Crab pot limit

[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