Closed Season legistation.

[rayken1938]

Following a couple of fishing magazine stories I have been doing a bit of research on the fisheries act as a result of a few questions being asked on the closed seasons section.
The act specifically banns the targeting of Barra during the closed season but does not specifically state this under the other species sections.
I got an original half answer from Deedi that stated that it was illegal to take the relevant species during closed season.
I then asked for their definition of the word " take" and received the following answer from the Senior Fisheries Management officer.
This means that all the people who advocate fishing for bass and other species during closed season and think that they are OK if they are releasing the fish are committing an offence.

Cheers
Ray


This is the definition of “take” as stated in the Fisheries Act 1994



take fisheries resources includes—

(a) catch, gather, kill or obtain from water or land; and

(b) attempt to catch, gather, kill or obtain from water or

land; and

(c) land (from a boat or in another way), bring ashore or

tranship.



You will notice that attempting to catch fish is included in the definition of take and therefore my understanding is that if someone is attempting to take a species of fish during a closed season they would be in breech of the regulation.



Cheers

Anita

<>< <>< <>< <>< <>< <>< <>< <>< <>< <><
Anita Ramage
Senior Fisheries Management Officer
Fisheries Harvest Management
Queensland Primary Industries and Fisheries
Department of Education, Economic Development and Innovation (DEEDI)
Phone 07 3247 5009 Facsimile 07 3229 8146
Email \n anita.ramage@deedi.qld.gov.au This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Website www.dpi.qld.gov.au Call Centre 13 25 23

[Lovey80]

Rayken, my original ussumption was that the whole point of a closed season is to allow fish to be able to spawn during that critical period without being taken or disturbed. Targeting fish in a closed season even for catch and release could potentialy put the fish off spawning???? Hence defeating the point of having the closed season in the first place.

Have I got that right?

So the act is in fact right then?

Cheers

Chris

[rayken1938]

Lovey80 because the closed season act on Barra specifically banns the targeting of Barra during closed season and did not state the same for other species some people and this includes Deedi staff assumed that it was legal to target these fish during closed season.
However the definition of the word " take " as applied to the fisheries act definitely closes this so called loophole.
I am in the process of contacting my local member to see if the wording of the act can be changed to reflect the same wording as that pertaining to barra next time there is an upgrade of the act.
Cheers
Ray