Fisheries Compliance Enforcement 2015-16

Fisheries compliance enforcement statistics for 2015-16

Client Contacts and Enforcement: All Fishery Programs (2015-16)

Around 57,000 client contacts were made (where powers were exercised / not including surveillance)
Around 4000 written warnings were issued
Around 2400 penalty notices were issued
Over 69 matters were successfully prosecuted, including:
- 66 court imposed fines
- 3 bonds (e.g. good behaviour)
- 1 Community Service Orders

Seizures due to non-compliance (2015-16)

Over 60,000 fish and invertebrates seized including:

25110 cockles
9449 oysters
7195 mixed shellfish
2676 whelks
2276 pipis
1669 Blue swimmer crabs
1466 abalone
657 tailor
616 Yellowfin bream
511 silver trevally
287 snapper

Over 2400 items of fishing gear/equipment including:

1074 crab traps
481 fishing lines
307 hoop or lift nets
143 yabby traps
42 cast nets
55 meshing nets
38 spears

Most common offences (2015-16)

#	Legislation	Count	%
1	Section 34J(1) Recreational fisher fails to pay fishing fee FMA1994	1,583	22.97%
2	Section 34J(2) Fail to have official receipt in immediate possession FMA1994	975	14.15%
3	Section 16(1) Possess prohibited size fish - first offence FMA1994	915	13.28%
4	Section 18(2) Possess more than possession limit - first offence FMA1994	433	6.28%
5	Section 41 Harm or attempt to harm any animal in sanctuary zone MEMA2014	313	4.54%
6	Section 25(1)(a) Possess prohibited fishing gear - first offence FMA1994	213	3.09%
7	Section 20A(3)(b) Take fish declared waters - recreational fishing - first offence FMA1994	201	2.92%
8	Section 24(1) Unlawfully use net or trap for taking fish - first offence FMA1994	186	2.70%
9	Clause 45(1) Place/set net/fishing gear not identified in accordance with Regulation FM(G)R2010	141	2.05%
10	Section 14(1) Contravene fishing closure take fish - first offence FMA1994	111	1.61%
	Subtotal of top 10 offences	5,071	73.58%
	All other offences	1,821	26.42%
	Total of all offences	6,892	100.00%

FMA1994 is the Fisheries Management Act 1994
FM(G)R2010 is the Fisheries Management (General) Regulation 2010
MEMA2014 is the Marine Estate Management Act 2014

Major compliance operations (2015-16)

Compliance Operations: Coastal (2015-16)

Numerous inland operations were conducted during 2015-16:

DPI November 15 (July 2015) targeting illegal pipi collection along North Coast beaches and illegal netting in the Manning River
DPI Papa 15 (July – August 2015) targeting illegal collection of rock lobster from the Batemans Bay area
DPI Alpha India 15 (December 2015) targeting illegal collection of rock lobster from the Crowdy Bay area
DPI Alpha Foxtrot 15 (December 2015 – January 2016) targeting illegal collection of shellfish from Lake Macquarie
DPI Alpha 16 (January 2016) targeting illegal collection of shellfish from Sydney intertidal areas
DPI Oscar 16 (March 2016) targeting illegal fishing in marine park protected areas during the Port Stephens trailer boat fishing competition
DPI Bravo 16 (March 2016) targeting illegal sales of fish leading up to Easter
DPI Mike 16 (April 2016) targeting illegal fishing in marine park protected areas in the Batemans Marine Park
DPI Sierra 16 (April – June 2016) targeting illegal sea urchin and turban snail fishing in the Sydney and Illawarra areas
DPI Tango 16 (April 2016 ongoing) targeting illegal fishing in Lake Macquarie Power Station closed waters
DPI Xray 16 (June - July 2016 ongoing) targeting illegal fishing during night time periods on Sydney Harbour wharves and foreshores

Compliance Operations: Inland (2015-16)

Numerous inland operations were conducted during 2015-16:

DPI Quebec 15 (October 2015) patrolling Monaro trout spawning streams during opening weekend
DPI Sierra 15 (October 2015) targeting retail outlets in the North West Zone
DPI Whiskey 15 (October – November 2015) patrolling Murray River and surrounding waterways during Melbourne Cup weekend
DPI Xray 15 (November 2015) targeting illegal fish traps on the Barwon/Macintyre Rivers
DPI Alpha Delta 2015 (November – December 2015) patrolling Murray River and surrounding waterways during Murray Cod opening season
DPI Papa 16 and DPI November 2016 (March 2016) targeting increase in fishing activity across all inland waterways during Easter 2016 long weekend
DPI Delta 16 (April – May 2016) targeting fishing activity in the Border rivers region and Northern NSW inland waterways over the Queensland 'May Day’ public holiday long weekend
DPI Foxtrot 16 (April – June 2016) patrolling trout spawning streams in the Snowy Mountains
DPI Victor 16 (June 2016) patrolling Murray and Murrumbidgee Rivers targeting illegal capture of Murray Crayfish

Significant Court Results (2015-16)

Downing Centre Local Court June 2016

A commercial fisher was reported for multiple offences relating to the sale of rock lobster in Sydney. He was convicted and fined $25,000 and ordered to pay $4,500 professional costs.

Port Kembla Local Court December 2015 and February 2016

Two men & two women who were found to be in possession over 100 blue swimmer crabs, 54 of which were prohibited size and 14 carrying ova taken from Lake Illawarra received fines and costs of $12,320.00.

Lightning Ridge Local Court October 2015

A man received fines and costs of $11,700 for using illegal setlines to take Murray cod in the Barwon River near Collarenebri.

Batemans Bay Local Court June 2016

A 50 year-old Batemans Bay man received $9,000 in fines after pleading guilty to spearing a Blue Groper at Kioloa and exceeding the possession limit of rock lobster.

Sydney District Court March 2016

A commercial fisher received fines and costs of $8600 for contravening conditions of a fishing concession permit at Coffs Harbour

Wollongong Local Court August 2015

A Wollongong seafood restaurant was fined a total of $7000 for failing to obtain a record of sale for fish. The business received for sale 126kg and 56.4kgs of Eastern rock lobster from a commercial fisher on two different occasions and could not produce any records to fisheries officers for those sales of fish. The business was initially given $24,000 in fines after pleading guilty to the offences, which were later downgraded in the District Court under appeal.

Gosford Local Court January 2016

A recreational fisher had an expensive day's fishing, with fines and costs totalling over $5,000 for illegally taking 14 Rock Lobsters from Terrigal Haven on the NSW Central Coast.