Who was involved & where it happened
Nineteen Indonesian nationals appeared in the Darwin Local Court in two linked matters after Australian authorities intercepted separate vessels targeting sea cucumber (beche-de-mer) inside Australian waters. These infringements occurred firstly within the Cobourg Marine Park near Port Essington, NT (11 October 2024) and then in the Kimberley Marine Park near Cape Talbot, WA (17 October 2024).
Both boats were apprehended, their gear seized, and—under biosecurity powers—the vessels were destroyed. All 19 defendants pleaded guilty to offences under the Fisheries Management Act 1991 (Cth). Sentences included immediate and suspended imprisonment, security undertakings, and good-behaviour bonds. All those charged were to be removed from Australia after court proceedings. AFMA
What happened (facts & timeline)
- 11 Oct 2024: Patrols located a vessel illegally fishing sea cucumber within Cobourg Marine Park. Thirteen crew were detained; the master received a two-year good-behaviour undertaking ($400 security); each crew member received a 12-month undertaking ($200). The vessel was destroyed. AFMA
- 17 Oct 2024: A second vessel was intercepted in the Kimberley Marine Park. Six crew were detained and two had prior findings of guilt for similar offences.
Sentences included (for one repeat offender) six months’ imprisonment with 14 days to serve, remainder suspended, and a $5,000 security undertaking. Another repeat offender received a three-month suspended term and a $3,000 security undertaking.
Others received three-year undertakings ($3,000). The vessel was destroyed. AFMA
- 29 Oct & 13 Nov 2024: Guilty pleas and sentences handed down in Darwin Local Court. ABF handled removals post-sentence. AFMA
The legal issues
- Jurisdiction & entry: Fishing inside the Australian Fishing Zone and within Commonwealth marine parks without authority breaches the Fisheries Management Act 1991 (Cth). AFMA
- Protected areas & species: Targeting sea cucumbers inside marine parks aggravates offending given conservation aims and management plans. AFMA
- Penalties & custodial risk: Repeat offending elevates penalties to imprisonment; courts used security undertakings and good-behaviour bonds to reinforce deterrence. AFMA
- Post-seizure powers: Seizure and destruction of vessels under fisheries and biosecurity law has become routine in these cases, amplifying the economic cost of offending. AFMA
Outcome & remedies
- Criminal convictions, suspended and served jail terms, financial undertakings ($200–$5,000), and vessel destruction. Crews were removed to Indonesia. AFMA flagged ongoing public information campaigns in Indonesia to deter expeditions before they start. AFMA
How this could have been avoided
- Awareness & outreach: AFMA and Maritime Border Command actively push deterrence messaging into Indonesian fishing communities—heeding these warnings avoids catastrophic loss of vessel, liberty, and income. AFMA
- Licensing & spatial rules: Even if targeting ubiquitous species, foreign crews require lawful authority; marine parks add another layer of no-take/no-gear constraints. AFMA
Lessons for Australian wild-catch operators
- Enforcement tempo is up. AFMA reports 273 Indonesian nationals prosecuted in FY2024–25—triple the year prior—with imprisonment up to six months appearing in outcomes. Deterrence is front-foot. AFMA
- Marine parks + repeat history = custody risk. Courts are signalling that repeat foreign incursions and activity in parks will attract custody and higher securities. AFMA
- Expect vessel destruction where biosecurity risks exist. Plan your own risk response: if you encounter foreign poachers, report quickly—AFMA’s CRIMFISH hotline remains the channel. AFMA
- For domestic fleets: These cases indirectly remind Australian skippers that park boundaries, reporting, and bycatch rules are enforced just as firmly domestically (see Articles 2 and 3). AFMA+1
Social media posts
- X/LinkedIn: Darwin Local Court hands down jail & bonds after sea cucumber poaching in Cobourg & Kimberley marine parks. Vessels destroyed. Deterrence message: loud & clear. #AFMA #WildCatch #SeaCucumber #MarineParks #FisheriesLaw AFMA
