Two fishermen fined for unlawful sea cucumbers harvest [1]
Friday, August 20, 2021 - 17:59
Two men were today fined $2,400 pa'anga each for possession of 784 sea cucumbers, during its closed season on March 10 earlier this year.
Suliasi Afu and Tevita Loni both 46-years-old were jointly charged under regulation 26(4) of the Fisheries Management (Conservation) Regulations and section 102 of the Fisheries Act.
Hon Mr Justice Niu during sentencing at the Nuku'alofa Supreme Court, said at about midday that day, a team of fisheries officers carried out an operation on the far end of the beach at Sopu.
“The officers found both these two by a tent there and a motor car beside it. Inside the car was a cooler of sea cucumbers and Suliasi, told the officers that those sea cucumbers were his, and you told me in Court that there were 185 sea cucumbers in that cooler,” he said
In addition, three coolers and two sacks of sea cucumbers were also found and Tevita told the officers they were his. There were 599 sea cucumbers in those coolers and sacks.
Both admitted to the offending and cooperated with the officers and pleaded guilty. They had no previous convictions.
Tonga's closed season for sea cucumbers runs from October 1 to March 31.
The Crown pointed out that this offence was serious because of the substantial amount of the maximum fine of $250,000, and because of the large quantity of 784 sea cucumbers found.
Commercial sale
The judge said these two fished the sea cucumbers knowing it was still the closed season for fishing them.
“I must consider that they possessed these 784 sea cucumbers for commercial purpose, namely sale for profit,” he said.
"Suliasi, told me that you fished the sea cucumbers for food making for the Queen Salote College Day, but Poasi Ngaluafe, the fishery officer has informed me, and I believe and accept his evidence, that the most you would require for such purpose would be 10 sea cucumbers but there were 784 sea cucumbers instead, and that clearly indicates a commercial purpose. That purpose was conveyed by Tevita to the Probation Officer, which was to sell the sea cucumbers to the Chinese for money."
“Furthermore, fishing sea cucumber or possessing sea cucumber for sale or commercial purpose is the most serious of the offences of possessing sea cucumber, and it must attract a fine commensurate with such purpose,” he said.
The relevant Acts been enacted by the King and the Legislative Assembly to protect the fishery resources of the Kingdom.
“This is so that those resources are conserved and are not depleted, that they continue to grow and multiply and grow so that the Kingdom has enough to export and to leave enough to grow and multiply and to continue endlessly,” he said.
"It is that serious because the marine resources of the Kingdom are its only natural resources."
“I consider that you already arranged the buyer to buy them from you, before you went and fished for them,” the judge said.
He fined them $2,400 each to pay within two-months from today or in default serve three-months imprisonmen each.
The sea cucumbers were forfeited to the Crown.