Illegal fish sale nets $3600 fine

A Queenstown sickness beneficiary was fined $3600 for "black market dealing in fish" by Judge Michael Turner in the Queenstown District Court yesterday.

Shane Christopher Whaitiri (43) admitted three charges of possessing illegally gained fish - rock lobsters and blue cod - for sale, between October 26, 2010, and February 24, 2011.

The charges were laid under the Fisheries Act 1996 and each carried a maximum fine of $250,000.

Crown prosecutor Michael Morris, of Queenstown, said the Ministry of Fisheries began an investigation into illegal sales of blue cod and rock lobster in late 2010.

The fish was coming off commercial boats as "feed" for crew members.

Mr Morris said Whaitiri was not a commercial fisherman, but had access to blue cod and rock lobster and had been identified as a person engaging in the illegal activity.

Text messages sent by Whaitiri to others confirmed his involvement.

On October 26, 2010, Whaitiri sent a text to several people stating he had "six tails and two kilos blue cod for sale" for $120.

Between February 10 and 12, 2011, he again sent text messages asking the recipients if they knew anyone wanting blue cod at $20 and $25 a kilogram.

He later stated in another text message on February 12, 2011, he had got rid of some and needed to collect the money.

On February 24, 2011, he received a text from a person looking for crayfish.

He replied he had half-kilo bags of rock lobster tails for $25 a bag. The person confirmed they would buy two bags.

Later that day, he asked another person, via text message, if they wanted any half-kilo bags of tails.

Mr Morris said Whaitiri was spoken to in September last year and admitted he was not a commercial fisherman, licensed fish receiver or fish farmer - they being the only people permitted by fisheries law to sell fish.

"He further stated he had never bought fish from a factory or from a commercial fisherman in a wharf sale transaction, stating he could not remember the last time he had bought fish."

"Black market dealing in fish such as this undermines [the quota management system] and is effectively theft of a shared national resource.

"It also undermines legitimate commercial enterprise which is worth many millions of dollars to the New Zealand economy.

"The actions of buyers and sellers of illegally taken fish necessitates a full-time compliance response, the cost of which is borne by the taxpayer.

"Therefore, the wider community is paying a significant cost to constrain black market activities," Mr Morris said.

Judge Turner said Whaitiri had effectively stolen from every New Zealander through his black market dealing in fish.

From a starting point of a $5000 total fine Judge Turner reduced the fine to $3600.

On each charge Whaitiri was ordered to pay $1200, with $132.89 court costs on one charge.

On each charge he was also ordered to pay $145 towards the cost of prosecution.

 

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