Victorian Marine Park abalone fishers face major charges

Cape Howe Marine National Park © Victorian Fisheries Authority

Two New South Wales-licensed commercial fishers have allegedly taken close to 800 kilograms of abalone from a Victorian marine park before selling the shellfish.

Last month the men were observed by Victorian and NSW Fisheries Officers allegedly using their 7.3-metre commercial fishing vessel to take a large quantity of abalone in the Cape Howe Marine National Park near the Victoria-NSW border.

The men hold legal commercial abalone quota in NSW but were not licensed to fish commercially for abalone in Victoria. All forms of recreational and commercial fishing are prohibited in marine national parks and sanctuaries.

Following the detection, NSW Department of Primary Industries and Regional Development (DPIRD) Fisheries officers executed search warrants at properties near Batemans Bay and Wollongong. The boat, trailer and a late-model Ford ute were placed under retention notice, imposing strict conditions on their use, and dive gear was seized.

Victorian Fisheries Authority director of Community Engagement and Major Crime Ian Parks said the men could face significant charges in Victoria including operating a commercial vessel in a marine national park, taking abalone from a marine national park, and trafficking in a commercial quantity of a priority species.

"These are serious offences and could lead to many thousands of dollars in fines and even significant prison sentences," Mr Parks said.

"Marine park boundaries are clearly marked and it will be alleged the men took a total of 795 kilograms of abalone from inside the park over consecutive days. Protected areas like Cape Howe play an important role in maintaining healthy fisheries, which is why we work hard to protect them.

"We are continuing to focus on disrupting major fisheries crime to ensure the sustainability of Victoria's world-class fisheries."

NSW DPIRD officers will also allege the men fished while their mandatory catch data monitoring device was left in the ute at Eden boat ramp, falsely declared the abalone were taken from NSW commercial zones located between 4 and 16 kilometres away, and possessed fish taken illegally in another state.

NSW DPIRD Acting Deputy Secretary Bryan McDonald, said the joint operation shows that both NSW and Victorian authorities are working well together to identify and address serious offending.

"Falsely declaring abalone as lawful NSW catch that have been illegally taken from outside NSW significantly undermines the NSW commercial abalone share managed fishery and quota regime," Dr McDonald said.