A fishing company prosecuted for illegally fishing near the Motu River during a seasonal ban still has use of its boat while court processes are settled.

Gisborne company Pegasus II Fishing and skipper Baylee Robert Reriti, 23, were sentenced in Christchurch District Court on May 30 on one charge each under the Fisheries (Auckland and Kermadec Areas Commercial Fishing) Regulations 1986.

In December 2023, Fisheries New Zealand received information from the public that a commercial fishing vessel was operating near the Motu River.

Inquiries found the vessel Rose Croix, skippered by Mr Reriti, was fishing inside the seasonal prohibition area on both December 16 and 17. This was confirmed through the electronic reporting and global position reports.

A seasonal prohibition has been in place for 50 years and applies to all commercial harvesting of finfish every year from December 1 to March 31 within a six nautical mile radius of the Okatoa rocks near the Motu River.

Fisheries New Zealand seized 2185kg of fish, mostly snapper and kahawai, with a value of $16,504.

Acting Fisheries New Zealand district manager of fisheries compliance, Chris Beal, said Reriti said he was unaware of the seasonal prohibition and had not looked into the rules and regulations for the area.

“We expect commercial fishers to be aware of the rules and regulations associated with their work such as knowing an area is closed – the rules are there for a reason, to protect fisheries and ensure sustainability of our shared resources into the future,” Mr Beal said.

The Ministry for Primary Industries led the prosecution, which resulted in Pegasus II Fishing Ltd being fined $9000 and Reriti $4000.

The vessel Rose Croix and associated fishing equipment was forfeited to the Crown as part of the sentence, but the company is still permitted to use it under a user agreement with MPI.

Fisheries New Zealand director of fisheries compliance, Steve Ham, said forfeiture happens automatically in most prosecutions involving commercial fishing.

He said the court would then conduct a forfeiture hearing process to determine whether the owner of the vessel should receive relief from the forfeiture.

“While this process is ongoing, the vessel is released to the owner under specific conditions, including that no further offending can take place.

“This approach prevents a potential manifest unjust situation from arising while a forfeiture relief hearing is pending. It also prevents taxpayers from having to pay for maintenance of the vessel over extended periods while the Court considers applications for relief from forfeiture.”

Fisheries New Zealand has issued a public notice that anyone claiming an interest in the forfeited property can apply to Ōpōtiki District Court for relief from forfeiture within 35 working days of the date of forfeiture.