Illegal fishers convicted, Forfeit 18-metre boat
by Victorian Fisheries Authority 22 Apr 01:12 PDT
Rock lobster © Victorian Fisheries Authority
Two men who fished illegally including falsifying commercial catch records over 10 months have been convicted, handed 300-hour corrections orders and forfeited their $285,000 boat, while a company associated with the pair has been convicted and fined more than $80,000.
Recently the brothers in their 50s, from Williamstown and Portland, and the company were sentenced in the Geelong Magistrates Court after pleading guilty to dealing with fish taken in contravention of the Fisheries Act and breaches of fisheries licence conditions.
An investigation led by the Victorian Fisheries Authority (VFA) found between June 2020 and April 2021 the men falsified catch and effort records, left rock lobster pots set during the closed season and used 135 more pots than allowed under a rock lobster and giant crab fishery licence, among other offences. One of the men was also convicted of interfering with another commercial fishing operator's equipment and taking their catch.
In sentencing the men, Magistrate Franz Holzer ordered the forfeiture of the 18-metre vessel 'Amayos', 263 rock lobster pots, floats and ropes and handed each of the men a conviction, a $6,000 fine and a 300-hour community corrections order. The company that employed the men was also convicted and fined $82,500.
VFA Director of Enforcement and Education Ian Parks said the case represented some of the most significant offending ever detected in Victoria and the estimated proceeds from the illegal sale of fish totalled more than $370,000.
"This is one of the largest and most complex investigations the VFA has undertaken and it uncovered and put a stop to behaviour that risked the sustainability of our rock lobster and giant crab fisheries," Mr Parks said.
"Officers assessed catch and effort data, analysed vessel monitoring systems, undertook surveillance of the operators back at port and travelled hundreds of kilometres to the continental shelf west of King Island to retrieve the pots that were later forfeited.
"Due to how these fisheries are managed the falsification of records can have a significant impact on their sustainability. Once the under-reporting was detected it led to a 28 per cent reduction in the total allowed commercial catch in the giant crab fishery.
"Victoria has world-class fisheries and we will continue to focus on serious fisheries crime to ensure that remains the case for future generations.
"The men and company also face potential confiscation proceedings in the County Court where pecuniary penalty orders may be made for the proceeds of fish unlawfully taken."
Magistrate Holzer said it was a "very, very serious example of this kind of offending" involving "considerable concealment", while handing down total penalties, costs and compensation close to $650,000.