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Here you go, mate. Just scroll down.
http://www.gbrmpa.gov.au/corp_site/m...d_fishing_gear
Talking to a officer of the DPI fisheries at the DPI stand at the Tin Can Bay seafood festival yesterday about driving thru a green zone with fishing gear on board.
He said that in my tinny, rods in rod holders could be a breach. Rods must be stowed. For example in the overhead rod racks or rocket launchers or laying down in the pockets or on the seats .
I asked about the sounder and he said no. The sounder is also a navigational aid and is therefore is OK.
The reason I asked about the sounder is that this months Fishing Monthly indicates otherwise.
Once again, same questions, different answers.A lot more clarification on this green.yellow zone laws is required.
The answers given by the fisheries officer were quite practical and appeared to be easy to comply with. I just hope he is the one enforcing the laws in my area.
Regards Chappy
Here you go, mate. Just scroll down.
http://www.gbrmpa.gov.au/corp_site/m...d_fishing_gear
The below information refers to the GBRMPA Zoning only.
What happens if I unknowingly drift into a GREEN Zone while fishing?
Fishing, unknowingly or not, is not allowed within a Marine National Park (Green) Zone. Fishing or collecting in a Green Zone may only occur if written permission is obtained from the Great Barrier Reef Marine Park Authority.
Now, for the defination of ' fishing ' by the legislation...>
9 Subsection 3(1) 23
Insert: 24
fishing means any of the following: 25
(a) searching for, or taking, fish; 26
(b) attempting to search for, or take, fish; 27
(c) engaging in any other activities that can reasonably be 28
expected to result in the locating of, or taking of, fish; 29
(d) placing, searching for or recovering fish aggregating devices 30
or associated electronic equipment such as radio beacons; 31
(e) any operations at sea directly in support of, or in preparation 32
for, any activity described in this definition; 33
(f) aircraft use relating to any activity described in this definition 1
except flights in emergencies involving the health or safety of 2
crew members or the safety of a launch, vessel or floating 3
craft of any description.
The way I read it, and this IS the way it is.
If you are in a boat, you have a sounder on or fishing tackle in that boat and you are inside the boundries of a Green Zone,
YOU ARE CONSIDERED TO BE FISHING IN A GREEN ZONE AND ARE GONE !!!!!!!!!!!
Sorry, but it is that simple.
Phill
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Last edited by Lucky_Phill; 28-09-2008 at 07:21 AM.
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Phil when it comes to GBRMPA ...nothing is ever simple...Originally Posted by Lucky_Phill
And with this situation the stated rules are ridiculous...
ie "searching for fish" or "attempting to locate fish" is illegal ...but what if the fish go off the bite where I often fish so I decide to head over to a nearby green zoned sand cay to go for a snorkel and check out the coral and fishies....am I therefore in breach ,particularly as I have both fishing gear and fish onboard and am in reality "searching for fish"???
The interpretation as I understand it is you are not really breaking the law unless you have lines in the water....but if it can be proven you are "searching for fish" (how could this be proven anyway???) then you are gone..
Scott
There is nothing you can do to protect yourself against the green zone laws, if they do not like your hair style your done (you will not be the first nor the last), just stay out of them and have a video camera or voice recorder on, I will now only cut the edges if that saves me a couple of dollars but I will make sure no other boat is within cooee first.
In keeping with the regulation I cannot think of a any situation within society where I cannot say "I am a rec-fisherman, I didn't see anything" the legislation is entirely societally disenfranchising at the most extremist level.
Is there a wider and historical definition of living under laws like these??
cheers fnq
Sorry disorderly, but the legislation is quite clear.
Technically speaking and this is very real, if you are in a boat say with a glass bottom bucket , a piece of string and one hook...... and inside a green zone....... you are gone........ the legislation is clear.
Mate, even having a pair of binoculars in the boat is considered " attempting to search ".
This legislation is unbeleivably un-Australian and simply wrong, but it is there.
