Suspended jail sentence for abalone theif
Wednesday, 27 November, 2002

A Victorian man has been given a seven month suspended jail sentence in the Mount Gambier Magistrates Court this week as a result of illegal abalone fishing.

Troy Shaun Davidson, 35, of Altona, Victoria pleaded guilty to various fishing offences including being in possession of abalone for sale and possession of undersized abalone.

PIRSA fisheries officers, conducting a routine uniformed patrol in October 2001, observed Davidson as he emerged from the water near Cape Douglas in the State's lower south-east. When questioned, he was found to be in possession of 179 abalone, a number of which were undersized.

Davidson pleaded guilty to the charges and was fined a total of $4,840 as well as receiving a seven months prison sentence, which was suspended upon the defendant entering a two-year good behaviour bond.

General Manager Fisheries Services, Mark Lewis said a fine plus a suspended jail sentence was a satisfactory outcome in this particular case.

“Historically, the community has expected large financial penalties in these types of cases,” he said.

“However, in some situations, fines imposed by the courts have been written off due to an inability to pay. In this case, the threat of imprisonment is considered to be a more effective deterrent against the defendant re-offending,” he said.

A condition of Davidson’s bond is he is not to be in possession of diving equipment within 500 metres of the high water mark of the waters of the State.

The court also confirmed forfeiture of the abalone and a quantity of diving gear.

Abalone facts

• Abalone are marine molluscs found on rocky reefs in many parts of South Australia
• Two main species are taken by commercial and recreational fishers - greenlip abalone (Haliotis laevigata) and blacklip abalone (Haliotis rubra)
• There is a size limit of 13.0 centimetres measured across the greatest dimension of the shell for all abalone species except for greenlip abalone taken from the Western Zone where the size limit is 14.5 centimetres.
• There is a combined bag limit of five abalone per person per day
• There is a combined boat limit of ten abalone per boat per day where two or more persons are diving for abalone from the boat.
• When fishing for abalone, recreational fishers must
  • carry a suitable measuring device,
  • measure abalone as soon as it is removed from the surface where it is attached. If it is undersized, immediately replace it in the same spot and,
  • bring abalone to a position above the high water mark (ie land the catch) before removing the meat from the shell (shucking).
• Recreational fishers are not permitted to sell or trade their catch.
• Any suspected illegal fishing activity should be reported to the 24 hour Fishwatch line on 1800 065 522.