▲TopNSW ABALONE THIEVES LAND HEAVY FINES AND BANS

Two men from Shell Harbour, in New South Wales, were given suspended jail sentences and heavy fines after pleading guilty to abalone related offences in the Orbost Magistrates’ Court yesterday.

The court heard the men were in a group of four, including one woman, who were intercepted by police in Cann River, in April last year.

A search of their car revealed 130 abalone. All were charged and bailed by Fisheries Officers to appear at the Orbost Court in August last year but all failed to appear and arrest warrants were subsequently issued.

The court heard the principal offender in the abalone theft was 25-year-old Peter Badens. Both Mr Badens and one of his accomplices, Desmond Gowans, also 25, appeared before Magistrate Clive Allsop.

Both men pleaded guilty to three charges each to fisheries offences pertaining to abalone theft at Cape Conran, near Orbost, in April last year and of failing to appear on bail.

Peter Badens was convicted and jailed for three months, wholly suspended for two years.

He was fined a total of $6250 and prohibited from being within one kilometre of Victorian waters or on a boat on Victorian waters with abalone fishing equipment for a period of 10 years.

He was further ordered to pay $115 in costs and all his diving equipment was ordered to be forfeited

Mr Gowans was also convicted and received a one month sentence suspended for 12 months, fines totalling $1750 and was also banned for ten years. Magistrate Allsop said the abalone industry contributes largely to the economy of the region and the community at large needed to be aware of the seriousness of the offences.

Fisheries Victoria’s Director of Field Services, Michael Hodder said eastern Victoria greatly benefits from a sustainably managed abalone fishery. “This fishery is intensively managed with licensed abalone divers all subject to annual quotas,” Mr Hodder said.

“Recreational fishers can take five a day, with a recreational fishing licence and the minimum size limit in East Gippsland is 12 cm. “It is important people fully understand the regulations before diving.”

Anyone who sees or suspects illegal fishing activity is urged to call the 24-hour reporting line, 13-FISH (13-3474).