Editorial: Poor Knights poor cousins of fisheries prosecution

The skipper of this fishing charter was only fined $1350 after fishing in the Poor Knights Islands Marine Reserve

Steven Gray is a very lucky man.

The skipper of a luxury charter fishing boat was fined $1350 after fishing in the Poor Knights Islands Marine Reserve. He also lost the fishing gear aboard the boat that he was using to catch large snapper - 60cm and 70cm respectively.

It was March - summer. Gray was near Riko Riko Cave, an aggravating factor. It's not as if he was fishing on the boundary of the reserve and drifted in. He was right in the reserve.

DoC pursued a charge of taking from a marine reserve (Marine Reserve Act 1971) - it carries a maximum penalty of a $10,000 fine and/or three months imprisonment.

Unlike Ministry of Primary Industries' (MPI) fisheries infringements, a vessel cannot be seized and forfeited for the charge Gray faced. Unless it is deemed that you are fishing for commercial purposes. Gray, a charter skipper, had two people with him when he was caught. Obviously, he successfully argued that that the two people were not paying customers. Otherwise "commercial purposes" could have been a factor.

The penalty has been labelled "soft".

Given that harbour fishermen in their tinnies lose their boats for MPI offences - excess scallops for example, why should someone in a flash boat miles out to sea plundering a marine reserve be exempt?

In February, the Advocate revealed that 17 ships had breached international sea law by sailing too close to the Knights. None were fined - possibly because the infringement notice must be served when the vessel is in New Zealand waters.

Ships leaving New Zealand waters go unpunished. How much do we value these islands?

Recreational fishers prosecuted by DOC for poaching should lose their boats. Maybe then, people will stop poaching.