Fisheries compliance enforcement 2023-24

Client Contacts and Enforcement: All Fishery Programs (2023-24)

Around 51,914 client contacts were made (where powers were exercised / not including surveillance).
The detection of 6855 offences resulting in:
- The issue of 4005 written warnings
- The issue of 2275 penalty notices totalling $826,000 in value.
- The commencement of 167 prosecution actions
- 408 other outcomes such as verbal cautions and stop work orders
A number of offences were successfully prosecuted resulting in:
- 27 court-imposed fines totalling $44,070 in value
- 9 conditional release orders
- 5 community correction orders
- 1 intensive correction order

Seizures due to non-compliance (2023-24)

Over 47,062 invertebrates seized including:

Species	Quantity	#
Cockle	20878	1
Abalone	5550	2
Molluscs (shellfish)	4085	3
Whelks	3543	4
Turban snails	3116	5
Mussels	2964	6
Yabbies	1419	7
Sydney rock oyster	1245	8
Pipi	1085	9
Sea urchin	956	10

Over 2882 fin fish including:

Species	Quantity	#
Tailor	455	1
Yellowfin bream	386	2
Australian bonito	272	3
Silver trevally	245	4
Snapper	244	5
European green Crab	150	6
Tarwhine	140	7
Mulloway	112	8
Yellowtail kingfish	112	9
Dusky flathead	94	10

Over 1762 items of fishing gear/equipment including:

Fishing Gear Type	Quantity	#
Crab trap	873	1
Fishing Line	251	2
Yabby trap	163	3
Hoop or lift net	100	4
Cast Net	42	5
Meshing net	38	6
Other - Miscellaneous	37	7
Bait trap	29	8
Lobster trap	29	9
Fish Trap (inland)	22	10

Most common offences (2023-24)

#	Legislation	Count	%
·	Section 34J(1) Recreational fisher fails to pay fishing fee FMA1994	1494	21.80%
·	Section 16(1) Possess prohibited size fish - first offence FMA1994	1005	14.70%
·	Section 18(2) Possess more than possession limit - first offence FMA1994	804	11.70%
·	Section 34J(2) Fail to have official receipt in immediate possession FMA1994	554	8.10%
·	Section 41 Harm or attempt to harm any animal in sanctuary zone MEMA2014	366	5.30%
·	Section 20A(3)(b) Take fish declared waters - recreational fishing - first offence FMA1994	252	3.70%
·	Section 24(1) Unlawfully use net or trap for taking fish - first offence FMA1994	148	2.20%
·	Section 25(1)(a) Possess prohibited fishing gear - first offence FMA1994	113	1.60%
·	Clause 59(1) Place etc set net/trap not identified in accordance with Regulations FM(G)R2019	90	1.30%
·	Section 62(1) Contravene marine park or aquatic reserve notification MEMA2014	90	1.30%
	Subtotal of Top 10 offences	4916	71.7
	All other offences	1939	28.3
	Total of all offences	6855	100%

FMA1994 is the Fisheries Management Act 1994

FM(G)R2019 is the Fisheries Management (General) Regulation 2019

MEMA2014 is the Marine Estate Management Act 2014

Compliance Operations: Coastal (2023-24)

Coastal operations conducted during 2023-24:

Operation DPI Mike 23 – Targeted the Illegal harvest of cockles from Lake Illawarra from September 2023 to May 2024
Operation DPI November 23 – Targeted prohibited size and bag limit offences for Yellowtail Kingfish within the Jervis Bay Marine Park from October 2023 to April 2024
Operation DPI Uniform 23 – Mission was to detect, disrupt and report illegal, unreported and unregulated fishing activity on the NSW south coast, focusing on inter-tidal collecting, and diving for invertebrates. Operation ran from October 2023 to July 2024
Operation DPI Alpha Bravo 23 – targeted illegal sales of fish in the Far North Coast Zone from November 2023 to April 2024
Operation DPI Bravo 24 – targeted illegal collection of shellfish in the Sydney region on the Australia Day Long weekend in January 2024
Operation DPI Delta 24 – Targeted the illegal collection of cockles at KURNELL on Botany Bay from January 2024 to April 2024
Operation DPI Charlie 24 – Targeted illegal fishing in the Georges River in February 2024
Operation DPI Lima 24 – Targeted illegal fishing in the Vales Point and Eraring Power Station hot water outlet canals from May 2024 until September 2024.

