ok im reading the fine print on these new zones, what is the definition of stowed or secured? not in your hands but in a rod holder? where else am i going to have the rods?
Please Lawrence dont screw this election up.
ok im reading the fine print on these new zones, what is the definition of stowed or secured? not in your hands but in a rod holder? where else am i going to have the rods?
Please Lawrence dont screw this election up.
When in a green zone (or yellow if you are already using your quota of rods) a rod being stowed is having it either in the boat, rod locker, rod holder etc, but you can't have hooks etc henging loose, they must be securely hooked onto the rod/reel/guides, wherever you normally secure the hook.
What he said... Rod and hooks secured and out of your hands.Originally Posted by Scott nthQld
I wonder what they expect us to do with a rod rigged with a standard paternoster with 2 droppers ( and 2 hooks)?
This is exactly as it is seen in the new Marine parks Zoning Plan 2008.
It is fairly clear I think. If you stow your rods with hooks attached then you, I believe are in contravention to the rules. If you are travelling from one spot to another and traverse a zoned area you have to physically remove the hooks. here it is..... as per schedule 4 (Dictionary)
stowed or secured, for equipment used for fishing or
collecting—
(a) generally, means that the equipment is rendered
inoperative and stored inboard a vessel; and
(b) if the equipment is trawl fishing apparatus, means—
(i) that the nets are out of the water or that the fore
ends of the nets are drawn up to the booms; and
(ii) that the net’s lazy lines are through the blocks; and
(iii) that the net’s cod ends are open; and
(iv) for an otter trawl, that the otter boards are drawn up
to the trawl blocks on the booms or are inboard a
vessel.
Hope this clears things up for you.
Shane
Now if the last one confused you then try this.....same document......
14 Entry or use of general use zone without permission
A person may, without a permission for the area, enter or use
an area in the general use zone only for the following
purposes—
(a) carrying out a low impact activity not involving fishing
or collecting;
(b) carrying out the following fishing or collecting
activities—
(i) bait gathering;
(ii) crabbing;
(iii) for an accredited harvest fishery—fishing or
collecting under the fishery’s accreditation;
(iv) limited collecting;
(v) limited spearfishing;
(vi) line fishing;
(vii) netting including bait netting;
(viii) trawling;
(ix) trolling;
(c) carrying out a traditional use of marine resources that—
(i) includes another purpose mentioned in this section;
or
(ii) is carried out under an accredited traditional use of
marine resources agreement;
(d) carrying out a limited media activity;
(e) carrying out limited impact research (extractive) or
limited impact research (non-extractive) for an
accredited educational institution or accredited research
institution under the institution’s accreditation;
(f) conducting a limited educational program;
(g) operating an aircraft at an altitude of—
(i) more than 500ft; or
(ii) 500ft or less only to take off from, or land at, a
place outside the marine park;
(h) navigating a vessel, other than a managed vessel, if
equipment usually used for an activity involving fishing
or collecting is stowed or secured when the vessel is in
an area of the zone in which the use of the equipment is
not authorised under the Act.
Shane
Now, if you are still confused and unsure of what you have to do then this should clear it up????????
17 Entry or use of habitat protection zone without
permission
A person may, without a permission for the area, enter or use
an area in the habitat protection zone only for the following
purposes—
(a) carrying out a low impact activity not involving fishing
or collecting;
(b) carrying out the following fishing or collecting
activities—
(i) bait gathering;
(ii) crabbing;
(iii) for an accredited harvest fishery—fishing or
collecting under the fishery’s accreditation;
(iv) limited collecting;
(v) limited spearfishing;
(vi) line fishing;
(vii) netting including bait netting;
(viii) trolling;
(c) carrying out a traditional use of marine resources that—
(i) includes another purpose mentioned in this section;
or
(ii) is carried out under an accredited traditional use of
marine resources agreement;
(d) carrying out a limited media activity;
(e) carrying out limited impact research (extractive) or
limited impact research (non-extractive) for an
accredited educational institution or accredited research
institution under the institution’s accreditation;
(f) conducting a limited educational program;
(g) operating an aircraft at an altitude of—
(i) more than 500ft; or
(ii) 500ft or less only to take off from, or land at, a
place outside the marine park;
(h) navigating a vessel, other than a ship or managed vessel,
if equipment usually used for a fishing or collecting
activity is stowed or secured when the vessel is in an
area of the zone in which the use of the equipment is not
authorised under the Act.
