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Author Topic: QLD No Take Legislation. Is it worth the paper it's written on ?  (Read 16026 times)

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Re: QLD No Take Legislation. Is it worth the paper it's written on ?
« Reply #60 on: January 10, 2013, 10:54:52 AM »
Reading through all of this, I'm beginning to think  "at what point do you release a fish" is all a storm in a tea cup. Most "reasonable" people acknowledge that a fish needs to be landed either into a boat or canoe or onto the land to identify it, measure it and remove hooks. If taking a photo of a memorable catch while doing the above tips the balance (in some peoples minds) from "release" to "take" then they really need to loosen up a bit. 

If I caught a big BARRA at the Gold Coast at any time of year I would definitely net the fish, bring it into my boat, remove hooks and take a quick picture before release. Probably wouldn't measure it unless it was possibly 120cm or better.

I don't have an issue with someone taking a picture of a Mary river cod if one is accidentally caught on a lure then released. Sticking one in an esky for dinner is what we should be concerned about I say. And I have a concern about bait fishing in water where protected fish are.

If we were really concerned we would be calling for total closures like what is done for the Bloomfield cod (night fish) in NQ. We as seem to want our cake and eat it too.

Thanks

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Re: QLD No Take Legislation. Is it worth the paper it's written on ?
« Reply #61 on: January 10, 2013, 11:05:29 AM »
I think some of our members are more pedantic than most Fisheries Officers.  I've never had an issue with an Inspector in all my years of fishing, and I've been checked in Victoria, New South Wales, Queensland and Tasmania.  I always treat the Inspector with respect, the same as a Police Officer.  He's out there doing his job to feed his family, the same as we do at work every day, if you treat him bad, he may look a bit harder for things you're doing wrong.  I would think that if the guy holding up the Barra that was released ended up in court for that, the Judge would have a very difficult time proving a violation of law.  Fisheries use of the word "take" and the Judges view of how a layperson views the word "take" could see a request for the wording of the law to be changed. 
In the mean time, please fish responsibly, if you do happen to hook a fish during the closed season, please release it back into the water as soon as possible.  If you must take a pic, take it quickly.  I would not suggest submitting a picture of an obviously dead fish to either your local newspaper or an internet site during the closed the season.

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Re: QLD No Take Legislation. Is it worth the paper it's written on ?
« Reply #62 on: January 10, 2013, 12:34:28 PM »
What is a regulated fish??? What are you referring to??? Just so i can be clear.....BTW - no such beast as DPI...either Fisheries Queensland or more correctly Dept of Agriculture, Fisheries & Forestry

Sorry old school, DPI was the governing body it's now DAFF.
Regulated fish are species that are controlled in some way or other, whether it be size, season, etc...
http://www.daff.qld.gov.au/documents/Fisheries_RecreationalFishing/Rec-fishing-fresh-waters-A4.pdf
Click on the link for the list of regulated freshwater fish in Qld.

Cheers
Jason

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Re: QLD No Take Legislation. Is it worth the paper it's written on ?
« Reply #63 on: January 10, 2013, 01:40:39 PM »
Jason

i know what a regulated fish is...

I cannot make the link on what you want to reference the regulated fish to?????

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Re: QLD No Take Legislation. Is it worth the paper it's written on ?
« Reply #64 on: January 10, 2013, 02:08:38 PM »
Can I just point out section 12 of the Fisheries Act and you can make up your own minds as to how you wish to approach the issue

12 When Act does not apply
This Act does not apply toó
(a) the unintentional taking of regulated fish or marine plants if the fish or plants are not intentionally or recklessly injured or damaged and are immediately put back; or
(b) the unintentional possession of regulated fish or marine plants by a person if the fish or plants are not intentionally or recklessly injured or damaged and the person can not, because of circumstances beyond the personís control, put the fish or plants back immediately they come into the personís possession; or
(c) the use of a hand net to lift from water fish taken by other fishing apparatus; or
(d) the use of a gaff to secure fish taken by other fishing apparatus.

I wonder if the Magistrate would understand the excuse in respect to s.12(b)..."I couldn't put the fish back imediately because I had a camera in my hand!!!"

BTW....... the responsible agent of the Act is the Chief Executive of Fisheries (section 20 Fish Act 1994) not the Department, not the Minister, Not the Premier or parliament, not even the Fishos.

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Re: QLD No Take Legislation. Is it worth the paper it's written on ?
« Reply #65 on: January 10, 2013, 02:31:20 PM »
Ohhhhhhh.....................Hmmmmmmmmmmm........You guys are thinking about this way toooooooo much.
I also plead guilty took a photo of a 4 inch bass at hinze this morning even though i use crushed barbs and could have released it in the water as I normally do.
Will have to rethink all my actions.
 Cheers
Ray

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Re: QLD No Take Legislation. Is it worth the paper it's written on ?
« Reply #66 on: January 10, 2013, 04:36:58 PM »
Can I just point out section 12 of the Fisheries Act and you can make up your own minds as to how you wish to approach the issue

12 When Act does not apply
This Act does not apply toó
(a) the unintentional taking of regulated fish or marine plants if the fish or plants are not intentionally or recklessly injured or damaged and are immediately put back; or
(b) the unintentional possession of regulated fish or marine plants by a person if the fish or plants are not intentionally or recklessly injured or damaged and the person can not, because of circumstances beyond the personís control, put the fish or plants back immediately they come into the personís possession; or
(c) the use of a hand net to lift from water fish taken by other fishing apparatus; or
(d) the use of a gaff to secure fish taken by other fishing apparatus.

I wonder if the Magistrate would understand the excuse in respect to s.12(b)..."I couldn't put the fish back imediately because I had a camera in my hand!!!"

BTW....... the responsible agent of the Act is the Chief Executive of Fisheries (section 20 Fish Act 1994) not the Department, not the Minister, Not the Premier or parliament, not even the Fishos.

Thanks Shaun, that has been the best response to this topic, and I have definately learnt something. :youbeauty

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Re: QLD No Take Legislation. Is it worth the paper it's written on ?
« Reply #67 on: January 10, 2013, 06:12:27 PM »
In June 2013 the state Govt. are beginning a major overhaul of their freshwater rules and regs. This information stems from my ongoing fiasco to have Ewen Maddock Dam exempt from the Bass closed season.

It will be open for public consulation and I hope like buggery the govt. get it right after the that consultation. If you want to put your two bob in, it is then you MUST stick your bloody hands up, raise hell, write letters and make yourself heard as the saying goes.....Strength in numbers! We'll only get one chance at this probably for another decade. It could be 2015 before we see any change after this consultation.

I have been blown off too many times trying to amend parts of the legistration that is simply a no brainer. It is the bureaucratic red tape that is most hardest to break.

I'll most definitly keep you posted.

Cheers Dave

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Re: QLD No Take Legislation. Is it worth the paper it's written on ?
« Reply #68 on: July 29, 2014, 11:54:11 AM »
A bit late and 5 pages on the answer to my question, it would seem not.

 

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