Introduction

Recreational fishing is one of New South Wales’ favourite pastimes. Whether you are casting a line from a jetty, fishing offshore, targeting estuary species, or enjoying a family holiday by the water, NSW has some of Australia’s best fishing opportunities.

However, recreational fishing is also heavily regulated. Every year, Fisheries Officers issue hundreds of infringement notices for breaches of the Fisheries Management Act 1994 (NSW) and the Fisheries Management (General) Regulation. Many people are surprised to learn that an innocent mistake—keeping one undersized fish, exceeding a bag limit, fishing in a closed area or forgetting to renew a recreational fishing licence—can result in substantial fines or, in more serious cases, prosecution before the Local Court. (NSW Legislation)

While some offences are straightforward, others may be capable of challenge where the evidence is disputed, the law has been incorrectly applied, or there are exceptional circumstances.

This article explains the most common recreational fishing offences in NSW, the penalties that may apply, and what options are available if you believe a fine has been unfairly issued.

Why Recreational Fishing Laws Exist

Fishing laws are not designed simply to punish anglers.

Their purpose is to:

• Protect Fish Stocks
• Preserve Breeding Populations
• Ensure Sustainability
• Protect Threatened Species
• Prevent Illegal Commercial Activity
• Maintain Fairness Between Recreational And Commercial Fishers.

Most recreational fishers support conservation. The difficulty often arises because regulations can change regularly, vary between species and waterways, and contain numerous exceptions.

Common Recreational Fishing Offences

Fishing Without Paying the Recreational Fishing Fee

Most people fishing in NSW waters are required to pay the NSW Recreational Fishing Fee unless an exemption applies.

A Fisheries Officer may ask to see proof that the fee has been paid.

Failure to pay the fee, or being unable to immediately produce proof of payment when required, can constitute an offence. (NSW Legislation)

Fortunately, this is usually one of the easier issues to resolve if the payment had in fact been made.

Exceeding Bag Limits

Bag limits are among the most common offences.

Daily limits exist for many species including:

• Snapper
• Flathead
• Kingfish
• Bream
• Whiting
• Mulloway
• Lobsters
• Crabs
• Abalone.

Bag limits help ensure future fish populations remain sustainable.

Even exceeding the limit by one fish can technically amount to an offence. In more serious cases, particularly involving large quantities or aggravating circumstances, substantial penalties and even imprisonment may be available to the court under the legislation. (NSW Legislation)

Keeping Fish That Are Too Small

Minimum legal lengths are another frequent source of infringement notices.

Fish must generally be measured correctly from the tip of the snout to the end of the tail while lying flat.

Problems often arise because:

• Fish Shrink After Death
• Fish Curl Naturally
• Incorrect Measuring Devices Are Used
• Anglers Estimate Rather Than Measure.

If a Fisheries Officer measures a fish differently, a dispute may arise regarding whether the fish was actually undersized.

Photographs taken at the time may become important evidence.

Taking Protected Species

Certain species are completely protected or have strict restrictions on when and how they may be taken.

Examples include:

• Protected Sharks
• Certain Rays
• Threatened Marine Species
• Species Protected In Particular Waters.

Recent attention has also focused on protections applying to Eastern Blue Groper in NSW, following changes introduced by the NSW Government. (The Guardian)

Taking protected species can result in significantly higher penalties than ordinary recreational fishing offences.

Fishing in Closed Waters

Many estuaries, marine parks and spawning areas have seasonal or permanent closures.

Common mistakes include:

• Fishing Inside Sanctuary Zones
• Entering Prohibited Areas From A Boat
• Misunderstanding GPS Boundaries
• Relying Upon Outdated Maps.

The fact that a closure was accidental does not automatically prevent enforcement action.

Using Illegal Fishing Equipment

Certain fishing methods and equipment are prohibited or restricted.

Examples include:

• Illegal Nets
• Prohibited Traps
• Excessive Fishing Lines
• Certain Spear Fishing Methods
• Prohibited Hooks Or Gear In Protected Areas.

Simply possessing prohibited fishing gear in circumstances covered by the legislation may itself constitute an offence. (NSW Legislation)

Possessing Illegally Taken Fish

Even if someone else caught the fish, possession can create legal problems.

For example:

• Accepting Fish From Another Person
• Transporting Illegally Caught Fish
• Storing Fish Taken Unlawfully.

The prosecution must generally prove the fish were illegally taken, although statutory defences may exist depending upon the circumstances. (NSW Legislation)

Commercial Quantities

Occasionally Fisheries Officers investigate recreational fishers suspected of selling fish or taking commercial quantities.

These cases can become significantly more serious and may involve:

• Search Warrants
• Seizure Of Vessels
• Confiscation Of Equipment
• Criminal Prosecution
• Forfeiture Proceedings.

Legal advice should be obtained immediately.

