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juju
26-02-2009, 10:29 PM
Ok forgive me i have a rotten headache...feel like death...just watching the cricket because i cant even get to sleep...but i was just looking up size limits to settle a household conversation...and i read this
http://www.dpi.qld.gov.au/documents/Fisheries_RecreationalFishing/RecFishing-RegsGuide.pdf

page 5 about Bag Limits......am i reading it right , it includes fish you have in teh freezer?....
Head hurting too much to think....

bayfisher
26-02-2009, 10:45 PM
Yes you are reading it right, we have in 'possession limits' not catch limits as such (ie how many are on the esky on the boat) however in reality i don't think fisheries inspectors they are driving back to your place to check what is in the fridge so your right as long as you don't have any more than your in possession limit in your esky. I assume these rules are as such and make sense when people go away camping to the islands to do beach fishing etc, instead of hauling 20 tailor a day into the esky they are restricted to 20 in possession (unless on frazer for 72 hours or more then its 30)

Cheers Chris

juju
26-02-2009, 10:49 PM
Most time there is the same in the freezer as in the boat anyway......yep didnt think of camping...(told ya the brain isent working).....

pontificator
26-02-2009, 11:14 PM
so, don't go to a fish shop and buy more than your bag limit for the upcoming gathering :-)

CreelReaper
26-02-2009, 11:29 PM
Guys, the in possession limit has been around for a while now. In reality if your neighbour doesn't like you and knows you have fish in the freezer and exceed the limit the inspectors have the power and will inspect and prosecute as required.
As for exceeding the limits I believe that if you produce a receipt for said purchased fish then you are ok.

Shane

TimiBoy
27-02-2009, 02:16 AM
I doubt they can walk onto your property without a warrant, surely?

I think the only people who can walk in without permission are water inspectors and Coppers. And they need "reasonable suspicion". Or do I watch too many Cop shows?

Cheers,

Tim

eugah
27-02-2009, 03:55 AM
As far as i know Fisheries Inspectors have more power than police & can access your property without a warrant, but i may be wrong.


Adrian

aussiefool
27-02-2009, 06:30 AM
I'm sure that if they suspect you of selling fish on the black market then they can search you property, without any paper work. Just like they can search your boat and car, hence the "in possession law"

Wahoo
27-02-2009, 07:08 AM
all my fish is in fillets, ready to grab for a feed, what would happen then? they would have no idea what is in there, sometimes i dont know whats what


Daz

FNQCairns
27-02-2009, 07:19 AM
Daz if you where a big enough fish:) in theory they could get a genetic profile done but in reality some 'job description' expert half wit type would make guesses/assumptions and would be good enough for what is typically guilt before any innocence prosecutions, unless you where prepared to sell the car and re mortgage the house to protect yourself from those.

They would have the police in attendance to enter the house, the police would need to hear suspicion voiced from fisheries, the dream the fishery's bloke had last night would be ok enough cause for the cops to go along with it.

cheers fnq

disorderly
27-02-2009, 07:33 AM
I doubt they can walk onto your property without a warrant, surely?

I think the only people who can walk in without permission are water inspectors and Coppers. And they need "reasonable suspicion". Or do I watch too many Cop shows?

Cheers,

Tim

I think plenty of people can access your property with flimsy reasons....ie EPA and maybe council as well...Even I can legally enter your yard Tim...if I had "accidentally" thrown a ball,frisbee,dog etc over your fence..I have every right to retrieve my personal property...maybe you have watched too many american cop shows where you can just shoot intruders and ask questions later..;);D

Freehold land is an ambiguous title in reality...

BTW has anyone actually heard of the Fisheries entering a property and checking a freezer...???

Scott

Wahoo
27-02-2009, 07:38 AM
this is what i dont understand, on a good size red emp, i would get 6-7 bags of fillet, good bag size ,( i will call em dinner size bags) just enough for Dana and I to have a good feed, and thats just red emp, if you bag out on silver nanni (9 P/P ) all in the 6 - 8 kg fish, thats a lot of "Dinner size bags" in the freezer, then there is Spanish, trout, cobia, and so on, does this mean they can thaw out all the bagged fish just to check them? there is no way they can look at a bag and say "this is silver nanni" is there?, well i dont have a hope in hell doing that, i dont know what im grabbing at the time, i just cant see them doing this


Daz

FNQCairns
27-02-2009, 07:47 AM
Yeah your pretty safe...depending also on what came out of your mouth.

Having whole fish at home or fishfillets with skin or skinless full fish fillets unchopped up is unsafe......all depending on the persons level of paranoia.

