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View Full Version : Different state, different rules



timddo
05-12-2010, 06:40 AM
What if ibgobfishing in nsw, say the tweed caught my ten legal snaps at 34cm. Would I get fined if I was caught in qld on the way home. I'm sure they can do the state fish DNA test. Nsw 10 snapper and 30cm.

Lucky_Phill
05-12-2010, 07:04 AM
Yes. Qld legislation states quite specifically. " In possession ".

BUT, having said that. The chances of you being inspected on route are 10,000,000 to 1.

An inspection will probably take place at the boat ramp.

Don't forget you still need a licence to fish in NSW.

Snapper DNA testing ????? that won't cut it.

Producing a NSW RLF will help.

Don't worry about it as any Fisheries Officer will make a discretionary call at the time.

I been fishing in Qld for 1,245 years and never heard of any rec angler being " caught on the way home.... / on route ". ;D 8-) 8-) ( not saying it has never been done, only i have not heard of it... )

The powers of Search and Seizure by QF & BPO ( Qld Fisheries & Boating patrol officers ) in regard to vessels and vehicles on public roads ( on route ) etc is very very limited and in fact all but impossible to carry out.




Cheers Phill

Apollo
05-12-2010, 07:16 AM
Phil

You are dead right about in possesion, but people do get checked on route in Qld. It is not common, but if a known problem or breach is occuring, it does happen. I know someone who was checked coming back from the north re barra in possession. He was sweet, but asked about being checked. Apparently they were reports of people catching way in excess of there limit (in possession and heading home with the fillets. The inspection was a targeted response to these reports. Probably similar to the inspection done in caravan parks (HB for one) where there are reports of people breaching the whiting in possession limits.

Steve

finga
05-12-2010, 07:17 AM
Phil, they can check your campsite with coppers so car on the side on the road won't be a problem as it'll probably be the coppers who pull you over.
In possession is the 2 key words.
Would they bother??
Only if they wanted you......you would have had to give them a reason to pull you over or go through your camp/home/car.

Lucky_Phill
05-12-2010, 07:32 AM
Yep. Steve, Scotty.

any person in authority " has to have reason " to pull you over. The Hervey Bay example is a stand out.

The every day rec angler driving from A to B has almost nil chance of being stopped by authorities who have the power " Under fisheries regulation " , to search and seize.

If a rec or pro fisho continually does the wrong thing, they are the ones more likely to be pinged, and that will come from a member of the public concerned enough to alert authorities.

don't worry................ be happy. :)




phill

Dignity
05-12-2010, 11:48 AM
Phil

You are dead right about in possesion, but people do get checked on route in Qld. It is not common, but if a known problem or breach is occuring, it does happen. I know someone who was checked coming back from the north re barra in possession. He was sweet, but asked about being checked. Apparently they were reports of people catching way in excess of there limit (in possession and heading home with the fillets. The inspection was a targeted response to these reports. Probably similar to the inspection done in caravan parks (HB for one) where there are reports of people breaching the whiting in possession limits.

Steve

It is common to stop drivers from NT into QLD for Barra checks, just listen in on the CD Radio when travelling up there and you will often hear talk of this happening.

therapy
09-12-2010, 05:22 AM
A member on here's father got stopped on the way home from Donnybrook about 10 years ago by the police. They searched his tinny and took a couple of crabs they said were undersized ( they weren't) and a couple of fish as well from memory. Really just wanted a feed for themselve's the buggers!! I'm sure it wasn't the first or last time for these blokes.

Cheers....Terry....

Defore
09-12-2010, 09:19 AM
A member on here's father got stopped on the way home from Donnybrook about 10 years ago by the police. They searched his tinny and took a couple of crabs they said were undersized ( they weren't) and a couple of fish as well from memory. Really just wanted a feed for themselve's the buggers!! I'm sure it wasn't the first or last time for these blokes.

Cheers....Terry....

