Marine officers hit out at ruling on undersized kreef

Marine law enforcement officers have expressed surprise at an Appeal Court ruling that let a KwaZulu Natal diver with undersized rock lobster off the hook.

But they say the judgment won't make them soften their approach to prosecuting people who take out undersized kreef, or any other marine resource.

This comes after the Appeal Court judges believed a claim by diver Ian Cameron, who was arrested in KwaZulu Natal for being in possession of four undersized East Coast Rock Lobster, that he intended to measure them on the concrete steps near where his car was parked.

He said he had not wanted to do so earlier, because he did not want to dirty his equipment by putting it down on the sand or grass.

Craig Spencer, head of Overstrand Municipality's nature conservation department, said yesterday: "Where would the court draw the line? What if a guy said he had left his measuring device at home, so he needed to measure them there? And what if the undersized specimen was a fish? By the time he had decided it was undersized it would be too late. Might as well make fishcakes with it on the shore or open a sushi bar."

Spencer said the regulations were "absolutely clear". They say no one may be in possession of an East Coast Rock Lobster with a carapace length of less than 65mm. He said the device to measure lobster was plastic and designed to work in the water.

"It's not a lot to ask a diver to measure his catch in the water," Spencer said. "Can you imagine if we had to walk with every diver to wherever he chose to measure his lobster and then walk back to ensure the undersized ones were returned?"

Andre Share, fisheries manager at Marine and Coastal Management, said yesterday: "We will continue to prosecute and hand out fines for people in possession of undersized marine resources. There are no gaps in the legislation in this regard."

Source: Cape Times