ILLEGAL WHITEBAIT FISHING.

Shannon News, 8 November 1927, Page 3

ILLEGAL WHITEBAIT FISHING.

heavy fines at foxton.

(Manawatu Herald.) t the Foxton S.M. Court on Friday, before Mr J. L. Stout, S.M., several fishermen were fined for illegally fishing for whitebait in tlie drain it.ihc 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 m the eases bv the local public.

P. Tlalidone and R. Prentice were the first offenders to be dealt, with, neither of whom-pufc in an appearance. Constable Owen stated that this particular drain was closed by notice m the New} Zealand Gazette on 10th August, 1922 (produced), as a result of squabbles between the fishermen ami 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 hot i well able to work, bub had preferred to poach whitebait in the drain. They were living with the Maoris at the 'Beach and knew the regulation governing fishing In the drain. The S.M. in imposing ,a fine of *o with costs'l4s 6d m each case, remaiked .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 14tli, and the firmer was further charged with the same offence on October 33th. Trenbarth jdid not appeal*, but McDonald entered a plea of not guilty. Constable Owen in evidence stated tliat as a result of complaints witness paid a visit to the drain on September 34th, and -found the two accused fish- - ing in the drain with nets‘ (produced). 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 th| drain. It was the cleverest piece of net workmanship, witness had seen, and when set .in the bottom or tire drain could not be seen by a casual observer. On the first occasion witness visited ! the drain he watched theifwo men handling the nets in the drain for about an hour. On being accosted, McDon-' aid pleaded ignorance as to the laws prohibiting in. the drain. On the second occasion accused had v no excuse to offer. , Constable Bell gave corroborative evidence. , > _ Defendant in his evidence, stated that he was under engagement to the New Zealand iGovernment* to procure all kinds of New Zealand fresh water.fish." The first time he was caught he infppied Constable Owen of this fact. Tie

had previously fished in the drain in, 3920 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 vou. have no right to fish in waters prohibited by Order-iit-Council. Constable Owen stated that ou one occasion the Acclimait.isia.tion Society had sent a man .up to obtain fish from the drain, for research purposes, but ho had first obtained witness’s permission to visit the drain x • 1 Defendant said he was working for the New Zealand Publicity" Department which was endeavouring to obtain, pictures of the fishing industry. ■ Mr Phil iips 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 o' , the whitebait to the sea last March and had intended to do so at Horowhc nua. Trenbarth had got witness's'kb ters. He was on his way from Koputaroa and witness asked if the ease coiile 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 catch whitebait? Do you sell any that you catch! Defendant: No, none from the drain Constable Owen: Why didn’t you explain' this rvhen 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 ii. it it doesn’t? matter. I*im not'going to wait for Trenbarth. If he had anything he should be here. Defendant then explained to the court

that the net he was using was an eei * net and w r as set at night the pur- '■ pose of catching eels. . Whitebait did rot travel at night. 1 "“if lie S.M.: Bat. you' were caught in-

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 ease was again called, but Trepbftfth had failed to puj in an appearance. The Well he has had two hours 1 defendant: something must havfe happened. The Magistrate convicted and fined defendant -£5 on. the first charge and £lO on the second,*with costs totalling £1 2s, and Trenbarth £5 with costs 12s. C. E. Davey, a lad 17 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 tc sell in order to buya! 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. AH weip in poor circumstances. A posed in each case. (