Two men facing charges over the taking of whitebait without a licence had no case to answer, a defence lawyer said in the Launceston Magistrates court.
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Peter John Thomas, 65, of Summerhill is yet to plead to 46 counts brought under the Inland Fisheries Act 1995 relating to the taking of whitebait in Great Musselroe Bay between September 3 2021 and October 23 2021.
Steven John Dawkins, 67, of Dilston is also yet to plead to 24 counts between September 3 and October 29 2021. The two men first appeared on the charges in Jan 2023.
Whitebait is a collective term for the immature fry of fish which are typically between 25 and 50mm long.
In Tasmania a whitebait season is between October 1 and November 11 each year between sunrise and sunset and there is a 2kg daily limit.
Charges include counts of using a net other than a landing net or permitted seine net in inland waters.
A key issue in the prosecution case revolves around whether or not the whitebait were taken in inland waters or in sea waters.
The "seaward limit" where the waters of the river meet the sea at low tide is the limit of the jurisdiction of inland fisheries.
Mr Thomas's barrister Bill Griffiths said he was not sure how the prosecution would be able to overcome a report it had sought from an expert surveyor which said that inland fisheries could not show it had jurisdiction.
"In my opinion a single point or level of the mean low water of ordinary spring tides and the place where the river meets the water of the sea cannot be definitively determined by field survey," the report said.
Crown prosecutor Madeleine Wilson sought an adjournment for six to eight weeks to assess the prospect of conviction.
She said that it was not unusual for further investigation to take place once pleas were entered.
The court heard that the further investigation could result in widening implications for any future offences under the Act.
In the past Inland Fisheries pursued prosecutions and exacted large fines over many years without turning its mind to where its jurisdiction lies, Mr Griffiths said.
Mr Griffiths said in reply that disclosure of crown evidence should come before pleas were entered.
He said the first request for disclosure of evidence was made in writing in February 2023.
"Defence does not want to be regaled with disclosure shortly before the trial," he said.
Ms Wilson said the crown would endeavour to have any further reports available by the next mention date set down by magistrate Evan Hughes for June 13.