Sentencing — master of ship conducting fishing operations in protected area — R v Watson DC Auckland CRI-2011-090-6041, 3 December 2013 — Ministry of Fisheries v Alfred Fishing Ltd DC Nelson CRI-2008-042-1047, 14 May 2009 — Ministry of Transport v MacDonnell DC Blenheim CRI-2010-006-1842, 30 November 2010. The defendant pleaded guilty to being a master of a ship, conducting fishing operations in a protected area. The protected area was a part of Cook Strait containing the submarine power and telecommunication cables that connect the North and South Islands. Fishing is prohibited in this area to protect the cables from damage. Patrolling officials had seen the defendant near the protected area, with some of his fishing gear inside it. Following instructions from the officials the defendant severed his fishing lines and tried to recover his floats, but some of the gear was lost, leading to a costly helicopter search to recover it. The prosecution argued that for the defendant to fish so close to the protected zone amounted to gross recklessness, and argued for a starting point of a fine of $30,000. The prosecution added that the defendant ran a commercial operation and should have taken a more professional approach to risk-taking. The defendant argued that he had taken reasonable steps to minimise the risk and had followed the instructions from the officials, and that his fishing gear had in fact posed little risk to the cable. He had been careless, but not reckless. The court found that the defendant had been neither grossly reckless nor careless; he had been seriously careless. His actions had the potential to damage the cables. The starting point for a fine was $25,000. With reductions for the defendant's cooperation, good character, guilty plea and financial strain, the final fine was $12,000. Judgment Date: 28 February 2018.