'Recidivist' pāua poacher sentenced for Wellington haul of undersized specimens

A Wellington man has been sentenced for "knowingly" taking a "huge amount" of undersized pāua from the harbour to sell on the black market, the Ministry for Primary Industries (MPI) says.

Felesese Sam Pati (45) has been banned from fishing for three years and sentenced to home detention for six months for his part in taking 319 pāua from Wellington Harbour in 2018.

The sentence was handed down to Felesese Sam Pati, 45, today in Wellington District Court, three years after his diving partner faced similar consequences. The court took into account that Pati was a recidivist offender with regard to pāua poaching.

"Pāua is a precious resource. It's illegal to sell recreationally caught seafood. It's really disappointing and seriously undermines sustainability of a finite resource," said Lower North Island regional fisheries compliance manager Tyrone Robinson.

The two divers were stopped by police in the early hours of June 30 because they were driving without lights on and at speed, MPI said.

"Police noted two wet backpacks in the car and questioned them. But they quickly fled the scene in their vehicle.

"The men were found a short time later and the 319 shucked pāua was also retrieved with assistance from a police dog after an attempt to hide it under bushes."

319 pāua were taken from Wellington Harbour in the early hours of June 30, 2018. Photo / Mark Mitchell

More than 200 of the pāua were undersized. The daily legal limit for pāua is 10 per person, with a minimum size of 125mm.

"Along with his dive partner, Pati knowingly took a huge amount of pāua, many undersized, with the intention to sell and profit from this poached seafood on the black market," said Robinson.

He was charged by MPI under the Fisheries Act 1996.

Pāua are large sea snails that are highly valued by Māori, recreational fishers and the commercial fishing industry.

The pāua fishery is split into 11 areas. Catch allowances are set differently for each area depending on population size, the health of stock and fishing pressure.

In January, hundreds of undersized paua shells were discovered at Akitio Beach in Hawke's Bay, prompting outrage from a Tararua iwi, Ngati Kahungunu ki Tamaki nui a Rua.

That same month, a man was arrested for allegedly offering one-litre containers of pāua for $50 each via Facebook.

It is illegal to sell, trade or barter recreationally caught fish and shellfish.

Suspected illegal activity can be reported through the ministry's 0800 4 POACHER number (0800 47 62 24).