Crab pot limit

[Silent]

Hi all Folks,

I knew there was a rule for crab pots 4 per person also must be over 16 (in my memory)
Recently I had a look up in DPI website for refresh memory, bit surprised there is no mentioned age to allow drop crab pots in salt water.
Anyone please confirm if there is still same rule for age must be over 16 to have 4 crab pots?

Post link would be much appreciated

[Feral]

There is no age limit. If you have your 1 week old baby with you, you can add four pots.

[sandbankmagnet]

Not sure about that Feral. I think that they have to be able to demonstrate that they can operate the trap. But yes, no age limit. I've been asked on the water by a police officer how many pots I had. I had my then 8 year old and said we had 8 pots for the two of us. He was fine with that.

[tunaticer]

I seem to remember that it is 4 per person regardless of age but at least one of those people needs to be 15 or older??? Is that still the case?
I know i got revved out as an 8 yr old for running 4 pots on my own in the pine river some 40 yrs ago. The at least one person being 15 was in force then.

[Lucky_Phill]

Just checked anyway.

Offically.

Note: The age limit for the recreational use of crab apparatus has been removed.

But, still the pots have to have the owners ID details.

Good call feral......

to see for yourselves...


http://www.dpi.qld.gov.au/28_3065.htm


cheers LP

[Silent]

Offically.

Note: The age limit for the recreational use of crab apparatus has been removed.


Any idea when did that happened?

[Lucky_Phill]

October 2010.


LP

[Vitamin Sea]

There is no age limit. If you have your 1 week old baby with you, you can add four pots.

I spoke to a fisheries bloke when this came in, the person has to have the ability to "work" the pot, ie; pull it up etc, the above scenario would not stand up.

CHEERS

VS

[Triple]

I spoke to a fisheries bloke when this came in, the person has to have the ability to "work" the pot, ie; pull it up etc, the above scenario would not stand up.

CHEERS

VS

Yes it would.. The legislation clearly states - Also a person must not possess more than four crab apparatus per person, on a boat on the water. Note: The age limit for the recreational use of crab apparatus has been removed.
A new born baby is classed by law as a "person" It doesn't say anywhere that the person must be able to work it themselves, that is that fisheries officers own opinion and interpretation wouldn't stand up in court with the current wording.

[Lucky_Phill]

Guys,

Fisheries Officers are guided by the ACT. I could not find the age limit in the ACT.

The DPI&F Recreational Fishing Rules and Regulations are a guide and any enforcement or punishment must be done through the ACT.

This subject certainly needs some clarification. Maybe some-one else can have a look at the ACT and see if they can find it.

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/F/FisherA94.pdf


cheers.. LP

[theoldlegend]

October 2010.


LP


Philll,

Would you happen to know the day in October 2010?


TOL

[Lucky_Phill]

Yes, John.......... clue............... it ended in a ' y '. :)



LP

[choppa]

chopjr has had his own floats since god knows when,,,, 3 or 4 yrs of age,,,, we have never had a problem when pulled in via ranger stacey's,,,, even tho the age limit was dropped in 2010,,, i think your right,,, its the inspectors perception of whether or not your doing something wrong,,,, having a newborn on board and having pots n floats with there ID on them,,,, and getting charged,,,,,,, thats one day i would love to sit in the court room and see how it pans out

[fisher28]

the rule says no age limit but when i ring the fisheries to ask questions about this,and fish bags limits and children.you often get differing answers from different people.but the most common answer i get from them is that the child has to be able to handle whotever fish or apparatus is needed to be used.the problem i have with this is that if you are fishing with a handicapped child,they dont seem to have the same rights as a fully capable child.my advice is too ring the fishos a couple of times over about a week and see what answers you get.

[timddo]

You can ring the department of primary industries and they log the call and reply.

Personally my boy goes out with me and he is 7. We bring 8 pots but have never caught the legal amount of mud crabs per person, let alone two

Prawning on the other hand, we usually do well with a bucket each. ( He drives the boat while i cast). He does cast with his own net but doesn't catch much.

[Triple]

the rule says no age limit but when i ring the fisheries to ask questions about this,and fish bags limits and children.you often get differing answers from different people.
That is the problem, it should be black n white not an fisheries officer individual interpretation of the current legislation.
So if they say you have to be able to handle it, how does that apply to some of you old blokes that couldn't lift a pot up if your life depended on it and your deckie does all the work? (discrimination against handicapped, elderly and just the plain weak people ;))
If they say it must be able to be handled by the "person" then does that then apply to all fishing apparatus aswell? If I have 4 rods out with my 3yr old and he needs a hand reeling in that huge whiting ;) am I in breach of the rules? ::)

From the dpi site -
Fishing lines

In tidal waters, up to three fishing lines with up to six hooks in total (in any configuration) are permitted. An artificial fly or lure is deemed to be equal to one hook.
A fishing line does not include the following:


a cross line
a drum line
a free-floating line
a set line.

Fishers should be in attendance at all times when using this equipment.

From the legislation -
fishing apparatus means anything used, or capable of being
used, to take fish, or assist in the taking of fish, and includes,
for example—
(a) a hook, line or rod used, or capable of being used, to
take fish; and
(b) a crab pot, crayfish pot, net, pitch fork, spear gun or trap
used, or capable of being used, to take fish.

