A North-West man who got caught in the current of his son-in-law's illegal fishing operation has been hit with a hefty fine, despite not making any financial profit himself.
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Acacia Hills' Michael John Allford, 54, pleaded guilty to trafficking rock lobster between January 28 and February 22, 2020.
The court heard Allford at the request of his son-in-law had sold 153 rock lobsters to various hotels and private individuals across the North-West Coast during that time.
Justice Jago described Allford as the "middle man" in his relative's illegal lobster business, which had been triggered by "significant financial difficulty" due to money owing on his commercial fishing licence.
The judge said the younger man had begun catching lobster over his quota limit, including from a marine nature reserve, and had asked his father-in-law to help him transport them from Hobart to the North-West and sell them on to customers.
Allford also accompanied his son-in-law on a fishing trip as a deckhand, for which he was given lobster in lieu of payment.
Justice Jago said Allford had a "strong work ethos", and had not initially been fully aware of his son-in-law's activities.
However, she noted he had inquired about a fishing licence at one point, indicating he knew it was illegal.
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She was careful to point out that Allford had made no financial gain from his activities, and had pleaded guilty early on.
"Nonetheless, these populations are vulnerable and need to be preserved for the community and for the benefit of future generations," Justice Jago said.
"The flouting of the rules must be viewed seriously. Fish were taken unlawfully, and the potential depletion of the resource is serious.
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"Mr Allford was very much the middle man. His liability arises from agreeing to on sell the fish that had been illegally caught."
She imposed a conviction and a fine of $4000.
She also fined Allford a "special penalty" of $58,140 under the Living Marine Resources Management Act, which is calculated based on the amount of fish involved, and cannot be altered by a judge.
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