Introduction
For wild catch fishers, inspection is part of the job. Fisheries officers have broad powers to board vessels, check gear, and inspect catch. Most inspections are routine — but sometimes they result in infringement notices or prosecutions.
This article explains what to do if you get inspected and how to manage the legal process.
What Inspectors Can Do
- Board vessels at sea or in port.
- Inspect licences, logbooks, catch, and gear.
- Seize unlawful catch, equipment, or records.
- Issue infringement notices on the spot.
Legal note: Inspectors’ powers are broad, but not unlimited. They must comply with fisheries laws and respect rights against unlawful searches.
Common Infringement Triggers
- Exceeding quota or catch limits.
- Using non-compliant gear (e.g., nets without bycatch reduction devices).
- Fishing in closed seasons or marine park zones.
- Failing to complete logbooks or VMS reporting.
Immediate Steps if Inspected
- Cooperate politely and provide required documents.
- Record details of the inspection (names, times, questions asked).
- Do not admit liability or make unnecessary statements.
- Ask for copies of any notices or documents provided.
If You Receive an Infringement Notice
- Note the deadline for payment or contesting the notice.
- Seek legal advice immediately — especially for serious allegations.
- Do not ignore the notice; non-response can escalate penalties.
Possible Defences
- Errors in quota records or reporting systems.
- Incorrect identification of species or gear.
- Breaches caused by exceptional circumstances (storms, safety concerns).
Risks of Non-Compliance
- Fines and licence suspensions.
- Criminal charges for serious or repeated breaches.
- Loss of reputation and market access if breaches are publicised.
Conclusion
Inspections are part of fisheries management. If you face an infringement notice:
- Cooperate but protect your legal position.
- Seek advice promptly.
- Review whether compliance systems need strengthening.
Aquarius Lawyers supports fishers facing inspections, infringement notices, and court proceedings.