The zoning plan is all of 227 pages of rivetting rules and regulations so plainly written as they are depicted above. It is such a good read????????
Shane
in defence of a document such as this shane, if it is written in "plain english" a "fancy solicitor" will usually get someone who breaks the rules, off scotty free. legal documents and legislation require stupid amounts of detail to close up all the loopholes. for most people who wish to enter a marine park without permission, the "plain english" version is on the sign at the boat ramp or the booklet that the marine parks boys are giving to anyone who asks or anyone they see.
Hey Paddles,
Yeah mate I know and understand what you are saying. The problem though with the booklet and other such info forwarded to joe public especially from EPA all carry the disclaimer that it is a information booklet and does not is not to be used as a legal document.
The average joe public is not going to download a copy of the zoning plan nor take the time to read it anyway.
Shane
It seesm to me that there are two issues here.....this has been written primarily with commercial fishing in mind...and like most things... recreational fishing is an afterthaught.
Now most of us will rig on dry land if we have a choice
now i am sure some of this could be up for legal argument.
but the act says, ...rendered inoperative......and stored inboard.
rendered inoperative
now I think you could reasonably argue that a rod in a rocket launcher with its hook secured to a guide or hook keeper is inoperative.
I think it would be sensible to remove any bait........hmm a lure secured to the rod still wont work.
Now I see a problem with rod holders that are on the edge of the boat or punched thru the gunwal........ because inboard is considered inside the gunwal.
Ahh now crab pots.....with bait in them.....hmmm......
inboard is easy........if it is a rigid pot... how do you render it inoperative.
For those of us that are keen.....Zippy ties could be the answer.
If the float and rod are zippy tied to the pot....it isn't opeartive
This is an issue that needs to be canvased in the media and braught to light.
I hear there is a case going to court on a similar issue in NSW, shortly.
cheers
Its the details, those little details, that make the difference.
Just a furthe thaught.
A commercial fisherman can not and will not completly dismantle his rig at sea.
So it is reasonable that he will have his rig whatever it is " stowed", I think there is specific mention that "otter boards" will be inboard.
A long liner or any multi hook line fisherman will not be retying every damn hook.
So we put the "reasonable person test" into play.
So a reasonable person would say the a fishing rod was compliant if it was
Out of the water............ easy enough
Stowed........ that means put somewhere that it may securely travel.
Inoperative........can not work in its current state......you have to DO something to make it read for use
Inboard.........inside the outer perimiter of the boat....possibly inside the gunwal line.
as for crab pots.
If they are colapsable.... colapse them.....they don't work that way.
inboard.....hmm... some bloke travel with their pots overhanging the side or bow..........not inboard.
now all of this could get interesting in a canoe or kayak........hmm what if you walk or wade across a gree zone...hmmm
perhaps you could ask the inspector to demonstrate where he would stow his rod... he may need some help.
cheers
Its the details, those little details, that make the difference.
you're spot on there shane, you must have had a few sleeps whilst trying to read 227 pages of that mumbo jumbo.
oldboot, i spoke to some marine park boys up at mission point yesterday and they reckon they were cool with bait even being left on a hook, as long as the hook was hooked on an eye on your rod. they were having a field day with jetskiers not going off the plane in the go-slow zones, it was like trying to hand ut speeding tickets at the indy 500.
I was talking to the treasury of ECOfishers at the rally and he was saying that a bloke in NSW was fined for carrying his rods in the rocket launchers. I believe they are going to argue it in court. Hopefully it will not get that silly up here.
sounds like you will be cool unless you are actually busted with a line in the water, so who is actually doing the busting ????
Mate, there has been a few postings hereabouts over the last few weeks that some ausfishers have had chats with relevant officers in various departments (police, fisheries and EPA). I do believe however that EPA will be the ones enforcing the zonings but DPI will be maintaining the fish caught as per the norm. Might be wrong tho.
Shane
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