A man with name suppression is sentenced in Auckland's North Shore District Court for repeated poaching in a marine reserve. Photo / Sylvie Whinray
A man with name suppression is sentenced in Auckland's North Shore District Court for repeated poaching in a marine reserve. Photo / Sylvie Whinray
A fisherman described by the Department of Conservation (DoC) as one of the worst marine reserve poachers the agency has ever seen has been sentenced for his repeated targeting of a protected Auckland waterway.
The 29-year-old, who has interim name suppression, was ordered to pay $4000 in fines and had his fishing equipment seized as a result of his hearing today in the North Shore District Court. He pleaded guilty earlier to three counts of unlawfully taking marine life from Long Bay-Ōkura Marine Reserve and two other fishing-related charges.
DoC said the fisherman had already been warned or issued an infringement notice for fishing at the reserve five previous times in 2021 when he was caught red-handed three more times the following year, resulting in the current charges.
“The offender’s repeated poaching in a marine reserve is one of the worst we’ve seen at DoC,” Dylan Swain, the agency’s investigations team lead, said in a statement after the hearing.
“This crime was calculated, reoccurring and unjustified - there are plenty of other places to fish in Auckland. DoC rangers had repeatedly warned the offender [and] the marine reserve was clearly marked, and yet he continued to illegally fish.”
A maritime unit and the police Eagle helicopter were used in March last year when a DoC ranger received a report of someone fishing from the reserve’s shore.
The defendant’s vehicle was stopped after sundown as he left the reserve. He claimed he hadn’t been fishing inside the reserve and showed the ranger three legal-sized snapper, according to court documents.
The Department of Conservation charged a fisherman with illegally catching 21 snapper in Auckland's Long Bay-Ōkura Marine Reserve.
“When asked if he had caught anything else, the defendant then revealed a further 18 snapper that were in a bag in the car,” documents state. “In total, the defendant was in possession of 21 snapper, three times the daily bag limit, and seven snapper were under the legal size of 30 centimetres.
“In explanation, the defendant claimed that he believed the minimum size for snapper was 27cm, that he only caught fish for food and that he did not sell any fish that he caught. The ranger seized 21 snapper, the kayak and two fishing rods.”
Exactly three months later, on the Matariki public holiday, the same ranger was patrolling the area when he noticed the defendant fishing from a kayak from within the reserve. Authorities were not able to catch up to him that day, but they did the following day when the defendant returned to the reserve with the same kayak.
“A DoC ranger, from a distance using a telephoto lens, observed the defendant using hand lines to catch fish from inside the marine reserve,” court documents state. “When apprehended on his return to shore, the defendant, who had a young child with him, claimed he had not been fishing, but had been playing on the beach with his son.”
The Department of Conservation seized 21 snapper, a kayak and two fishing rods after a fisherman was caught with the illegal catch while leaving Long Bay-Ōkura Marine Reserve in Auckland.
When the ranger searched his kayak and found three snapper, he changed his story and said he had been fishing, but outside the reserve.
In court today, prosecutors asked Judge Kevin Glubb to allow the permanent forfeiture of the defendant’s two fishing rods and hand lines, as well as his fish bin, tackle and filleting knife. They also sought his temporary disqualification from driving, arguing that his vehicle had been used in the commission of the offences.
Taking marine life from a reserve carries a maximum punishment of three months’ imprisonment and a $10,000 fine.
Auckland's Long Bay-Ōkura Marine Reserve.
The Long Bay-Ōkura Marine Reserve, located on Auckland’s north-east coast, has been in existence for nearly 30 years and features prominent signage.
As is the case in all 44 of New Zealand’s marine reserves, all forms of fishing are prohibited in an effort to protect the habitat.
“Marine reserves are a safe zone for wildlife and give New Zealanders the chance to experience the sea in a natural state,” Swain said.
“We’re sending a clear message today: if you take from a marine reserve, we will take action.”
Craig Kapitan is an Auckland-based journalist covering courts and justice. He joined the Herald in 2021 and has reported on courts since 2002 in three newsrooms in the US and New Zealand.
