One of two Bay of Plenty men convicted of poaching spawning trout last winter from a stream near Rotorua has received a precedent-setting 12 months jail sentence.

In handing down his sentence to Thomas Tawha, 41, of Kawerau, Judge Weir says it is the most serious poaching case of its kind in the last decade, anywhere in New Zealand.

Some of the trout poached last winter. Photo: Supplied.

The maximum penalty is two years imprisonment and/or a $100,000 fine.

Tawha's co-offender David Pake Leef, 35, of Te Teko failed to appear in court and Judge Weir issued a warrant for his arrest.

Tawha and Leef were found guilty at a hearing in November of poaching as many as 60 spawning trout from a spawning stream near Lake Rotiti.

Eastern Fish & Game Region Manager Andy Garrick says the sentence reflects the seriousness of the offending.

'It sends a very strong message to would-be poachers that it's offending that's now taken seriously by the Courts,” says Andy.

'These two men plundered a vulnerable spawning stream and in the process, not only took mature spawning fish but disturbed and damaged fragile spawning grounds where trout have laid their eggs.

'The scale of the offending, with so many fish in prime breeding condition involved, is disturbing. The sentence the judge imposed today serves as a very stern warning to others that poaching trout is just not worth it.”

Poaching impacts on the regional economy because it relies heavily on tourism, with visiting anglers spending millions of dollars every year in the area.

Fish & Game is now looking at repairing some of the damage the poachers caused in the spawning stream, and an extra release of juvenile trout from the Fish & Game Ngongotaha trout hatchery is planned, says Andy.

When they first appeared late last year, Tawha and Leef refused to accept the court's jurisdiction and claimed customary rights to take the fish. Judge Weir rejected their claims, saying they do not apply to trout as an introduced species.

The issue has previously been argued 'right through the High Court and Court of Appeal and it is very clear that the law applies to everyone,” says Andy.