Crab traps and yabbie traps minimum age requirements for children.

[Harmytage]

Hi All
I am taking my son , aged 7 , camping to Sommerset dam on the weekend . And as he loves crabbing and fishing we are going to try and catch some redclaw. Well thats the plan anyway depending on the weather.

Now my question is this, the regulations state that its 4 pots/ traps per person so can we take 8 traps in total ? 4 for myself and 4 for my son or is there a minimum age requirement before he can be counted as the owner of the other traps? i couldnt find anything on DPI

Obviously the more traps we have the better chance we have of actually catching something so i am keen to maximise the number of traps but at the same time I dont want to break the rules and cop a fine.

I am also wondering if this would apply to crab pots as well , currently we only use four pots but it would be great to increase this to 8 when my son comes out with me.

Cheers and thanks .

Hunter

[Aussie123]

There is no age limit but the child must be able to pull the trap themselves to be legal.
There will never be a problem with a 7 year old having their 4 legal yabby or crab traps.

[ric]

There is no age limit but the child must be able to pull the trap themselves to be legal.
There will never be a problem with a 7 year old having their 4 legal yabby or crab traps.

Where does it say that?
Age restrictions have been removed but there is no info about someone deciding if you have the ability to pull a crab pot.
https://www.daf.qld.gov.au/fisheries/recreational/rules-regulations/crabs-and-lobsters

[Watto79]

I don't believe the person needs to have the ability to pull the traps either, it is not mentioned in the regs..

The age limit was removed and the rules are 4 apparatus per individual?

[Moonlighter]

Where does it say that?
Age restrictions have been removed but there is no info about someone deciding if you have the ability to pull a crab pot.
https://www.daf.qld.gov.au/fisheries/recreational/rules-regulations/crabs-and-lobsters

Fisheries have previously advised that, in practice, they would need to be satisfied that the JR angler would be capable of operating the fishing aparatus involved......

..... so some smarty bums dont try to claim that their baby is a “person” for the purposes of the regulations, and thus try to circumvent the intent of the legislation.

At such times the law will be interpreted in a sensible and practical way and the Fisheries officers and the courts will refer to the Acts Interpretation Act 1954 to assist in that.

Eg section 14B(b) which says:
“if the ordinary meaning of the provision leads to a result that is manifestly absurd or is unreasonable—to provide an interpretation that avoids such a result;”

You can bet your arse that when the regs were changed to remove the age limits, Fisheries got Crown Law advice about how to apply it, and their advice would be in line with what fisheries tell people when they ask about this issue.

aussie123’s reply is correct.

[Watto79]

I don't know how that would stand up in court though?

Where did Fisheries previously advise that Moonlighter??

Doesn't make sense why wouldn't they have worded the law that was :person must be physically capable of operating the apparatus themselves etc"?

[Moonlighter]

I don't know how that would stand up in court though?

Where did Fisheries previously advise that Moonlighter??

Doesn't make sense why wouldn't they have worded the law that was :person must be physically capable of operating the apparatus themselves etc"?

That is why the Acts Interpretation Act exists. So every possible little nuance doesnt need to be covered and spelt out in each and every Act.

Ring them yourself if you dont believe me.

[Watto79]

Just curious as I was heading home from crabbing with my 3 year old daughter, checked by fisheries and nothing was mentioned to me by either officer about the 8 pots on the floor of my tinny..

Dropped them out earlier that day with my sister and her but only her and I returned to pick them up..

Never said I didn't believe you but I think it would be a topic for debate if you were pulled up by fisheries and had 4 pots for say a young child that was borderline unable to pull them etc..

They could have or should have just amended the 15 years age limit to a younger age if that were the case..

[bugsytwoshoes]

Thank you for that post Harmytage. I am in exactly the same boat so as to speak, I am taking my grandsons away redclawing soon and I was wondering about those rules.