Compliance Operations: Inland (2023-24)

Inland operations conducted during 2023-24:

Operation DPI Oscar 23 – Mission was to protect the endangered Eastern Freshwater Cod (Maccullochella ikei) from the prohibited release of Murray Cod into relevant waters in certain parts of northeastern NSW.
Operation DPI Sierra 23 – Targeted illegal take of Murray Cod in Northwestern NSW during Murray Cod closed season from September 2023 to November 2023
Operation DPI Tango 23 – High profile patrols and inspections on rivers and streams in the Northern Tablelands during the week leading up to the opening of general trout streams in October 2023
Operation DPI Quebec 23 – High profile patrols and inspections on rivers and streams in the Snowy Mountains during the week leading up to the opening of general trout streams in October 2023
Operation DPI Xray 23 – Targeted unlawful take of freshwater Spiny Crayfish across NSW
Operation DPI Yankee 23 – Targeted the increase in fishing activity in the Murray River and in Snowy Mountains waterways on the Melbourne Cup long weekend in November 2023
Operation DPI Zulu 23 – Targeted the increase in fishing activity along Southwestern NSW rivers in December 2023 after conclusion of the Murray Cod closed season
Operation DPI Echo 24 – High visibility operation which targeted non-compliant recreational anglers along the Murray River over the Victorian Labour Day weekend in March 2024
Operation DPI Golf 24 – Targeted Non-compliance during trout spawning season in the Thredbo River, Eucumbene River and its tributaries from May to June 2024.
Operation DPI Hotel 24 – Targeted non-compliance with permits issued to authorise works in water land across NSW inland waterways from May 2024 to July 2024
Operation DPI India 24 – Targeted increased fishing for Murray Crayfish along the Murrumbidgee and Murray Rivers during the Murray Crayfish open season from May 2024 to June 2024.

Significant Court Results (2023-24)

GOSFORD LOCAL COURT (December 2023)

Fisheries Officers apprehended an individual in February 2023 who was engaged in commercial fishing activity. Upon inspection, the man was found to be in possession of three undersized Mulloway, a species subject to strict size regulations to support population sustainability.

The fisher also failed to produce evidence of a valid commercial fishing licence when requested by officers.

The matter was brought before Gosford Local Court in December 2023, where the offender was fined $5,000 and ordered to pay $3,775 in professional costs.

RAYMOND TERRACE LOCAL COURT (February 2024)

In May 2023, a Fisheries Officer from the Port Stephens District apprehended a commercial fisher for unlawfully using a meshing net to capture fish intended for sale.

A subsequent search of the vessel revealed the fisher was in possession of multiple prohibited species, including two undersized Dusky Flathead, one undersized Blue Swimmer Crab, and two undersized Mulloway. In addition to these offences, officers also discovered approximately 170 fish that had been unlawfully taken.

The matter was brought before Raymond Terrace Local Court in February 2024 and fisher was convicted and fined $7,000 and ordered to pay professional costs of $2,750.

WYONG LOCAL COURT (March 2024)

In March 2024, a Central Coast man appeared before Wyong Local Court and was fined a total of $9,000 after being caught with a commercial quantity of illegally harvested abalone near Norah Head in June 2023.

Fisheries Officers from the Central Coast apprehended the individual in possession of 24 blacklip abalone, 16 of which were under the legal size limit. Possession of undersized and excessive quantities of abalone is a serious offence under New South Wales fisheries regulations.

The man was prosecuted and ordered to pay $8,000 in fines, along with an additional $1,000 in professional costs.

RAYMOND TERRACE LOCAL COURT (March 2024)

In March 2023, Fisheries Officers from the Port Stephens District, apprehended a commercial fisher operating in the vicinity of Tilligerry Creek for a series of serious fisheries offences.

During a routine inspection, officers discovered the fisher had failed to properly identify his set crab traps—a requirement under current regulations.

Further investigation revealed the use of an excessive number of crab traps, in addition to a concealed holding pen. Inside the pen, officers found over 12 kilograms of mud crabs that had not been recorded in the fisher’s mandatory catch report prior to placement.

A lawful direction was issued to the individual, instructing the immediate removal of all set fishing gear from the water. However, the fisher failed to comply with this directive and was prosecuted for a number of offences.

The man presented to Raymond Terrace Local Court in March 2024 and was convicted, fined $4,300, and ordered to pay professional costs to the amount of $2,500

Illegal Fishing Reports (2023-24)

A total of 2900 illegal fishing reports were recorded in fisheries compliance systems from multiple sources:
- 703 from calls to Fishers Watch Hotline 1800 043 536
- 1023 from submissions of the Fishers Watch online form
- 1174 from other sources such as Fisheries Officers and verbal reports from the community.
Some reports lodged using the Fishers Watch Hotline are not recorded in fisheries compliance systems where they are of no value, duplicitous or unrelated to illegal fishing.
The most popular day for reports was Monday followed by Thursday.
The most popular time was 1:00-2:00pm, followed by 11:00-12:00am.