Just don't label:)

cheers fnq

robersl
27-02-2009, 07:53 AM
ok there go the fish fingers from the freezer and my birds eye crumbed fillets as well that is fish in possesion but what kind?

shane

Wahoo
27-02-2009, 07:55 AM
ROFPML, thats funny as Shane


Scott, i have never thought that they can do this, but they can

Daz

murf
27-02-2009, 08:15 AM
is always a concern coming off Fraser after the Toyota comp, say we fish with six blokes and we have one freezer and that freezer goes home in the ute with only two people then they are in possession of a lot more than allowed:o

but as said if you are nice and don't do the wrong thing in other ways as in keeping undersized fish etc then I believe you would have no worries

cheers Murf

finding_time
27-02-2009, 08:16 AM
It's just the way the 90% who cant catch fish bring the 10% who can down to there own level!!!;)

As far as at home goes i think your pretty safe unless you are blackmarket selling and fisheries get wind of it! The fillets in your freezer would have been portioned and maybe skinned, now unless they are going to DNA test to prove species and number ( there maybe just 5 VERY VERY BIG FISH) you'll be safe! Now as far as i know the dna tests are 18 month behind ( unless you rob the police ministers office:o ;) ) so i cant see fisheries bothering with the time or expense can you!


Ian

FNQCairns
27-02-2009, 08:18 AM
ROFPML, thats funny as Shane


Scott, i have never thought that they can do this, but they can

Daz

Yeah we are all nothing more than 'chop chop' dealers now, I used to label less than brilliant eating fish as brilliant eating fish as I had a couple of mates who where fish snobs and might even watch the bags come out of the freezer, they never worked the ruse out either;D.

Today, best to be sure everything in the fridge is bludger!;D;D ahhh so much of the spice and good things forever lost......

cheers fnq

Pazz01
27-02-2009, 08:26 AM
I've heard about this.

They would have to be pretty pickie. Again, as mentioned earlier they would have to have suspect you were doing something illegal.

What happens with the bag limit if you have been out with 4 blokes in the boat, and you get 28 trout, and you only have a 2 seater car and the boat on the back and you get pulled over? You are in possession of more than your limit do you get booked then?

I'd reckon that they are after the black market sales.

At one stage a while back I would have been in deep sh*t if they checked my freezer, we got 100 trout in 3 weeks.

Pazz

mono
27-02-2009, 09:10 AM
I have it on good authority that this law was put in place to help stop black market fishermen. So if you are doing nothing illegal you have nothing to worry about and are pretty safe!
There are a few blokes down this way (NSW) that have been mackerel fishing everday for the past week that should be worried-very worried!! Expect a knock on the door fellas because the same law applies in NSW!
Cheers

FNQCairns
27-02-2009, 09:24 AM
I have it on good authority that this law was put in place to help stop black market fishermen. So if you are doing nothing illegal you have nothing to worry about and are pretty safe!
There are a few blokes down this way (NSW) that have been mackerel fishing everday for the past week that should be worried-very worried!! Expect a knock on the door fellas because the same law applies in NSW!
Cheers

yeah I agree, hence the chop chop I mentioned above ...still so was the fin clip punitive regulation, a recfisherman must disprove the assumption of automatic guilt by clipping a fin...hence guilt assumed before innocence, doing nothing wrong today has little to do with fisherys law or the fine or the punishment that will be received. It's a brave new world.

cheers fnq

murf
27-02-2009, 09:50 AM
I have it on good authority that this law was put in place to help stop black market fishermen. So if you are doing nothing illegal you have nothing to worry about and are pretty safe!
There are a few blokes down this way (NSW) that have been mackerel fishing everday for the past week that should be worried-very worried!! Expect a knock on the door fellas because the same law applies in NSW!
Cheers

:o :o :o

thanks for that info Mono, you are correct

I always thought it was a daily bag limit, species such as blue groper and bass had possession rules not all the species

I have done many ill eagle stuff then as mates have driven to my place in their own car from the boat ramp after a days fishing and I have had the catch still in the boat on the trailer, so I have had double the possession of fish on me:-[

I guess we are all criminals as there is no way we could do everything legal in our lives, and some of the laws presume we are guilty of offending before we even do anything in a lot of circumstances too

cheers Murf

timddo
27-02-2009, 10:00 AM
No one will enter my property without a warrant .


It will be hard to convict you even if you had 50 snappers in the freezer. ( i've only caught 5 in my lifetime, so far)
Nans 5 snaper, gramps, mums, dads, aunties, friends.

i know DPI - fireants people can inspect outside, but not inside.

Bugger, i got a baby baramuni as a pet- i wonder if i will get a fine for that one too. ( pet store brought)

mono
27-02-2009, 10:10 AM
Cheers Murf,
Its a shame that laws such as these have to be put in place to stop a few bad eggs. I dont think any of us have 'always' been angels and have bent the rules on a few occasions intentionally or by accident, thats life.
But it still amazes me the hide and brashness of some of the blackmarketers around this area! I'm sure its the same in most ports around Aus.

Cheers

oldboot
27-02-2009, 10:46 AM
here are a couple of things that have been raised before.

In possesion is just that and that cuts two ways.

If you have too many in the freezer, perhaps you need to give em to you brother who lives down the road.
If there are 4 in the house......up goes the in possesion.

I have argued in the past about the big esky in the boat situation that if there are a group of blokes fishing that the cahtch should be clearly marked as to who it belongs to... seperate eskies, seperate containers or compartments or simply labled... JIM... FRED... BRUCE.

An if these guys are able to vouch, particularly if they could describe the details of their take unprompted, I would be very surprised if it would go far.

