NSW Fish

[wayno60]

If I were to catch Tailor in NSW where their size is only (30cm) and use them for bait in Qld (35cm) does anyone know for sure how fisheries look apon this???

No crap just the answer..

[Axl]

I would expect that if you are in QLD with a 30cm Tailor in your possession you would be liable for a fine.

[Gon Fishun]

You would need twenty seven eight-by-ten colour glossy photographs with circles
and arrows and a paragraph on the back of each one explaining where each
one was caught if they used as evidence against you. Take pictures of the approach,
the getaway, the northwest corner the southwest corner and that's not to
mention the aerial photography.

And a stat dec signed by a JP. :vrolijk_26:

[scottar]

The problem is proving it. If you purchased the fish and could produce a receipt you "might" be ok. No proof apart from your word though and I think you are in trouble

[theoldlegend]

I would agree with Axl here. Regardless of where you caught them and they are legal at that place, you cannot use them in another place where they are not legal.


TOL

[wayno60]

Not that I don't believe you but im making a call Monday...

[Axl]

It is an interesting question though wayno60, I will be watching for the respone you get once you have made the call;).

Here is another thought around the subject, me and a few of the boys have planned an Iluka trip in August and what ever I dont eat whilst down there (if we catch anything;D) will be comming back to QLD in my Engel frozen.

Whilst I will not be using it as bait as your per original question I may still have undersized fish fillets as per QLD reg's:-?.

[Charlie]

You would seem to be guilty of "undersize fish" or "illegal translocating fish interstate" either way it's a problem.

[wayno60]

Charlie, Whats the prob, being able to prove where the fish originated from?

[efc]

I actually thought they changed the size to 35cm at the same time they matched the qld jew size limit

[wayno60]

well last night I looked up the NSW fisheries page and that's what it said...

http://www.dpi.nsw.gov.au/fisheries/recreational/regulations/sw/sw-bag-and-size

check the jew size 70cm

[kingie]

As a boat fisher that regularly works the deeper water off the Gold Coast we have had problems with the NSW Fisheries regarding the sea boarder for enforcement jurisdiction that heads north from Point Danger NSW to up off Frazer Island Qld at the 200NM limit, the 3NM state limit does not apply to fisheries as the States take over the enforcement for recreational fishers from the Commonwealth out to 200NM.

So we purchased NSW fishing licences to enable us to fish the NSW snapper traps set around the 100m depth contour east of Currumbin on the Gold Coast. I then contacted Qld fisheries as to the "In Possession" part of the legislation for fish on the boat caught to NSW size limits and bag limits. I was told if the boat was launched and retrieved in NSW and fished in NSW then there was no problem bringing fish caught under NSW rules back by car as long as they were removed from the boat for transport but if the boat was retrieved in Qld after fishing in NSW waters and QLD size/Bag Limit breaches were found at sea in Qld waters or the boat ramp then the would move to prosecute and I would have to "prove" in court that the fish were caught in NSW and was advised this would be difficult to do.

Fisheries officers have some discretion as to if they feel the law has been broken, Actively using Tailor for bait while in possession of fishing tackle in Qld would make it difficult for you to "prove" they were caught in NSW unless you had an invoice from a NSW supplier as Commercial fishers from any Australian State can offer fish for sale to any other Australian State through commercial channels under the size and quota limits for the state in which they were caught- free trade between states is guaranteed under the constitution and overrides state law - this is why you often see undersize fish offered in fish shops as they are caught in states the have different size limits to Qld.

In your case I suggest Common sense is the best guide - If it looks bad to you then it will look even worse to a Fisheries Officer.

Cheers
KINGIE.

[Lucky_Phill]

As suggested, a comonsense approach by the fisher and fisheries will provide a good outcome.

Having fished in NSW you will have purchased a Fishing Licence and that in itself is good hard evidence.

Even things like fuel , accomodation and food reciepts help.

The issue becomes even more unusual when the tailor are used say 2 months down the track.... but, having the licence etc and a good attitude should see no problems. You must also make sure all your boat details check out including safety gear, in case you get an " over-zealous " F & B officer.

The Qld law does state.... in possession and the onus is on the " offender " to prove their innocence ... a good story won't cut it, but hands on / hard copy items will.

OR you can simply up grade your Tailor size to 35cms in NSW and negate the whole issue in Qld.

Tailor do make great trolling baits for Spanish though :) :)


cheers LP

[wayno60]

Just rang the Department of Agriculture, Fisheries and Forestry (http://www.daff.qld.gov.au/) and she didn't know the answer but did give me the number for Fisheries Patrol on the Gold Coast who I can ring tomorrow...

[wayno60]

Yep up to me to prove myself innocent...and like said before a good story just wont cut it..oh well.

[snapperbasher]

Whatever happened to Innocent until proven Guilty? Isn’tthis in Australia’s constitution?

[snapperbasher]

I see undersized fish all the time in fish shops.....what ifFisheries were to find these fish in possession by someone who had just boughtthem and not kept a receipt?
I’m sure common sense would prevail....but then again it doesn’tseem to anywhere else?

[wayno60]

Under size fish in Qld fish shops is ok as long as there's a paper trail that leads to them being caught in other states..

[snapperbasher]

Yeah but what if you buy them...dont keep the receipt thenare found in possession of them later?

[Far side]

the definition is "in possession"

If it is undersize then technically they can fine you



Its a crap law

[Jeremy]

Big difference between 'could' fine you and actually catching you. I think I have been checked once in 20 years of fishing in Qld - that is about 300 hours per year. Chance of being caught is somewhere between buckleys and nil, so don't sweat it.

[Lancair]

Big difference between 'could' fine you and actually catching you. I think I have been checked once in 20 years of fishing in Qld - that is about 300 hours per year. Chance of being caught is somewhere between buckleys and nil, so don't sweat it.

So if I apply that same rationale, because I've only been stopped for RBT only a handful of times in 20+yrs of driving, driving home having had one beer too many is OK ? WTF!

Stick to the rules, cover your ass where you can with receipts etc. and have fun.