Charles Andrew Nye sentenced over illegal fishing

Charles Andrew Nye, 48, was sentenced to a total of 250 hours of community service, fined $3000 and sentenced to a community corrections order for two years when he appeared in Batemans Bay Local Court on May 15.

He was sentenced after being found guilty of possess prohibited size fish in circumstances of aggravation - prior offence, possess more than the possession limit of fish in circumstances of aggravation - prior offence, threaten fisheries officer and possess shucked abalone - not commercial fisher after a trial.

Nye pleaded not guilty to the charges claiming Native Title Defence.

According to documents tendered to the court, Nye was found in possession of 200 shucked abalone by Fisheries Officers near Wallaga Lake on November 14, 2019. 12 of the abalone were smaller than the legal size limit.

The papers said Nye was collecting the abalone with his son for his daughter's 30^th birthday party to be held in Mogo.

Nye's lawyer Nicholas Allan told the court Nye was concerned about the preservation of abalone stocks along the south coast and recognised the importance of keeping abalone breeding stocks in the water.

"He thought he was imparting to his son some of the practice of cultural fishing," Mr Allan said.

"He was keeping his son connected to his Aboriginal roots by taking him fishing in the way he did."

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However, Magistrate Doug Dick found Nye guilty of the charges.

Mr Dick ruled the taking of the abalone by Nye didn't satisfy all the elements of a Native Title Defence.

"Mr Nye did not show that his actions were consistent with established traditional Aboriginal practices," he said.

He said a birthday party where many invitees were not of Aboriginal Heritage "would not satisfy the communal needs as required by the legislation".

"A birthday party in such circumstances would not be regarded as a cultural or spiritual activity," he said.

Mr Dick ruled that Nye didn't have a "need" or "necessity" for taking the abalone, but a choice to "cater for his intended guests by providing a seafood banquet".

Mr Dick said while he was aware of Nye's role in the community teaching young people the importance of cultural practice at land and sea, it was the court's responsibility to protect fishing stock and stop future offending.

He said Fisheries had been "very kind" by not pursuing the enforcement of a prohibition order which would have prevented Nye from fishing along the south coast for a length of time.