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Fisherman David Mark Gerhart in Bowen court

A miner, whose fishing trip in his brand-new boat cost him much more than fuel, says it’s his mate’s fault.

David Mark Gerhart appeared in Bowen Magistrates Court on 10 June charged with failing to take reasonable steps and exercise due diligence to prevent a vessel from being used in committing an offence.
David Mark Gerhart appeared in Bowen Magistrates Court on 10 June charged with failing to take reasonable steps and exercise due diligence to prevent a vessel from being used in committing an offence.

A recreational fisherman has learned a hard lesson after letting his friend wet a line off his boat in the Great Barrier Reef.

David Mark Gerhart and his friend jumped on his new boat on December 21, 2023 for a day out on the water but Proserpine Magistrates Court heard he relied on a more experienced mate’s advice.

The court heard helicopter surveillance off the coast of Townsville located a recreational fishing boat near the boundary of the Great Barrier Reef Marine Park’s green zone with two males on board, one holding a fishing line.

When police intercepted the boat they located bait, filleting knives, a tackle box, buckets, and two rods.

GPS on the boat showed the pair had been 82 metres inside the marine park where fishing was not permitted.

Fishing is prohibited in the Marine National Park (Green) Zone of the Great Barrier Reef.
Fishing is prohibited in the Marine National Park (Green) Zone of the Great Barrier Reef.

The now 49-year-old miner told police he and his friend had started fishing around 8am but hadn’t had much luck that day.

He told them he definitely did not fish in the zone and he thought all lines were out of the water when the helicopter flew over.

Solicitor Cleo Rewald of Richards Rewald Lawyers appeared as duty lawyer on behalf of Mr Gerhart telling the court the father of four had never been fishing in the area and this was one of his first trips on a new boat, he was still acquainting himself with.

She said it was his friend who was familiar with the area who suggested they go fishing that day and who assured Mr Gerhart it was fine to fish in that location, and he had done so previously.

“During the course of the day Mr Gerhart perhaps took far too much instruction from his friend,” she said.

Ms Rewald told the court Mr Gerhart was not fishing in the marine park, and he has not had this particular friend on his boat since.

Mr Gerhart pleaded guilty to failing to take reasonable steps and exercise due diligence to prevent a vessel from being used in committing an offence.

He was fined $2200 and ordered to pay $110 in court costs.

A conviction was recorded.

Originally published as Fisherman David Mark Gerhart in Bowen court

Original URL: https://www.dailytelegraph.com.au/news/fisherman-david-mark-gerhart-in-bowen-court/news-story/bbd3021720a78f59447515c947683f67