I agree that this like many other pieces of fisheries legslation need to be made more specific and managable.

This fin clipping is a crock......if you are dealing black market you arent going to be holding unfinclipped fish.........you will finclip, then take them home and value add by fileting and portioning, then turn them arround very quickly.

If you were smart you could run a nice dodgy fish business with no risk of being zipped for failing to finclip or being over bag.

cheers

juju
27-02-2009, 11:15 AM
Mince them all up and make fish cakes...;D
Add into the fish "shrinkage" we were talking about once (eg how fish shrink a bit after they die)...and it makes you feel safe knowing that most times you catch bugger all anyway.......now if i just anchor 5mts the other side of the green zone and cast into it......

CreelReaper
27-02-2009, 11:33 AM
Timddo, I appreciate your fervour at not allowing anybody to enter your property without a warrant.
Be warned though that many of the authorities have 'legal' rights to enter your residence with suspicion only. Stopping them would only add to the 'guilt'.
As far as I know anybody can enter your property as long as they stay on the path to your front door. It I believe is classed as public access. The moment they step off the path however is classed as trespassing.
And guys, yeah the queue is long for DNA testing but if they want to chase it down they will.
Mono is right the law was passed to stop the blackmarketing but hence does not go lenient on the average fisho.
Not too sure on NSW or other states but in Qld it is 'in possession' not daily.
As for anybody who has an aquarium there are separate rules and regs but I dare say that if you had an undersized barra without I think a permit then you'd be in trouble.

Shane

oldboot
27-02-2009, 12:23 PM
This fishing outside a gren zone is an interesting one.....i think 5 meters is pushing the freindship a bit but 20 meters out would be a reasonable thing.


so you are legaly fishing outside a green zone and you get a screaming hook up again all outside a green zone....... so this fish is taking line at teriffic rate......AND... the fish heads into the green zone... you and your boat are still outside............now are you fishing in a green zone;D .

Consider that you can easily get 950 metres of standard 15lb mono on a 7 inch alvey;D .

cheers

TonyM
27-02-2009, 01:02 PM
I have only heard of one bloke that was nabbed in Hervey Bay and they raided his house, although that was a black marketer as suggested by a few of the guys allready.

Every now and again the local fisheries crew raid various Caravan parks in the area and nab a few I believe. I think with these raids they tend to get mostly grey nomads with the freezer in the van stocked full with as many itty bitty winter whiting fillets crammed in as possible.

Cheers
Tony

Ozwald
27-02-2009, 02:59 PM
I doubt they can walk onto your property without a warrant, surely?

I think the only people who can walk in without permission are water inspectors and Coppers

Dont forget the Health Inspectors and the worst of all the taxman who have quite wide powers of entry, not exactly sure of the details but I think they have to provide notice of intention to enter.

cormorant
27-02-2009, 03:40 PM
Dont forget the Health Inspectors and the worst of all the taxman who have quite wide powers of entry, not exactly sure of the details but I think they have to provide notice of intention to enter.


You can always tell if it the taxman exercising his right to entry.

He'll bend you over and keep his hand on whatever pocket your wallet is in. Deep breath


Good the laws exist as long as they are enforced in a common sense manner. As for the esky on the boat with 3 guys and me towing it home and mates in a seperate ute I would be mighty peeved if I was done for that as we would never go over limits and so on but I see the point.
Would have to get them to attend and explain I guess but it is pretty obvious to most people I know that I couldn't catch that many fish. Can only hope teh judge is a crap fisherman like me and can empathasize.

RJ5023
27-02-2009, 04:29 PM
G'day,

Came across this post while looking for Marine Park info. I'm in Adelaide.

Things are changing.

It might be worth having a look at your Marine Parks Act to be sure about the latest state of play.

regards,
RJ

This is a cut from our new Act:-

34—Powers of authorised officers
(1) An authorised officer may, as may reasonably be required in connection with the administration, operation or enforcement of this Act—
(a) enter any place; or
(b) inspect any place, works, plant or equipment; or
(c) enter and inspect any vessel or vehicle, and for that purpose require a vessel or vehicle to stop, or to be presented for inspection at a place and time specified by the authorised officer; or
(d) give directions with respect to the stopping or movement of a vessel, vehicle, plant, equipment or other thing; or
(e) require a person apparently in charge of a vessel or vehicle to facilitate entry and inspection of the vessel or vehicle; or
(f) seize and retain anything that the authorised officer reasonably suspects has been used in, or may constitute evidence of, a contravention of this Act; or

robersl
27-02-2009, 05:51 PM
This fishing outside a gren zone is an interesting one.....i think 5 meters is pushing the freindship a bit but 20 meters out would be a reasonable thing.


so you are legaly fishing outside a green zone and you get a screaming hook up again all outside a green zone....... So this fish is taking line at teriffic rate......AND... The fish heads into the green zone... You and your boat are still outside............now are you fishing in a green zone;D .

yep you are fishing in a green zone i had that discussion with marine parks at donnybrook as i had a spot just outside the zone and was casting towards the zone he told me my line was not to enter the zone or i coyld be fined

shane