Repeat offenders – imprisonment for illegal foreign fishers following major haul of sea cucumber in Australia’s Top End
This is a joint media release between the Australian Fisheries Management Authority (AFMA) and Australian Border Force (ABF).
Eleven Indonesian nationals pleaded guilty to illegally fishing in Australian waters at Darwin Local Court on 7 January 2025.
The case arose from an incident on 18 December 2024 when Australian authorities identified, intercepted and apprehended an Indonesian vessel fishing illegally near Croker Island, Northern Territory.
Authorities located and seized a particularly large quantity of sea cucumber, determined at the time to be approximately 3200 kg. Various fishing equipment was also seized, including a device used for dredging the sea floor along with 150 kg of salt (used to preserve catch). Dredging equipment of this nature causes significant damage to delicate reef systems.
The vessel was seized and destroyed in accordance with Australian law. The crew was detained and transported to Darwin for further investigation by AFMA.
All 11 fishers were charged with offences against the Fisheries Management Act 1991.
The master of the vessel was subject to an outstanding warrant arising from previous similar offending in 2017 and was sentenced to one week of imprisonment as a result. Regarding the current matters, he was sentenced to a 2-month term of imprisonment along with an additional 3-month term of imprisonment for being in charge of a vessel found fishing illegally in the Australian territorial sea. These sentences will be served concurrently, with an immediate custodial term of 6 weeks while the remainder is suspended.
One crew member was identified as being released on a good behaviour undertaking in August 2024 for similar offending. The current charges breach that undertaking and he was re-sentenced to one month imprisonment. In addition, he was also sentenced to 2 months imprisonment on the current charges. The sentences are to be served concurrently, with an immediate custodial term of one month while the remainder is suspended.
A further crew member was also subject to an outstanding warrant arising from previous similar offending in 2017. He was sentenced to one week of imprisonment for that matter along with a 2-month term of imprisonment for the current charges. These sentences are to be served concurrently, with an immediate custodial term of one month while the remainder is suspended.
The remaining eight crew members were released on $500 undertakings to be of good behaviour for a period of 2 years.
The fishers will be removed from Australia by ABF and returned to Indonesia.
There have been 110 Indonesian fishers prosecuted in Darwin Local Court since 1 July 2024.
AFMA, in partnership with Maritime Border Command (MBC), a multi-agency task force including Australian Border Force and Australian Defence Force, continues to target illegal foreign fishing in Australian waters to protect our precious marine resources.
Australian authorities are also using other measures to combat illegal fishing at its source, including the delivery of public information campaigns within Indonesian fishing communities, the distribution of educational material, targeted social media campaigns, and proactive engagement with fishers.
Quotes attributable to AFMA’s General Manager, Fisheries Operations, Mr Justin Bathurst:
“AFMA and our partner agencies remain focused on prosecuting offenders for fishing illegally in Australian waters. Those looking to undertake these illegal ventures risk the seizure of their catch and equipment and destruction of their vessel.”
Quotes attributable to Acting Commander Maritime Border Command, Mark Whitechurch:
“This illegal activity threatens Australia's borders, and MBC will remain vigilant to detect and intercept these vessels through ongoing surveillance, patrolling and response capabilities.
“This illegal activity will not be tolerated in our waters. We will intercept you, you will lose your catch, your equipment and possibly even your vessel.”
Illegal fishing activity in Australian waters can be reported to Australian authorities by contacting CRIMFISH on 1800 274 634 or intelligence@afma.gov.au.
For more information:
Media: media@afma.gov.au or 0437 869 860
www.afma.gov.au
