Fishing boat owner convicted over scallop dredging in marine reserve
Media contacts:
Roy Grose, Sounds Area Manager, phone +64 3 520 3002, or Trish Grant, communications advisor, phone +64 3 546 3146.
Date: 08 May 2008
The Department of Conservation says the conviction of a commercial fishing boat owner over his boat being used to dredge for scallops in a Marlborough Sounds' marine reserve serves as a warning to other commercial fishing boat owners to ensure their vessels are not involved in the taking of marine life from marine reserves.
Lee Francis Thompson, 37, of Takaka, was today fined $2000 in Nelson District Court and ordered to pay costs totalling $778 following his conviction on a charge of taking marine life for commercial purposes from Long Island-Kokomohua Marine Reserve. He had pleaded not guilty to the charge but in a written decision following a Nelson District Court hearing held in January 2008, Judge H M Simpson had convicted him, finding him vicariously responsible.
In sentencing Mr Thompson today, Judge Tony Zohrab said he took into account that Mr Thompson, the owner of the Karin, the boat involved in the offending, had not been present on the vessel when the offending occurred.
Judge Simpson had dismissed the same charge against a second man saying she could not be satisfied from the evidence before the court that he was the skipper of the Karin on 25 October 2005 when the Karin was seen scallop dredging in the marine reserve.
Three members of a family, which has a bach in the Marlborough Sounds, reported seeing from their boat the Karin scallop dredging inside the marine reserve. A DOC GIS mapping specialist analysed photos taken by the eyewitnesses and with the use of GPS coordinates and charts demonstrated that the Karin was inside the marine reserve.
It is the second time someone has been convicted in relation to scallop dredging in Long Island-Kokomohua Marine Reserve, both incidents having occurred in October 2005. In August 2006, a Nelson fisherman was fined $15,000 after pleading guilty to a charge of taking marine life for commercial purposes from the reserve. He had been seen by a DOC ranger operating a scallop dredge in the marine reserve on October 31, 2005.
DOC Sounds Area Manager Roy Grose said the conviction of Mr Thompson as the registered owner of the Karin put a responsibility on commercial fishing boat owners and permit holders to ensure employees do not use their vessels in the illegal taking of marine life from marine reserves.
"The Department of Conservation views very seriously instances of fishing inside marine reserves especially when it involves commercial fishing. The penalties for taking of marine life from marine reserves are significant. In the case of recreational fishing the penalties are up to three months' imprisonment and fines of up to $10,000. For commercial fishing in marine reserves there are fines of up to $250,000 and three months' imprisonment. Fishing equipment used in the offending can be forfeited and that includes vessels in the case of commercial fishing."
Mr Grose said he was very grateful to the three family members who had reported seeing the Karin dredging for scallops in the marine reserve and who gave evidence in the court hearing.
"Long Island-Kokomohua Marine Reserve was created as a result of a tremendous community effort and we get considerable help from the community to protect it by their letting us know when they see people fishing inside it. We are very appreciative of the help and support we get from the community to look after the marine reserve. People who take marine life from marine reserves are taking from the community and all New Zealanders."