It was extended to reduce the risk of man-induced threat.
The dolphins are only found in New Zealand and a survey between 2020 and 2021 indicated there were now only between 48 and 64 Maui dolphins over the age of 1 remaining.
The Ministry for Primary Industries (MPI) digitally monitored the movements of commercial fishing boats and it was from the data collated from a fish catch report that led to Harris being charged.
An analysis of Harris’ movements showed the maximum amount he went into the prohibited zone was 522 metres, the average sized breach was about 205m, the maximum time spent inside was one hour and 45 minutes, and the average time breaching the zone over 19 times was 28 minutes.
Harris told investigators he hadn’t caught any fish while in the zone, or benefitted financially while there, and that was accepted by Judge Kim Saunders today in the Hamilton District Court where Harris was sentenced.
He earlier pleaded guilty to a representative charge of trawling off the Raglan coast 19 times in a prohibited area between October 2 and February 5.
The judge accepted MPI prosecutor John Higgins’ assessment of Harris’ actions as simply “slack practice on your behalf”.
“But you were aware of the need to protect the dolphins and support the efforts to do so.”
Counsel Stuart Gloyn said since the prosecution was launched his client had made “significant” changes to both his technology and the way he operated, and he no longer “inadvertently” trawled in the area.
Gloyn said there were also factors that affected the movement of boats in that area.
“Mr Harris would say that as much as he was trying to do things right, technology certainly was an issue in terms of the radar... but it’s really isolated to one area and that’s the drag around Papanui Point which seems to be tidal drifts and also which could be akin to snagging on some debris which can inadvertently drag the boat into an area where he acknowledges he didn’t have enough of a buffer.
“And that’s where a fisherman for 20 years trying to do everything right has ended up being potentially snagged and has ended up in the prohibited zone for matters which may be very isolated outside of his control.”
Judge Saunders said the dolphins were a “fragile resource”.
She accepted Harris had made all the necessary changes to his boat, was now “completely compliant”, and that the breaches were unintentional.
He was convicted and fined $14,000.
Because of the conviction Harris’s boat Joanne would now be forfeited, however. Higgins indicated they wouldn’t oppose an application for it to be returned to him.
MPI investigations north regional manager Aleshea Allen said she expected commercial fishers to know where they were legally able to fish and have the right equipment on board their vessels to alert them if they’ve strayed into protected areas.
“Mr Harris has been a commercial fisher for around 25 years and has fished out of Raglan for more than 20 years. He should have known better.”
Belinda Feek is an Open Justice reporter based in Waikato. She has worked at NZME for eight years and been a journalist for 19.
