New on-the spot fines introduced for green zone

[BAIT_MAN]

December 14th, 2006

New amendments to the Great Barrier Reef Marine Park Regulations, which came into effect today, will give Marine Park enforcement officers the ability to issue on-the-spot fines to recreational fishers found illegally fishing in green zones.

The new arrangements were announced today by the Minister for the Environment and Heritage, Senator Ian Campbell, Senator Ron Boswell and Federal Member for Leichhardt Warren Entsch.

“Senator Boswell and Warren Entsch have played important roles in a delegation of Queensland Coalition parliamentarians that asked me to review the penalty system to ensure it was in line with community expectations,” Senator Campbell said.

“Breaches of our environmental management regimes are a serious concern, however, I recognise it is important to structure the penalties associated with these breaches to ensure the system is efficient and fair.”

“The new infringements notice offence will attract a fine of $1,100 and is a significant change to the way minor recreational fishing offences may be handled,” Senator Boswell said. “Less serious cases will continue to be dealt with by an advisory letter rather than a fine.”

Previous arrangements meant recreational fishers found illegally fishing in a green zone were dealt with by the court system.

Mr Entsch said tying up the court system with simple recreational fishing offences was not an efficient use of resources for either the courts or Marine Park officers.

“My concern was anyone convicted of a breach, irrespective of the seriousness of the infringement, incurred a criminal record and the potential ensuing serious ramifications which in my view was totally unacceptable,” Mr Entsch said.

“This new system of infringement notices will give enforcement officers the option to deal with matters relating to recreational fishing in green zones quickly and effectively,” he said

“On any given weekend, thousands of recreational fishers are out in the Marine Park. Occasionally some of these people do the wrong thing and it is important to have a system in place to deal with these occurrences in an appropriate and sensible way,” Mr Entsch said.

The area covered by Green Zones within the Great Barrier Reef Marine Park was significantly increased in 2004 with the introduction of the GBRMPA’s Representative Areas Programme.

Media Contact - Paul Leven 0428 714 779

[BAIT_MAN]

Hopefully this is the beginning of sensible and realistic management of our Marine Resources. Let this be the first step to a better fishing future.

The Federal Senators deserve to be applauded for not only listening, but acting upon the concerns of their constituents.

Regards
Shane Boese

[Lucky_Phill]

Shane, will that legislative be retrospective as to assist the bloke we read about earlier geting a crim record for being nothing more than " unaware ".

Further, I read in the media release that in some sentences there is a phrase " illegal fishing in marine parks / green zones". Question !

Is there such a thing as ' legal ' fishing in green zones ?

Cheers Phill

[BAIT_MAN]

Phil,

In relation to your question about "illegal fishing in green zones", I dont believe that there is legal fishing in green zones for the general public, however there are specific groups who are granted special licenses/permits that as I understand it, allow them to fish green zones for "research" purposes. The other thing about the statement is, as with many statements in the English language, it depends where you place the emphasis on the words that determine its overall meaning.

As far as the recent changes to penalties for being caught in Green Zones in the GBR goes, I was not included in the recent Cairns case that KC refers to - like you my information has come from the above Media release and other publically available information and documents. However, on a couple of occasions during the course of this year I have had the opportunity to speak to Federal Ministers on the issue (one of whom was Senator Abetz) and at that time the indications were that changes to the legislation would not be retrospective.

That said, there is still hope as fishermen exercise their political muscle as an organised group. We can continue to apply the pressure, fishermen fighting for fishermen, and anything is possible. At this stage the changes may not be retrospective, but we can continue the fight to make it so.

[_Dan_]

Shane, will that legislative be retrospective as to assist the bloke we read about earlier geting a crim record for being nothing more than " unaware ".

Cheers Phill

Phil i do understand your point, and a criminal record is excessive, although their should be a guilty plea option and no conviction should be recorded? although as an adult i accept the responsibilities of my actions.

I try to make a effort to educate myself on issues that may effect me directly. If people are going to fish in areas that may have a green zone they should make sure they know the relevant Green areas. IMO its no one elses responsibility but the person who chooses to fish in those areas.

Cheers

Dan

[nonibbles]

So how does knowing the law tell you where you are?

[_Dan_]

If you are going to fish those areas you should be adeqautely prepared with the required information and instrumentation to do so.

I guess i was making a point against the "its not my fault i didnt know" for me its exactly the same as the oppinnion of people who say "if you dont know what fish it is you shouldnt take it"

People should know where they are, for their own safety and others safety.

[kc]

On the issue of revoking previuos conviction it is surfice to say this is a work in progress.

More to come and hopefully a belated Christmas present for some 300 people.

As to the opinion that we should all know the rules and where we are this is fair coment BUT the facts are that the vast majority of the 300 people convicted did not know the rules OR navigated wrongly OR did not have a GPS in their tinny. Our point has always been. Does this make them criminals??? We think not.

Experienced fishos have not been the victims of this....we know...it is the occassional fisho/holiday fisho who has been caught out and this has been part of the reason for the 42% reduction in participation in recreational fishing during the last 2 years in NQ.

KC

[Lucky_Phill]

Dan, I take your point. A fish identication chart is free and freely available. There is NO requirement under the current queensland laws that state you MUST carry a GPS./

One may be aware of a green zone in the area, but without the necessary ( non compulsary ) equipment, one can only but guess ?

There are numerous areas within all state laws that disadvantage certain people and a sore point is the No Cast Nets in NSW. even in the boot of ya car, you're up for a fine..... !!!! beware crossing the border !!!!!

I think the point is that sure, ignorance is no excuse for breaking the law, but does the punishment fit the crime, ie:- Crim Record ????

