In an Australian first, two commercial fishermen have been fined $15,000 each for the deliberate scuttling of a fishing vessel off the coast of Ulladulla on the New South Wales South Coast.
Father and son, Marcus Clem McDermott and Mark Anthony McDermott, were convicted and sentenced in the Nowra Local Court for dumping their vessel, the Maria Louise K (MLK), in Australian waters without a permit.
Her Honor Julie Zaki determined beyond reasonable doubt that the defendants agreed to dump the vessel because of its low commercial viability and their inability to scrap and sell it.
The maximum penalty for sea dumping without a permit is $16,500 or 2 years jail time. Her Honor noted that the fines would be a strong deterrent to others who sought to deliberately pollute the marine environment.
The MLK was a 16m former fishing vessel built in 1970 and registered in Fremantle. The vessel was previously in service in Western Australia and South Australia as a commercial trawling vessel.
The father and son, who purchased the vessel in 2020, towed it out to sea and sank it on 24 January 2023.
A prior NSW Maritime inspection conducted on the MLK while berthed at Ulladulla Harbour noted that the vessel was not in a seaworthy state.
The sentencing by fine concludes Operation Bannerman, a Commonwealth Department of Climate Change, Energy, the Environment and Water (DCCEEW) investigation. The investigation was referred by the Australian Maritime Safety Authority (AMSA) after a tip-off by a concerned member of the public.
With the assistance of the NSW Department of Primary Industries (DPI) resources, the MLK was located 5.8 nautical miles northeast of Ulladulla Port on the Far South Coast of NSW, resting on the ocean floor at a depth of 80 to 90 meters.
The Environment Protection (Sea Dumping) Act 1981 prohibits the dumping of waste in Australian waters without a permit.
Quotes attributable to a spokesperson for the Department of Climate Change, Energy, the Environment and Water
"We take the protection of Australia's marine environment very seriously and this includes protecting the waters surrounding Australia's coastline from unpermitted sea dumping.
"These fines send a strong message that the illegal dumping of fishing vessels, and other unwanted items or waste at sea won't be tolerated, and offenders will face serious consequences for their actions.
"This successful prosecution demonstrates the effectiveness of multi agency collaboration and a strong, coordinated compliance and enforcement response to protect Australia's marine environment."
"With the help of the Australian Maritime Safety Authority (AMSA) and state and territory authorities, we will continue to pursue those who do the wrong thing and dump items that may compromise our precious marine environment."
