The following is a press release/magazine article which will be released on Thursday immediately following an annoucement by Senator Boswell and MLA Warren Entcsh.....just say..you heard it here first on Ausfish and it represents one of the best outcomes TFPQ has yet had in its ongoing relationship with Government. A victory for common sense, a victory for recreational fishing and a clear demonstration that playing in the "main game" can actually make a difference.......a law has been changed!!
Green Zone Rule Changes
The Fishing Party (Qld) applauded the announcement by the Federal Government on 14th December of significant changes to the rules pertaining to recreational fishing in the Great Barrier Reef Marine Park.
“The issue of breeches being deemed an offence under the Commonwealth criminal code and as such resulting in some 300 ordinary Australian citizens now having criminal records has been a hobby horse for our party for some time”, said party chairman Kevin Collins.
Lengthy negotiations with Government has now resulted in the offence being downgraded to “infringement” status which will carry an “on the spot” fine but NOT a criminal conviction.
This is a victory for common sense. Surely the intent of the legislation was not to make criminals of ordinary recreational fishers. If monetary deterrent is not enough to stop large scale commercial exploitation then criminality is probably needed, but in the case of recreational fishers the vast majority of breeches that have occurred have been as a result of navigation error or plain ignorance of zoning boundaries.
“This should always have been, in essence, a parking ticket, not a criminal offence”
[size=20]Green zone infringement prosecutions on the Great Barrier Reef may also have been technically flawed and could result in the Government having to pay back fines and revoke the criminal convictions recorded on some 300 residents[/size].
This was raised with Government on Thursday 7th December and the subsequent response was to change the law 7 days later.
Citizens appearing on charges of Marine Park zoning breeches have been bullied into pleading guilty by a system, which threatens the full weight of the potential fines. It took 1 person brave enough to test the validity of the Authorities evidence and it has changed the law.
Background.
The GBRMPA introduced a rezoning of the GBR in July 04, which resulted in 33% of the marine park being deemed no fishing zones.
Some 300 recreational fishers have since been breeched and taken to court with the majority of defendants being fined on average $2000 and all but 2 of the defendants receiving criminal convictions. Qld magistrates have taken a position at law which determines a criminal conviction for an offence under a commonwealth crimes act is mandatory except in rare cases when an s19B order is made (offence proven but no conviction recorded).
The Fishing Party (Qld) has driven a campaign against the mandatory criminal conviction process arguing this should be an on the spot fine, aka a parking ticket and not a criminal offence with the social ramifications for people convicted.
In the vast majority of cases breeches are a result of ignorance, human error or navigation knowledge NOT deliberate acts. These are parking tickets in areas where no parking signs exist to warn users.
The Federal Minister for Environment feels “that the current penalties for recreational green zone infringements are fair and equitable”…as we are advised by. Peter Colacino – Adviser Senator Ian Campbell’s office
The GBRMPA and its enforcement agencies, QPWS & Boating & Fisheries have to this point used GPS information to determine the location of a vessel and then transfixed this data onto a GBRMPA zoning map.
A case before the Cairns Magistrates court on 8th December 2006 was to test the validity of the use of this data and the use of these maps.
It is the position of the defendant, with the support of The Fishing Party (Qld) that GPS data is potentially inaccurate and the GBRMPA knows this to be the case.
The Australian Maritime Safety Authority does not allow the use of GPS data as a sole means of fixing a position.
In WA a vessel named “MV True North” grounded while using GPS as the sole means of fixing a position and AMSA prosecuted and convicted the vessel skipper for failing to maintain a proper lookout.
The “warm up screen” on all GPS units warn users “this devise is an aid to navigation only & not to be used for navigation purposes”.
The manufactures of GSP units will confirm that the units can be relied on for accuracy at no greater than 95% of operating time.
A US military study that mounted a GPS unit on a building has data, which indicated that during a 24-hour period the building is logged to have actually moved 800 meters at a speed of 12 knots during an 11-minute period.
There is a direct correlation between GPS data being used to prosecute marine park users and police using speed cameras. The difference being the marine park Authority actual knows their data is prone to error while police often do not.
Further to the GPS data the measurements are then translocated onto a GBRMPA zoning map. A map clearly marked as “Not to be used for navigation purposes”, the ONLY map allowed to be used for marine navigation is an official hydrographers chart.
When the evidence was put before the Department of Public Prosecution at a pre trail hearing on Wednesday 7th December the DPP withdrew from the case and withdrew charges from the defendant.
The Issues.
A law exists within Australia, which is making criminals of ordinary citizens who often make a mistake of ignorance. This is in a time when many citizens are at odds with a judicial system, which orders “no criminal conviction” be recorded for many offences, which the majority of people consider serious crimes.
The authorities use a piece of equipment, which they know to be inaccurate to determine a defendant’s location. The governing body on marine issues (AMSA) know it to be inaccurate. The manufacturers know it to be inaccurate and the units themselves warn users that they cannot be relied on.
The authorities then transpose this data onto a map, which they themselves produce and which carries a warning to all users that it is not to be used for navigation purposes.
[size=18]If this issue was determined in a court of law in favour of the defendant an opportunity may have existed for all people convicted of offences, which relied on GPS data and GBRMPA maps to enter an action to have fines and convictions overturned. The DDP withdrew from the case rather than allow the matter to be tested at law.[/size]
The court case in Cairns on December 8th was testing this issue.
“We are aware the Federal Government is looking into what can be done regarding the people who already have convictions. Any person who has a conviction should contact The Fishing Party (Qld) for information.”
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