Selwyn Crowley and Patrick Keefe, who was driving the boat, attempted to evade fisheries officers after being caught with undersized undersized pāua near Black Reef, Cape Kidnappers. Photo / NZME
Selwyn Crowley and Patrick Keefe, who was driving the boat, attempted to evade fisheries officers after being caught with undersized undersized pāua near Black Reef, Cape Kidnappers. Photo / NZME
Two Hawke's Bay men have been fined and had their boat forfeited after trying to evade fisheries staff through a risky reef when caught with undersized pāua.
Patrick Keefe, 49, and Selwyn Crowley, 65, appeared before Judge Gordon Matenga for sentencing in the Hastings District Court today, facing one chargeeach of obstructing fisheries officers and possession of undersized pāua.
Keefe faced an additional charge of operating a ship causing danger or risk, which carries a maximum penalty of 12 months imprisonment or a $10,000 fine.
Fisheries staff aboard Kahutara spotted the pair on March 13 last year near Black Reef by Cape Kidnappers collecting kaimoana for their community as a customary right.
The three uniformed fisheries officers signalled for the pair to stop, but they did not.
Keefe drove the boat parallel to the Kahutara, leading the fisheries vessel to a gap in the reef where it was forced to turn, causing one of its engines to stall.
Two men appeared in the Hastings Court facing charges relating to being caught with undersized pāua by Hawke's Bay fisheries officers in March 2019. Photo / NZME
At times the two vessels came within three metres of each other, while the officers saw Crowley throwing clumps of pāua overboard into the sea.
Keefe eventually stopped the vessel and the pair were directed to return to Clifton and told that none of the catch was to be thrown overboard.
Once ashore, the catch was inspected and officers found six crayfish and 151 pāua, 34 of which were under the legal size.
Keefe told the officers he didn't stop for them because he hadn't realised they were from the fisheries ministry and thought they were the owners of nearby cray pots.
Judge Matenga, who told the court he enjoyed kaimoana himself, said it couldn't be known how many pāua were thrown overboard, or what size they were.
Keefe's defence lawyer Emily Richards described the offending as moderate, saying the fact it was in open water was a mitigating feature and no other water users were in the area.
"There is no suggestion of any other vessels around them other than the fisheries vessel."
She said although Keefe had a "colourful history" with the courts, this was the first charge of this kind and he had been trying to provide kaimoana for his community.
"He has been at sea since he was a child and his father was a cray fisherman."
Thirty-four of the 151 pāua found onboard the boat by fisheries staff were under the legal size. Photo / NZME
However, prosecutor Aroha Cooper from the Ministry for Primary Industries (MPI), which sits over the Fisheries Ministry, said being a fisherman for a long time meant "he was well aware of the rules", making it an aggravating feature of the offending.
On the charge relating to his attempt to evade the fisheries officers, the prosecutor from Maritime New Zealand called for a fine near $6000.
Although the prosecutor accepted there were no injuries or resulting harm, he said the level of intention was high describing it as "sustained and deliberate driving".
Crowley's defence lawyer told the court he had no previous convictions and called for a fine to be imposed.
Judge Matenga fined both men $400 for obstruction and $600 for possessing undersize paua.
He also ordered the forfeiture of the boat, trailer and fishing gear used in commission of the offence.
In relation to Keefe's additional charge, he did not accept claims he hadn't recognised the fisheries vessel.
"The only inference I can draw is you believed something you were doing on the boat was illegal."
He fined him an additional $4000, but accepted Keefe could not pay it, so imposed a total sentence of 180 hours of community work.
