Boat owners' onus worries fishermen

The fishing industry is worried at the implications of a court case in which a boat owner was fined following the deaths of three fishermen on his trawler, the Hunter II.

The case has shifted the responsibility for actions at sea from a vessel's skipper to the owner, whether the owner is on board or not.

Mark Mathers, aged 44, was fined more than $10,000 in the Hamilton District Court this week after being found guilty by a jury on charges under the Maritime Safety Act.

He faced counts of causing or permitting a boat to be operated in a manner which caused unnecessary danger to others, and operating a vessel without a Safe Ship Management Certificate.

The $260,000 trawler sank in huge waves on September 18, 1998.

Mr Mathers, a Raglan builder, said yesterday that the Maritime Safety Authority had steered away from the facts that caused the accident, and chased a technical prosecution.

The authority kept harping on about the lessons of the case, but the only lesson for the fishing industry was that job losses would now follow, he said.

New Plymouth commercial fisherman Chris Powell said he was selling his two boats as soon as possible and making three staff redundant.

He asked why he should be held responsible if the crew did things that were out of his control, such as drinking alcohol or taking drugs.

"There's no way that you can control the actions of the crew and the skipper when you are not on board the vessel. The owner now has to carry the can."

Hunter II's crew had smoked marijuana at sea, and while the boat was carrying anchors which would have allowed it to stay upright, they were not used.

New Zealand Fishing Vessel Owners Association chairman Peter Dawson said he was gravely concerned about the case, and had alerted association members.

"Up until now, the skipper has been responsible at sea. I am deeply concerned at the precedent that has been set."

Authority director Russell Kilvington could not be contacted.

Mr Mathers would not say whether he would appeal.