[Raesen]

It is pretty clear and Triple is correct. The Law is the Law and Fishery Inspectors can't interpret what they want.

It is in the Fisheries Regulation 2008 Section: 188:-



188 Possessing or using crab apparatus
(1)A recreational fisher—
(a)must not possess or use more than a total of 4 items of crab apparatus in any waters; and[s 188] Fisheries Regulation 2008 Chapter 4 Other fisheries declarations Part 1 Regulated fishing apparatus declarations Reprint 3D revised edition effective 25 November 2011 Page 133


(b)may use crab apparatus only in compliance with—
(i)subsections (2) and (3); and
(ii)subsection (4), if applicable.
(2)The recreational fisher must ensure that—
(a)a tag, on which is written the surname and address of the owner of the crab apparatus, is attached to the apparatus; and
(b)the crab apparatus is attached by a rope to either—
(i)a float complying with subsection (3); or
(ii)a fixed object above the high water mark, including for example, a jetty or tree; and
(c)if the crab apparatus is attached to a fixed object under paragraph (b)(ii)—a tag, on which is written the surname of the owner of the apparatus, is attached to the part of the rope above the high water mark.
(3)For subsection (2)(b)(i), the float must—
(a)be light coloured and clearly visible on the surface of the water; and
(b)be at least 15cm in all its dimensions; and
(c)have written on it the surname of the owner of the crab apparatus to which it is attached.
(4)If the recreational fisher is using a collapsible trap for taking spanner crabs, the collapsible trap must—
(a)be made of rigid material; and
(b)have at least 1 collapsible side.
(5)In this section—
crab apparatus means any of the following items—
(a)a crab pot, collapsible trap or dilly;
(b)a device that is a combination of 2 or more things mentioned in paragraph (a).

Problem solved.
Cheers
Pete

[petelaska]

I usually put 7 pots in at the pine so that when 3 are stolen I am left with 4 as per regulations lol Pete

[Axl]

I usually put 7 pots in at the pine so that when 3 are stolen I am left with 4 as per regulations lol Pete

Good thinking Pete bloody sharefarmers>:(.

[BOMBIE]

October 2010.


LP SSsshhhuusshh,,, I have known about this since then and I (or my now 9 y/old)have not told
anyone !!!! let it go fellas

[GES]

May I suggest that you write a letter to the Queensland Department of Fisheries and, without elaborating on what you've been told by others, simply put this question to them.
They will then be obliged to answer your letter, officially.
The person who answers your letter will be someone with authority who is thouroughly conversant with the Act and Regulations and you can safely do whatever that answering letter states you can.
No Inspector will be able to contradict an official answer to your enquiry.
You should carry a copy of the letter with you when you go out if you are worried about being booked.

GES

[Lucky_Phill]

May I suggest that you write a letter to the Queensland Department of Fisheries and, without elaborating on what you've been told by others, simply put this question to them.
They will then be obliged to answer your letter, officially.
The person who answers your letter will be someone with authority who is thouroughly conversant with the Act and Regulations and you can safely do whatever that answering letter states you can.
No Inspector will be able to contradict an official answer to your enquiry.
You should carry a copy of the letter with you when you go out if you are worried about being booked.

GES


No need, simply go to the website linked above, print out the rules and inparticular the part about age limit. Job done.

BUT, as I said, the ACT is the official barrometer in respect to application of the legislation.

But, getting a letter from a FQ official is always a good idea when confusion reigns :)

LP

[Lucky_Phill]

If anyone wants the definative answer please contact Tony Ham, Recreational Fishing Development Manager with Fisheries Queensland.

Tony.Ham@deedi.qld.gov.au

cheers LP

[fat-buoy]

Yes it would.. The legislation clearly states - Also a person must not possess more than four crab apparatus per person, on a boat on the water. Note: The age limit for the recreational use of crab apparatus has been removed.
A new born baby is classed by law as a "person" It doesn't say anywhere that the person must be able to work it themselves, that is that fisheries officers own opinion and interpretation wouldn't stand up in court with the current wording.

I am with you Triple ... they will say that the person has to be actively participating in the crabbing activity to be counted but that is not written in legislation... the legislation is written the other way to say that each person can have 4 pots... the application of the "policy" that the person must be particpating is simply that .. a policy .. and policy holds no water in court. The courts are dictated by legislation only. Sure there will be case history etc but that is always up for argument in any case.

Not that I am swayed either way but I believe that if you have 4 people on board you can have 16 pots on board. Regardless of age or their ability to participate in the activity.

[kock81]

so if my missus is expecting and 2 mths to go baby is classed as a person by law.
hence law regarding termenation and age of baby becoming a person.
4 more pots for my boat. i will tkae photo to show them what they caught when they were a peson on a boat but not yet born
how good is this.

[Triple]

so if my missus is expecting and 2 mths to go baby is classed as a person by law.
hence law regarding termenation and age of baby becoming a person.
4 more pots for my boat. i will tkae photo to show them what they caught when they were a peson on a boat but not yet born
how good is this.

Now that would be an interesting case in court!

[fat-buoy]

Your missus would be a legend out crabbing at 7 months gone too :)

The Fisheries guy would have to be a tool to try it on hey haha