I don't think that would be very common these days. There are too many people carrying cameras and video recorders. Fish photographed on brag mats.
These days I have a pen that is a video recorder, it comes in really handy for those "he said, I said" incidents.
Goes back to a period where I had a clown threatening to sue me for something he did wrong, there were no other witnesses.
All you have to do is present a video and the other party quickly back down ;D

Ian

Navara79
09-12-2010, 10:17 AM
an interesting post, don't forget that "possession" means in the freezer at home as well! I have only heard of these inspections being carried out on serial offenders but something to remember anyway!

finding_time
09-12-2010, 10:17 AM
Well i was chatting to a fisheries officer Tuesday and up until a few weeks ago the ONLY time you would have been checked was between the hrs of 6.am to 6pm monday to friday as they had NO money in the budget for penalty rates for offices overtime. But the new budget is through ( 5 months after the budget period started) and they now have plenty so get ready for a Christmas blitz!! Good thing to i reckon!!

Raesen
09-12-2010, 11:10 AM
"IN POSESSION" very interesting.....

Does that mean if you arrived home and invited 20 friends around for a BBQ and each had a fillet and as it happened fisheries turned up with coppers and they took you to the hospital where exrays confirmed the "internal possession" of the fish..... Then who would be prosecuted ??? You the fisher or each participant in the overfish ??????
;D ;D
Sorry guys for the attempt at humour and in fact this is a most interseting post.

Cheers
Pete

timddo
09-12-2010, 11:20 AM
In processions means fish caught recreational. Fish and prawns brought from the shops are not included.

PinHead
09-12-2010, 01:19 PM
Well i was chatting to a fisheries officer Tuesday and up until a few weeks ago the ONLY time you would have been checked was between the hrs of 6.am to 6pm monday to friday as they had NO money in the budget for penalty rates for offices overtime. But the new budget is through ( 5 months after the budget period started) and they now have plenty so get ready for a Christmas blitz!! Good thing to i reckon!!

the blokes from Mooloolaba must have had more money..I got inspected at 9pm on a friday night at Caloundra.

finding_time
09-12-2010, 08:13 PM
Yeh Pinhead i did say up until a few weeks ago!;) And it was a Mooloolaba based inspector.

Ian

oldboot
10-12-2010, 11:57 PM
No fish that have been consumed are no longer "in possesion".

There are also specific phrases using the words "immediate consumption"

there is also an allowance for 1 fish per angler " being processed for bait"

Ya serioulsy should check this stuff out.

This different states different rules can become interesting. particularly for those fishing down the coast and arround the tweed.

remember NSW is due east of the Goldcoast Seaway......and not very far.

So you could easily fish in NSW waters and leagly take snapper that is under QLD limits....... but ya better eat it before you head back to the ramp in QLD

I recon fishing in the tweed river could be interesting.....precisely what state are you in. and what rules apply

Remember in NSW they will fine you heavily for being in possesion of a cast net.........even if it is dry and in your vehicle.

So you take your cast net down the tweed.....ya can stand on dry QLD land and be completely legal, but how far do you have to wade to be risking a very large fine.

I recon if I was going down the tweed, I be boning up on the rules in bothe states and where the borders actually are.

cheers

Tracker
11-12-2010, 07:41 AM
I believe:o:o you


Yes. Qld legislation states quite specifically. " In possession ".

BUT, having said that. The chances of you being inspected on route are 10,000,000 to 1.

An inspection will probably take place at the boat ramp.

Don't forget you still need a licence to fish in NSW.

Snapper DNA testing ????? that won't cut it.

Producing a NSW RLF will help.

Don't worry about it as any Fisheries Officer will make a discretionary call at the time.

I been fishing in Qld for 1,245 years and never heard of any rec angler being " caught on the way home.... / on route ". ;D 8-) 8-) ( not saying it has never been done, only i have not heard of it... )

The powers of Search and Seizure by QF & BPO ( Qld Fisheries & Boating patrol officers ) in regard to vessels and vehicles on public roads ( on route ) etc is very very limited and in fact all but impossible to carry out.




Cheers Phill

theangryangler
14-12-2010, 03:41 PM
Not sure about qld but in NSW I have personally witnessed fisheries pulling over every car and searching it (with police on scene 4 DH's) then followed my mate who i was fishing with home and searched his house, garage and freezer as he had a commercial prawn license. And I think qdpi will do the same thing up here........