Syndicate members jailed for illegal abalone

12 January 2016

Ten divers from an illegal abalone harvesting syndicate were convicted and sentenced yesterday in the Melbourne Magistrates Court and received various penalties including indefinite bans on fishing, orders to pay up to $16,500 and two months jail.

Acting Director of Fisheries Enforcement and Education, Bob Hutton, said all ten of the divers had pleaded guilty to taking abalone for sale without authorisation, which is illegal, with several also pleading guilty to possessing the proceeds of crime.

"Four of the ten men were jailed immediately for periods of up to two months, however these sentences are being appealed. The other six men received community correctional orders requiring them to complete between 60 and 280 hours of unpaid community work, bans that prohibit all fishing activity in Victoria indefinitely and orders to pay between $220 and $16,500 each," Mr Hutton said.

"The significant fisheries investigation, code named Operation Quantum, involved investigators and Fisheries Officers from across the state over a 10 month period, culminating in the execution of 12 search warrants in October 2014.

"During the investigation, 12 vehicles and associated dive equipment were seized by Fisheries Victoria and most have since been forfeited to the state. A number of residential premises are still restrained under proceeds of crime legislation and further hearings will determine what happens to these assets. 

"The syndicate of divers were driving from the western suburbs of Melbourne several times each week to steal abalone, rock lobster and other shellfish from the southwest Victorian coastline.

"The divers would drive for three hours in pairs, meet at various dive sites around Warrnambool and Port Fairy, then take quantities of abalone and other shellfish. They would drive three hours back to Melbourne, then sell the harvest to two ring-leaders who would allegedly on-sell the seafood at a discounted rate around St Albans and Sunshine."

Mr Hutton said this was a well organised syndicate that took significant fisheries resources on a regular basis and unfairly competed with the legitimate abalone industry, which is Victoria's most valuable commercial fishery. They also put consumers at risk of serious health problems stemming from unsafely handled and poorly stored seafood.

"One of the syndicate's ring-leaders, who pleaded guilty in December 2015, was remanded in custody for further sentencing in February. The other alleged ring-leader is bailed to appear before the Magistrates Court today for a further hearing."

Mr Hutton said the organised illegal harvest of Victoria's fisheries resources was unacceptable and offenders would be caught and penalised.

"We will continue to dismantle syndicates like this one, which represent a significant threat to the sustainability of our commercial, recreational and indigenous interests in fisheries resources."