The man did not attend the Perth court on Friday, 18 August, but had entered a guilty plea so the magistrate determined the matter in his absence; issuing fines of $4,000 each for three offences of intentionally purchasing the rock lobster that had been caught by a recreational fisher, plus collective mandatory additional penalties of $11,000 for the rock lobster involved.
He was also fined $5,000 for obstruction and was ordered to pay court costs of $259.30.
In sentencing remarks, the prosecutor said these offences were “extremely difficult to detect and resource intensive, requiring a targeted operation involving a number of officers over an extended period of time” and that “the accused made a deliberate attempt to work outside the rules in place for high value species such as rock lobster.”
The magistrate accepted the sentencing submissions put forward and took into account the high community expectations around deterrence for this type of offending.
Friday’s outcome follows a court case in May this year in which a 54-year-old man from Cooloongup pleaded guilty to charges involving illegal sales of rock lobster, using excess pots, and interfering with fishing gear, which cost more than $30,000 and the forfeiture of his boat.
In evidence presented in that court case, it was revealed the 54-year-old had sold rock lobsters to a man at a café in Nedlands on three occasions. He sold 13 lobsters for $100 on 7 April 2020, another seven lobsters for $50 on 30 April, and 24 lobsters for $200 on 5 May 2020.
DPIRD’s Director Regional Compliance Metro Todd A’Vard said this case should be a reminder to all fishers that our officers have extensive powers to investigate illegal activity.
“We have skilled compliance officers who work hard to achieve results in complex cases like this,” Mr A’Vard said.
“Western Australia’s commercial fishing sector has worked hard at establishing a strong and sustainable fishery, which has been recognised internationally.
“The sale of rock lobster, which has been caught recreationally, undermines the hard-won reputation of our state’s commercial industry.
“We thank the public who tipped us off to fishing activity that ultimately led us to uncover these illegal sales. If you have such concerns, please report them to FishWatch on 1800 815 507.”
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