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Thread: Check your gear or you could net a fine

  1. #16

    Re: Check your gear or you could net a fine

    You've gotta be kidding me! If they have a reason to believe something illegal may be going on then they should have MORE powers to follow it up immediately. If they have reason to believe I am breaking the law, they are welcome to search anytime, I'll even make them coffee! They have a hard enough job as it is without civil libertarian bullshot, MAYBE you've something to hide.

  2. #17

    Re: Check your gear or you could net a fine

    Quote Originally Posted by no chicken tonight View Post
    MAYBE you've something to hide.


    We will all respond to that if and only if you set the example. How about for good faith you table your last five years of tax returns on this forum for us all to judge?

    No? Don't like that idea? Got something to hide? Too much of an infringement of personal liberties?

    Game, set and match, old pal.

    .

  3. #18

    Re: Check your gear or you could net a fine

    I would like to know how the person was charged for using a prohibited net when they were in his car and at his house.
    Possession yes but not for using them.
    I would also like to know when the laws were changed as it was never illegal to own a net.
    You can still buy or sell gill nets as they are not illegal.
    They only became illegal if you were caught either using one or you were caught with one in possession on or adjacent to a waterway.
    As mentioned above,this opens up a whole new can of worms when it comes to net possession at home.
    You may have your legal 4 crab pots,4 yabby pots,4 shrimp pots ect at home and probably some spares ready to go for when needed and now you are breaking the law and could possibly end up with a huge fine if someone decides to get narky against you.
    Remember the law states 4 pots/traps in possession at any time.
    Now if this person had his car parked adjacent to a waterway I can understand fully what happened to get the possession fines but if he was seen well away from the water with a net in his car I would be looking very hard into the actual law.
    I would also fight the fines for using them unless he admitted he did use them.

  4. #19

    Re: Check your gear or you could net a fine

    Without ALL the facts, we won't know if the fines were fair or not. We should trust that our b&fp officers know how to do their jobs. But if you want to speculate, how do we know he didn't cop these relatively small fines, knowing that if they kept digging they would uncover a much more substantial illegal fishing activity.

  5. #20

    Re: Check your gear or you could net a fine

    Who's to say the the guy didn't admit on the spot, hence the reasonably small fine?
    No one said his home was "invaded"..... did they?
    If the dude had obviously been using or admitted to using an illegal net, then isn't that reason enough to search his home?

    And Charleville, you are most welcome to check my tax return.....
    Why is it so hard to believe that some people obey the law...... although I did get a speeding fine once.... well my car did.
    There are only two moments in time.... There's now, and there's too late.

  6. #21

    Re: Check your gear or you could net a fine

    hi sambo
    mate we can all shove our head in large paper bag hypervantilate for ten minutes then get on a computure and rant absaloute dribble like you but
    me id rather stick to the facts
    mate im not an officer by i know plenty thanks for putting your freinds in for having nets with no liscence but hey thats nothing worry about mate they were left to them that argument stands up real well in court
    tell them not to drive around on fraser moreton bribie straddy maclay islands with ma and pa old nets in the back for old time sakes cause this is illegal.FACT!
    cant have a commercial size net without liscence. FACT!
    cant have a gun without liscence even with the barrel blocked bolt missing FACT! (from grandpa jo in the world war)
    no one gets fined for just dying FACT!
    why did you get rid of your nets when you did your liscence? (see line above that liscence thingy)
    the bloke had commecial size nets. he gets caught and you guys have a problem with that thats funny........... hey sambo was he one of your mates because that one off the list if it was.( and i won't tell anyone ma and pa's the word)

    aussie
    you can buy nets you just cant have them in your possesion without a liscence.
    thats right they can sell them to you, you walk out the door and you can be fined in the car park unless you have a liscence read the rules and regs about what nets rec fisherman can use.

    pieces of net holding down a load of crap in the back of the ute dose not attract the attention of officers. its a small piece that yes sow a hundred together now becomes a net.
    never seen officer stroll onto center court at the australian open half way through a tennis match a pull out the book because they saw commercial gauge netting on the tv.
    come on guys they were doing their job well done to the fisheries should be the overwhelming response from rec fisherman and women protecting the fish from illegal acts. (nets in possesion no liscence )FACT!

  7. #22

    Re: Check your gear or you could net a fine

    totally agree kock81. some people seem to be missing the point here. IT IS COMMERCIAL FISHING GEAR. IT IS NOT SUBJECT TO THE SAME RULES AS RECREATIONAL FISHING GEAR.

    This is from DAFF's website re. crabbing gear:

    In tidal waters, when fishing for blue swimmer crabs, mud crabs and spanner crabs, no more than four crab pots or dillies (or a combination of pots and dillies) may be used per person. Also a person must not possess more than four crab apparatus per person, on a boat on the water.
    note that it says "on a boat on the water".

    the rules are different for commercial gear. it is illegal to possess it without also possessing a commercial licence. it's not rocket science.
    i would also add that whilst it may be technically illegal to possess a trawl net without a licence i would find it hard to believe that you would be fined for having one if you did not also have a trawler with which to tow it.
    the bottom line is that it is highly unlikely that fisheries will be bothering you unless you give them a good reason to do so and by the time they are knocking on your door you can bet it is too late already.
    fishing's as simple as 3 P's - patience, perserverance and PLASTIC!

