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Author Topic: QLD No Take Legislation. Is it worth the paper it's written on ?  (Read 15974 times)

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Re: QLD No Take Legislation. Is it worth the paper it's written on ?
« Reply #45 on: January 09, 2013, 01:36:43 PM »
-_- .......
I am unsure which article you read. But I read a courier mail article which all but promoted it, then one sentence saying it was closed season.
However that said, I just read an article saying he will probably fined hard for it. Bloody good.

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Re: QLD No Take Legislation. Is it worth the paper it's written on ?
« Reply #46 on: January 09, 2013, 01:54:12 PM »
Sorry. I haven't read anything where the papers are 'promoting' it - only reporting it.

I wonder if he will get prosecuted - he would be an 'idiot' to say he caught it and to still have it in his possession. Then again!!

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Re: QLD No Take Legislation. Is it worth the paper it's written on ?
« Reply #47 on: January 09, 2013, 02:29:36 PM »
I don't think the wording of the rules is in question in the example where the angler is displaying the dead fish.  I don't see where the newspaper is promoting his actions.  In the second examply, it clearly states that the fish was released alive and again they remind people of the closed the season.  Next we'll see the radio stations blamed for the road toll because they tell us where the speed cameras are.  I'll be honest, if I'm fishing for Jacks in the Coomera and catch a metre Barra I'll take a picture or two of it and then release it.  I just won't submit the picture the either the newspaper or the local tackle shop who may have submitted the photo.

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Re: QLD No Take Legislation. Is it worth the paper it's written on ?
« Reply #48 on: January 09, 2013, 03:06:56 PM »
Ok.....let's get to the wording of the legislation.....

I will offer this right from the start......."Law-makers are not law-writers who in turn are not law-enforcers" add to this..."there is always grey areas in law, no matter how black and white it is!!"

I do like the question about 'attempt to take' a species that has a bag limit and the angler has reached their limit (the upgrade rule) - interesting question. I would assume that Anita Ramage's previous response would be pertinent and correct...Is that what QB&FP would consider when evaluating the merits of the alleged offence - perhaps ??? depending on the alleged offenders response to the question and general attitude(??)

I have an inkling the definition of the word "take" was included in the 1997 Act specifically designed to address issues of certain fishing methods that could only target a certain fish species (i.e. Tropical rock lobster (maybe) - I am only guessing but it may be present in the back of my brain for a reason!!, prawn ???)

There is no rule about targeting or taking non-indigenous species in Queensland - there is a law about returning them to the water (as someone has pointed out previously). I will have to ask a couple of questions and look at the legislation properly to get an exact response to that question asked previously.

I will do some looking....

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Re: QLD No Take Legislation. Is it worth the paper it's written on ?
« Reply #49 on: January 09, 2013, 03:31:42 PM »
How could it have been released. There have been 2 different pictures I have seen, one at the back of his van, one at what appears to be a house in construction..??
Well it came across like a promotion, what they should have done is do an article more about closed season and the rules and reg that relate. A caption under a photo was *** with his trophy catch.  I thought that was a pretty stupid caption for an out of season capture...
I guess i might be wrong however.. Just my 2 cents

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Re: QLD No Take Legislation. Is it worth the paper it's written on ?
« Reply #50 on: January 09, 2013, 03:39:56 PM »
How could it have been released. There have been 2 different pictures I have seen, one at the back of his van, one at what appears to be a house in construction..??
Well it came across like a promotion, what they should have done is do an article more about closed season and the rules and reg that relate. A caption under a photo was *** with his trophy catch.  I thought that was a pretty stupid caption for an out of season capture...
I guess i might be wrong however.. Just my 2 cents

Well...so far he has made no admission of guilt as to the taking of the fish to an authorised officer.....and he would be 'stupid' to have it still in his freezer when QB&FP knock on his door to enquire.....no possession - no offence!!!

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Re: QLD No Take Legislation. Is it worth the paper it's written on ?
« Reply #51 on: January 09, 2013, 03:43:47 PM »
Yeah he would be an idiot to still have it, not wrong. It's a shame, it looks very dead in both shots I saw. But what can ya do... Idiots still prevail as long as they can continue to get away with it..

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Re: QLD No Take Legislation. Is it worth the paper it's written on ?
« Reply #52 on: January 09, 2013, 03:49:25 PM »


I have an inkling the definition of the word "take" was included in the 1997 Act specifically designed to address issues of certain fishing methods that could only target a certain fish species (i.e. Tropical rock lobster (maybe) - I am only guessing but it may be present in the back of my brain for a reason!!, prawn ???)


from memory this term was included in the qld legislation for tropical rock lobsters and female crabs in 1997, as a replacement for possession.  At the same time i was working for NSW Fisheries on the Pipi collection (during the final stages of my thesis) and followed the same path except for bait utilisation. 

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Re: QLD No Take Legislation. Is it worth the paper it's written on ?
« Reply #53 on: January 09, 2013, 05:28:46 PM »
If its a regulated fish, you can't unlawfully take, possess or sell it. (Clause 78 of the Act)
Unlawfully would mean the rules set by the Regulations and the DPI (bag limits, season, sizes, weight, volume, etc..), so if it was a barra (a regulated fish) the laws set by the Regulations and the DPI for that species would apply, regardless of where it was caught (excluding dams and farms).
The DPI controls the Management Plan for Qld Fisheries; have a look at the  Fishing Regulations 2008, Schedule 2 (Fish Regulated Seperately) it lists all the regulated fish, what they are regulated by and the prohibited activities regarding regulated fish.

Cheers
Jason

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Re: QLD No Take Legislation. Is it worth the paper it's written on ?
« Reply #54 on: January 09, 2013, 07:20:41 PM »
Wouldn't matter, only a boofhead would cop a fine.

When DPI rolled up - you would just say, caught it up at bli bli on the weekend mate, (or lenthals) spun a yarn to the paper and they were silly enough to swallow it and post the story in the paper..

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Re: QLD No Take Legislation. Is it worth the paper it's written on ?
« Reply #56 on: January 10, 2013, 09:17:56 AM »
If its a regulated fish, you can't unlawfully take, possess or sell it. (Clause 78 of the Act)
Unlawfully would mean the rules set by the Regulations and the DPI (bag limits, season, sizes, weight, volume, etc..), so if it was a barra (a regulated fish) the laws set by the Regulations and the DPI for that species would apply, regardless of where it was caught (excluding dams and farms).
The DPI controls the Management Plan for Qld Fisheries; have a look at the  Fishing Regulations 2008, Schedule 2 (Fish Regulated Seperately) it lists all the regulated fish, what they are regulated by and the prohibited activities regarding regulated fish.

Cheers
Jason

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

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Re: QLD No Take Legislation. Is it worth the paper it's written on ?
« Reply #57 on: January 10, 2013, 09:19:18 AM »
http://www.sweetwaterfishing.com.au/Forum/index.php/topic,4899.msg20426/topicseen.html#new

What more needs to be said.....


Sorry Macs...but you need to say it????  I'm not sure of the relevence!!!

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Re: QLD No Take Legislation. Is it worth the paper it's written on ?
« Reply #58 on: January 10, 2013, 09:24:12 AM »
Sorry Macs...but you need to say it????  I'm not sure of the relevence!!!
I gather he's referring to photographs of an undersize Bass and Cod being published on this site. 

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Re: QLD No Take Legislation. Is it worth the paper it's written on ?
« Reply #59 on: January 10, 2013, 09:45:37 AM »
Ohhhhhhh.....................Hmmmmmmmmmmm........ You guys are thinking about this way toooooooo much.


 

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