Diver off the hook for undersize crayfish

A KwaZulu-Natal diver is off the hook after the Supreme Court of Appeal (SCA) set aside his conviction and sentence for being in possession of four undersize lobsters.

The court found on Wednesday there was a "reasonable possibility" that crayfish diver Ian Cameron intended measuring his catch, before a fisheries inspector confiscated the lobsters.

A KZN fisheries inspector stopped Cameron moments after he finished his dive for crayfish at Tiffany's Reef off Salt Rock Beach.

Cameron's bag containing his catch of seven crayfish was searched and four undersized East Rock lobsters were found. The crayfish and the diving gear were confiscated.

A Durban magistrate sentenced Cameron to pay a fine of R2 400 or imprisonment for 90 days.

On appeal to the Natal High Court the sentence was reduced to a fine of R600 and, failing to pay, 30 days imprisonment.

Cameron however appealed to the SCA and insisted that the inspector had confiscated the crayfish before he had a chance to measure it. The Bloemfontein court agreed with this.

The SCA judgment also rejected the narrow interpretation of the regulations by the Natal High Court in that a fisherman committed an offence even if he had had no opportunity to measure his catch.

Source: www.iol.co.za