Nelson-based fishing company Amaltal has been fined $27,600 for illegal fishing in a marine reserve off the coast of Kaikōura.
In November, the company, which is owned by Talley’s, was found guilty of illegal fishing in the reserve, some months after the skipper was fined in May 2020 for his part in the fishing.
The offending happened in March 2019, when the Amaltal Mariner strayed into the Hikurangi Marine Reserve while trawling for orange roughy.
Initially the Mariner had been fishing to the east and south of the reserve, but strayed about 900m into the reserve during a bottom trawl on March 17.
About 104 kilograms of fish was reported being caught with the vessel inside the marine reserve for part of the trawl. The fish was then sold for $489.58.
The boat’s skipper, Darryle Saunders, maintained he was unaware he was in a marine reserve.
At the Tuesday sentencing in the Nelson District Court, Amaltal’s defence lawyer Peter Dawson said Saunders was issued a catch plan for the trip which included directions to avoid restricted fishing areas. He stressed the captain’s responsibility to plot these co-ordinates on the vessel’s electronic plotting system.
However, while the reserve had been marked on a paper chart on board the vessel, it had not been marked on either of the vessel’s electronic devices.
Judge Jo Rielly said that she considered it unlikely a captain would rely solely on paper charts in a vessel that used electronic plotters.
She considered Amaltal’s culpability to be higher than Saunders’.
Each party agreed that the level of harm to the seabed could not be quantified, Rielly said.
“However, while I take into account that there is absence of evidence proving level of harm, I cannot accept there would have been no damage from bottom trawling.”
The start point for the fine was $34,500, Rielly said. She applied discounts for Amaltal’s previous good history, co-operation with MPI during the investigation and their conduct since the offending, which included updating their systems.
The end fine was $27,600.
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