Ray Del Mar faces court over taking undersized abalone off beach at Killarney

A Warrnambool man took 11 times the legal limit of abalone off Killarney because he got “way too excited and went stupid”, a court has heard.

A Warrnambool man has faced court for taking 11 times the limit of abalone near Warrnambool, all of which were undersized.

A Warrnambool man who took 11 times the legal limit of abalone — all of which were undersized — told fisheries officers he got “way too excited and went stupid” while spearfishing off Killarney.

Ray Del Mar pleaded guilty in Warrnambool Magistrates’ Court to exceeding the abalone catch limit, taking undersized abalone and not carrying an abalone measuring instrument.

The court was told fisheries officers found Del Mar in possession of 56 undersized black-lip abalone during a search at Killarney beach. The smallest abalone measured 8.9cm.

The daily catch limit in the far west zone is five and the minimum size is 13cm.

Del Mar, who had no prior convictions, told the officers he used his hand to measure the abalone.

Prosecutor Elana Tozer from the Department of Jobs, Precincts and Regions said the fact all abalone taken were undersized was an aggravating feature of the offending.

“It wasn’t a portion, it was all (undersized),” she said.

“While the abalone taken is not the greatest amount he could have taken he did take 11 times over the limit.”

Del Mar said while he knew what he was doing was wrong, he had thought “screw it” while in the water and took the abalone anyway.

He told the court it was the first time he had been in the water for 12 months, given Covid lockdowns and restrictions.

“I can assure you this will never happen again,” he said.

Magistrate Mark Stratmann said the abalone laws needed to be followed to “protect the precious resource”.

He convicted Del Mar and sentenced him to a good behaviour bond until February next year and pay $500 to the court fund.

All his dive equipment, except his speargun, was ordered to be forfeited and destroyed.