  8. #23
    I think people should be congratulating the fisheries department for catching a person who is clearly breaking the law....

  9. #24

    Re: Check your gear or you could net a fine

    Quote Originally Posted by kind_cir View Post
    So the cops pull over a tradie in a ute and fine him for a unsecured load cause that esky may just fly out the back. So he gets a old trawler net and rigs it up to the back of his ute to secure his load. Fisheries pulls him up and cause he has no commercial licence they fine him for having a commercial net.

    A bloke can't win.
    a bit extreme an example kind cir.

    one twentieth of a trawl net would cover the back of a ute. anybody using a whole net over the back of a ute will need 3/4 of the tray for the net itself...

    also a trawl net is not a complete net without chains and cables attached - highly unlikely anyone would want to drag that around with them.
    fishing's as simple as 3 P's - patience, perserverance and PLASTIC!

  10. #25

    Re: Check your gear or you could net a fine

    I may need to restate my position for clarity.

    If the guy is guilty then I am happy for the book to be thrown at him. Also happy for his vehicles and boat to be crunched. Guilt is guilt.

    My concern is about access being available for fisheries inspectors or any other sort of government officialdom to access my home to check my fridge or shed or whatever just because they want to. I am the most law abiding person on Ausfish but I have experienced enough of human nature and had enough association with cops (through family, lifelong friends and lengthy PCYC affiliation etc) close enough to know that power corrupts everyone to some extent and sometimes to a big extent if checks and balances are not in place to stop the escalation of such. If anyone thinks that there are not mug lairs amongst the police who sometimes spoil for a fight or a verbaling or funny business of some kind or other misuse of power, you ought to at least start reading newspapers every now and then. Gee whizz! I once worked with a bloke who had committee type role at his local Salvation Army church and even he told me that they have three people count whats in the collection plate each Sunday at his church because of trust issues. Gee whizz!


    To me, the police and fisheries inspectors are my friends. However, a guaranteed right of a fisheries officer or a cop to enter and search my home at will is one bridge too far.

    I reiterate that I have no problem with the guy being lumbered for his crime but that is not the issue that concerns me. It is the righteous sovereignty to one's own home.


    .

  11. #26

    Re: Check your gear or you could net a fine

    Quote Originally Posted by pipifin View Post

    And Charleville, you are most welcome to check my tax return.....

    No thanks. It is probably as boring as mine!


  12. #27

    Re: Check your gear or you could net a fine

    Quote Originally Posted by cobiaman View Post
    I think people should be congratulating the fisheries department for catching a person who is clearly breaking the law....
    I agree Cobiaman, but where is the name and shame? or is that not allowed?
    Living the dream, Barry

  13. #28

    Re: Check your gear or you could net a fine

    Kock if you want to pigeon hole everybody and say they illegally use nets just because they own them that's your problem,yes the facts you stated are true I didn't say they were't but in saying that it doesn't make some laws right either it only takes an about face and that law can be changed like many have in the past because it's a bullshit law and that's a fact as far as hyperventilating and dribbling read what I said carefully no dribble just facts kock.
    Suits me fine if a guys been prosecuted for doing the wrong thing using a commercial net for me I don't like netting in general so I chose to hand mine in and threw my nets away but hey I must be dribbling again because no one can have an opinion other than you right.
    Randall

  14. #29

    Re: Check your gear or you could net a fine

    Betcha he was using the nets and someone called fisheries. Would not be surprised if it were not actually a random patrol.


  15. #30

    Re: Check your gear or you could net a fine

    hi sambo
    FACT if they own nets use them or not its illegal with out a liscence you know a well as anyone they cant have them as a momento.
    fishermen and women who have nets that i know use them legally all legal because they are liscenced . LISCENCED.
    now i know this may come as a shock but somtimes people bend the rules a little ever done 65 in a 60 zone. the scenerio
    hey macca still got that old net your grandad left you? me and the boys are gunna get on the soup for 2 nights up this creek crabbing and was wondering can we use your old gill net this is the temptation if the net is still around. I know this is unbelivable
    now am i clever not however upon reading your post i thought i would piont out the difference of dribble and fact and i checked carefully "but fine them cause ma and pa died"
    THAT MY OLD MATE IS THE PUREIST FORM OF HYPERVENTILATING DRIBBLE IVE SEEN LEAVING JULIA AND THE CARBON TAX ALONE FOR ONE MOMENT
    now onto your other piont since we are in a relationship via the net you can have an opinion but if you put in public it must be water tight or be held to account,
    if my opion was all there was it would be called KOCKFISH hey wait a minute that has a ring to it.
    just because its law does not make it right agreed but nets screw the nets the quicker they disappear the better.

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