A diver who stashed almost three-dozen abalone in bushes near a Port Kembla beach, to avoid being caught by fisheries officers, has been forced to pay almost $15,000 after failing to net himself a penalty reduction in court.
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Gerassimos Madonanakis, from Bellambi, was taken to court by the NSW Department of Primary Industries (DPI) after its fisheries officers spotted him in the water at MM beach in July 2017.
According to DPI, the 42-year-old was seen carrying a catch bag when he left the ocean, but no bag was found when officers went to inspect his car.
Madonanakis denied having the bag when approached by the officers and declined to be interviewed.
The bag - containing 34 shucked abalone and one live, prohibited size abalone - was found stashed in nearby bushes a short time later.
The bag and possession limit for abalone is two per person. Abalone cannot be shucked in, on or adjacent to the water.
Madonanakis was charged with possessing prohibited size fish, having more abalone than the possession limit in circumstances of aggravation and failing to pay a fishing fee.
He was convicted in his absence when the matter was first heard in Wollongong Local Court in May 2018 and fined a total of $8500, plus professional costs of $1342.
Madonanakis made an annulment application, which was granted. As a result, his fines increased to a total of $10,400, plus costs, and he was issued a 12-month community correction order (CCO).
The CCO - which orders against any further offences being committed - expires on January 22, 2020.
Madonanakis subsequently lodged a severity appeal, which was heard before Acting Judge Megan Latham in Wollongong District Court in late March.
Judge Latham confirmed all fines and orders from the local court, and ordered he pay an additional $3000 in professional costs.
The district court determination meant the penalties to be paid by Madonanakis ended up totalling $14,742. A 50 per cent moiety was awarded, meaning that half the fines are to be paid to DPI.
NSW DPI Fisheries special operations program leader Tony Chen said possession limits and size limits were in place to ensure the sustainability of all fisheries, in this case abalone.
"Abalone's a high-value resource, which has higher penalties when you breach certain limits," Mr Chen said.
"In this instance, this person wanted to push the boundaries and we got some just court results in this case."
The maximum penalty for a person found in possession of prohibited size abalone is $22,000 and/or 6 months imprisonment.
Anyone who has more than the possession limit of fish in circumstances of aggravation can be fined up to $44,000 and/or be jailed for 12 months.
Mr Chen said circumstances of aggravation was defined as having more than a commercial quantity of a priority species. For abalone, the commercial quantity is 10.
Abalone fishers are required to have a fishing licence, unless otherwise exempt. The maximum penalty for not paying the recreational fishing fee is $2200.
"Fisheries officers are patrolling night and day, and are patrolling 24 hours of the day," Mr Chen said.
"The laws are in place to create sustainable fisheries and if people are found breaking our fisheries laws we'll treat them appropriately."
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Andrew Pearson
Andrew grew up in the western Riverina town of Hay and has strong ties to the region. He is a former DA journo who has a passion for breaking news and has covered everything from council and politics to crime and court.
Andrew grew up in the western Riverina town of Hay and has strong ties to the region. He is a former DA journo who has a passion for breaking news and has covered everything from council and politics to crime and court.
