Man fined thousands for nets deemed not compliant with Queensland regulations

A commercial fisherman has been fined thousands of dollars for using trawler nets that had the potential to kill or injure turtles and other “bycatch”.

A commercial fisherman has been fined thousands of dollars for using trawler nets that had the potential to kill or injure turtles and other “bycatch”.

Dennis Michael Barrett, 50, pleaded guilty in Sandgate Magistrates Court on August 5 to nine charges resulting from a Fisheries inspection carried out on his trawler on May 9, 2019.

The court heard that inspectors found several nets used by Barrett did not comply with government regulations.

Six of the charges related to failing to install a compliant turtle exclusion device and the other three related to failing to install compliant bycatch reduction device (BRD).

“The effect of the non-compliant BRDs on the conservation of Queensland Fisheries’ resources and fish habitat is significant,” the Queensland Fisheries prosecutor told the court.

“Especially in consideration of the amount of fish that could die as a result of regular trawling by (Barrett).”

Referring to the nine charges, the prosecutor stated: “There were nine ways in which the survival of Queensland marine species were compromised.”

Barrett’s defence counsel told the court that it was one set of nine charges and should not be looked at by the court as nine separate charges.

He said Barrett did not intend to “kill a whole bunch of turtles”, however he said Barrett did tie the nets in such a way as to prevent any turtles from escaping the nets immediately.

“There was the ability for them to escape, but not immediately,” he said.

“Trawling is a complicated activity, nets get destroyed or get holes and the like, often a trawler operator would change their nets.

“About 12 months ago the bycatch reduction device that was on was actually compliant, but what happened was there were some issues with the net where he did change them and he foolishly didn’t realise he then had a non-compliant one.

“He believed he was OK gear wise.”

Magistrate Jennifer Batts acknowledged Barrett’s early guilty plea and his co-operation with inspectors, though stated that the noncompliance with regulations was significant.

“Each had the potential for large and small marine species to die or be injured,” she said.

“General and specific deterrents are considerations. Denunciation of these factors is a consideration.”

Barrett was fined $5000 in total and ordered to pay court costs of $97.95.

No conviction was recorded.