Fisheries Compliance Enforcement 2012-13
Client contacts and enforcement: All fishery programs (2012-13)
- Over 49,000 client contacts were made (where powers were exercised / not including surveillance)
- Around 3600 written warnings were issued
- Around 2200 penalty notices were issued
- Over 200 matters were successfully prosecuted, including:
- 108 court imposed fines
- 33 gaol sentences (7 individuals)
- 26 bonds (e.g. good behaviour)
- 2 Community Service Orders
Seizures due to non-compliance (2012-13)
Over 52,000 fish and invertebrates seized including:
- 22,384 cockles
- 8156 pipis
- 2662 nippers (saltwater)
- 2647 silver trevally
- 2226 abalone
- 1003 yellowfin bream
- 613 eastern rock lobsters
- 323 snapper
Over 3,100 items of fishing gear/equipment including:
- 52 meshing nets
- 27 cast nets, 624 hoop nets
- 770 crab traps, 607 yabby traps
- 21 sets of diving gear
- 3 boats
- 2 cars
Most common offences (2012-13)
Offence (Legislation) | No. | % | |
|---|---|---|---|
1 | Section 34J(1), Recreational fisher fails to pay fishing fee, FMA1994 | 1343 | 21.37% |
2 | Section 34J(2), Fail to have official receipt in immediate possession, FMA1994 | 1001 | 15.93% |
3 | Section 16(1), Possess prohibited size fish - first offence, FMA1994 | 768 | 12.22% |
4 | Section 24(1), Unlawfully use net or trap for taking fish - first offence, FMA1994 | 295 | 4.69% |
5 | Section 18(2), Possess more than possession limit - first offence, FMA1994 | 203 | 3.23% |
6 | Section 20A(3)(b), Take fish declared waters - recreational fishing - first offence, FMA1994 | 177 | 2.82% |
7 | Section 25(1)(a), Possess prohibited fishing gear - first offence, FMA1994 | 175 | 2.78% |
8 | Clause 45(1), Place/set net/fishing gear not identified in accordance with Regulation, FM(G)R2010 | 144 | 2.29% |
9 | Section 35(1), Possess fish illegally taken - first offence, FMA1994 | 103 | 1.64% |
10 | Section 17A, Harm or attempt to harm an animal in sanctuary zone - designated serious offence, MPA1997 | 101 | 1.61% |
Subtotal of top 10 offences | 4310 | 68.59% | |
All other offences | 1974 | 31.41% | |
Total of all offences | 6284 | 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 (2012-13)
Unlawful recreational fishing on the NSW Central Coast
Fisheries Officers issued 123 penalty notices and 136 written warnings as a result of an operation conducted at the The Entrance over the Christmas/New Year period. Illegal fishing offences detected included failing to pay the fishing fee, possessing prohibited size fish, failing to have fishing fee receipt in immediate possession and possessing more than the possession limit. Items seized included 114 sand whiting, 104 tarwhine and 2 cast nets.
Port Stephens Trailer Boat Competition
Fisheries Officers issued 66 penalty notices and 72 written warnings as a result of an operation conducted on the North Coast during the Port Stephens Trailer Boat Competition in March 2013. Illegal fishing offences detected included fishing in a marine park sanctuary zone, possessing prohibited fishing equipment, failing to have fishing fee receipt in immediate possession and possessing prohibited size fish. Items seized included 41 eastern rock lobsters, 11 snapper, 5 hoop or lift nets and 3 crab traps.
Unlawful Recreational and Commercial Fishing on the NSW North Coast
Fisheries Officers issued 13 penalty notices and 33 written warnings as a result of an operation conducted in the Myall Lakes area in May 2013. Both commercial and recreational Illegal fishing offences were detected included possession of prohibited fishing equipment, failing to having fishing fee receipt in immediate possession, possession of prohibited size fish, unlawful use of net or trap, possession of fish illegally taken and taking fish from closed waters.
Compliance operations: Inland (2012-13)
Numerous inland operations were conducted during 2012-13:
- Grabine Classic Fishing Competition at Wyangala Dam in August 2012
- Unlawful fishing on the Darling River in September/October 2012
- Closed trout waters during September 2012 in Monaro/South West Slopes areas
- Opening of trout streams across NSW on 2012 October Long Weekend
- Illegal trapping of fish on the Barwon River
- Melbourne Cup Victorian Long Weekend fishing activity along Murray River in November 2012
- Murray cod season opening across western rivers in December 2012
- Lawful sale of seafood from vendors in Wagga Wagga area in December 2012
- Victorian Labour Day Long Weekend fishing activity along Murray River in March 2013
- Lawful sale of seafood from vendors in Riverina area in March 2013
- Increased fishing activity across western NSW during Easter 2013
- Increased fishing activity across western NSW during June 2013 Queens Birthday Long Weekend
Significant Court outcomes (2012-13)
Milton Local Court October 2012
- A commercial fisher from Tabourie Lake was fined $5,400 and placed on a 12 month good behaviour bond after being convicted for possessing fish illegally taken. He was also ordered to pay $2000 professional costs. Fisheries Officers had previously located a quantity of silver trevally on board a commercial fishing vessel at Ulladulla and which contravened commonwealth fishing laws.
Maclean Local Court September 2012
- A commercial fisher from Yamba was fined $9,000 after being convicted for holding a critically endangered grey nurse shark on his fishing vessel. The shark was located by Fisheries Officers conducting a routine check on a commercial vessel trawling for prawns at night in October 2010.
Gladstone Magistrates Court (Queensland) November 2012
- A Queensland fisher was fined $35,000 after NSW Department of Primary Industries Fisheries Officers seized 232 illegally caught mud crabs consigned for sale at Sydney Fish Market. The prosecution was made possible through collaboration of Queensland Boating and Fisheries Patrol (QBFP) investigators, NSW Fisheries Officers and Sydney Fish Market.
Dubbo Local Court May 2013
- Two men appeared before the court after being apprehended on the Macquarie River over alleged fisheries offences during which a boat, motor and trailer were seized. One of the men was fined $4000, ordered to serve 200 hours community service and placed on a 2 year good behaviour bond. The other man received a seven month intensive correction order during which he will be subject to electronic monitoring, random unannounced home visits, drug testing and a curfew. In addition the man was banned from engaging in any form of fishing activity west of the Great Dividing Range for 12 months. Charges for the two men included possession of prohibited size fish, harming fish of an endangered population, possessing fish illegally taken, possessing prohibited fishing gear and taking Murray cod during the closed season.
Parramatta Local Court April 2013
- A restaurant operator from Parramatta was fined $4,000 after being convicted for possessing abalone in circumstances of aggravation. During an inspection of the restaurant by Fisheries Officers the man had been found unlawfully in possession of a commercial quantity of abalone.
Macksville Local Court May 2013
- Two fishers were fined a total of $14,000 for illegal eel fishing near the Nambucca River during which Fisheries Officers seized a boat/motor/trailer (forfeited to the Crown) along with 10 eel traps and 141 longfin eels (returned to water alive).
Fishers Watch (2012-13)
3,451 Fishers Watch calls were logged.
- Top telephone exchanges were Sydney, Gosford, Newcastle and Illawarra
- Most popular days: Monday, Friday and Saturday
- Most popular time: around 1pm
- Mobile phone is the most popular connection device
- 70 web-based reports
Images of Fisheries Officer compliance activity
