Commercial fisher first in state to be convicted under new fishing laws

A Moreton Bay commercial fisherman who failed to report catches of shark has become the first person to be convicted under new laws.

A Moreton Bay commercial fisherman has become the first in the state to be convicted of new fish trafficking offences.

Kallangur man Mark Edward Rilley, 44, was fined $25,000 after pleading guilty in Caboolture Magistrates Court to 26 charges including trafficking activity for priority fish — namely sharks.

He has also become the first Queenslander to be convicted of new vessel tracking offences by failing to ensure his boat was fitted with approved vessel tracking equipment while on the water.

Kallangur commercial fisherman Mark Edward Rilley has been fined $25,000 after pleading guilty to 26 charges. Picture: Facebook/Mark Rilley

Rilley also pleaded guilty to taking, selling or using regulated fish, unlawfully selling fish and 15 counts of failing to comply with a condition of authority.

The court heard Rilley amassed the charges over a period of several months from December 2018 and through much of the following year.

Around June 27, Rilley failed to report a lawful catch of seven sharks, which constituted the trafficking charge.

Rilley sold 14 undersized mulloway (jewfish) ranging in size from 61.4 to 72.14cm for a total of $582.70 around June 27, 2019.

The legal size for mulloway caught by in Queensland is 75cm.

He also kept hauls cod caught in crab pots when he should have only be catching crabs, which fisheries officers detected by looking at records of his dealings with a seafood auction house.

Magistrate Andrew Hackett also heard Rilley’s paperwork recording his commercial activity was also lacking.

“If you’re in this occupation, you’re expected to comply with the applicable laws,” Magistrate Hackett said.

“When reminded he could only take crabs and not fish, he became irritated and started swearing,” he said.

Magistrate Hackett said that on one occasion when asked where his tracking device was, a “recalcitrant” Rilley responded with “at home where it belonged”.

In another instance, when asked to stop for a search by Fisheries inspectors, Rilley “simply drove away”.

“The days of cowboy fishing are over... you’ve displayed an attitude that I think sits poorly with your chosen occupation as a fisherman.

“You’ve got to seriously ask yourself is this occupation for you.”

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