Fisheries compliance enforcement 2022-23

Client Contacts and Enforcement: All Fishery Programs (2022-23)

Around 36,600 client contacts were made (where powers were exercised / not including surveillance).
The detection of 4399 offences resulting in:
- The issue of 2471 written warnings
- The issue of 1603 penalty notices totalling $550,575 in value.
- The commencement of 148 prosecution actions
- 177 other outcomes such as verbal cautions and stop work orders
173 offences were successfully prosecuted, including:
- 148 court imposed fines totalling $140,705 in value
- 13 Conditional Release orders
- 9 community correction orders
- 6 gaol sentences
- 6 intensive correction orders
- 2 prohibition orders

Seizures due to non-compliance (2022-23)

Over 32,700 invertebrates seized including:

19,626 Cockles
2,657 Abalone
2,473 Nipper (saltwater)
1,940 Whelks
1,802 Molluscs (shellfish)
1,064 Black Nerite Sea Snail
919 Turban Snails
514 Shellfish
418 Crab
416 Yabbies

Over 2,960 fin fish seized including:

471 Mulloway
462 Tailor
429 Yellowfin Bream
214 Silver Trevally
185 Snapper
154 Tarwhine
139 Sand Whiting
111 Sweep
90 Mullet
77 Dusky Flathead

Over 1,320 items of fishing gear/equipment including:

775 Crab trap
129 Yabby trap
89 Fishing line
65 Hoop or lift net
45 Other - Miscellaneous
27 Cast net
27 Spear
26 Lobster trap
23 Bait net
22 Bait trap

Most common offences (2022-23)

#	Program	Count	%
1	Section 34J(1), Recreational fisher fails to pay fishing fee, FMA1994	1113	25.30%
2	Section 16(1), Possess prohibited size fish - first offence, FMA1994	694	15.78%
3	Section 34J(2), Fail to have official receipt in immediate possession, FMA1994	348	7.91%
4	Section 18(2), Possess more than possession limit - first offence, FMA1994	311	7.07%
5	Section 41, Harm or attempt to harm any animal in sanctuary zone, MEMA2014	243	5.52%
6	Section 124A(5) Commercial Fisher fail to make real time report - first offence FMA1994	144	3.27%
7	Section 20A(3)(b) Take fish declared waters - recreational fishing - first offence FMA1994	129	2.93%
8	Section 24(1), Unlawfully use net or trap for taking fish - first offence, FMA1994	89	2.02%
9	Clause 1.25(2) Possess equipment for taking prohibited animal/plant MEM(MR)R1999	61	1.39%
10	Section 25(1)(a) Possess prohibited fishing gear - first offence FMA1994	60	1.36%
	Subtotal of top 10 offences	3,192	72.56%
	All other offences	1,207	27.44%
	Total of all offences	4,399	100.00%

FMA1994 is the Fisheries Management Act 1994

FM(G)R2019 is the Fisheries Management (General) Regulation 2019

MEMA2014 is the Marine Estate Management Act 2014

MEM(MR)R1999 is the Marine Estate Management (Management Rules Regulation 1999

Compliance Operations: Coastal (2022-23)

Coastal operations conducted during 2022-23:

Operation DPI Quebec 21 targeting the illegal take and sale of high value fish species across NSW
Operation DPI Victor 22 targeting the illegal take and sale of rock lobster
Operation DPI Whiskey 22 targeting the illegal harvest of cockles from Lake Illawarra
Operation DPI Yankee 22 targeting the illegal take of rock lobster
Operation DPI Zulu 22 targeting illegal fishing in sanctuary zones and habitat protections zones within the Port Stephens Great Lakes Marine Park
Operation DPI Alpha Kilo 22 targeting the overharvesting and unlawful take and sale of prawns in the Myall Lakes
Operation DPI Alpha 23 targeting unlawful collection of shellfish in marine protected areas in the Sydney area on the Australia day weekend in January 2023

Compliance Operations: Inland (2022-23)

Inland operations conducted during 2022-23:

Operation DPI Uniform 22 targeting increase in recreational fishing in the Darling River associated with the 2022 Louth Races
Operation DPI Alpha Alpha 22 targeting the increase of fishing activity in the Snowy Mountains resulting from the opening of general trout streams on the Labour Day weekend
Operation DPI Alpha Hotel 22 targeting the unlawful sale of native fish
Operation DPI Alpha India 22 targeting recreational fishing activity in Lake St Clare and Glenbawn Dam
Operation Golf 23 monitoring compliance of recreational fishers with trout spawning season fishing rules in the Thredbo River, Eucumbene River and their tributaries from May 1^st 2023 to the end of June long weekend 2023.

