Divers could face prison time after illegal abalone haul seized near Batemans Bay

Two men face could face prison time after they were allegedly found on the South Coast with nearly 10 times the legal amount of a protected sea species, as well as other prohibited fish and crustaceans.

A late-night dive at a popular Batemans Bay marine park could cost a pair of fishermen tens of thousands of dollars after they were allegedly nabbed with nearly 10 times the legal amount of the protected Abalone sea snail, as well scores of other prohibited fish and crustaceans.

The divers were apprehended by Batemans Bay Fisheries Officers late on Sunday evening as part of an ongoing operation by the NSW Department of Primary Industries targeting illegal fishing activities, including the harvesting of protected Abalone and sea molluscs.

The men were allegedly found to be in joint possession of 36 Blacklip Abalone, 20 of which were of a prohibited size, which are alleged to have been illegally taken from the restricted North Head Habitat Protection Zone of the Batemans Marine Park, north of Batemans Bay.

The pair, who are believed to have been diving in an area exclusively for shore-based line fish, were also allegedly in possession of eight Eastern Rock Lobster, three of which were a prohibited size, 10 Red Sea Urchins and, 35 mixed molluscs, including Triton Snails and Cartrut Snails.

“The two men’s dive gear and all fish were seized with the fish returned to the water alive,” according to a NSW DPI spokesperson.

Two men were apprehended by Batemans Bay Fisheries Officers on June 26 allegedly in joint possession of a large quantity of Abalone, Eastern Rock Lobster, Sea Urchins and other mixed molluscs illegally taken from the North Head Habitat Protection Zone of the Batemans Marine Park. Picture: NSW DPI

“The men will likely be summoned to court and face several serious charges, including offences against the Fisheries Management Act and the Marine Estate Management Regulations.

“The charges carry penalties of up to $22,000 or six months imprisonment, or both for a first offence.”

Under NSW law, fishermen are only permitted to harvest two abalone each.

In 2020, an Eden man was charged with trafficking in seafood after being caught with almost 2000 undersized abalone at various beaches within the Ben Boyd National Park south of Eden.

The divers were apprehended by Batemans Bay Fisheries Officers as part of an ongoing operation by the NSW Department of Primary Industries targeting illegal fishing activities. Picture: NSW DPI

The Batemans Marine Park, which runs from Bawley Point to Bermagui, is subdivided into various sections wherein different types of fishing, including shore and spear fishing, are permitted.

Within the North Head Habitat Zone, nearby to Maloneys Beach, almost all types of fishing are prohibited, including abalone.

Just south of the protected area, fishermen are permitted to line, spear, trap, and net fish in areas around Batemans Bay.