Yet another Snapper Question

[seastorm]

Where do you legally stand if you launch your boat at Southport and then log onto Seaway tower and tell them you are going to fish at Tweed 9 mile, you put your GPS on track mode and record your track. You fish in NSW waters and get a few snapper, then return to the boat ramp at Southport. At this point in time fisheries ask to look at your catch. Are you in the shit, technically you have not done anything wrong, you can show them your drift pattern on the GPS and you told Seaway tower where you where fishing. Don't get me wrong I'm all for saving the Snapper stocks and would love for my son to catch some when he is older, but this shows just one grey area with these new rules. Whats your thoughts?

[Jono_SS]

it's not a new problem for snapper on the Gold Coast - the states have different mininum sizes and bag limits. So, what's been the story until now? Has anyone done some explaining to the QBFP, and has it worked?

[Lovey80]

I heard John Kung answer this exact question to another Fisho after the Viki point meeting. He said that the onus is on the angler to prove that he caught the fish in NSW.

If you could show a GPS track that involved drifts that could easily account for the undersize fish then you would have to be in the clear. If they did fine you, I guess the onus would be on FQ to prove you didn't catch them in NSW. If found not guilty, you would make a submission that all court costs be borne by FQ. If how ever you were pulling a fast one and somehow they managed to prove you are flaunting the law you would have the book thrown at you.

[trueblue]

I would see the problem to be 'in possession' in QLD. the in possession rules don't take into account where you caught the fish, but rather where you have them in possession (...don't they???)

[ShaneC]

They would book you.... No doubt, and you will have to prove you caught them in NSW. Qld has no such laws that allow for compensation from the state should you be found not guilty.

[FNQCairns]

Yeah try it but be sure you can prove your innocence beyond any doubt, way back in the mother nation we had squires who had pheasants on their land, many pheasants....if you where a commoner you had better be very very sure if found with one from that you could prove where it came from otherwise you will be considered guilty way before any innocence and just like here today the evidence to prove your innocence must be of a quality miles higher than the evidence needed to consider you guilty....just be care full, careful will not save you the many thousands needed to prove your innocence beyond the doubt needed.

We seem to think that because only a relatively fraction of the total populace is forced to justify their actions to the parallel despotic 3rd world ideology/stripped of basic rights level expected that it is ok simply because the number of individuals impacted at any one point in time is too small to expect a change or even the basic Westminster legal treatment that was available just 60 years ago. We operate no higher higher than a court in the desert in a tent in the Sudan.

So very ashamed of the authoritative scum behaviors that sit perfectly fine within this nations new world character set. Without the multitude of willing minions available none of this would be possible...few pieces of silver anyone.

[seastorm]

Does anyone have a phone number for the right government department to ask this question. As for the in possession rule bought up by Trueblue what happens if I go to the shop and by a Snapper?

[timddo]

Firstly do you have a nsw license. Put in another way, you had a cast net on your boat leaving from the tweed river to catch bait in qld . I think it boils down to how many $$$ you have. Good lawyers can argue anything.

[trueblue]

Does anyone have a phone number for the right government department to ask this question. As for the in possession rule bought up by Trueblue what happens if I go to the shop and by a Snapper?

I think I remember a discussion from a while ago challenging if a purchased fish is still 'in possession'

I'd like to know the answer to that

[samson]

unless you have a VMS in your boat like the trawlers for tracking your movements you'll be fined even then its a in possession rule and they would book you already been through this with fisheries in the past being commercial in both states they said they would throw the book at me as the vms is the only sure fire way to know that you slowed down or stopped in the wrong waters for a fish.

[Gazza]

unless you have a VMS in your boat like the trawlers for tracking your movements you'll be fined even then its a in possession rule and they would book you

To:- Seastorm
As a RecFisho?......advise them you'll sue for Defamation/Slander , if they proceed with the "false allegation"

i.e. stand-up & put the onus squarely back on them to prove you're a criminal (in your court), you have gps "proof" to support you were there "time-stamped,etc" you have the upperhand. (i's dotted , t's crossed)

They were just @ the "QLD" ramp and accused/charged your name with stealing & lying without proof , just heresay.

my point is.....
IF you can be "pinged" in a NFZ,etc. with their GPS/landmarks to prove your "location"

SOOOO can you m8 , so can we ALL

[trueblue]

To:- Seastorm
As a RecFisho?......advise them you'll sue for Defamation/Slander , if they proceed with the "false allegation"

i.e. stand-up & put the onus squarely back on them to prove you're a criminal (in your court), you have gps "proof" to support you were there "time-stamped,etc" you have the upperhand. (i's dotted , t's crossed)

They were just @ the "QLD" ramp and accused/charged your name with stealing & lying without proof , just heresay.

my point is.....
IF you can be "pinged" in a NFZ,etc. with their GPS/landmarks to prove your "location"

SOOOO can you m8 , so can we ALL

good luck with that............

[Gazza]

trueblue...good luck on your "real" birthday of feb 29th

[finding_time]

I think I remember a discussion from a while ago challenging if a purchased fish is still 'in possession'

I'd like to know the answer to that

Mick

As long as you had your reciept of purchase you'll be fine! I remember the topic came up on here because at one stage there were heaps of 45cm Red Emperor being sold at Fisho's all over SEQ, They were caught in the NT and as such were legal but you wouldn't want to get caught with one if fisheries checked without a docket!!!

[trueblue]

Mick

As long as you had your reciept of purchase you'll be fine! I remember the topic came up on here because at one stage there were heaps of 45cm Red Emperor being sold at Fisho's all over SEQ, They were caught in the NT and as such were legal but you wouldn't want to get caught with one if fisheries checked without a docket!!!

Ok Ian, got that for the undersized ones caught in other states and sold in QLD...

But, what if you have a purchased red emporer in your freezer (with a receipt of course) and then good mate says come out and catch reddies - and you go out and catch your own bag limit of red emporers?

Is the purchased one part of your 'in possession' lot, or is it considered separate to your bag limit in possession?

just curious

cheers

Mick