Trout poachers found guilty

Two Eastern Bay of Plenty men will be sentenced after being found guilty of poaching up to 60 spawning trout from an isolated stream near Lake Rotoiti – described as the worst poaching case in a decade.

Thomas Tawha, from Te Teko, and David Leef, Kawerau, were found guilty of poaching by Judge James Weir in the Rotorua District Court yesterday, who remanded them on bail for sentence on January 12, 2015.


Eastern Fish & Game staff and police caught
Thomas Tawha and David Leef with 29 trout in July, including 15 mature spawning females. Photo: Fish & Game.

The judge rejected their attempt to refuse the court's jurisdiction and claim customary rights to take the fish, saying these rights do not apply to trout as an introduced species.

In handing down his verdict, Judge Weir says it was a case of what he described as 'ruining a spawning area and slaughtering fish”.

Tawha and Leef had represented themselves and the judge urged them to get legal representation, warning they could face imprisonment.

In July the pair were caught by Eastern Fish & Game staff and police 'pillaging” trout from a stream leading into Lake Rotoiti - an important trout spawning ground which is closed year round.

Penalties for poaching fish during winter spawning season range from a maximum of two years' jail or fines of up to $100,000.

More than half of the freshly-killed trout were mature spawning females, with wild fish making up the majority of the haul. It is one of the worst cases of poaching recorded in the area for the best part of a decade.

Eastern Fish & Game Region manager Andy Garrick says the guilty verdicts are very pleasing.

'These two have effectively dealt a serious blow to local breeding stocks and future fish numbers in that lake,” says Andy.

'A huge amount of damage was done beyond the fish taken, through damage to eggs and destruction of spawning redds (nests) in the stream bed.

'These small Rotoiti tributaries are always closed which reflects their importance as areas where fish can spawn safely, unmolested, and contribute to the future viability of the fishery.”

Andy says with poaching on such a scale 'they've stolen from the Rotorua community which heavily relies on tourism.”

'Fishing for trout, including what anglers spend on food and accommodation, contributes millions to the local economy.

'Trout fishing is one of the sports that provides jobs and income to many - by the time the purchase of boats, equipment, fishing charters, licences and much more are taken into account.

Andy adds the pair have stolen from both law abiding locals who buy a licence as well as licenceholders whose fee goes toward protecting and enhancing the fishery.

He notes that claims made by the defendants that the Court had no jurisdiction over them in relation to the charges failed – with the Court sending the message that the law applies equally to everyone.

A toll-free number, 0800-poaching (762-244), can be used to call in sightings.

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8 comments

Yeah right..

Posted on 20-11-2014 08:22 | By penguin

Another lame excuse - "customary rights." Good thing is that these guys will feel the effects of the 'one law for all.'


Great example Guys

Posted on 20-11-2014 09:09 | By How about this view!

The supposed "Guardians" of this land?


huh

Posted on 20-11-2014 13:05 | By Captain Sensible

Trout were introduced to NZ so how does the race based "customary rights" work here???


Customary rights!!!

Posted on 20-11-2014 13:22 | By Bronzewing

Since when does an introduced species become a customary right? Rainbow, brown and brook trout were introduced in the 1800 along with salmon. Next thing cows and sheep will start disappearing in the name of customary rights.


Fair call

Posted on 20-11-2014 14:55 | By morepork

I loved the refutation of "customary rights" on the grounds that there is nothing "customary" about trout, as they are an introduced species. What is disappointing here is the "mind set" of these guys to even think that this is OK because of their Ethnicity. NO-ONE has a right (customary or otherwise) to plunder the environment. A sure way to lose the privilege of "customary rights" is to blatantly and greedily abuse it.


CUSTOMARY RIGHTS

Posted on 20-11-2014 15:34 | By kopchai

These 'dumbos' dont' even know that trout were introduced to NZ!! So that excuse goes out the window. Pity they will be home for Xmas - Hope trout isn't on the menu? Be interesting to see if they do jail time?


My view

Posted on 20-11-2014 15:37 | By My View

Lets hope they just get a rap over the knuckles. This is a serious offence and the sentence should fit the crime.


The law should be applied evenly.

Posted on 22-11-2014 11:08 | By TheCameltoeKid

These 2 bozos need to be handed heavy sentences. But the law should treat all poachers the same whether they're taking trout or stealing off a farm. We had a case a couple of years ago where some boys from Matamata were running a poaching ring pinching venison and got the old "naughty naughty, don't do that again!" from the judge. Most of these judges these days are just lily-livered do-gooders who should just retire but won't because the money's too good.


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