WHITEBAIT POACHING.

Manawatu Herald, Volume XLVI, Issue 2787, 20 September 1924, Page 2

WHITEBAIT POACHING.

OFFENDERS BROUGHT TO BOOK. THE MAGISTRATE'S WARNING. At yesterday’s Magistrate’s Court, May Davey, Alfred Levy and Amy Merritt were eaeli charged with illegally fishing for whitebait in the creek, draining Robinson’s Lakes, which was closed to whitebait fishers by Order-in-Couneil in 11)22.

Constable Owen, inspector of fisheries for the Manawatu district, gave evidence as to the drain being dosed to whitebait fishers and outlined the history in connection-for such steps having been taken. The creek had been gazetted as closed two years ago.

All three accused pleaded guilty and were each fined £2 with 7/cosls.

The S.M., in inflicting the above lines, pointed out tliol the Act made provision for fines from £1 up to £2O for such offences. Seeing these wore first offenders the lines would not he heavy.

Edward C. Boyle, similarly charged with fishing in the drain with a sel. uel on the sth September, pleaded not guilty. Constable Ryan gave evidence that lie bad visited the creek at abont 10.15 a.m. on the sth September. He saw a whitebait net in the creek about two chains from the point of confluence with the Manawatu River. On investigation, be discovered defendant crouched in some toi toi six feet from the net. Reside defendant was a tin containing some live whitebait. Witness asked defendant if be owned the net but he replied he did not know whose it was. Witness then noticed footmarks about the net and mi the sand leading up to where Boyle wain the toi toi and remarked that they were the same footprints as were made by defendant’s gum boots. Defendant admitted lie had made the marks and then lifted the net out of the water and emptied some whitebait from it into the tin. Boyle said he had just found the net in the creek. When witness went !r. fold the net up he had to tear holes in it to get it to fold and defendant told him not to damage the net. A lad named Davey was present during part of the time when witness was speaking to defendant.

Cecil Davey, aged 13 years, said that lie saw Boyle on the bank of the creek. Doyle lifted the net just pievimis in (.'unstable Ryan’s appeal a nee but did not tip it. Edward t . ftuvle said that he had Im i a sutieiiiig lrein a bad leg and on tlie morning in question bad gone tin a walk down in the creek where lie disenvered a iici in the water, uliieh appeared to have been there fur sume considerable time, as it was squashed in. Cecil Davey arrived un ilie scene shortly after witness’s arrival and, thinking he was in charge of the net, asked him whose it was. The boy replied that he did mil know and said he was going birds’ nesting. Constable Ryan appeared on the scene almost immediately. Witness was not crouched in the toi toi but was sitting on the tin on account of his bad leg and watching the whitebait swimming over the net. Constable Ryan said he would have to commandeer the net and witness lifted it out of the water for him and tipped the whitebait in it into the tin, Constable Ryan assisting. He was not fishing for whitebait. . Constable Owen said that lie had received .numerous .complaints about Boyle fishing for whitebait in tlie creek and one day last year defendant, while under the influence of liquor, had boasted that he was fishing in the creek and that they would have a hard job.to catch him. Convicted and fined £2 with costs 15/-.