Rock lobster fisher banned
Wednesday 24 September, 2008
Two Mount Gambier men have pleaded guilty to a number of fisheries related offences, with one of them banned from fishing for three years.
Appearing at the Mount Gambier Magistrates Court on 15 September 2008, Mr Graham Bruce Hart (28) and Mr Shae Anthony Bastian (23) both of Mount Gambier, pleaded guilty to a number of offences including possessing undersize rock lobster, possessing over the daily bag limit of rock lobster and failing to cut the tail fan of the rock lobster.
When checked by fisheries officers back in December 2007, the two men were found to have 22 rock lobster in their possession (the daily bag limit is four per person). Sixteen of the 22 rock lobster were undersized. None of the lobsters had their tail fans cut prior to landing as is required for all recreationally caught rock lobster.
As a result, Mr Hart was convicted and fined $2,800 plus an additional penalty of $1,968.75. He was also placed on a three year, $2,000 good behavior bond which prevents Mr Hart from engaging directly or indirectly in any fishing activity during that time.
The Magistrate also imposed a court order under Section 100 of the new Fisheries Management Act 2007, disqualifying Mr Hart from possessing a recreational rock lobster pot registration for a period of five years.
Mr Bastian was convicted and fined $700 plus an additional penalty of $1,968.75
PIRSA Fisheries, Manager Compliance Services, Mr Paul Tatarelli said this case was one of the first heard under the new Act which allows for more substantial penalties.
“Offences and penalties under the new Act have been increased to reflect the increasing value of our fish resources and to assist in tackling organised crime,” Mr Tatarelli said.
“The Act enables the Court to impose a wider range of penalties including disqualifying a person from holding any licence, permit or registration or from engaging in certain fishing activities.”
In a similar case, a Victorian man has pleaded guilty in the Adelaide Magistrates Court recently to a number of fishing offences also involving rock lobster.
Bruce Donald McIntosh, 56, of Horsham, Victoria pleaded guilty to taking over the bag limit of rock lobster, failing to comply with a direction given to him by a fisheries officer and hindering fisheries officers.
When stopped by fisheries officers in January 2007, Mr McIntosh was found to have 15 rock lobsters in his possession. The daily bag limit is four.
As a result Magistrate Smart SM, imposed a fine of $6,322.50, a prosecution fee of $800 plus the victim of crimes levy. A number of seized items, including the rock lobster, were forfeited.
In response to this case, PIRSA Fisheries, Manager Compliance Services, Mr Paul Tatarelli said Mr McIntosh was caught doing the wrong thing.
“To then further compound the issue by hindering Fisheries Officers undertaking their lawful duty is unnecessary,” Mr Tatarelli said.
“Fisheries Officers have an important duty to perform and hindering a Fisheries Officer in performing their duties can have serious consequences.”
