2008 fisheries act

[CreelReaper]

Hello fellow Ausfishers,
Whilst doing a little research to answer a fellow Ausfishers question I had a quick flick through the 2008 Fisheries act.

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/F/FisherR08.pdf

Reprinted as in force on 19 September 2008 -

all 536 pages.
Whilst having a read here and there I came across a few items that raised my eyebrows. I would like to throw these out there for your thoughts....

1 page 41 item 12 .......

References to taking a particular quantity of fish

For a fisheries declaration, a person takes a particular quantity

of fish only if, at any given time, the person possesses that
quantity of fish that the person has taken.

Does this mean that if a mate and I are fishing and he catches his bag limit that legally he can not give them to me if I haven't got my limit???

Part 7 General exceptions page 119/120

171 Recreational fisher possessing fin fish for bait
(1) This section applies if a fin fish is regulated by form or
number.
(2) A recreational fisher may possess 1 fin fish that the fisher has
processed or is processing to use as bait for recreational
fishing.
(3) However, if the fish is spanish mackerel or a regulated coral
reef fin fish, the fisher must ensure the pectoral fin of the fish
has been removed.

How do you read/interpret this??? Yes you can use a fin fish for bait but if you follow how I understand the laws with regards to cleaning fish on the boat then this is really confusing.
Does the bait fish count towards your bag limit?? If you have filletted the 'bait' fish and then cut fillets into large strips does this count as 1 fish or 2 (as the inspectors count 2 fillets as one fish)?? If the fillets are not over 40cm in length then are we breaking the law??? If we fillet the 'bait' fish then where do we prove that we have cut off the pectoral fin???

I believe that there are many many sections throughout the act that raise too many questions. I feel for the mum and dad once a year fishos that take little Johnny out for a fish a couple of times a year. I have been fishing all of my life and can't keep up with it all.

Cheers

Shane

[FNQCairns]

Shane thanks for bringing that up, I suspect it might be right the regs are written and signed of by those that do not fish or if they do a glass of Chardonnay is always but a hands reach away.

I didnt know we where allowed to process a fish onboard these days, so it's welcome information.

The regs seem to allow me this??I could chop the fish up into bait strips but I must keep the frame with the cut fin to prove my innocence at any time and it would count in my bag/possession limits.

cheers fnq

[PinHead]

Shane thanks for bringing that up, I suspect it might be right the regs are written and signed of by those that do not fish or if they do a glass of Chardonnay is always but a hands reach away.

I didnt know we where allowed to process a fish onboard these days, so it's welcome information.

The regs seem to allow me this??I could chop the fish up into bait strips but I must keep the frame with the cut fin to prove my innocence at any time and it would count in my bag/possession limits.

cheers fnq

bloody hell..what is wrong with a glass of charonnay???

All Govt Acts and regs. are written in a similar vein...nothing is in simple terms...all penned with legal jargon that makes it difficult for the average person to follow and a lot of ambiguity in all of them.

[CreelReaper]

Chardonay or not guys, there is 500 odd pages to the act and you would need to be a legal eagle to fully understand the ramifications of each part of it. Seriously though how do they expect us normal folk to obey the rules????
FNQ, I wouldn't take what I say as granted. I am definately not an expert and I didn't read the whole document and may have taken what I saw and read out of context.

cheers