HAIL THIS CATCH
Illegal fishers beware, says Ian Bertram
By Charles Pitt

The Adelita in Cook Islands waters . photographed
from a Royal New Zealand Air Force Orion patrol plane.

The Ministry of Marine Resources is hailing the High Court’s $450,000 decision against the American vessel “Adelita” as an important blow against illegal fishing.
Secretary for Marine Resources Ian Bertram said the court fines were the result of a lot of hard work by Police officers aboard the Te Kukupa and his staff.
He also credited lawyer Mike Sullivan (Oceanlaw NZ Ltd) for preparing such a detailed and thorough case for the prosecution.
Said Bertram: “This result was an important victory for the people of the Cook Islands and sends a strong message to other would be illegal fishers that if they are caught fishing illegally in our waters they will face severe consequences.”
SEEN
Bertram also said the result was vindication for him and his staff for following the case through to its ultimate conclusion.
“We must be seen by the international community to be fully exercising our laws and that we can’t be bought off or swayed from this course of action,” he said.
Bertram said the tuna resources of the Pacific are extremely valuable, worth some five billion dollars to the region annually.
Illegal fishing and overfishing have therefore become a major concern for island nations. Especially those with large fishery waters and very limited means with which to monitor them.
Said Bertram: “It is vitally important for this country to support the patrol boat programme and Te Kukupa as one of our few means of deterring illegal fishing in our waters.”
Despite the successful result the Ministry staff believe they were to some extent hamstrung by the limitations of the Marine Resources Act 1989.
REWRITE
They have since completely rewritten the Act to overcome these limitations and bring the legislation into line with recent international developments in fisheries law.
The new Marine Resources Act 2005, which came into force in October 2005, has significantly heavier penalties for fisheries infringements. This will provide a much stronger deterrent against illegal fishing.
Bertram confirmed that there were no cases pending under the new Act as yet. He said the Ministry is looking to run another workshop with the crew of the Te Kukupa on boarding procedures under the new Act.
The Times was not able to reach Tapi Taio, president of the local Tuna Fishing Association for comment, before printing.
MASTER
On Wednesday 4 October, the High Court imposed fines totalling $450,000 on Harry Burgess, the master of the American-registered longline vessel “Adelita”. It had been apprehended in November 2004 fishing illegally in Cook Islands waters.
A New Zealand Orion aircraft spotted the Adelita and it was apprehended by the patrol boat Te Kukupa and escorted to Avatiu harbour.
In May 2006, Burgess agreed to plead guilty to three charges in exchange for a number of conditions, one of which was not going to prison.
Chief Justice David Williams, in a 55-page judgement, imposed the fines under the old 1989 Marine Resources Act.
Burgess was fined $200,000 for illegal fishing, $100,000 for failing to stow fishing gear while transiting the zone and $150,000 for obstruction and destroying evidence.
The maximum fines could have been: $500,000 for illegal fishing, $500,000 for transiting and $250,000 for obstruction or imprisonment for a term not exceeding 2 months or both.
Fish from the seized vessel was sold, fetching $7,932.60, and this amount is forfeited to the Crown.

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