Significant Court Results (2022-23)

Forster Local Court (July 2022)

Wallis Lake Fisheries Officers apprehended the same man for crab related offences on two separate occasions.

In the first incident, during August 2021, the man was seen by officers using 7 crab traps that were not properly marked and was found in possession of 7 prohibited sized Blue swimmer crabs. He was also directed to remove the gear from the water, which he refused to do and was another offence.

The second incident occurred in February 2022 and the man was found in possession of 3 prohibited sized crabs and obstructed the officers by fleeing the scene in his boat and preventing its search.

The man plead guilty to multiple charges and was given a total penalty of $10050 in fines and professional costs, plus a 12 month Community Corrections Order.

Sutherland Local Court (December 2022)

In October 2021, as a part of an ongoing investigation, Fisheries Officers from the Statewide Operations and Investigations Group apprehended a man in the Ulladulla area for multiple offences relating to the trafficking of abalone, illegal use of lobster traps, interference with commercial lobster traps and possession and size limit offences relating to Eastern rock lobster. The man is a recidivist offender and at the time of his apprehension both the vehicle and jetski he was using were seized.

He was found in possession of 94 Blacklip abalone, of which the majority were shucked, and 6 Eastern rock lobsters with 2 being prohibited sized. He also had not paid for the recreational fishing fee and illegally used lobster traps. During observations of the man’s fishing activities, Officers saw him conceal a large esky in bushland which contained the majority of the aforementioned fish.

In addition to the offences detected at Ulladulla the man had also been observed during July 2021 using illegal lobster traps and interfering with 19 commercial lobster traps in waters off the Royal National Park.

After a hearing, the man was found guilty of numerous charges and was given an aggregate prison sentence of 18 months and fined $35000. The jetski he was using was also forfeited. The man appealed the sentence in the District Court and while the appeal was dismissed and his jail sentence remained unchanged, his fines were reduced to a total of $13300.

Corowa Local Court (March 2023)

Inland Fisheries Officers found a man in the Howlong area in the possession of 27 Murray Crayfish, which he had taken using two illegal traps. Of the 27 Murray Crayfish, which are a threatened species, 11 were under the minimum legal size limit of 10cm, 2 were over the maximum legal size limit of 12cm, 9 were carrying ova externally and 3 had been injured as a result how they had been taken and stored. The man was charged with numerous offences including the harm of a threatened species.

The man was fined $6400 and ordered to pay professional costs of $3314, a total of $9714. He was also placed on two 9 month conditional release orders to be served concurrently.

Tweed Head Local Court (March 2023)

In February 2022, NSW Police contacted Fisheries Officers from Tweed Heads regarding three men in a vessel on Terranora Creek with a large quantity of Mud crabs on board. When the Fisheries Officers inspected the vessel they found a total 43 Mud crabs on board. One of the men claimed possession of all the fish on the boat. One of the crabs and a Yellowfin bream found on the boat were also of a prohibited size.

The man was found guilty and given a penalty of $4900 in fines and professional costs.

Nowra Local Court (June 2023)

During November 2022, Shoalhaven Fisheries Officers were patrolling in the area of Kinghorn Point near Currarong and conducted an inspection of a single diver. After the diver came ashore, he was seen to act suspiciously and a catch bag was found secreted in nearby bushes after a search by officers. The catch bag contained 29 shucked Blacklip abalone.

The man was charged and was fined $4000.

Illegal Fishing Reports (2022-23)

A total of 2,174 illegal fishing reports were recorded in fisheries compliance systems from multiple sources:
- 570 from calls to Fishers Watch Hotline 1800 043 536
- 814 from submissions of the Fishers Watch online form.
- 790 from other sources such as Fisheries Officers and verbal reports from the community.
Some reports lodged using the Fishers Watch Hotline 1800 043 536 are not recorded in fisheries compliance systems where they are of no value, duplicitous or unrelated to illegal fishing.
The most popular day for reports was Monday followed by Tuesday and Wednesday.
The most popular time was 11am - 12pm, followed by 2pm - 3pm and 1pm - 2pm.