February 2, 2009
IMMEDIATE RELEASE:

Whangamata lobster poacher
loses boat, fined $3800

A Whangamata man caught taking illegal quantities of rock lobster (crayfish) has been ordered to pay $3820 in fines and court costs and has had his 4.4m Aluminium boat, 40hp outboard and 11 lobster pots forfeited to the Crown.

Ian Michael Wotherspoon, a 47-year-old builder’s labourer from Whangamata, pleaded guilty to nine charges related to the illegal taking of lobster when he appeared in the Waihi District Court last Friday (January 30).

The charges included using more than the allowed 3 lobster pots, having more than three times his daily limit of lobster, having undersized lobster, having lobster “in berry” (carrying external eggs), using pots without his name on them and using pots without apertures through which the undersized lobster could escape.

Local Ministry of Fisheries District Compliance Manager, Brendon Mikkelsen, said Wotherspoon’s offending had clearly been pre-meditated:

“Wotherspoon fished only in the very early hours of the morning (around 6am), had put his name on only the legal maximum of pots he was allowed (three), and, when approached by Fishery Officers, admitted to knowing the rules relating to taking lobster.”

Wotherspoon actions over a period of time had aroused Fishery Officer suspicions and when these were confirmed by several tip-offs from Whangamata locals, fishery officers commenced a surveillance operation to gain evidence of his illegal activities before making their move.

Over a period of about two weeks they saw him leave early in the morning and collect rock lobster from 10 different pots, even though recreational fishers are only allowed to use a maximum of three. He was then seen to return to the Whangamata estuary where he transferred the lobster to a holding pot.

While transferring the lobster, he made sure his boat was positioned so as to block his actions from the houses on the southern side of the estuary. He was also seen to place lobster in the live bait tank of an untended launch on a pole mooring.

When confronted by Fishery Officers, Wotherspoon had 24 rock lobster in his holding pot and a further three on the launch. Six were under the legal minimum size and one was in berry.

After pleading guilty to all the charges, Wotherspoon was fined $750 for the excess lobster, $500 for the undersized and $250 for the lobster in berry. He was also fined $1500 for using excess pots, $150 for using unmarked pots and a further $150 for using pots with no escape gaps. He was also ordered to pay courts costs of over $500 and had his boat, 11 lobster pots and 27 lobster forfeited to the Crown.

Welcoming Wotherspoon’s conviction and sentencing, Brendon Mikkelsen said it was a good result that should serve as a deterrent to any others contemplating similar offending. “It is also an appropriate outcome for members of the public who alerted the Ministry through its popular 0800 4 POACHER number.

“Wotherspoon’s offending is the type of greedy, indiscriminate behaviour that harms our valuable recreational fisheries,” he said. “This man was basically stealing from other members of his community. It is great to see that they are not prepared to tolerate it any more than we are.

“Our fishery officers cannot be everywhere on the coast all the time.

“Ordinary people in communities like Whangamata are our eyes and ears. The information they confidentially supply, often through the 0800 4 Poacher number (0800 4 76224) helps us put poachers like Wotherspoon out of business.”

ENDS

Lobster rules:
• Only 6 rock lobster can be taken per person per day.
• Male rock lobster must have a tail width measurement of at least 54mm
• Female rock lobster must have a tail width measurement of at least 60mm
• Rock lobster cannot be taken with external eggs
• Only 3 rock lobster pots can be used or set by an individual per day
• If two or more individuals are fishing from a vessel they may use or set up to six rock lobster pots in any one day.
• Pots must have the correct escape apertures, depending on the type of pot being used. More information is available on fish.govt.nz.

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