Fisheries Compliance Enforcement 2014-15

Client Contacts and Enforcement: All Fishery Programs (2014-15)

  • Around 50,000 client contacts were made (where powers were exercised / not including surveillance)
  • Around 4240 written warnings were issued
  • Around 2510 penalty notices were issued

Over 220 matters were successfully prosecuted, including:

  • 167 court imposed fines
  • 7 gaol sentences (3 individuals)
  • 11 bonds (e.g. good behaviour)
  • 8 Community Service Orders

Seizures due to non-compliance (2014-15)

Over 41,000 fish and invertebrates seized including:

  • 19100 cockles
  • 2320 nippers
  • 2310 abalone
  • 730 sea urchins
  • 730 Blue swimmer crabs
  • 500 mullet
  • 460 tailor
  • 430 snapper
  • 320 Yellowfin bream

Over 3140 items of fishing gear/equipment including:

  • 1050 fishing lines
  • 1030 crab traps
  • 559 hoop or lift nets
  • 114 yabby traps
  • 42 meshing nets
  • 42 spears
  • 27 cast nets
  • 3 boats

Most common offences (2014-15)

 

Offence (Legislation)

No.

%

1

Section 34J(1), Recreational fisher fails to pay fishing fee, FMA1994

1668

22.89%

2

Section 34J(2), Fail to have official receipt in immediate possession, FMA1994

1214

16.66%

3

Section 16(1), Possess prohibited size fish - first offence, FMA1994

853

11.71%

4 Section 18(2) Possess more than possession limit - first offence FMA1994 285 3.91%
5 Section 41 Harm or attempt to harm any animal in sanctuary zone MEMA2014 206 2.83%
6 Section 24(1), Unlawfully use net or trap for taking fish - first offence, FMA1994 182 2.50%
7 Section 25(1)(a), Possess prohibited fishing gear - first offence, FMA1994 174 2.39%
8 Clause 45(1) Place/set net/fishing gear not identified in accordance with Regulation FM(G)R2010 153 2.10%
9 Section 20A(3)(b) Take fish declared waters - recreational fishing - first offence FMA1994 142 1.95%
10 Clause 46(3)(a) Use more than 2 hand held lines in inland waters FM(G)R2010 136 1.87%
 

Subtotal of top 10 offences

5013

68.80%

 

All other offences

2273

31.20%

 

Total of all offences

7286

100.00%

FMA1994 is the Fisheries Management Act 1994
FM(G)R2010 is the Fisheries Management (General) Regulation 2010
MPA1997 is the Marine Parks Act 1997

Major compliance operations (2014-15)

Compliance Operations: Coastal (2014-15)

Two separate operations targeting offences in the Batemans Marine Park and Far North Coast zone during the December/January holiday period resulted in the seizure of more than 890 fish and the issue of 54 written warnings and 44 penalty infringement notices.

Operation DPI Bravo 15 was run for the second consecutive year on the Australia day long weekend in January targeting unlawful activities within Sydney Aquatic Reserves and Intertidal Protected Areas. Significant non-compliance was detected with 142 offences reported and 5400 invertebrates seized.

After an extensive surveillance program, a 67 year old man was allegedly found using a meshing net in the waters of Mummaga Lake on the state’s south coast. The net was seized along with a canoe and paddle. The man is facing a number of charges including fishing in waters protected from commercial fishing, unlawful use of a net, possession of illegal fishing gear and attempt to take fish in contravention of a marine park zoning plan.

Compliance Operations: Inland (2014-15)

Numerous inland operations were conducted during 2014-15:

  • DPI Alpha Charlie 14 (August 2014) targeting illegal fishing during the Grabine Classic fishing competition at Wyangala Dam
  • DPI DPI Alpha Golf 14 (September 2014) targeting fishing in closed waters in the Tamworth area
  • DPI Victor 14 (September – October 2014) targeting setlining and take of protected fishing in the Lachlan River
  • DPI Alpha Foxtrot 14 (September – October 2014) patrolling Monaro trout spawning streams during opening weekend
  • DPI Alpha Hotel 14 (October – November 2014) patrolling Monaro area during Snowy Mountains trout festival
  • DPI Alpha India 14 (November 2014) patrolling Murray River and surrounding waterways during Melbourne Cup weekend
  • DPI Alpha Mike 14 (November – December 2014) patrolling Murray River and surrounding waterways during Murray Cod opening season
  • DPI Alpha Juliet 14 (November 2014) patrolling New England area after opening of Murray Cod season
  • DPI Alpha Quebec 14 (January 2015) patrolling New England area targeting illegal fishing in the Macintyre and Severn Rivers
  • DPI Echo 15 (March 2015) patrolling Murray River and surrounding waterways during Victorian labour day weekend
  • DPI Golf 15 (April 2015) patrolling south west slopes waterways during Easter weekend
  • DPI India 15 (May – June 2015) patrolling Monaro streams during trout spawning period
  • DPI Kilo 15 (June 2015) patrolling Murray river during Queens Birthday weekend targeting illegal take of Murray crayfish

