Nt To Jail All Illegal Fishermen

[mrmoshe]

NT to jail all illegal fishermen

The Northern Territory will jail all illegal fishermen captured in Australia under a federal government plan to create consistency in the way they are processed.

But the NT government is concerned it will lead to a blow-out in jail numbers, which are already bordering on full capacity.

"We are in discussions with the federal government about how we can help them in their plan to make Darwin the hub for housing illegal fishermen caught off northern waters," said NT Justice Minister Syd Stirling.

He said the federal government had estimated 350 illegal fisherman would be jailed in the territory over the next few years and a new prison would be needed to house them.

A spokesman for federal Fisheries Minister Eric Abetz said the NT government had raised "some legitimate concerns that they don't want too much extra pressure put on their prison system".

"At the moment it is a relatively small number, it is a bit larger than it was because we are catching more fishermen but we are trying to strike the right balance between sending a clear message to illegal fishermen and putting too much pressure on the jails," he said.

But with plans to ramp up the crackdown on illegal fishermen, the spokesman conceded more people would be imprisoned.

"They are arrested on entry and then transferred to Darwin for repatriation or prosecution in the NT judicial system," he told AAP.

"It is the central point and it is logical to do it in Darwin rather than very disparate cases around the country."

The spokesman cited a South Australian case where two fishermen were fined $5 each, although the decision was later appealed.

Mr Stirling said talks were underway on a new prison facility.

"The territory government will continue to work closely with the commonwealth to find the best possible solution," he said, adding that the building and running of a new jail would be a federal responsibility.

Mr Abetz's spokesman said the NT was currently compensated for handling the federal prisoners and while the federal government intended to stick with plans to send all illegal fisherman to the territory, it did not mean a new prison facility would be built.

"The government took a decision two years ago to go down this track," he said.

"There are negotiations on separate issues about NT jails' needs full stop, but they are not directly related to this issue."

[zen801]

About time Australia started getting serious. While their at it they could build another jail for whale hunters.

[mrmoshe]

Looks like they are getting serious. This in today's Australian:

Pete.

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Navy to shoot at illegal fishing boats

NAVAL patrols will be allowed to shoot at illegal fishing boats under tough new measures to deter poachers, Defence Minister Brendan Nelson said today.

Dr Nelson said he approved the new rules of engagement because poachers were taking more risks to avoid arrest by the navy, which has several patrol boats, a frigate and air force support hunting for illegal fishing boats.

The vast majority of illegal vessels come from neighbouring Indonesia.

"Our patrol boats will be allowed to fire directly to disable a vessel which is ignoring orders and which is seeking escape apprehension, and which is indeed threatening our navy and our people," Dr Nelson told parliament.

He said illegal fishing boats were increasingly sophisticated and some were engaging in dangerous measures, such as using large sharpened poles and throwing "missiles" to avoid arrest.

He said he asked for the stronger rules of engagement after an Australian sailor was left hanging from the stern of an illegal fishing boat as it tried to escape.

The navy has captured a record 357 illegal fishing boats since January in waters off the northern and north-west coast. Many of the illegal fishermen were hunting sharks for their lucrative fins.

Under Australian law, all captured illegal fishing boats are impounded and later destroyed, while their captains face hefty fines and jail terms.

Indonesian boat crews say they are being locked out of traditional fishing grounds by Australia.

In May the Government announced an extra $500 million to boost security around Australia's remote northern border with extra surveillance flights and sea patrols.

Australia and Indonesia have also agreed to joint naval border patrols, to crack down on illegal fishing and people smuggling from Indonesia, as part of a new security treaty signed on November 13.

Dr Nelson said the new rules would also include the use of tear gas and pepper spray.

"It is extremely important that anybody who comes to this country seeking to steal our fish and breach our sovereignty knows they will be met with a very strong, disciplined Australian navy," he said.

[mrmoshe]

Illegal fishermen crowding WA prisons: report

From ABC Online:

A new report says Western Australia's prison system has been flooded with Indonesian fishermen.

WA's inspector of custodial services, Richard Harding, says the state's prisons are stretched to the limit, and could not cope with another influx of Indonesian men convicted of illegal fishing in Australian waters.

He says although the situation has eased recently, the number of Indonesian fishermen is expected to rise again once the cyclone season has passed.

Illegal fishermen are technically Commonwealth prisoners but they are required to be held in state facilities.

Professor Harding says the Federal Government has given a verbal assurance that further illegal fishermen will be detained in Commonwealth facilities in South Australia and the Northern Territory.

He says the influx of fishermen is adding to overcrowding of prisons and impacting on good management.

The comments are contained in a report on the Albany Regional Prison following an inspection earlier this year.

Professor Harding says he will watch closely to ensure the Federal Government keeps its promise to detain future illegal fishermen in Commonwealth facilities.

"Now that's a very important undertaking and it's very important we keep them to it," he said.

"Because this system in WA generally is actually stretched almost to breaking point and we can't afford unnecessary extra overcrowding because of the influx of such people."

Professor Harding says the promise must be kept.

"We'll certainly be keeping an eye on it and making a noise if they don't," he said.

[mrmoshe]

Australia's fishing sanctions 'illegal'

From ABC Online

A legal expert has warned changes that sanction the Navy to fire on illegal fishing boats are illegal under international law.

The measures, announced by Defence Minister Brendan Nelson this week, allow the Navy to fire into the bow or engine of foreign fishing boats in Australian waters if they ignore calls to stop.

University of Queensland expert Dr Rachel Baird says the International Tribunal for the Law of the Sea has ruled that the use of such force is excessive.

She says firing into vessels could leave the Navy open to retaliation.

"The consequences of firing into the flag vessel of another state are that you could first of all injure the national of that other state or even kill the national of another state," she said.

"The extreme consequence is that the Australian Government could be subject to international legal action for that action."

Dr Baird says the Government should concentrate on stopping the boats before they arrive by targeting their owners and the markets that sell their catches.

"The problem with shooting into the vessel is that you can't see whether there's anybody in the area of the vessel that you're shooting into and the risk of injury to the national of a foreign state is incredibly high," she said.

[mrmoshe]

Fishers' group backs 'floating prison'

From ABC Online

A group representing professional fishermen in the Kimberley, in northern Western Australia, has welcomed the purchase of a heavily armed Customs ship as the latest tool against illegal fishing.

The 98-metre diesel-electric powered trimaran, the Triton, will have the capacity to detain foreign fishers at sea before they are transferred to shore for prosecution.

The ship, dubbed a "floating prison", will be deployed for 12 months, costing about $17 million and will be based in Darwin.

Alan Fraser of the Kimberley Professional Fishermen's Association says the money is being well spent.

"We're talking hundreds of boats within our fishing zone at any given time and they only have the capacity to catch a few of them," he said.

"This will certainly give them the ability to round up a lot more boats and send a very strong message to the criminal syndicates that run these operations that it's no longer going to be viable to carry on this way."