David John Marriott, 43, of Winmalee, pleaded guilty to charges of possess more than the possession limit and possessed prohibited fish at Milton Local Court.

Facts tendered to the court said fisheries officers were conducting a vehicle-based patrol around the coastline of Kioloa on February 9, 2017.

About 1.45pm officers saw three people diving adjacent to Kioloa boat ramp. They observed a green catch bag attached to Marriott. 

Officers then watched him measure six abalone, but never saw him interact with other divers, or the other divers interact with Marriott’s gear.

Officers approached and called Marriott over and found he had 16, whole, live abalone in his bag.

He had a metal gauge with “11.7” stamped on it and attached to his catch bag.

Officers found 15 undersized abalone, between 9.7cm and 11.3cm. The legal limit is 11.7 and recreational fishers can possess up to two.

Marriott was asked about the legal size and limit. He said 11.7 centimetres and stated “10, oh no it’s only two.”

When fisheries officers asked him why he was in possession of the 16 he responded “I thought I could measure them after I finished diving and return them to the water”.

Fisheries said they saw him measure and he said “I wanted to show my wife”. When asked why he couldn’t show just two, Marriott said “I wanted to take a photo”.

Officers seized the abalone and returned them to the water alive. 

On December 13, Magistrate Gabriel Fleming sentenced Marriott to a section 10 bond, but he received no conviction.