On 11 September 2006 at Tauranga District Court Judge Trestan ordered a Te Puke fisherman to pay $1380 in respect of a fisheries infringement charge of possessing rock lobster that had been speared.
A Ministry of Fisheries technical officer (scientist) completed an examination of the 3 rock lobster in question. The judge agreed with the scientist’s evidence that his testing demonstrated the point of the catching device owned by the defendant fitted “snugly” into the wounds of all 3 rock lobster examined and were caused by the catching device and not by other lobster in his catch bag as the defendant had claimed.
The defendant challenged the definition of spear in this case which is defined in Fisheries Regulations as any device or implement that is capable of puncturing the flesh or exoskeleton of any fish (which includes rock lobster).
Brendon Mikkelsen, District Compliance Manager stated:
“After defending the charge the fisherman was fined $750, court costs of $130 and ordered to pay a $500 contribution toward the Ministry of Fisheries prosecution costs.”
“An easy catching method like spearing of Rock Lobster will impact on the sustainability of the fishery; in addition those fish that have been speared are unlikely to survive should they need to be returned to the sea.”
“We’re coming up to the summer fishing period and we hope that everyone will take some time to learn their local fishing rules.”
Information on Fishing Regulations is available from any Ministry of Fisheries office or on the Ministry’s web site www.fish.govt.nz
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