$8500 fine for killing swans

Killing two protected white swans on the opening day of the hunting season has landed a Canterbury hunter with an $8500 fine.

Fish & Game said it was one of the biggest penalties handed out in the region for killing an "absolutely protected" species.

David Duncan Bates, 48, of Motukarara, pleaded guilty in the Christchurch District Court yesterday to two charges under the Wildlife Act after shooting the swans at the North Rakaia Huts in May.

There are an estimated 100 white, or mute, swans left in the wild in New Zealand, mainly in Canterbury and Hawke's Bay.

Marty Robinson, for Fish & Game, said the killings were "very serious" because the birds were so rare.

Judge Raoul Neave said Bates immediately accepted responsibility for shooting the swans, which he had done in ignorance.

"When it was made plain to Mr Bates what he had done, he was absolutely horrified.

"This is not someone it is appropriate to regard as irresponsible."

The judge said the legislation was vital to protecting New Zealand's wildlife.

Ambiguity in a Fish & Game publication for hunters was likely to have led Bates to "come to grief", he said.

Anyone convicted of killing an absolutely protected bird faces a maximum penalty of six months jail or a fine of up to $100,000, plus up to $5000 for each additional bird killed.

The judge's starting point for the fine was $20,000, which was reduced for Bates' clean 35-year hunting record, his guilty plea, and Fish & Game's "ambiguous" hunting booklet, which contributed to the error.

Bates also donated $2000 towards Willowbank Wildlife Reserve's brown teal duck breeding programme and investigated whether it was possible to import swan eggs to "fix the problem".

The judge did not demand that Bates forfeit his shotgun, saying it would be an overreaction considering his contribution to the community as part-owner of a hatchery that provided Fish & Game with salmon fry to restock rivers.

North Canterbury Fish & Game regional compliance officer Brian Ross said the sentencing was a "good result" and was one of the biggest fines in the region for shooting protected birds.

"It sends a clear message that Fish & Game aren't prepared to let people shoot these things, even if they are our customers," he said.

The organisation would consider changing its booklet in light of the judge's comments.

Bates declined to comment, but his lawyer, Allister Davis, said an appeal was being considered.