Cronulla abalone poacher Steven Brear jailed for stealing dozens of fish

An unlicensed Cronulla fisherman has been fined $35,000 for fishing offences committed for a mere $491 profit.

Steven Brear, a serial abalone poacher, has been sentenced for a range of fishing offences. Picture: Ashleigh Tullis

A repeat seafood delicacy poacher has been jailed and fined $35,000 after he stole more fish than allowed in the attempt to profit $491.

Steven John Brear, 52, fronted Sutherland Local Court on Tuesday where he was sentenced to 18 months in jail with a non-parole period of 11 months after he pleaded guilty to a range of fishing offences.

The court heard the recreational fisherman from Cronulla, who was never granted a commercial licence, had been fined and committed fisheries offences in NSW, Victoria, South Australia and Tasmania dating back to 1997.

Agreed facts tendered to the court said fisheries officers were conducting covert patrols near Ulladulla on May 9 last year when Brear was seen putting a large bag into his jetski’s compartment.

Steven Brear has been ordered to pay $35,000 in fines. Picture: Ashleigh Tullis

Officers followed Brear in the car until he pulled over on the Princes Highway, walked into the bushes and emerged carrying a white box.

Six eastern rock lobsters were found inside, despite two per person being the legal limit.

In total, 94 abalones were discovered during the search, when two is the possession limit.

Brear was charged with trafficking an indictable species of fish, two counts of possessing more fish than the limit in circumstances of aggravation and possessing prohibited sized fish.

Meanwhile, Brear was also caught breaching a number of fisheries rules in July 2021 when NSW fisheries officers conducted a covert patrol along the Royal National Park coastline.

They saw him drop two lobster traps into the water despite recreational fishers only being permitted to use one at a time.

Steven Brear illegally poached hundreds of abalone on his return to Melbourne from Tasmania in 2007.

On October 1, Brear was seen in the same location on his jet ski removing and replacing 19 sets of commercial lobster fishers’ traps from the water.

He also did not hold a current recreation fishing licence.

Brear was charged with two counts of unlawfully using a net or trap for taking fish; setting an unidentified trap; interfering with set fishing gear without reasonable excuse and three counts of failing to pay a recreational fishing fee. He pleaded guilty to all charges.

In court, Magistrate Hugh Donnelly said Brear’s crimes showed a “continuing attitude of disobedience of fishing law”.

“There was a degree of planning and execution when abalone were secreted in the bush … and stored in a compartment in a jetski,” he said.

“He admitted he committed the offences for financial gain.”

Fisheries officers arrested abalone poacher Steven Brear on his return to Melbourne from Tasmania on the Spirit of Tasmania in 2007.

The court previously heard Brear claim he did not take the abalones to make a large profit noting he would have sold the fish for $491.

Mr Donnelly said Brear had a long criminal history of breaking fisheries legislation, including being jailed for two years and fined $180,000 for one count of trafficking in fish; and in October 2007 he was caught with 546 abalones while driving off the Spirit of Tasmania ferry and jailed for 17 months.

“I can’t find the offending was uncharacteristic or an aberration but rather it was characteristic,” he said.

“Brear has very poor prospects of rehabilitation and no regard for fishing regulation in this state and other states for a number of decades.”

Brear was fined $35,000 and his jetski and trailer were ordered to be forfeited, with a number of fishing conditions placed on him.

He will be eligible for parole on January 6, 2024.