WHEN Robert John Roberts pulled a strange-looking fish from the water about two years ago, he decided to keep hold of it so that personnel from NSW Fisheries could identify it.
But that fish resulted in Mr Roberts recently being hit with fines and costs totalling more than $5000 when he pleaded guilty to possessing a protected species – an Eastern Blue Devil Fish.
While the penalty was welcomed by Primary Industries Minister Ian Macdonald, it has resulted in an appeal being lodged by Mr Roberts, 55, of Greenwell Point.
And he has again protested about the circumstances that led to him being charged.
A long-time professional fisherman, Mr Roberts said he had caught many Eastern Blue Devil Fish and had released them, but the fish he caught two years ago that led to him being charged was completely different.
“The Eastern Blue Devil Fish is normally cobalt blue, but this fish was a chocolate brown,” he said.
Unable to identify the fish, which was dead by the time it reached the surface, Mr Roberts kept hold of it and took it to a fish shop he operated at the time, but since disposed of nearly two years ago.
He wrapped the fish in plastic and kept it in storage in a freezer until Fisheries officers arrived a day later, when he produced it and asked for their help identifying the fish species.
Mr Roberts said the two officers had no idea what type of fish it was, even after consulting a book, and sent it to Sydney where it was identified as an Eastern Blue Devil Fish, resulting in Mr Roberts being given a fine for possessing a protected species.
But he asked if the experts from NSW Fisheries had trouble identifying the fish, how was he supposed to be able to tell it belonged to a protected species.
“I had no idea what it was,” Mr Roberts said.
“I actually gave it to the Fisheries officers asking for their advice – they didn’t seize it or find it or anything.”
Mr Roberts said he was originally planning to fight the charge because of the circumstances, but changed his mind when warned he could face thousands of dollars in court costs if NSW Fisheries had to bring experts to Nowra Local Court to identify the fish species.
But his guilty plea still brought a fine of $2000, with professional and court costs totalling $3283.
However that is being appealed.