Three Chinese skippers arrested off the East London coast last month in possession of 600 tons of chokka have pleaded guilty and have been fined a total of R700 000.
The money was paid instantly, securing their release back to China.
At least one expert warned that the skippers would return, given the leniency shown by the court.
The three trawlers – Fu Yuan Yu 7880, Fu Yuang Yu 7881 and Run Da 617 – have been moored in the East London harbour since the arrests last month.
The Hawks said yesterday the crews of all three vessels were still in port.
“They are preparing to leave by next week Tuesday or Wednesday. They are now busy negotiating port charge fees,” Eastern Cape Hawks spokeswoman Captain Anelisa Feni said.
She said once they had sailed, the skippers would not be escorted but would be monitored via satellite and their own vessels’ tracking systems.
Authorities became suspicious of the vessels when they did not respond to radio instructions to head to port, resulting in the vessels racing away and South African Navy forces having to intercept them.
The court heard that the vessels were on their way to China from the Argentine south Atlantic, where they had the required authority to carry out fishing operations, when they were caught on May 22.
They said they had moved into South African waters after experiencing bad weather.
The 600 tons of squid found on board, valued at R70-million, was not from South African waters and the trawlers have been permitted to leave with it.
The three, however, pleaded guilty and were convicted for failing to have permits for vessel squid fishing gear and failing to comply with a lawful instruction of a fishery control officer to stop.
Dianxin Jiang, 57, skipper of hi-tech Chinese fishing vessel Fu Yuan Yu 7880, pleaded guilty and was fined R200000 for unlawfully having on board squid fishing gear without a permit.
Baohua Qi, 40, skipper of sister ship Fu Yuang Yu 7881, was fined R200000 for unlawfully having on board squid fishing gear without a permit.
He was also further fined R50000 for failing to immediately comply with the lawful instruction of a fishery control officer when he too was ordered to stop his vessel.
Jiambo Yu, 46, skipper of the Indonesian Run Da 617 which flies the Chinese flag, also pleaded guilty and was fined R200000 for also being in possession of squid fishing gear without a permit.
Advocate Chris de Klerk was the prosecutor while William King SC appeared on behalf of the accused.
De Klerk argued that South Africa’s marine resources needed to be protected against possible illegal fishing.
By pleading guilty, the skippers obtained the release of the vessels and the crew was allowed to return to China without any further delay.
Factors taken into account for sentencing included the seriousness of the offence and the interest of the community plus the financial position and general history of the individuals. They all had no previous convictions.
The court found that by pleading guilty the accused had taken full responsibility for their actions and displayed true remorse.
“The problem is what they were apprehended for is relatively minor.
“The damage which they and their compatriots are doing in our waters when they are not caught is huge.
“That means when you catch one, and they are so difficult to catch, even for a minor offence, that punishment must be so huge that they don’t come back here.
“That fine will be paid off quickly in the first day’s catch and they will be back soon.
“But I accept the fact that that is the best that the prosecution could do, given the relatively minor offence that they were caught for.”
In terms of article 73(3) of the United Nations Convention of the Law of the Sea, to which South Africa is a signatory, penalties for the violation of fisheries laws and regulations in the exclusive economic zone may not include imprisonment.
The law also protects the skippers’ vessels from being forfeited to the state and as a result the state did not apply for a forfeiture order.
The Department of Agriculture, Forestry and Fishery did not respond to questions at the time of writing yesterday. — zwangam@dispatch.co.za
Rogue trawlers net penalty of R700 000
The money was paid instantly, securing their release back to China.
At least one expert warned that the skippers would return, given the leniency shown by the court.
The three trawlers – Fu Yuan Yu 7880, Fu Yuang Yu 7881 and Run Da 617 – have been moored in the East London harbour since the arrests last month.
The Hawks said yesterday the crews of all three vessels were still in port.
“They are preparing to leave by next week Tuesday or Wednesday. They are now busy negotiating port charge fees,” Eastern Cape Hawks spokeswoman Captain Anelisa Feni said.
She said once they had sailed, the skippers would not be escorted but would be monitored via satellite and their own vessels’ tracking systems.
Authorities became suspicious of the vessels when they did not respond to radio instructions to head to port, resulting in the vessels racing away and South African Navy forces having to intercept them.
The court heard that the vessels were on their way to China from the Argentine south Atlantic, where they had the required authority to carry out fishing operations, when they were caught on May 22.
They said they had moved into South African waters after experiencing bad weather.
The 600 tons of squid found on board, valued at R70-million, was not from South African waters and the trawlers have been permitted to leave with it.
The three, however, pleaded guilty and were convicted for failing to have permits for vessel squid fishing gear and failing to comply with a lawful instruction of a fishery control officer to stop.
Dianxin Jiang, 57, skipper of hi-tech Chinese fishing vessel Fu Yuan Yu 7880, pleaded guilty and was fined R200000 for unlawfully having on board squid fishing gear without a permit.
Baohua Qi, 40, skipper of sister ship Fu Yuang Yu 7881, was fined R200000 for unlawfully having on board squid fishing gear without a permit.
He was also further fined R50000 for failing to immediately comply with the lawful instruction of a fishery control officer when he too was ordered to stop his vessel.
Jiambo Yu, 46, skipper of the Indonesian Run Da 617 which flies the Chinese flag, also pleaded guilty and was fined R200000 for also being in possession of squid fishing gear without a permit.
Advocate Chris de Klerk was the prosecutor while William King SC appeared on behalf of the accused.
De Klerk argued that South Africa’s marine resources needed to be protected against possible illegal fishing.
By pleading guilty, the skippers obtained the release of the vessels and the crew was allowed to return to China without any further delay.
Factors taken into account for sentencing included the seriousness of the offence and the interest of the community plus the financial position and general history of the individuals. They all had no previous convictions.
The court found that by pleading guilty the accused had taken full responsibility for their actions and displayed true remorse.
“The problem is what they were apprehended for is relatively minor.
“The damage which they and their compatriots are doing in our waters when they are not caught is huge.
“That means when you catch one, and they are so difficult to catch, even for a minor offence, that punishment must be so huge that they don’t come back here.
“That fine will be paid off quickly in the first day’s catch and they will be back soon.
“But I accept the fact that that is the best that the prosecution could do, given the relatively minor offence that they were caught for.”
In terms of article 73(3) of the United Nations Convention of the Law of the Sea, to which South Africa is a signatory, penalties for the violation of fisheries laws and regulations in the exclusive economic zone may not include imprisonment.
The law also protects the skippers’ vessels from being forfeited to the state and as a result the state did not apply for a forfeiture order.
The Department of Agriculture, Forestry and Fishery did not respond to questions at the time of writing yesterday. — zwangam@dispatch.co.za
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