Police issued a $500 fine to a 25-year-old spear fisherman, after a protected Blue Groper, which may have been the legendary fish known as Gus, was killed at Oak Park.

The Department of Primary Industries' fisheries division is also investigating.

Onlookers were outraged when the spear fisherman emerged from the water and paraded the dead fish.

A police statement said, "About 5pm on Saturday December 30, officers from the Marine Area Command responded to reports of a Blue Groper fish allegedly being killed by a spear fisherman at Oak Park, Glaisher Point - approximately 2km south of Cronulla.

"Officers spoke with a 26-year-old man at the scene.

"The fish was not located by police and is believed to have been returned to the water.

"Following inquiries the man was issued a penalty notice for take Groper not use rod and line or hand line which carries a penalty of $500."

Locals believe the fish is likely to be Gus, who is 35-40 years old and is well-known to divers and swimmers in the area.

Blue Gropers are a protected species and it is illegal to spear them, with a maximum penalty of $22,000 or six months' jail available to courts.

Spearfishing is also banned from the southern end of the Oak Park rock pool to the entrance of, and all around, Port Hacking.

New warning signs were erected in the area only a month ago by the fisheries division of the Department of Primary Industries (DPI).

A DPI spokeswoman said it was "investigating after a photograph was obtained showing a large Blue Groper that may have been illegally taken by spear".

Tenille Piek, who told the Leader earlier this year how her scuba diving family had swum with a Blue Groper they call Gus at Oak Park for more than 30 years, fears the worst.

"Blue Gropers are pretty territorial," the devastated Cronulla resident said. "Going by his tail and body shape, I would be very surprised if it's not him."

Ms Piek said her mother was the first person to approach the spear fisherman, and requested to take his photo.

"He smiled and showed off his killing," Ms Piek said.

"He did not appear to know it was a protected species and he could be fined up to $22 000, or given 6 months' imprisonment.

"My mother and father told the man off and explained the local laws, which are clearly displayed on sign posts placed at Oak Park by the Department of Primary Industries.

"He had no cares. He walked off proudly, while locals followed closely behind to report him and hopefully see the number plate on his car.

"When police arrived, the man walked with them down to the water. He said he threw the groper back in, but locals who had been watching him [disputed that]."

In December, the Leader published a Letter to the Editor from Ms Piek about the new warning signs.

Ms Piek pleaded for follow-through by DPI inspectors, along with answers to questions about the similar killing of a Blue Groper in May this year, which led to the new signs being erected.

"Here we are months later and another Groper has been killed, leaving our local community to question if there really are going to be any consequences," she said.

"How can we protect this space for our children's children? How does one have all the gear and no idea?

"Locals are demanding action. Awareness and education is only the beginning. Please help us achieve that."

.The DPI spokeswoman said Groper were protected from commercial fishing and spearfishing, and can only legally be taken by line in NSW. For recreational fishers a minimum size limit of 30cm and a bag limit of two (with only one fish over 60cm) applies.

"Penalties may include a $500 on the spot fine per offence for taking a groper by any method other than a line or handline, possession of prohibited size or exceeding the bag limit," she said.

"Maximum penalties by way of court prosecution for an individual are $22,000 and/or six months imprisonment for a first offence relating to size and bag limits, and $11,000 for taking groper by an unlawful method.

"NSW DPI installed highly visible spearfishing signage in early November 2023 near the Oak Park rock pool and the Salmon Haul Reserve, Cronulla, to increase awareness of the Port Hacking spearfishing closures.

"The new signage contributes to a well-informed and responsible fishing community and provides contact information to report illegal fishing activities.'

Further information about recreational fishing rules: www.dpi.nsw.gov.au/fish.../recreational/fishing-rules-and-regs

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