Interpol says pirate fishing vessels operating in protected research areas south of Australia

The three ships using illegal gillnets to catch prized toothfish were operating in a protected fishery research area about 2500 kilometres from Hobart, according to details released by the global policing agency.

Interpol issued purple notices for the trio, warning that they are likely involved in criminal activity, and asking for information on individuals or networks that own, operate and profit from them.

But after boarding attempts failed in icy conditions, the New Zealand Navy ship Wellington has had to leave the illegal vessels still fishing, and return to port for fuel.

Australian's Southern Ocean patrol ship Ocean Shield was on Friday still off tropical Christmas Island in the Indian Ocean, according to ship-tracking websites.

Activists from Sea Shepherd said in the absence of naval forces, they planned to take up the pursuit of the fishing boats.

"The Australian government failed to deliver on its promises of sending a customs vessel to monitor whaling last year and now continues to cede more Antarctic territory to poachers," said  Sea Shepherd's Peter Hammarstedt.

"Those poachers have now again escaped justice and continue making a mockery of Australian and international law."

Mr Hammarstedt said the Sea Shepherd ship Sam Simon would attempt to hunt down the fishing boats.

Interpol's notice said the Yongding, Songhua and Kunlun were sighted travelling together by Australian government aerial surveillance in December.

It said the Songhua had been blacklisted since 2008, and was previously associated with the Spanish Vidal Armadores syndicate.

The Yongding has operated under at least 11 different names and nine flags since 2001, and the Kunlun has been spotted using at least 10 different names and five flags since 2006.

The ships were said to be inside the Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR) Area Statistical Subarea 58.4.1 Small Scale Research Unit H, which includes waters offshore of the Australian Antarctic Territory.

Comment was sought from the Minister for Customs and Border Protection, Peter Dutton.