Abstract

Lacking human and financial resources to monitor every catch, regulatory agencies promote cooperative compliance among recreational and commercial fishers alike, via accessible information campaigns and user-friendly guides. However, it appears that a section of the fishing community is resistant to educational initiatives and continue to breach licence conditions and fisheries regulations. Fishing non-compliers engage in opportunistic activities, which individually may not be significant, however in aggregate, could potentially be a major economic and environmental threat to Australian fisheries. In most legal frameworks, breaches of licence conditions and fishing regulations have real and significant penalties which are designed to dissuade potential offenders. Therefore, to ensure these legal frameworks are effective, understanding drivers for non-compliance, and fishers’ attitudes towards these civil and criminal penalty regimes, are important. This paper critically analyses results from primary survey data collected from a cross-section of West Australian recreational and commercial fishers about perceptions of sanctions for fisheries infringements. The research applies criminological theory to interpret the rationale contributing to a ‘culture’ of non-compliance among some fishers. It concludes that greater use of sanctions can play a role in encouraging a ‘culture’ favouring compliance.

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