A RECREATIONAL scuba diver who took three times the allowable crayfish catch at Peterborough, which were all undersize, has been fined $2000.
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Thomas Heard Bowman, 40, of Birregurra Road, Deans Marsh, did not appear in the Warrnambool Magistrates Court this week but pleaded guilty to five breaches of the Fisheries Act through his defence counsel Justin Serong.
The charges included using a hook underwater, breaching a prohibition order, exceeding the catch limit and two counts of taking undersize fish.
He was convicted and fined $2000, ordered to pay $153 costs and his scuba gear valued at about $1000 was forfeited.
Fisheries prosecutor Ian Westhorpe said that on January 7 this year Bowman travelled to Peterborough and entered the water about 7pm to dive for rock lobster.
He caught three crayfish by hand and three using a metal snare before leaving the water about 9pm and heading back to his vehicle.
Bowman was intercepted by fisheries officers in the car park with three female and three male lobsters when the catch limit is two for each diver on any one day.
All six rock lobsters were measured and found to be under the minimum length with one of the males more than three centimetres short.
Bowman said he used a snare because it made it easier to catch the crayfish and he had not put them on his gauge because it was difficult to judge the size under water.
All six crayfish were returned to the water.
Mr Serong said his client had been tempted by the conditions and the offending involved ignorance and a disregard for the rules.
He said Bowman only scuba dived infrequently and previously dived in South Australia where some of the laws were different.
Mr Serong said the defendant was under the impression he could dive using a snare but Mr Westhorpe added that using a snare while scuba diving in South Australia was illegal.