ILLEGAL FISHING FOR WHITEBAIT.

Manawatu Herald, Volume XLVIII, Issue 3713, 5 November 1927, Page 2

ILLEGAL FISHING FOR WHITEBAIT.

POACHERS HEAVILY FINED. At the local S.M. Court yesterday, before Mr. J. L. Stout, S.M., several local fishermen were fined for illegally fishing for whitebait in the drain at the Beach. The Courthouse resembled a fishing emporium, nets of all sizes and descriptions occupying all the available floor space. Well filled benches indicated the interest evinced in the cases by the local public.

P. Halidone and R. Prentice were the first offenders to be dealt with, neither of whom put in an appear-

ance. Constable Owen stated that this particular drain was closed by Notice in the New Zealand Gazette on 10th August, 1922 (produced), as a result of squabbles between the fishermen and on account of the Maoris considering the whitebait should be allowed to travel up the drain into the lakes to spawn and so increase the supply. The two accused were young men and both well able to work, but had preferred to poach whitebait in the drain. They were bring with the Maoris at the Beach and knew the regulation governing fishing in the drain. The S.M. in imposing a fine of £5 with costs 14/6 in each case, remarked that the • offenders must know well enough by now that they were not allowed to fish in the drain. Hector McDonald and Michael Trenbarth, of Levin, were both charged with fishing in the drain on September 14th, and McDonald was further charged with the same offence on October 13th. Trenbarth did not appear, but McDonald entered a plea of not guilty. Constable Owen in evidence, stated that some time ago the two accused came to Foxton from Levin and camped at the Manawatu Heads not far from the drain. As a result of complaints witness paid a visit to the drain on September 14th, and found the two accused fishing in the drain with the nets (produced), one of which had subsequently been identified as stolen property. On the second occasion McDonald had been found in charge of an oblong net of expert make, and calculated to catch all the whitebait that went up the drain. It was the cleverest piece of net workmanship witness had seen, and when set in the bottom of the drain could not be seen by a casual observer. On' the first occasion witness visited the drain he watched the two men handling the nets in the drain for about an hour. On being accosted, McDonald pleaded . ignorance as to the laws prohibiting fishing in the drain. On the second occasion accused had no excuse to offer. Constable Bell gave coroborative evidence. Defendant in' his evidence stated that he was under engagement to the New Zealand Government to procure all kinds of New Zealand fresh water fish. The first time he was caught he informed Constable Owen of this fact. He had •previously fished in the drain in 1920 before it .was closed and did not, until accosted by Constable Owen, know that fishing in the drain was now illegal. The S.M.: Have you any written authority from the Government? Even so you have no right to fish in waters prohibited by Order-in-Council. Constable Owen stated that on one occasion the Acclimatisation Society had sent a man up to obtain fish from the drain for research purposes, but he had first obtained witness’ permission to visit the drain. . Defendant said he was working .for the New’ Zealand Publicity Department. which was endeavouring to obtain pictures of the fishing industry. Mr. Phillips would be the man who had previously visited the drain. The Department was anxious to know what sort of fish preyed, on the whitebait. They were supposed to start filming the return of the whitebait to the sea last March, and had intended to do so at Horowhcnua. Trenbarth had got witness’s letters. He was on his way from Koputaroa and witness asked if the case could be put back to allow him time to get to Foxton. The S.M.: Why isn’t he here? He knows the time set down for the hearing of the case. Continuing defendant said that scientists were using the information supplied by him, but he was only paid when he worked. The S.M.: Are you paid to cateh whitebait? Do you sell any that you catch? Defendant: No, none from the drain. Constable Owen: Why didn’t you explain this when you were caught? Defendant: Why should I? * The S.M.: Well if you’d done so, and it was correct you wouldn’t have been here. But if there’s nothing in it it doesn’t matter. I am not going to wait for Trenbarth. If he had anything he should be here. Defendant then proceeded to explain to the court that the net he was using was an eel net and was set at night for the purpose of catching eels. Wlhitebait did not travel at night. The S.M.: But you were caught m the daytime. The S.M. finally agreed to allow the case to stand down until the completion of the rest of the business. At 12.30 the case was again called, but Trenbarth had failed to put in an appearance.

The S.M.: Well he has had two || hours now. Defendants Evidently something must have happened. The S.M.: Something is going to happen to you. He then convicted and fined defendant £5 on the first charge and £lO on the second, with costs totalling £1 2s Od, and Trenbarth £5 with costs 12/-. Two weeks were allowed McDonald to pay the fine. C. E. Davey, a lad i. 7 years of age, and Harriet Chisholm and Thelma Andrew, two married women, were each similarly charged with illegally fishing for whitebait in the drain on September 15th. Constable Owen said that on the date in question he had watched the two ladies fishing in the drain for about an hour when Davey appeared on the scene. When accosted one of the ladies said that she was fishing in the drain to get , whitebait to sell in order to buy a new frock to go to a ball in. The other said she had been warned not to fish in the drain by her husband, but the temptation had proved too great. All were in poor circumstances. A fine of 40/- with costs 12/-, was imposed in each case.