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TWO pensioner brothers from Rutherglen have each been hit with fines and costs of more than $2700 for using an illegal fish trap to catch crayfish in the Murray River near Corowa last year.
Magistrate Tony Murray said in Corowa Local Court yesterday that such offences against the Fisheries Act carried significant general deterrence.
He told Frederick James Collins and John Richard Collins they were facing maximum penalties of $22,000 and six months’ jail on each of two charges.
“I am not looking at a jail term. I am looking at a fine,” Mr Murray said.
Frederick Collins, 76, pleaded guilty to a charge of unlawfully using a trap to take fish and possessing fish illegally taken.
John Collins, 74, pleaded guilty to two counts of possessing fish illegally taken.
A statement of facts told how a fisheries officer received anonymous information on August 1 last year about the use of illegal fish traps upstream of Corowa.
The officer used a grapple hook to find a fish trap about 1.5 kilometres upstream from Elanora Reserve on August 13.
The trap, baited with meat bones and a white sulphur crested cockatoo, had six crayfish inside.
It was put back, and the following day when the officer returned, he found about 15 crayfish in the trap, before keeping it under surveillance until 5.30pm.
He returned at 9.30am the next day and saw a twin cab utility parked near the river before being driven about 400 metres.
The Collins brothers and another man started cutting and collecting firewood using a chainsaw.
When the officer checked the fish trap, it no longer contained any crayfish and was rebaited with rabbit.
The officer introduced himself to the three men and John Collins quickly drove off, leaving the other two.
He was pursued on foot by the officer, threw something in the river and returned to collect the other two before driving off.
But the officer stopped the vehicle as it attempted to leave the property.
Solicitor Rod Ambrose said it was the first time either Frederick Collins or John Collins had been before a court.
“They have few assets,” Mr Ambrose said.
Mr Murray said he had to consider the maximum penalties and the capacity of the two men to pay.
He said people needed to think twice about doing what they did.
“It is important to bear in mind the objects of the Fisheries Act,” Mr Murray said.
He said a primary consideration was conserving fish stocks — it was estimated two million people fished in NSW waterways each year.
“Mr Murray imposed fines of $800 on each charge.
He ordered both of them to pay $1164 professional costs incurred in the prosecution, and the fish trap was forfeited for destruction.