Key Takeaways:
- The Ministry for Primary Industries (MPI) has caught 26 people for breaching fishery rules, with one charged, 21 receiving non-prosecution outcomes, and four cases still pending.
- The most common breaches include exceeding catch limits, fishing in marine reserves, and improper tagging or failing to report catch.
- MPI uses a graduated enforcement model, starting with education and direction, followed by warning notices, infringement fines, and prosecution for serious cases.
- The black market trade of seafood is a significant problem in New Zealand, with rock lobster (crayfish) being a high-value species vulnerable to poaching.
- Laws and regulations are in place to protect the sustainability of seafood resources, and MPI encourages people to report suspected illegal activity.
Introduction to Fishery Rules
The rules governing the sale of seafood in New Zealand are clear: only seafood caught by a person with a valid commercial fishing permit can be sold legally. Fishery officers regularly patrol the coastline to ensure these rules are being followed. Recently, 26 people were caught breaching these rules, with species including shellfish such as pāua, rock lobster (crayfish), kina, and oysters, as well as finfish. The MPI director of fishery compliance, Steve Ham, notes that prosecution is reserved for serious cases or when lesser interventions fail to change behavior.
Compliance and Enforcement
Compliance with fishery rules follows a graduated enforcement model, starting with education and direction to help people understand the rules. This is followed by direction and enforcement, reserved for more serious non-compliance, which can result in warning notices, infringement fines, and prosecution. Ham notes that most issues are resolved through education, and that prosecution is only used in serious cases. For example, in 2024, Laongdao Phelps was prosecuted for digging up over 1000 cockles from an estuary, exceeding the daily limit by eight times. She was fined $1200 for an offense that carries a maximum $20,000 fine.
Breaches of Fishery Rules
There are several ways people can breach fishery rules, including exceeding catch limits, fishing in marine reserves, improper tagging, and failing to report catch. In August, three people were stopped and found with 422 pāua, including 230 undersized ones, taken from Kaikōura’s south coast. A couple of months later, two Gisborne fishers were found with 157 undersized pāua. These cases demonstrate the importance of adhering to fishery rules to protect the sustainability of seafood resources.
The Case of Joshua Spooner
In February, Joshua Spooner and his mates went on a dive trip to Kaihoka, an area in the far northwest of Golden Bay. Spooner posted a picture of the catch to the Kai Basket NZ Facebook page and then set up another Facebook profile, Cray Cray, to sell the seafood. He knew it was illegal to sell recreational catch, but he proceeded to advertise the crayfish for sale, receiving several responses. Spooner eventually sold three crayfish for $110 and offered to throw in a crayfish tail for free. He also sold four pāua for $40 to another buyer. Spooner’s actions were detected through his online presence, and he was subsequently charged with selling seafood without a commercial permit.
Consequences of Breaching Fishery Rules
Spooner pleaded guilty in the Nelson District Court to three charges brought by MPI and faces a maximum fine of $250,000 and/or a community-based sentence. His ute and cellphone were forfeited, and he is due to be sentenced in March. The case highlights the importance of adhering to fishery rules and the consequences of breaching them. MPI encourages people to report suspected illegal activity through the ministry’s 0800 4 POACHER number (0800 47 62 24).
The Black Market Trade
The black market trade of seafood is a significant problem in New Zealand, with rock lobster (crayfish) being a high-value species vulnerable to poaching. MPI says that offenders might fish regularly but usually do not exceed daily recreational catch limits. However, quantities taken over time are substantially more than any person or family could sensibly consume, with most of their catch sold illegally or traded on the black market. This not only undermines the sustainability of seafood resources but also poses significant health risks when seafood product is not handled well and processed to approved standards.
Laws and Regulations
Laws and regulations are in place to protect the sustainability of seafood resources. The quota management system ensures that commercial fishing is a highly regulated activity, with legitimate operators incurring considerable costs, including the purchase of annual catch entitlements, permit fees, and taxes. Commercial operators must also abide by strict reporting rules to help ensure the viability of stocks. In contrast, black-market traders operate outside the quota management system, incurring none of the costs and providing no information about their fishing activities. The laws and regulations are designed to protect the resource and ensure that it remains sustainable for future generations.