Illegal fishing costs boat, car

Last updated 05:00 15/08/2009

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A Bluff fisherman convicted of illegally selling fish was fined $15,000 and forced to hand his boat, Ford utility and gear to the Government when he appeared in the Invercargill District Court yesterday.

Lee Antony Barris, 39, appeared before Judge Kevin Phillips for sentence on 13 fisheries charges relating to illegal sale of blue cod and rock lobster.

Fisheries Ministry prosecutor Leonie Matehaere said Barris entered the guilty pleas a fortnight ago after eight other charges were withdrawn.

Barris' choice not to appoint a lawyer was questioned by Judge Phillips.

"You understand I really have no option but to make orders for the forfeiture of your boat and truck?"

Barris said he did and asked to read a pre-prepared statement in court.

"I'm here to accept responsibility for my actions," he said.

The case had been stressful on both him and his family and that stress had been compounded by an "overblown newspaper article" about the case, which had damaged his reputation in Bluff and the wider fishing community, his future prospects in the industry and he believed his contract supplying Sanford's was under threat.

However, he could not say for certain he would lose the contract, prompting Judge Phillips to tell him that made it difficult for him to take that into consideration.

Outlining the case, Judge Phillips said Barris, who had been involved in the commercial fishing industry for 17 years, seven of those as skipper of his own boat Defiant, said the charges related to selling blue cod and rock lobster in contravention of the Fisheries Act.

The act states that all fish taken on a registered fishing boat is deemed to have been taken for the purpose of sale unless an approval has been given by the chief executive of the Fisheries Ministry.

Barris had approval to harvest fish as long as he did not sell his catch.

Eight of the charges related to selling rock lobster and blue cod, while the remaining five related to taking fish for the purpose of sale.

Between June 14, 2008, and April 1, 2009, he had offered fish for sale on at least 53 occasions, usually by text message, in contravention of the regulations governing his commercial activity, Judge Phillips said.

During this time he had received $2475 for fish valued at more than $6000.

Judge Phillips said he believed Barris was one of the first fishermen in Southland to appear on these type of "blackmarket" charges and ordered him to forfeit the Defiant, his Ford Courier and all equipment.

He fined him $1500 on each of the selling charges and $600 on each of the remaining charges.

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Ms Matehaere said the Defiant would remain in Barris' care until a valuation had been made he then had the option to buy it back from the Crown.

- © Fairfax NZ News

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