I will however say that discretionary powers are there.... better get the law onside.....
They do not have to prove you were breaking the law, you have to prove your innocence !!!!!!!!!!!!!!!!!!! unfortunatelty.
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Last edited by Lucky_Phill; 28-09-2008 at 09:57 AM.
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How about travelling back through a green zone from further offshore fishing grounds?
Some instances in the GBR have it that ports are effectively blocked for access unless you physically cross the green zone to go fishing.
Are you no longer permitted to use that port to go fishing?
Jack.
You are permittted to use the port, just not break the rules as stated above.
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Phil
we understand what you are saying and sometimes the gbrmpa contradict themselves in different paragraphs in their own publications
As with any fisheries prosecution they fight a losing battle having no funds to win court cases so there is no way they would waste money on chasing an amateur fisher with his sounder on in a green zone
we have had the greens here for a while and having been stopped by the fishoes for a chat mostly they have never even once mentioned my sounder in full view of them
any convictions are rare and only in cases showing excessive disregard for the laws but getting back to the interpretation of the law and maybe we must be lucky in CQ because our fisheries officers interpret them the same as written BobbyJ's link
http://www.gbrmpa.gov.au/corp_site/m...d_fishing_gear
Can I travel through a GREEN Zone with fish onboard? Travelling through a Marine National Park (Green) Zone with fish onboard is allowed, provided the fish were caught outside the Green Zone. Anyone (with the exception of unattached dories*) can enter a Marine National Park (Green) Zone and participate in activities such as swimming, snorkelling and sailing. Fishing gear such as rods with attached hooks, must be stowed inboard the boat or in rod holders. All fishing apparatus must be out of the water.
* Dories are vessels used in association with a primary (mother) commercial fishing vessel that is either licensed, permitted or used to fish on a commercial basis under a Commonwealth, State or Territory law. Dories must be attached to a primary vessel at all times while in a Marine National Park (Green) Zone.
How must my fishing gear be stowed or secured to travel through a GREEN Zone?
You can travel through a Marine National Park (Green) Zone with fishing gear on board provided that all fishing lines are stowed or secured; that is, any line or hand-held rod is inboard the boat or in rod holders. While a hook can still be attached to a line, no part of any fishing gear may be in the water.
If a commercial trawl fishing vessel is navigating through a zone where trawling is prohibited, any equipment that is used for fishing must be stowed or secured in accordance with the Great Barrier Reef Marine Park Regulations.
if you are worried that you have a little hitler in your fisheries then copy the rules and keep them with you
Cheers
SL
IFISHCQ2
Thank you one and all for your valuable comments and advice. All I can say is thank the lord I do not have to pass thru a green zone in Tin Can Bay to fish my regular spots. It appears you are at the wim or interpretation of the individual inspector.
One again Queensland legislation is hastily prepared, grossly contradictory, and not capable of doing what it was designed to do.
The one thing I have noticed about the off the plane areas is that it has substancially reduced the crabbing . Places like Karrie creek take to long to get there or you go most of the way by road.
Thanks Chappy.
TimiBoy's rule:
"You can fish wherever you like if your radar is switched on"
Not that I do, as I have way too much respect for the Law, but you can bet it will happen more and more.
The GBRMPA will have to get some submarines for surveillance. Then people will start installing long range sonar, or MAD's. Or torpedo tubes...
Cheers,
Tim
Carbon Really Ain't Pollution.
ifishcq1.... there is a big difference between the GBRMPA Green Zones and the MBMP.
I know,, I know.... far far too many rules. You'd think they are trying to confuse us !!!!!!!!!! I think they may have succeeded.
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You're right Phill
thanks for setting me in the right direction
I think they do it so when they make a mistake they can dredge up a a paragraph hidden somewhere in the wrong section that says they are right again
and if we are kept in confusion we'll spend more time looking up rules than using reels
cheers
SL
IFISHCQ2
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