Crab Pots: no name or appear abandoned DPI View

[thesimmos]

Hi all,

Just some clarfication on a post I made earlier regarding being able to remove un-named or crab pots that appear abandoned.

DPI response below:

You are correct in saying that crab pots/dillys etc are required to display the owners name and address. #Fisheries Inspectors are able to hand out Infringement Notices (On the Spot Fines) to persons caught not marking their crab pots in the required way. #The penalty for this offence is $150.

However, members of the public are not permitted to unlawfully interfere with fishing apparatus (Commercial or Recreational). #This means that unless you were responsible for setting the crab pot/dilly etc, you are not permitted to touch, move, remove or interfere with that apparatus in any way. #This includes the remaoval of fisheries resources from the apparatus. #This still applies if it is apparent that the apparauts has been in the water for some time and appears to be 'abandoned'. #A person caught unlawfully interfering with fishing apparatus (be that commercial or recreational fishing apparatus) can and more than likely would be issued with a Fisheries Infringement Notice. #The penalty for this is $225.

Only Authorised Officers, namely Fisheries Inspectors, appointed under the Fisheries Act 1994 are legally permitted to inspect fishing apparatus, and subsequently remove the apparatus from the water if an offence has been detected.

[choppa]

Crab Pot Thieves Court Prosecution


The Department of Primary Industries and Fisheries and the Queensland Police Service has warned that people caught stealing crab pots will be prosecuted after a spate of incidents in the Hervey Bay area.

Hervey Bay-based Queensland Boating and Fisheries Patrol (QBFP) district officer Carl Shurey said anyone caught interfering with or stealing crab pots faced a hefty fine and possible prosecution

“There have been a series of thefts of crab pots as well as people removing crabs from pots,” he said.

“These are all offences under the Fisheries Act 1994 and anyone found breaking the regulations will be dealt with accordingly.”

Officer-in-charge of the Hervey Bay Water Police Sergeant Greg Dixon said stealing crab pots is an offence under the Criminal Code.

“Anyone found stealing pots will be brought before the courts,” he said.

Mr Shurey said people needed to be aware of all the current crabbing regulations including crab pot rules as well as the size and take and possession limits.“There is a take and possession limit of 10 male mud crabs and a minimum size limit of 15cm,” he said.

“People are also only allowed to use four crab pots. They need to be clearly marked with the owner’s name and address and, if using a float, must also have the owner’s name on it.”

Mr Shurey said fisheries regulations were aimed at sustaining Queensland’s valuable fisheries resources.

“Rules are in place to protect and conserve mud crab stocks. By following the regulations these valuable fisheries resources will be around for current and future generations of Queenslanders,” he said.

For more information about fisheries rules and regulations, contact the Hervey Bay QBFP office on (07) 4125 3989, call the DPI Call Centre of 13 25 23 or visit the DPI Fishweb site at www.dpi.qld.gov.au/fishweb


Department of Primary Industries Media Unit
GPO Box 46 Brisbane Qld 4001 Ph 07 3239 6380
DPI Call Centre 13 25 23 (weekdays 8 am to 6 pm)


Further information: Carl Shurey (07) 4125 3989
Communications Officer: Carly Wood (07) 3224 7757

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after a call to dpi&f regarding last post,,,,,it is discretionary to the officer to place common judgement upon anyone caught removing an abandoned pot from waterways within queensland,,, if it can be shown by the person/persons that the pot in possession was a hazard to other waterway users and the removal of that pot created a safer enviroment, then the officer can take details of the removal, and dispose of the pot through normal means,,,

water police,,, have the same outlook,, however they in turn can report the incident to the relevant department o log the removal, to ensure that this is a courtesy done by the person/persons,,, and not a habit,,,,

to date,,no offences have been recorded, or actions placed in file against any person/persons doing this action,,

most abandoned pots are deemed unserviceable, and for those that are not, the onus on the person/persons to locate the rightful owner is placed upon them,,

the rightful owners however seem to be hard to locate, as most fitting this description are not marked with the owners details

its easy to understand,,,if your caught with a shed of pots that you cannot give details on where or how they came into your possession,,, your BUSTED,,

but if you have removed a floater from a channel,, and reported it,,,or handed it in,,,and its returned to you after the normal period,,its yours

i couldn't get a definite answer on whether or not any trapped items became yours,,,water police state that it is an offence to """"tamper""",,,,,,,,,,dpi&f state,,,,,,, ""dont do it""

both reluctantly dont know the number of pots that have been surrendered with crabs in em,,,and i doubt they would tell anyway

[S_Bend]

Simmo, thanks for the update on this. Makes you wonder what you are meant to do when abandoned/moved pots and their floats are in the middle of a busy waterway (bar crossing, etc). I suppose the Fisheries would come straight out if we radioed in and told them the GPS co-ordinates and remove it being a shipping hazard and all.....

By the way, mate. Have you got a sister as you are one handsome dude. Have been meaning to write to you for some time now.

Cheers.

[Big_unit]

Here is a link to the other thread about this issue -

http://www.ausfish.com.au/forum/YaBB.cgi?num=1151840667

Ive never been approached by QBFP or Police but it sounds like I would have nothing to worry about as I only remove hazardous pots.

Cheers
James

[Feral]

Lets see,
If their unmarked and you "retrieve them" to get them out of a channel etc you can cop a $225 fine, but if you "fess up" that you forgot to mark em, (even though there not yours) its only a $150 dollar fine? Bit of a no brainer really....

I suggest you just cut the floats off next time you find a set of dillies floating in the channel.

[devocean]

Until you get them stuck in your prop like has happened to me before. >:(

[wayneoro]

its real clear don,t touch other peoples pots regardless of your opinion of it being in correct spot they have made the law clear so that no matter what you can imagine the excuses pot thieves have come up when caught with it was this it was that so i took it if a pot is a nav; prob; call fisheries thats there job i,m 62 and in the burnett river logan river pin bar broadwater i have never seen one