Paralowie fisherman convicted for massive crab haul, including 179 undersized blue swimmers

A marine engineer by trade has been banned from crab fishing after raking in a massive haul of more than 300 blue swimmers – most undersized.

A 46-year-old Paralowie man has been banned from crab fishing for five years and given a $10,000 fine after being caught with 323 blue swimmer crabs including 179 that were undersized.

Mark Terrence Smith appeared in the Port Adelaide Magistrates Court on Tuesday charged with three counts of selling, purchasing or possessing a prescribed aquatic resource.

The court heard that in the early hours of January 14 last year, Smith was observed in a kayak at Tennyson beach taking crabs using a crab rake.

“He was observed placing them into bins at the top of the kayak without measuring them, in the shallows off Tennyson beach,” the prosecutor said.

“Fisheries officers approached the defendant on the beach and the defendant admitted it was him that caught the crabs in the bins. The bins contained 217 blue swimmer crabs and one sand crab.”

The court heard Smith then led fishery officers to his vehicle, which contained a further 106 blue swimmer crabs, one of which was carrying external eggs.

A massive haul of blue swimmer crabs has led to serious penalties for a Paralowie man.

“Mr Smith said he intended to clean the crabs, freeze them and eat them himself,” the prosecutor said.

Of the 323 blue swimmer crab seized, 179 were found to be undersized.

The court heard the defendant had a prior history and was convicted of engaging in fishing activity in contravention of a declaration in relation to the snapper fishing closure in 2007.

Smith’s defence lawyer said his client was a keen recreational fisherman, who had been fishing since he was 12-years-old.

“He ended up making that passion part of his career. He worked on charter boats for a number of years and he is a marine engineer by his qualifications,” he said.

The court heard Smith rarely went crabbing but he went crabbing that night for food.

“His intention was to get the meat from the crabs, to roll them into a sausage or salami – like shape and then freeze it so he could cut off medallions to then cook for meals,” the defence lawyer said.

“He has learned his lesson, a lesson he did need to learn that he cannot take more than his share.”

Magistrate Luke Davis said he did not accept that Smith was crabbing solely for his own food.

A Paralowie man has received serious penalties for after being found with a massive blue swimmer haul at Tennyson beach.

“Let’s be real – we’re talking about almost 27 kilos – that’s a lot of medallions,” he said.

“You have been a professional fisherman and are a marine engineer by trade – so you know well and truly the impact of this type of offending.”

Magistrate Davis convicted Smith, fined him $10,442, and made an order that he be prohibited from being in possession or control of blue swimmer crabs for a period of five years.

Primary Industries and Regional Development Minister David Basham welcomed the ruling.

“It’s extremely disappointing when anyone chooses to break our fishing rules especially when it’s as blatant as this one,” he said.

“It’s important those that are caught doing the wrong thing are penalised and I welcome today’s court outcome.

The massive haul of more than 300 blue swimmer crabs that landed a Paralowie man in court. Pic: Supplied

“The Marshall Liberal Government takes our seafood sustainability seriously which is why earlier this year we increased penalties for fishing offences in response to years of pleas from the industry.

“An increase in fishing fines has been long overdue with some remaining unchanged for 30 years and price of seafood has risen well above these penalties.

“Rogue fishers who are now caught doing the wrong thing will have a significant hit to the hip pocket.”