, while the ship’s skipper pleaded guilty.
The company argued that it was not responsible for the crime, since the employer was an employee of another Talley company, but the judge rejected it.
“In the context of increasingly complicated limited liability company structures, it is important that the integrity of the Marine Reserves Act be maintained,” Judge Rielly said in his reserved decision, released today.
“It would be an unfortunate outcome in law if the consequences foreseen by Parliament could be circumvented by relying on advanced business structures.”
However, after today’s verdict, the company says it is likely to appeal the ruling.
The charges were brought by the Primary Industry Ministry, which says it hopes fishing companies and skippers are aware of the rules before leaving.
“A marine reserve is a fully protected area where fishing is not allowed,” says fisheries manager Steve Ham.
“We can track the position of the fishing boats in real time using GPS technology, so we were alerted when the boat entered the marine reserve.”
Green MP Eugenie Sage says the indictment is an increase in liability for Fisheries NZ and MPI.
“What happens off our coast has been treated for too long as out of sight and out of mind,” he says.
“This is despite the fact that healthy and prosperous oceans and marine species are critical to the health of Aotearoa and our planet.”
Amaltal Fishing Co Ltd will be sentenced at a later date, says MPI.
Amaltal spokesman Tony Hazlett says the company is likely to appeal the verdict, saying the employer acted against company policy and they should not be blamed.
“The skipper also had a catch plan for the trip and it was his responsibility to determine exactly where to fish and make sure the boat was legally operating once at sea,” he says.
“He has admitted and apologized for the mistake and for acting against company policy and instructions. Amaltal should not be held liable.”
