No getting off hook

Penalties will be tough for recreational fishers caught breaking the new rules for taking fish and shellfish, reports ROBIN BAILEY.

On Thursday life changed for recreational fishers in this country. It is now a matter of abiding by the new rules for the taking of fish and shellfish or facing tough penalties. These range from smallish fines to confiscation of fishing gear, boats and vehicles.

The rules vary for different regions of the New Zealand coastline, but for the Auckland area that stretches north to include the Kermadecs, everything is spelt out clearly.

The man responsible for implementing the rules on our patch is Auckland region district compliance manager Ian Bright. He emphasises the aim is not creating another revenue stream.

"What we hope to achieve is a turning point in the battle to protect the fisheries for future generations," says Bright. "In some areas fishery officers can spend an entire weekend confiscating small numbers of undersized or over-the-limit fish. At the end of each day they have a big bin overflowing with confiscated fish, yet each offender has contributed only one or two illegal fish.

"Worse still, many of those taking excess or undersized fish are quite cynically breaking the law, happy to risk getting caught because they realise they are unlikely to be prosecuted for just a couple of fish."

That attitude now needs to change. From November 15, having one or two undersized fish is likely to result in a fine of $250. Taking too many fish or shellfish will also prove expensive. Those caught with up to twice the legal limit will face a fine of $250 and those with between two and three times the limit will be up for a $500 penalty.

A new category, serious non-commercial offending, has been introduced, which will apply to anyone caught with more than three times the legal limit. These offenders will not be receiving infringement notices. Instead they will almost certainly be taken to court where they will be liable for fines of up to $20,000 for each offence as well as forfeiture of any gear, boat or vehicle used to commit the offence.

Bright says it is important that every fisher recognises that infringement notices will apply for each offence. A person with too many fish or shellfish, some of which are undersized, will face a fine for each offence.

"This will prove very expensive for those who blatantly ignore the netting regulations, too, as each netting or set line offence will attract a $250 fine," says the compliance chief. "For example, if someone sets a net with too small mesh size, does not identify the floats and then stakes it as well, they will have committed three separate offences and earn a total of $750 in fines."

The Ministry of Fisheries is urging everyone who goes fishing to make sure they know the rules and stick to them. Easy-to-understand pamphlets spelling out all the fish and shellfish limits and minimum sizes (as well as the netting and crayfish regulations) are available by phoning 0800 4 78537 (0800 4 RULES).

Uniformed fisheries officers will issue the new infringement notices on the spot at beaches, boat ramps and even to boats at sea. Honorary Fisheries Officers will continue to take details of any offence and send an incident report to the ministry, where a decision will be made on whether to prosecute.

Bright says the aim is a sustainable fishery in all sectors, customary, commercial and recreational, and points out that the rules for amateur fishers do not apply to customary fishing. Catch and species limits vary according to the area and must be set out on the permit granted for the taking of fish and shellfish.

"Most people observe the rules, but there are occasions when there have been serious breaches," he says.

"Clearly there are people who don't think the law applies to them, but the ministry is working actively to deliver the message about sustainability.

"We have specialist liaison officers in the field in Auckland, Whangarei and Tauranga and their educational role is proving effective. It could well be developed further."