SIMON TIDSWELL

21 FEBRUARY 2024

COMMENTS ON PASSING SENTENCE - HARTNETT M

Mr Tidswell, you are for sentence for one count of taking scalefish for commercial purposes in State waters and one count of using a trawl net in State waters.

You pled guilty to each count. Your plea has the utilitarian benefit of saving court time but is also demonstrative of what I accept is your genuine remorse and warrants mitigation.

In February 2021 you owned and operated a commercial fishing vessel, the FV Veronica S. The FV Veronica S uses trawl nets. You were the holder of a Commonwealth Scalefish Licence. This permitted fishing in Commonwealth Fishing Zones and is regulated by the Australia Fisheries Management Authority (AFMA). The FV Veronica S is equipped with software to record fishing activities including date, time, and location (GPS) of those activities. The software requires information inputted as to fish species caught and amount in kilograms taken each time the vessel’s nets are shot and retrieved. A report is created and sent to the AFMA.

You were not the holder of a Tasmanian State licence for fishing in Tasmanian State Waters.

Between 7 March and 15 March 2021 you conducted fishing activities in Tasmanian State Waters off the East Coast in the FV Veronica S. GPS information obtained from the AFMA was consistent with the FV Veronica S trawling in State Waters. During the same time, you also fished in Commonwealth Waters.

On 17 March 2021 Tasmanian Police were notified that the FV Veronica had been trawling in Tasmanian State Waters North of Maria Island. You were contacted by Police and complied with their direction to return to Triabunna in the FV Veronica S.

At Triabunna, Marine Police boarded your vessel and spoke to you. Police explained where the boundary lines for State waters were. You told police you had misunderstood where the boundary to State Waters was located and admitted to trawling in State Waters. You were subsequently formally interviewed by Police and again indicated that you did not understand that you were in State Waters given what you understood to be the State Water mark. However, you conceded you had not checked the DPIPWE website before fishing. You had never fished in Tasmanian Waters before. I consider your cooperation with police including your admissions as a mitigating factor.

Tasmanian State Waters extend three miles from the low water line of the coast or island. The baseline is a straight line between these points. You mistakenly believed you could fish three miles from Maria Island. This was not correct. It is accepted by prosecution that this is not a case of a deliberate disregard of the law. Of course, it was incumbent on you to be clear on where you could fish and properly inform yourself.

The reports sent to AFMA by you implicated you in the offences for which you are for sentence. You had accurately recorded and reported your activities to the authorities. The reports showed that between 7 March and 15 March 2021 the FV Veronica S shot and retrieved nets on nineteen separate occasions in State Waters with 5617 kilograms of Scale fish caught during the trawling. The species of Scalefish caught was largely flathead but also included octopus, squid, latchet, shark, and cuttlefish. The fish caught were sold by you.

You have no relevant prior convictions.

You are 59-year-old married man. You are a career commercial fisherman, commencing with your father in the industry at 16 years of age. You live in Lakes Entrance in Victoria.

I received several character references, the general theme from each of the authors are you are a respected friend and colleague with values and integrity, a respected fisherman and generous to the local community. They speak of the impact the charges have had on you particularly given the regard you have to adherence to fishing rules and requirements over your career in the industry. The references speak of your feelings of shame and remorse for the offending. I accept that you are of good character. I also accept that you are genuinely remorseful.

Since the offending you have had to deal with several personal challenges. These challenges were exacerbated by the stress you were experiencing awaiting the laying of the complaint. It did take some time to lay the complaint. Delay in and of itself is not mitigating. The prosecution had some level of complexity attached to. I take into account that there has been no further offending of the intervening period as a matter in your favour. You hold licences in Victoria, NSW, and Commonwealth. You have quota. The scale fish caught in Tasmania waters was counted towards your Commonwealth quota.

You were hoping to retire in the not-so-distant future, you suffer pain in your knee which makes the rigours of fishing harder. The special penalty that must be imposed on count one of the complaint will have a significant financial impact on you and potentially those plans to retire.

There are a number of mitigating factors.

The offences you are for sentence are serious. This can be seen by the penalty regime. In regard to both counts the penalty is a fine not exceeding $860,000 or imprisonment for a term not exceeding two years or both. Count one is an offence that attracts a special penalty. The court must impose the special penalty. In this case the special penalty is $362,003.50.

Fisheries in a highly regulated area of the law. The policy which underpins the Living Marine Resources Management Act and the rules made thereunder is clearly to protect and preserve fishing resources managed under the legislation. Tasmania’s fishing resources are very valuable and very vulnerable. They need to be preserved for the benefit of the community and for the benefit of future generations. Strict adherence and compliance with the regulatory scheme are essential. General deterrence is a significant consideration.

This is a case where a large number of fish were taken in State Waters. It was not a deliberate flouting of the law nor one motivated by greed and committed in a calculated matter. It was very reckless on your part to not to inform yourself of Tasmanian laws more fully to avoid transgressions or breaches in State waters. It was incumbent on you do so. It was not a one-off trawling act, nor were your activities spontaneous. It is incumbent on all those close to Tasmania to ensure compliance with State laws.

Taking into account all circumstances you are convicted of both counts. I impose a single sentence. You are fined $175,000.

In addition, I order that you pay the special penalty of $362,003.50.

I impose court costs.