Fisherman fined for illegal fishing at special zone [1]
Wednesday, April 27, 2022 - 04:47
By Linny Folau
Siaosi Faingata’a (24) of Navutoka was fined by the Court $500 for fishing in the Manuka Special Management Area, in a neighbouring village where he was not a resident, in the eastern district of Tongatapu.
Hon. Mr Justice Niu fined Faingata’a on 21 April for the offence of contravening the Fisheries (Coastal Communities) Regulations, at the Supreme Court in Nuku'alofa.
He said this regulation allowed only residents of Manuka who are registered, or persons approved and registered by the Manuka Coastal Community, to fish in the Manuka Special Management Area.
The offence occured on 20 November 2021, when the accused and two other accused persons, Taulango Militoni and Losipeli Taufa, were found with 1 porcupine fish (sokisoki), 2 stone fish (nofu), 22 other types of fish, 4 sea urchins (tukumisi), 2 octopus (feke) and 2 baby octopus (ngu feke) as they came out of the Special Management Area.
“You were all fishing at the time which was about 1:43am and you were using torches as light, which were observed from the shore of Manuka. You were fishing in the special management area of Manuka for about one hour and then you all came ashore and were all arrested with your said catch by the police,” said the judge.
The court was told that the accused had been fishing like this for sale to support his famly for four-years, going on five now.
Meanwhile, the prohibited fishing area of Manuka was marked with flags planted about 40 meters from the shore which were above the water by about 1 meter at high tide and about 100m to the other flag on the shore side, and that two corresponding floats were anchored and floated about 50 meters on the sea side from the two flags.
The accused said, the purpose of his fishing that night was for food and for sale, and when arrested, the police took all of their fishing gear were taken, as well as the fish caught and so they had not been able to fish anymore.
What he does now is to help his wife with her weaving by looking after the young children while she does her weaving, which is now their only income, he said.
However, the judge said considering that he was able to catch up to $1,000 worth of fish per week, and that he was able to buy a vehicle for $7,000 as a result, he considered that a fine of $500 would be warranted, as his first offence.
He then sentenced him to pay $500 within one month from 21 April. In default of payment he shall be imprisoned for two-months.
The judge ordered that the spear, flippers, inner tube, goggles and snorkel belonging to the accused be returned to him. While, the catch be returned to the Manuka Special Management Area Committee.