IMO> NO..... a crim history for ignorance is over the top. Maybe a repetative offender could be in line for futher action !!! ??

KC and Shane......... was the announcement of the changes to legislation made public through any media ? I usually listen to the radio, read the courier mail and watch TV news, I did not see it.

Phill

[BAIT_MAN]

Phill


Following is from the Townsville Bulletin. This is the only media release that i have come across that made it to print as i recevied the other one by email.

Regards Shane



Reeling with joy


By DANIEL BATEMAN
14dec06

FISHERMEN will land a historic win today against laws that saw them treated like criminals after accidentally fishing in the wrong spots on the Great Barrier Reef.

The fishing industry has been awash with news of the announcement of changes to the penalty system that saw fishermen mistakenly caught fishing in green zones heavily fined and then handed criminal records.

The announcement will be made by Queensland Senator Ron Boswell and Leichhardt MP Warren Entsch, who have been negotiating a change to the Great Barrier Reef Marine Park Authority's (GBRMPA) penalty system with Environment Minister Ian Campbell.

It is understood the legislation will be altered in a way that people caught illegally fishing in green zones – accidentally or not – will be issued an infringement notice carrying an on-the-spot fine rather than a criminal offence.

The change to the legislation is believed to have stemmed from a recent court case that successfully argued a Global Positioning System (GPS) could not be used to determine the location of a vessel.

In October, the Townsville Bulletin revealed 97 per cent of fishermen brought before a judge for green zones offences between June last year and July this year received hefty fines and a criminal conviction.

Fishermen yesterday were already celebrating victory.

"We think it's a victory for common sense," said Queensland Fishing Party chairman Kevin Collins.

"The Townsville Bulletin highlighted the inequity of this whole issue when it ran that story some months ago.

"The Government's been aware of this issue for six months or more."

Mr Collins said if passed, the legislation could allow fishermen to have their convictions overturned.

"There's clearly an issue in the evidence that was used by GBRMPA to convict people in the first place, particularly the evidence as it relates to GPS data and the marine park authority maps," he said.

Pleasure Marine's Steve Todeschini said the announcement would be a landmark win for fishermen against the Government.

"The law, as it stands, is just like parking on the other side of a sign and crossing an imaginary line and getting a criminal record for it," Mr Todeschini said.

[kc]

As this was an NQ issue it got a big run in NQ. Cairns, Townsville, Mackay etc. Also a big run on NQ radio, TV and talkback. Will feature in most Qld fishing mags in Feb editions.

The real issue is that the GBR "model" is being touted as THE benchmark for all zonings so it has Australia wide ramifications.

We have forwarded media briefs to a number of TV current affairs shows.

Also getting a run on 4BC talking Fishing.

Doing our best to get this out there.

Regards

KC

[_Dan_]

Sorry if i didnt say it before, but i AGREE with everyone about it carrying a conviction.

ITs stupid and very far over the top.

[Lucky_Phill]

KC,

this is in no way being disrespectful to Sunfish, and I know Dave Bateman quite well, BUT;

In the past ( over many years ) any announcement made by the government of the day in relation to recreational fishing and legislation effecting the recreational sector made State news ( the big 4 channels in SEQ ) and filtered out to regional Qld. A short grab tagged on the end of these announcements ( or a short burst the next day ) was usually made by Dave and giving Sunfish's approval or opinion ( never in the negative, for let's face it, they are funded by the government ). It was never a case of Sunfish getting in first or seemingly being an intregal part of the decision making process. I always found this annoying, as Sunfish appeared to be pandering to the Govt, at the very least " Fence sitting."

Personally, what I'd like to see is TFPQ reps mugs on tele when these sorts of things get announced, ( or get in the day before offering your opinion or objection or comendation ) let's get this stuff in the WHOLE of Qld, not just NQ. I know you guys are working hard to do this and with enough funds a media manager could be entrusted to place TFPQ directly in the eyes of the people that WILL be affected by any adverse legislation.

Basically we need more ' friends ' in the media. Trouble being, reporters look for the sensational rather than the bland. They have to understand that what the GBRMPA and EPA and the likes are doing, is Sensational to a major industry supporting 1,000's of jobs and putting many millions of $'s into the states economy.

Imagine if we cold get one of queenslands favourite sons to espouse the virtues of rec fishing in qld and bag the pooh out of the GBRMPA. Matt Hayden, Andrew Symonds, Trevor Gillmeister and many many more are devoted fishoes from here and people take notice when they speak.

Matty says in an interview after the Ashes win " I usually celabrate a good win with a days fishing with my mates, but the GBRMPA has put a stop to that by pandering to the Greens and making us all fish in a bathtub " or words to that effect ;D ;D ::)

Phill

[ttone]

Hi Chaps, Pardon my Ignorance, I live in sth east qld, and was wondering if there are any green zones in this area???? If so where do I get a map of them, or maybe a website is available. Any help in this regard would be much appreciated.
Thanks & Cheers ttone

[redspeckle]

Hi Chaps, Pardon my Ignorance, I live in sth east qld, and was wondering if there are any green zones in this area???? If so where do I get a map of them, or maybe a website is available. Any help in this regard would be much appreciated.
Thanks & Cheers ttone

Here is the link below to Morten Bay marine park(from E.P.A website) with all the zones for now until review next year and currently their is 6 green zones in Moreton Bay park
http://www.epa.qld.gov.au/media/parks_and_forests/mbzonemap.pdf

I hope this help you
Mitch :)

[ttone]

Hi Mitch, Thanks for the info, much appreciated.
Cheers ttone