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Congratulations to The Fishing Party. This is a great outcome for recreational fishers.
Jeremy
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.”
Congratulations to The Fishing Party. This is a great outcome for recreational fishers.
Jeremy
"The underlying spirit of angling is that the skill of the angler is pitted against the instinct and strength of the fish and the latter is entitled to an even chance for it's life."
(Quotation from the rules of the Tuna Club Avalon, Santa Catalina, U.S.A.)
Apathy is the enemy
I agree, this is indeed a victory for rec fishers, The Fishing Party and their close association with Federal Ministers Senator Boswell and MLA Warren Entcsh. #Congratulations to everyone who fought so hard to overturn the injustice of inappropriate penalties in relation to Green Zones. #Here’s hoping the States also take notice and we can see a flow on effect of appropriate penalties and responsible management for Marine Parks other than the GBR.
Regards
Shane Boese
This will be a good result. It has also been an issue raised by other groups along the GBR in addition to TFPQ.
I would like to thank groups including the LMACs who have been aware of this issue for some time.
It's good to see GBRMPA respond to this issue, regardless of who wants to take the credit.
Surprisingly in our area we haven't had any major concerns with GBRMPA and have worked well together for the last few years.
Congratulations to all who worked to make this happen!
Graham the GBRMPA did not change this law. The Government did. GBRMPA have consistantly said the existing penalties are "fair". MLA for Townsville Peter Lindsay has also called the penalties fair and so too has the Environment minister.
They have all been caught with their pants down. As soon as we exposed the flaw in the evidence relating to green zone breeches things are done in a week when it should have been done months ago.
This issue is a long way from over. Next comes the revoking of criminal convictions and then we have another even bigger fish to fry.
I have personally sat on LMAC's almost for as long as they have been in existence and resigned during RAP in disgust at the attitude of GBRMPA from LMAC recommendation.
TFPQ was borne of this disgust for the existing system.
If you are having a better run then all power to you but just to again make it REALLY clear.
GBRMPA has had NOTHING to do with changing this law, in fact they are actively oppossed to it. LMAC input has, once again, fallen on deaf ears.
Sorry if I sound a bit bitter and twisted, it is just that I am a bit bitter and twisted
Regards
KC
Well done Kev!!
Another step forward.
Regards...Tony
From Townsville Bulletin
Reeling with joy
By DANIEL BATEMAN
14dec06
FISHERMEN will land a historic win today against laws that saw them treated like criminals after accidentally fishing in the wrong spots on the Great Barrier Reef.
The fishing industry has been awash with news of the announcement of changes to the penalty system that saw fishermen mistakenly caught fishing in green zones heavily fined and then handed criminal records.
The announcement will be made by Queensland Senator Ron Boswell and Leichhardt MP Warren Entsch, who have been negotiating a change to the Great Barrier Reef Marine Park Authority's (GBRMPA) penalty system with Environment Minister Ian Campbell.
It is understood the legislation will be altered in a way that people caught illegally fishing in green zones – accidentally or not – will be issued an infringement notice carrying an on-the-spot fine rather than a criminal offence.
The change to the legislation is believed to have stemmed from a recent court case that successfully argued a Global Positioning System (GPS) could not be used to determine the location of a vessel.
In October, the Townsville Bulletin revealed 97 per cent of fishermen brought before a judge for green zones offences between June last year and July this year received hefty fines and a criminal conviction.
Fishermen yesterday were already celebrating victory.
"We think it's a victory for common sense," said Queensland Fishing Party chairman Kevin Collins.
"The Townsville Bulletin highlighted the inequity of this whole issue when it ran that story some months ago.
"The Government's been aware of this issue for six months or more."
Mr Collins said if passed, the legislation could allow fishermen to have their convictions overturned.
"There's clearly an issue in the evidence that was used by GBRMPA to convict people in the first place, particularly the evidence as it relates to GPS data and the marine park authority maps," he said.
Pleasure Marine's Steve Todeschini said the announcement would be a landmark win for fishermen against the Government.
"The law, as it stands, is just like parking on the other side of a sign and crossing an imaginary line and getting a criminal record for it," Mr Todeschini said.
Kc,
Congrats for your efforts on the rule change, but let me assure you I have firsthand face to face info that many within GBRMPA WERE in favour of this change.
I am always surprised how people's experiences with GBRMPA can be so different. I don't see them as the Anti-Christ.
WOW your post KC sent a shiver down my spine, it's almost unheard of these day for the bastards to back down, shame there was no precedent in law, the bastards win there as is usual but what a great result and proves just how fast base decency can come to the fore when it's the bastards neck near a noose and not simply another lone and defenceless citizen lost within a stacked legal system.
cheers fnq
The fact the DDP backed off before it got to court does give them an "out" as the issue of the admissibility of GPS data has still not been tested at law. Still, a win is a win is a win. Next is working through the process of having criminal records voided. We have not, nor will not, be seeking the return of fines already imposed. This will be up to individuals to pursue if they feel so inclined
What this issue does demonstate however is that a just cause, supported by the political will can achieve outcomes that a simple "just cause" can not.
A little as 3 weeks ago Federal members for Townsville and Environment Minister were both saying the law, as it stood, was fair.
It should be acknowledged that this issue was championed on our behalf by Senator Boswell and MLA Warren Entchs............the difference being TFPQ has a direct link to Government and one on one relationship with both these 2 MPs and a number of others.
It has also, during the last 3 weeks had discussions and or one on one meetings with senior politicians from all sides as they start the preferencing games for the 2007 elections.
Game on!!KC
So do we vote Liberal or Fishing Party ????
I think I'll give the latter the a go this time round.
Ta.
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