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Author Topic: Green light on fishing for bass during closed season?  (Read 51642 times)

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Green light on fishing for bass during closed season?
« on: June 05, 2011, 10:32:07 AM »
At a meeting between fish restocking groups & Qld Fisheries on 4 June at Fernvale, attendees were told that the interpretation was that the fishing for bass during the closed season is permitted, but "taking" bass is not.

This being the case, it's a green light for those who practice catch & release to fish for bass year round in Qld waters.

I would think that morals should come into the play. There is a vast difference between bass that are genuinely wild fish eg Noosa Vs stocked fish eg Brisbane, Nerang, Pine Rivers.

What do you think?

Fitzy..



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Re: Green light on fishing for bass during closed season
« Reply #1 on: June 05, 2011, 01:13:05 PM »
Gary
 Did they put it in writing because this seems to be the opposite to the attached ruling that I obtained previously in 2009.
 For this to be legal I would believe that the wording of the act would have to be changed and specifically name the exempted waters.
Reynolds creek, Lake Kurwongbah and above caboolture weir also come to mind.
off the top of my head and I am certain that there are other waters.
 Cheers
Ray
 

 



 


--------------------------------------------------------------------------------

From: Ramage, Anita
Sent: Tuesday, 1 September 2009 9:07 AM
To: raymond kennedy
Cc: Roy, Darren
Subject: RE: Definition of word take closed season aust bass.
 

Hi Ray

 

This is the definition of “take” as stated in the Fisheries Act 1994

 

take fisheries resources includes—

(a) catch, gather, kill or obtain from water or land; and

(b) attempt to catch, gather, kill or obtain from water or

land; and

(c) land (from a boat or in another way), bring ashore or

tranship.
 

You will notice that attempting to catch fish is included in the definition of take and therefore my understanding is that if someone is attempting to take a species of fish during a closed season they would be in breech of the regulation.

 

Cheers

Anita

<><  <><  <><  <><  <><  <><  <><  <><  <><  <><
Anita Ramage
Senior Fisheries Management Officer
Fisheries Harvest Management
Queensland Primary Industries and Fisheries
Department of Education, Economic Development and Innovation (DEEDI)
Phone 07 3247 5009 Facsimile 07 3229 8146
Email anita.ramage@deedi.qld.gov.au
Website www.dpi.qld.gov.au Call Centre 13 25 23
Queensland celebrates its 150th anniversary in 2009. Check out what's on today at www.q150.qld.gov.au

 

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Re: Green light on fishing for bass during closed season
« Reply #2 on: June 05, 2011, 01:38:06 PM »
G'Day Ray, Not put in writting, as it states it in the Fisheries Act as "taking" is restricted with no mention of "targeting". The act was put on the screen for all attending to clearly see.



The quote from Anita is from Fisheries Act 1994, section 4 (Schedule / Dictionary)  pages 123 and refers to take.
It was explained that with C&R fishing there is no intent to take so the section quoted is an interpretation of the wording of "take" for "not take" which are different IMHO.

Australian runs by letter of the law, not intepretation of the law apparently.

Interesting reading...

Cheers,

fitz..

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Re: Green light on fishing for bass during closed season
« Reply #3 on: June 05, 2011, 02:20:35 PM »
I'll be keeping a close eye on this thread I think. I wonder what would happen if they ran into you in the sections of water that we usually avoid this time of year ?
Who's going to go first ?

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Re: Green light on fishing for bass during closed season
« Reply #4 on: June 05, 2011, 02:26:41 PM »
I tried to get a clarification of the act in writing  because if you rang up depending who answered the phone you would get an different answer and there was a guide down the coast who stated he was ok because he was catching and releasing in CIW and the nerang and he ended up getting pinged.
The wording of the act re barra is quite precise  but the lawyers could make a fortune re bass legisation.
Lets hope that they do promulagate it in writing so that everyone is clear particually their own enforcement section and the water police.
 Cheers
Ray

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Re: Green light on fishing for bass during closed season
« Reply #5 on: June 05, 2011, 05:07:05 PM »
To be honest I don't think it matters what the wording means because I don't like targeting spawning bass. I have caught them while fishing for bream but wont intentionally cahse them. If I want to chase bass in winter I simply used to fish for them in the same areas I do in summer. Not as easy but they are certainly catchable(Not all bass spawn every year).

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Re: Green light on fishing for bass during closed season
« Reply #6 on: June 05, 2011, 05:43:14 PM »
Look out Brissy river here we come

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Re: Green light on fishing for bass during closed season
« Reply #7 on: June 05, 2011, 05:54:53 PM »
To be honest I don't think it matters what the wording means because I don't like targeting spawning bass. I have caught them while fishing for bream but wont intentionally cahse them. If I want to chase bass in winter I simply used to fish for them in the same areas I do in summer. Not as easy but they are certainly catchable(Not all bass spawn every year).

