Sea plunderers dump 200 paua

Two fishermen caught plundering paua on the coast north of Napier emptied their catches into the sea as they were approached by fisheries officers, a judge has been told in Napier District Court.

Ministry of Fisheries prosecutor Ben Humphrey told Judge Geoff Rea officers were unable to count the ditched paua, estimated to number about 200, but they were able to count almost 300 undersized paua that weren't discarded.

The drama unfolded during fishery officer surveillance at Aropaoanui Beach on January 25, resulting in yesterday's appearances in court by Napier men Jamie Fox, 33, Rahere Jeremy Pitiroi, 35, Lyn Nii Parata Puna, 27, and Nigel Ian McLean, 50.

They all pleaded guilty to two charges of possessing fish in breach of the Fisheries Act (more fish than the daily limit, and undersized fish), Fox and Pitiroi also admitted obstructing a fishery officer, Fox also admitted possessing undersized crayfish, and Puna admitted another charge of possessing undersized paua in breach of the Amateur Fishing Regulations.

Fox, who had a previous conviction for fishery offences, was sentenced to 300 hours' community work and banned from fishing for three years, Pitiroi was also sentenced to 300 hours' community work, recognising also the remitting of about $4500 in unrelated fines, and Puna and McLean were each sentenced to 200 hours' community work.

The judge also ordered forfeiture of any equipment seized by the Ministry of Fisheries in investigating the offences, although the quartet will be able to apply to have it returned.

Mr Humphrey said a fishery patrol spotted the four fishing late in the afternoon of January 25, a Wednesday, and intervened as the men walked up the beach towards McLean's vehicle.

Having hidden a backpack and sack of paua against driftwood on the beach, Puna was the first approached, out of the sight of the others. He ignored directions and was arrested after trying to run-off back to associates. The pack was later found to contain 215 paua.

McLean was stopped with a bag of 39 paua and 3 crayfish, saying he had not been diving but was carrying the bag for his friends.

It was then that Fox and Pitiroi were approached at the water's edge, with bags at their feet. Fox up-ended a bag when he was waist-deep in the sea, discarding its paua contents, while Pitiroi pulled an armful of paua from another bag, ran into the sea and dumped them. The officers believed it was not a suitable habitat for those paua and they would not have survived.

The 300 which were seized from the men were well over the 120 allowed under a customary authorisation permit, which did not include the names of Fox and Puna. Only one paua was a legal size.

Judge Rea told the men their behaviour when the officers appeared was a "fairly full indication you knew the game was up."