Mooloolaba fishermen Brady Ward and Darren Ward in court over illegal whiting export sale

A father and son fishing duo have received seriously hefty fines after failing to adequately report on a massive whiting catch destined for the export market. Here’s what happened in court.

The NSW Fisheries boat, Solitary Ranger at Coffs Harbour Marina is used for regular patrols off the Coffs Harbour coast. Photo: Tim Jarrett

A father and son fishing duo have received seriously hefty fines after failing to adequately report on a massive whiting catch destined for the export market.

Commercial fishermen Darren Ross Ward and his son Brady Darren Ward, regularly fish in northern NSW waters before returning to the docks at Mooloolaba.

The Department of Primary Industries and Regional Development (DPIRD) brought the case against the pair after questioning the legitimacy of a sale of a huge 4360 kilos of whiting.

Court documents show the whiting was caught in NSW in 2021-2022 and transported across the Queensland border for the export market.

The pair faced a long list of charges each linked to failing to report their catch as per their compliance requirements with the Fisheries Management Act.

Regular patrols are undertaken by NSW Fisheries in waters off the Coffs Harbour coast. Photo: Tim Jarrett

Coffs Harbour Local Court heard Brady Ward also faced a charge of abusing a fisheries officer.

Defence solicitor Kim Roser argued that the DPIRD put the pair “under minute scrutiny”.

The Solitary Ranger at Coffs Harbour Marina is used by NSW Fisheries to ensure commercial fishermen comply with their obligations. Photo: Tim Jarrett

“Time, money, stress, anxiety have been involved since commencement in 2023,” Mr Roser told the court.

He said that Ward junior had a learning disorder that contributed to the reporting failures.

However, DPIRD counsel Mr Mitchell disputed that there was any evidence of learning difficulties.

Magistrate Julia Virgo questioned the court at length about the Wards’ knowledge of reporting obligations as commercial fishermen.

“It is their obligation and their obligation alone to comply,” she said.

The Wards had sold seafood caught in NSW in Queensland through a registered business Ward Fishing Pty Ltd.

Ms Virgo decided the Ward’s had been given chances to comply including a letter which detailed the legislative failures to comply signed off by a department officer with “Feel free to contact me”.

On August 6, Ms Virgo convicted Brady Ward of abusing a fisheries officer but did not impose a penalty.

He was fined a total of $9,000 and ordered to pay court costs to the DPIRD of $15,616.58.

He was fined $2000 for fail to comply with requirements to produce records, three fines totalling $5000 for three counts of commercial fisher fail to make real time reports, $2000 for fishing employer fail to make records as prescribed.

Brady Ward attended Coffs Harbour Court on June 21, 2024 where he faced multiple charges that contravene the Fisheries Management Act and a further count of abusing an officer.

Darren Ward was fined a total of $5000 and ordered to pay professional costs of $8201.70 to the DPIRD.

Ward senior’s fines included $2000 for fishing employer fail to make records as prescribed, $2000 for commercial fisher fail to make real time reports, $1,000 commercial fisher fail to make records as prescribed and $2000 for fail to comply with produce records.

Both men pleaded guilty to all charges.

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Originally published as Mooloolaba fishermen Brady Ward and Darren Ward in court over illegal whiting export sale