Significant Court Results (2014-15)

Narrandera Local Court July 2014

  • A man was fined $7,300, ordered to pay professional costs of $1,220 and placed on a 12 month good behaviour bond after a search of a restaurant in Narrandera by Department of Primary Industries (DPI) fisheries officers uncovered an endangered fish species as well as prohibited size fish and a quantity of fish in excess of possession limits.

Port Macquarie Local Court July 2014

  • Two men who unlawfully assisted commercial fishers at Port Macquarie were apprehended by Department of Primary Industries (DPI) fisheries officers and issued fines of $3,500 each.

Narooma Local Court September 2014

  • Local courts have continued their tough stance on abalone theft by handing out jail time and hefty fines in two recent cases on the NSW South Coast. In one case a 29 year old man was sentenced to a total of 20 months imprisonment and ordered to pay $2,500 in fines, while a 22 year old man was sentenced to a two year good behaviour bond and ordered to pay $8,200 in fines. In a second case two illegal abalone fishers were fined a total of $20,000 after a significant quantity of abalone was seized by DPI fisheries officers.

Maitland Local Court December 2014

  • A man appeared in Maitland Court charged with 11 offences, including threatening a fisheries Officer, take fish (eels) from declared waters, unlawfully use (eel) trap for taking fish (eels), contravene condition of endorsement on licence, failure to remove fishing gear from water on request of officer and possess storage tank adjacent to inland waters. He was fined $2,000 and also ordered to pay the Department's professional costs in the amount of $7,802.50. He was also entered into a two year good behaviour bond and sentenced to 200 hours of community service and forfeited his vehicle and a canoe.

Hay Local Court June 2015

  • A 60 year old man had an expensive day's fishing, with fines and costs totalling $8435 for illegally trapping and taking 15 Golden Perch in the Murrumbidgee River, NSW.

Port Macquarie Local Court

  • A 40 year-old Port Macquarie was ordered to forfeit his boat, outboard motor and boat trailer after pleading guilty to possessing a commercial quantity of mud crabs.

Fishers Watch (2014-15)

3588 Fishers Watch calls were logged

  • Top telephone exchanges were Sydney, Gosford, Newcastle & Nowra
  • Most popular days: Saturday, Monday and Tuesday
  • Most popular time: around 11:30am
  • Mobile phone is the most popular connection device
  • 315 web-based reports
Blue groper seized from the south coast
Boat seized from Hastings River
Cockles seized from Lake Macquarie
Fish and cast net seized from The Entrance
Fish and fishing gear seized from Batemans Marine Park
Fish and fishing gear seized from the Macquarie River
Fish trap seized from Murray River
Fish traps seized from the Murray River
Fishing Gear seized from the New England area
Golden perch and fish traps seized from Murrumbidgee River
Meshing seized net from the south coast
Murray Cod and setlines seized from Barwon River
Murray Cod and setlines seized from Wagga area
New Batemans Bay fisheries patrol vessel
Teraglin seized from the Port Stephens Great Lakes Marine Park
Yellowtail kingfish seized from Sydney
Blue groper seized from the south coast
Boat seized from Hastings River
Cockles seized from Lake Macquarie
Fish and cast net seized from The Entrance
Fish and fishing gear seized from Batemans Marine Park
Fish and fishing gear seized from the Macquarie River
Fish trap seized from Murray River
Fish traps seized from the Murray River
Fishing Gear seized from the New England area
Golden perch and fish traps seized from Murrumbidgee River
Meshing seized net from the south coast
Murray Cod and setlines seized from Barwon River
Murray Cod and setlines seized from Wagga area
New Batemans Bay fisheries patrol vessel
Teraglin seized from the Port Stephens Great Lakes Marine Park
Yellowtail kingfish seized from Sydney