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Author Topic: Green light on fishing for bass during closed season?  (Read 30189 times)

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Re: Green light on fishing for bass during closed season?
« Reply #75 on: June 10, 2011, 09:45:06 AM »
The ruling that I saw posted by Anita is correct and you cannot take or attempt to take bass during the closed season.

Tony, the sticking point is really around what "attempt to take" means. At the meeting it was suggested that catching and releasing the fish did not constitute the above.

What say you new and improved guru?

Norm

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Re: Green light on fishing for bass during closed season?
« Reply #76 on: June 28, 2011, 11:40:45 AM »
I have just been speaking to Tony Ham re this subject after emailing Deedi re this issue. He has also sent me a reply in writing that is is nor legal to target bass during closed even if it is only for catch and release purposes.He has given me permission to publish this email.
 Here is his response.
Cheers
Ray
 From:
"Ham, Tony" <Tony.Ham@deedi.qld.gov.au>
Add sender to Contacts
To:
rayke1938@yahoo.com.au

Ray,
I am replying to your enquiry regarding fishing for bass during the closed season.
The original definition that was sent from Anita Ramage is still correct regarding take and I have pasted it here…

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.

 There is no restriction on fishing for other species during any closed season, however incidental catches of bass (in this instance) must be immediately returned to the water, unharmed.

The closed season for bass does not apply in certain impoundments and bass from these waters may be taken and retained as per usual.

I hope this is of some assistance and should you have any further questions please don't hesitate to contact me.

Regards,
Tony Ham
Manager Recreational Fisheries, SIPS and Fishcare
Industry Development
Fisheries Queensland
a service of the Department of Employment, Economic Development and Innovation
Telephone: 07 3405 6805 Fax: 07 3224 2805
Mobile 0467785787
Email: Tony.Ham@deedi.qld.gov.au 

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Re: Green light on fishing for bass during closed season?
« Reply #77 on: June 28, 2011, 02:55:46 PM »
Well that's it then.  Looks like I'm going fishing in the river this weekend for anything except a Bass.  Not a problem.  The fact that Tony cut and pasted the same information that you posted from Anita on Page one shows that at least two people at DEEDI think alike.  Now, if I'm fishing in the mid-Brisbane river, and I'm approached by a DEEDI inspector (and let's face it, there's not a huge likelyhood of that happening) the onus is then on the inspector to prove that I was "taking" or "attempting to take" an Australian Bass.  With the hot Yellowbelly bite that's happening there at the moment, I'm pretty safe.

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Re: Green light on fishing for bass during closed season?
« Reply #78 on: June 28, 2011, 03:19:42 PM »
Tony, the sticking point is really around what "attempt to take" means. At the meeting it was suggested that catching and releasing the fish did not constitute the above.

What say you new and improved guru?

Norm
Norm...first let me say that the opinions in this reply are purely my own...and based on my time in enforcement and education activities... 8)

Take and attempt to take are one and the same in term of thw law......the intent is the issue..and of course intent is the issue to be proven....for most enforcement officers, if they found you with a bass in a bucket..then you are probably about to experience some difficulty I would suggest...On the other hand if you are casting a lure and a bass is landed as an incidental catch, you have an obligation to immediately release the fish...and I would suggest that you would not have any problems as a result.

In terms of attempt to take, given that the legislations intent is to protect spawning fish, I would suggest that if you were to hook two bass in a row in the same spot, then you have an obligation to either stop fishing, or move to somewhere else to avoid catching bass. or at least take some action to avoid catching them at least in that spot....The law generally applies as though a reasonable person with no knowledge was looking at the situation...I am of course acutely aware that not every fisher adheres to this type of moral code....that said..I would argue that if I observed someone in a river, continually catching bass and continuing with no change in their behaviour, I could possibly mount a case for targeting bass (or attempting to take)...I say possibly!! ..it all boils down to what convinces a magistrate C:-)

The real question is ... How serious are you about complying with the law....it becomes an ethical question for rec fishers to address...and fishing ethics are the things that we do when we are unobserved by others!!





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Re: Green light on fishing for bass during closed season?
« Reply #79 on: June 28, 2011, 05:28:21 PM »
Hi Tony,

That is the best reply to this question I've yet seen, thankyou for your input.  :thanks

You mentioned "ethics" & gave a great interpretation, can I use it? Between ethics & encforement we should see well managed fisheries. We all know either or both can be a bit thin at times unfortunately so hopefully where one is lacking the other picks up the shortfall.

*******************

The other part of the topic is the "where" should a closed season apply. What are your thoughts in regard to closed season for bass where all of the fish are stocked or upstream of a barrier (eg upstream of Mt Crosby Weir on Brisbane River), or outside of natural area eg Kolan, Gregory, Burnett, Burrum systems?