Very good point Brett. Bass don't spawn way up woop woop in the sweetwater, its done in the rust water. I recon it comes down to the individual to be at peace with their own conscience...Fishing for spawning bass in a wild river (that is unstocked & unregulated system) is poor form. The other end is those bass that are stocked and from a regulated waterway. If the fish are stocked it is widely hoped that these fish will not be able to join any breeding population due to narrow genetic variability. Actually, stocked bass that go AWOL "should" be taken before they get to the rust water.


Here's a copy & paste from Qld Fisheries Website just to muddy the waters...
Quote
To fish or not to fish?You can’t fish for Australian bass from 1 June to 31 August, but you can fish for other species that don’t have a closed season at that time.
Acording to that you can't fish for bass anywhere at all.


Interesting....hhhhmmmmm

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Re: Green light on fishing for bass during closed season
« Reply #8 on: June 05, 2011, 06:11:54 PM »
Realistically I doubt fisheries could ever prosecute anyone chasing bass on a river in closed season unless the fisher was caught with a bass in posession. If you are fishing for bass on a river in closed season you could "really" be targeting any number of fish with too many to list.
I would think that anyone who wants to practice C&R on bass in closed season can do so regardless of what the law reads because it's simply impossible to prove or disprove bass were the target without a fish in possesion.

I agree with Fitz that the morals should be the deciding factor. As an example I can't see any big deal with chasing bass well above the Mount Crosby weir. But somewhere like Noosa is a whole different ball game. It's pretty hard to have a bunch of different rules for different locations.

Interesting topic

Brad

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Re: Green light on fishing for bass during closed season
« Reply #9 on: June 05, 2011, 06:47:06 PM »
Interesting thoughts Fitz. poor future reproductive performance due to dodgy genetics could certainly be a problem. I guess the question then is, how many actual wild bass are still around  that could be tarnished with these problems ?
Time will tell I guess. Is a scary thought though.

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Re: Green light on fishing for bass during closed season
« Reply #10 on: June 05, 2011, 06:54:33 PM »
The advice was not from a fisheries enforcement officer, personally I believe it is wrong.

I also reckon the Fisheries Enforcement Officer who caught you sitting on top of a school of bass pulling them in one after another would just about spit his teeth laughing if you told him the reason you were breaching a law was because you had a verbal interpretation of the rules from someone in the Department who was not an enforcement officer.

I believe it was just a discussion amongst a group of fisho's and a personal opinion from the gentlemen concerned. (not the opinion of the Department) , very few people are empowered to make public statement on behalf of any government department. (Which I dont think he was intending to do, as said, just his opinion)

Please no one go spouting this as gospel, or stating they have a statement from someone in authority, or god forbid mention his name - you'll only get the poor buggers but kicked. (Whether he is right or wrong, and he is a good bloke who helps us out a lot).

Extract from the current guide, similar to the attachment  Fitzy found on the web site, attached.

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Re: Green light on fishing for bass during closed season
« Reply #11 on: June 05, 2011, 07:11:05 PM »
Fitzy, This is a very bold suggestion if not statement.. I will keep my 2 cents out of this but a really good long hard think about this needs to take place.

Steve

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Re: Green light on fishing for bass during closed season
« Reply #12 on: June 05, 2011, 07:13:08 PM »
Keep it black and white, no grey areas.
That way, someone isnt going to have an argument over how they interpret the law, and the fishing improves with a spell as well
There are plenty of lakes with Bass in them.
Nothing wrong with going out on the bay for some Snapper at this time of year either :youbeauty

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Re: Green light on fishing for bass during closed season
« Reply #13 on: June 05, 2011, 07:15:19 PM »
Fitzy, This is a very bold suggestion if not statement.. I will keep my 2 cents out of this but a really good long hard think about this needs to take place.

Steve

Specifically in regard to what Steve? Why hold back on offering your thoughts??? Your thoughts are what I'm chasing.....

fitz..

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Re: Green light on fishing for bass during closed season
« Reply #14 on: June 05, 2011, 07:25:36 PM »
Keep it black and white, no grey areas.


That's is the problem in this case paul, too much grey, or rather a lack of black and white. There should be no room for interpretation, however that is exactly what is happening. Hence I raised the topic here to highlight it.

The minister's office pulls together a TAG group for specific purposes. Some may offer good or bad advice, some have their own agendas to push, some may or may not look here. If they do, then they would see that attention is needed in regard to what is trying to be achieved to a closed seasn to the wording involved to express that intent.
A full review of the Act is immenent, this is the time to get a general consensus among recreational anglers. Even though I might play devils advocate to draw both sides or extremes of a point out, it is required to get the full story. Sitting in a like minded circle patting each other on the back will achive no change. When we can clearly see that change IS needed.
I will certainly be making written submission for change within the review, discussions like this help me to get an understanding of what people are looking for.

Cheers,

Fitz..

 

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