Cape Schanck abalone theft proved costly

by Department of Primary Industries on 22 Jul 2010 A NSW man now residing in Tootgarook, Victoria, was convicted In the Frankston Magistrate’s Court this week and sentenced to nine months jail to be served by way of Intensive Corrections Order after stealing a commercial quantity of abalone.

The Intensive Corrections Order means he will essentially be working within the community and undergoing rehabilitation and counselling.

The court heard two men were observed by Fisheries Officers diving for abalone in the Cape Schanck area on February 9. The men collected more than 250 abalone, removed the abalone meat from the shells and packed it into two backpacks. The backpacks were loaded into the rear of a NSW registered Daihatsu four wheel drive.

A Fisheries patrol vehicle followed the Daihatsu out on to Boneo Road before activating intercept lights and siren. The court heard the driver continued to drive at 95 km/h while the second man climbed into the rear of the vehicle, opened the rear door and rolled the backpacks out into the path of the Fisheries patrol vehicle.

One of the men, a 30-year-old from Hornsby in NSW, failed to appear yesterday and a bench warrant was issued. The 33 year old man who appeared before Magistrate Ross Betts pleaded guilty to possessing a commercial quantity of abalone, two counts of reckless endangerment with the potential to cause serious injury and obstructing an officer on duty.

In sentencing the man, Magistrate Betts said they were serious charges that warranted a term of imprisonment. He said the accused was involved in activity that could have resulted in death or serious injury.

The Magistrate said he would have imposed an immediate term of imprisonment but for the mitigating factors and excellent references. Magistrate Betts said rehabilitation within the community was appropriate in this instance.

The accused was ordered to pay compensation of $1,527.50; a half share of the abalone valued at $3,055, and forfeited fishing equipment and a $1,000 security for the vehicle. He was also prohibited from engaging in any abalone related fishing activity for a period of five years.

Fisheries Victoria Central Operations Manager Scott Falconer said each year the commercial fishing industry brings in about $130 million in seafood product from Victorian managed fisheries.

'Fisheries Victoria works in partnership with commercial and recreational fishing stakeholders to ensure fishing is sustainable,' Mr Falconer said.

People who see or suspect illegal fishing activity should call the 24-hour reporting line 13 FISH (13 3474).'

For more information, please go to: www.dpi.vic.gov.au