- Facebook: Illegal foreign fishing isn’t “low risk”: jail, boat loss, and removal followed two NT/WA interceptions. Know the rules. Protect the fishery. #SustainableFisheries #Compliance #IUU AFMA
- Instagram: Sea cucumbers, marine parks, and a courtroom in Darwin—here’s why non-compliance costs everything. #BecheDeMer #AFMA #CommercialFishing AFMA
Article 2 — “20× over the limit”: the snapper trip-limit case off Wilsons Promontory (Dec 2024)
Who was involved & where it happened
Two commercial fishers linked to a Commonwealth-regulated vessel fishing east of Wilsons Promontory (Vic) pleaded guilty in the Bairnsdale Magistrates’ Court on 5 December 2024 after one trip delivered 1,013 kg of snapper, >20× the permitted 50 kg trip limit for that zone. AFMA
What happened (facts & timeline)
- 31 July 2023: The vessel master caught, retained and landed 1,013 kg snapper from Commonwealth waters adjacent to Victoria where a 50 kg trip limit applies. AFMA
- AFMA investigated and charged both the master and the concession holder with offences under the Fisheries Management Act 1991 (Cth), referencing Fisheries Management Regulations 2019 (Part 7, Div 8, s49) obligations. AFMA
- 5 Dec 2024: Both were released on 18-month good-behaviour undertakings and ordered to pay court costs plus $5,000 each to a local charity. AFMA
The legal issues
- Trip limits as a sustainability lever: AFMA set the 50 kg trip limit (since 2011) in response to State concerns that Commonwealth operators could pressure Victorian snapper stocks. The limit reduces targeting by all methods. AFMA
- Offshore Constitutional Settlement (OCS): AFMA manages snapper in Commonwealth waters adjacent to Victoria under the OCS with the State—operators must navigate interlocking State/Commonwealth settings. AFMA
- Chain of liability: Both master and concession holder can face outcomes—compliance is not just the skipper’s problem. AFMA
Outcome & remedies
- Convictions with undertakings, cost orders, and charitable payments ($5,000 each). AFMA reiterated that breaches of limits risk prosecution and significant penalties. AFMA
How this could have been avoided
- Pre-trip planning: Lock in species-specific trip limits by area ahead of sailing; brief crew on retention prohibitions and bycatch handling (see Article 3). AFMA
- Live compliance checks: Use electronic logbooks and FishOnline/GoFish resources to track accumulating catch, and set hard stop points to avoid crossing the threshold. AFMA
- OCS literacy: Build a cheat-sheet that maps Commonwealth vs State rules by fishing ground—especially near jurisdictional seams like Wilsons Prom. AFMA
Lessons for the fleet
- Trip limits are not soft guidance. Courts treated a 20× exceedance as serious, even with no allegation of stock harm—because the rule protects the stock. AFMA
- Master + owner both exposed. Compliance systems must assign clear responsibilities and back them with dashboard-style monitoring as catch comes aboard. AFMA
- History matters. These settings have been in force for well over a decade; courts expect familiarity. AFMA
- Community benefit orders are common. Expect charitable payments and costs even where jail isn’t in play. AFMA
Practical compliance checklist (snapper/limits)
- Confirm trip limits for target and incidental species by zone before departure. AFMA
- Set in-haul tally alerts (e-log triggers) at 70% and 90% of limit; stop retain at 95% to avoid accidental overrun.
- Train deckies on sorting/returning procedures to reduce unintentional retention beyond limits.
- Keep evidence—GPS tracks, haul sheets, e-log entries—in sync; inconsistencies invite investigations.
Social media posts
- LinkedIn: Bairnsdale case: 1,013 kg snapper vs 50 kg trip limit = convictions, 18-month good behaviour, $10k in community payments. Know your limits—literally. #AFMA #Snapper #TripLimit #Compliance #WildCatch AFMA
- X: Trip limits bite. Go 20× over and you’ll feel it in court. #FisheriesLaw #Sustainability #CommercialFishing AFMA
- Facebook: OCS seams can be tricky—Commonwealth waters, Victorian stocks, one vessel, big exceedance. Brush up before you head east of the Prom. #OCS #AFMA #VicFisheries