Cheers,

Fitzy..

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Re: Green light on fishing for bass during closed season?
« Reply #80 on: June 28, 2011, 05:40:47 PM »
Thanks for the input Tony

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Re: Green light on fishing for bass during closed season?
« Reply #81 on: June 28, 2011, 06:46:51 PM »
It does really depend on the individual persons ethics whether they continue to fish in waters where breeding bass exist. My beef is not about the person who accidentally catches a bass as by-catch when targeting bream it about people who know where the bass aggregate and continue to hammer them and state I am really fishing for mullet etc. >:(
Cheers
Ray
 

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Re: Green light on fishing for bass during closed season?
« Reply #82 on: June 28, 2011, 07:38:52 PM »
Yep, I had some tackle industry guys call the other day & tell me they caught over 50 bass at one spot on the mid brisbane river this week. Told them its closed season... the answer was that they were fishing for golden perch.

In that case, they're not wild / breeding / spawning fish, rather are stocked fish (mainly escapees from Wivenhoe) so probably should be allowed to fish for them. However the letter of the law says they're breaking the rules by doing this.

Where should ones ethics lie with this scenario? Adhere to a regulation that is obviously wrongly written, ignore it or try to get the regs changed? I'm for the latter.........

fitz..

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Re: Green light on fishing for bass during closed season?
« Reply #83 on: June 28, 2011, 08:44:37 PM »
I don't get it....

Just because there has been a huge influx of Bass into the rivers since the Floods everyone wants to target them, all year round.

If there was a drought still in place would there even be a discussion of these rules.

Rules are rules and if you are a responsible recreational fisherman you should tow the line and encourage others to do so.

My views anyway....

Cheers




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Re: Green light on fishing for bass during closed season?
« Reply #84 on: June 28, 2011, 08:53:39 PM »
I don't get it....

Just because there has been a huge influx of Bass into the rivers since the Floods everyone wants to target them, all year round.

If there was a drought still in place would there even be a discussion of these rules.

Rules are rules and if you are a responsible recreational fisherman you should tow the line and encourage others to do so.

My views anyway....

Cheers

Why protect stocked fish with a closed season & where they can't breed?

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Re: Green light on fishing for bass during closed season?
« Reply #85 on: June 29, 2011, 07:21:25 AM »
All it needs is a rain event so that the weirs overflow and the entrapped fish can progress downstream and if they cannot do this they will be waiting for you on Ist September.
If you believe that some waters should be exempt from the closed season why not write to the minister
Craig Wallace
thuringowa@parliament.qld.gov.au
or his opposition
Mark Robinson.
cleveland@parliament.qld.gov.au.
Mark Robinson seems to be the first Qld polly since Tom Burns to genuinely take an interest in recreational fishing unlike his counterpart the Hon ( CHOKE) Craig Wallace who at best is tardy with his response and when it arrives is a general patronizing form letter without answering any of the questions asked.
Cheers
Ray
 Cheers
Ray

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Re: Green light on fishing for bass during closed season?
« Reply #86 on: June 29, 2011, 09:45:55 AM »
Is the water quality anywhere in the Brisbane River suitable for Bass to breed?  Where is the salt level suitable?

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Re: Green light on fishing for bass during closed season?
« Reply #87 on: June 29, 2011, 10:05:30 AM »
Not really qualified to answer as I do not know what salinity levels are required and the salinity will vary dependent on rain events etc but I would venture anywhere below Colleges Crossing. Had a reliable report of bass being caught at Goodna,and Port of Brisbane during last week.The one at the port was 42cm and was kept as the angler did not know what it was.
 Cheers
Ray

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Re: Green light on fishing for bass during closed season?
« Reply #88 on: June 29, 2011, 10:15:35 AM »
Good question Dale, the best answer you would get from a fisheries biologist on water quality would be most likely.
Certainly no shortage of food for larvae if they hatch.
They have the whole length of the river to find suitable salinity.
A question which could be answered with some sampling, IF someone would undertake it.

cheers
Steve.

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Re: Green light on fishing for bass during closed season?
« Reply #89 on: June 29, 2011, 12:41:21 PM »
Good question Dale, the best answer you would get from a fisheries biologist on water quality would be most likely.
Certainly no shortage of food for larvae if they hatch.
They have the whole length of the river to find suitable salinity.
A question which could be answered with some sampling, IF someone would undertake it.

cheers
Steve.

and yet a well known hatchery supposedly had problems with breeding due to water quality in their ponds.  Surely the amount of pollutants pumped into the Brisbane River on a daily basis would affect the breeding.
Salinity levels are another thing.  I wonder, how much did putting a bloody great wier across the river at Mt. Crosby affect the salinity. 

 

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