Sealord vessel forfeiture unnecessary
Nelson-based Sealord Group Ltd, 50 percent owned by Maori, does not have to forfeit a vessel that was used in the illegal dumping of fish in the Southern Ocean, the Nelson District Court recently ruled.
Sealord was innocently brought into the case when it emerged that a former skipper, first mate and factory manager aboard the trawler Aorere had illegally dumped Southern Blue Whiting overboard and hidden their actions from their employer, Sealord.
The men were all subsequently convicted of offences under the Fisheries Act. However, the Act also provides for forfeiture of the vessel to the Crown unless special reasons exist to allow Sealord to keep the vessel.
In a reserved judgement, Judge John Walker said it was clear from the evidence that all of the crew knew that Sealord would not condone dumping and that such activity would be regarded by Sealord as serious misconduct. The said there were special reasons that supported non-forfeiture by Sealord. These included:
• The dumping was carried out secretly at sea with steps taken on board to ensure that it was not discovered by Sealord;
• The master acted in an aberrant and unpredictable manner and Sealord put its trust in him, and
• The dumping was contrary to clear policies of Sealord.
Sealord has been conscientious in its systems to avoid breaches of the Fisheries Act, but this offending was accompanied by the falsification of an on-board recording to hide the breach.
Sealord’s chief executive Graham Stuart said at the time the men were convicted that Sealord strongly condemned their actions. “Sealord does not condone dumping because it undermines the Quota Management System (QMS). We fully support the QMS and we spend considerable time and effort instructing and training our crews to comply with fisheries law.”
Mr Stuart said Sealord no longer chartered the Aorere nor employed any of the men convicted of dumping and had fully co-operated with the Ministry of Fisheries during their investigation.
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