Maximum fine for third abalone thief
Friday 24th August, 2007

The last of three offenders has appeared in the Ceduna Magistrates Court charged with various abalone-related offences.

The charges resulted from Operation Kodiak, a joint PIRSA Fisheries and Ceduna SAPOL operation on the state’s far west coast back in June 2005.

Mark John Richardson (36) of Findon was found guilty and convicted of a number of charges including the possession of a commercial quantity of abalone for sale and taking abalone for the purposes of sale while not having a commercial abalone licence.

As a result, he was sentenced to 12 months imprisonment with a seven month non-parole period. The jail sentence was suspended upon Mr Richardson entering into a three year good behaviour bond. The Magistrate also imposed an additional penalty of $30,000, the maximum allowable under current Fisheries Legislation, together with prosecution costs of $7,000.

Previously sentenced were Nicholas Karagiannis (56) of Coorabie, west of Ceduna and Robert Hedley Miller (19) from Croydon. Mr Karagiannis was given an 18 month jail sentence with a non-parole period of 12 months and fined an additional penalty of $30,000. Mr Miller was placed on a two-year good behaviour bond.

As part of this case, Fisheries Officers seized nearly 2,000 abalone, valued at more than $35,000, together with a vehicle, a vessel, a quantity of diving gear and camping equipment. As part of the sentencing, the Magistrate confirmed forfeiture of all equipment and fish seized.

"Penalties imposed by the Courts for fish theft support the seriousness of this type of crime. A jail sentence, albeit a suspended one, acknowledges the impact this type of high level illegal fishing activity can have on the long-term sustainability of fish stocks," Mr Tatarelli said.

Under the new Fisheries Management Act 2007, to come into effect from September 1, 2007, offences such as these will attract much higher penalties:

Taking commercial quantities of abalone without a licence could attract fines of up to $250,000 or imprisonment for up to four years. Possession of a commercial quantity of abalone for sale could result in penalties of up to $50,000 or imprisonment for up to four years. Offenders also risk being charged with the new offence of trafficking in a priority species. If proven, penalties for this offence could be up to $100,000 or imprisonment for up to four years.