Powers of Fisheries Officers

NSW Fisheries Officers have extensive investigative powers.

Depending on the circumstances, they may:

• Inspect Catches
• Measure Fish
• Inspect Fishing Equipment
• Request Identification
• Inspect Boats
• Inspect Vehicles
• Seize Fish
• Seize Equipment
• Issue Infringement Notices.

Interfering with an officer or failing to comply with lawful directions may create additional offences.

Can You Challenge a Recreational Fishing Fine?

Yes.

Receiving a penalty notice does not necessarily mean the matter is beyond challenge.

The appropriate response depends upon the circumstances.

Possible options include:

• Internal Review
• Election To Have The Matter Determined By The Local Court
• Legal Representations
• Defending Criminal Proceedings If Prosecuted.

Each option carries advantages and risks.

Common Grounds for Challenge

Mistaken Identification

Sometimes Fisheries Officers arrive after several people have been fishing together.

Disputes may arise regarding:

• Who Caught Particular Fish
• Ownership Of Fishing Gear
• Which Person Exceeded The Bag Limit.

Witness evidence may become important.

Incorrect Measurements

Measurement disputes occur regularly.

Questions may arise regarding:

• Measuring Method
• Damaged Tails
• Partially Eaten Fish
• Fish Measured After Deterioration.

Independent expert evidence may sometimes assist.

Incorrect Species Identification

Some fish species closely resemble others.

Where size limits differ between species, incorrect identification can materially affect liability.

Expert evidence may occasionally be required.

Honest and Reasonable Mistake

Australian law sometimes recognises the defence of honest and reasonable mistake of fact.

Whether this defence applies depends upon the precise offence and surrounding circumstances.

Legal advice is important before relying upon this argument.

Procedural Errors

Occasionally investigations involve procedural issues including:

• Incorrect Notices
• Unlawful Searches
• Evidentiary Deficiencies
• Chain Of Custody Problems
• Identification Difficulties.

Not every procedural error results in dismissal, but some may significantly affect the prosecution case.

Should You Simply Pay the Fine?

Not always.

Paying a penalty notice generally finalises the matter.

Before paying, consider:

• Did The Offence Actually Occur?
• Is The Evidence Reliable?
• Were You Correctly Identified?
• Were The Regulations Properly Applied?
• Is There Evidence Supporting Your Version?

Obtaining legal advice before paying may prevent unnecessary consequences.

What Happens if the Matter Goes to Court?

If the matter proceeds before the Local Court, the prosecution must prove the offence beyond reasonable doubt.

Evidence may include:

• Fisheries Officer Observations
• Photographs
• Body-Worn Cameras
• GPS Evidence
• Seized Equipment
• Measurements
• Witness Statements.

A solicitor can examine:

• Whether The Prosecution Can Prove Every Legal Element
• Possible Legal Defences
• Weaknesses In The Evidence
• Sentencing Options If Liability Is Established.

Can Equipment Be Seized?

Yes.

Depending upon the offence, authorities may seize:

• Boats
• Trailers
• Fishing Gear
• Nets
• Traps
• Illegally Caught Fish.

In more serious matters, forfeiture orders may also be sought.

Preventing Recreational Fishing Fines

Most infringement notices are avoidable.

Before every fishing trip:

• Check Current Bag Limits
• Check Legal Size Limits
• Confirm Seasonal Closures
• Check Marine Park Restrictions
• Ensure Your Recreational Fishing Fee Is Current
• Carry Proof Of Payment
• Measure Every Fish Accurately
• Release Undersized Fish Immediately
• Keep Updated Using Official NSW Fisheries Information.

Fishing rules change regularly, so relying upon last year’s information may create unnecessary risk.

When Should You Speak to a Lawyer?

Legal advice is worthwhile if:

• Multiple Offences Have Been Alleged
• Significant Fines Apply
• Equipment Has Been Seized
• Commercial Activity Is Alleged
• You Dispute The Facts
• You Have Been Required To Attend Court
• The Matter Could Affect Your Employment Or Professional Licences.

Early legal advice often provides the greatest opportunity to resolve matters efficiently.

How Aquarius Lawyers Can Help

Aquarius Lawyers has extensive experience advising clients throughout NSW on regulatory, fisheries and criminal law matters.

We can assist by:

• Reviewing Infringement Notices
• Advising Whether A Fine Should Be Challenged
• Representing Clients In Local Court
• Negotiating With Prosecuting Authorities Where Appropriate
• Advising Commercial And Recreational Fishers
• Protecting Your Legal Rights Throughout The Investigation Process.

Every matter turns on its own facts. Early advice can make a significant difference to the outcome.

If you have received a recreational fishing fine or have been charged with a fisheries offence, contact Aquarius Lawyers before making any admissions or deciding whether to pay the infringement notice.

A timely legal review may identify options that are not immediately obvious and help you achieve the best possible outcome.