Conviction for fishing plain unfair

[BAIT_MAN]

Conviction for fishing plain unfair

28oct06
IT'S a bit like using a sledgehammer to crack a nut. But in usual bureaucratic fashion, GBRMPA is clinging to its unfair and unrealistic green zone penalties like its very existence depends upon it. When the green zone laws were drafted it is difficult to believe that its authors had ordinary fishermen in their sights.



And if they did, then they should not have been trusted with the task of drafting legislation designed to protect our fish stocks. It is more likely that in their haste to prepare laws which had enough teeth to make a difference, they did not consider the potential for the legislation to catch out far too many small players in the fishing industry and brand them social outcasts.

The story of Fred Maccarone and his grandson is a perfect – but not isolated – illustration of what is wrong with the laws.

The 77-year-old Kurrimine Beach grandfather was nabbed by a spy camera in a plane fishing inadvertently in a green zone.

Fred does not dispute that he was in the wrong, he's prepared to cop that and the fine that comes with it. But in line with the legislation, a criminal conviction was recorded against him and his previously unblemished past has been tainted forever. What makes matters worse is that he didn't even catch anything – and that only serves to make the conviction even more ridiculous. Industry experts say Fred is one of hundreds of fishers who are in the same boat.

Our special report today includes similar tales of misfortune. And the response from GBRMPA? Essentially, it was bad luck, buddy.

The law is the law. But what if the law is an ass? The legal fraternity has asked for the stiff sentences to be reconsidered but the recent review of the green zone legislation and GBRMPA itself did not make any changes to the penalties.

Federal Environment Minister Senator Ian Campbell said there had to be a balance between penalties as a deterrent and system that was fair, but that clearly does not exist right now. No one denies the need to protect fish stocks but a criminal conviction for a first offence or a misdemeanor breach by a small-time recreational fisherman is over-the-top.

It is little wonder that we have seen the birth of the Fishing Party and its 'We fish and we vote' bumper stickers. Maybe a few more anglers need to join the cause.

[billfisher]

What are they protecting the fish stocks from? Dr Walter Starck (a renown coral reef expert) says that for all the good the GBRMPA and its green zones do they might as well be managing the moon. The reef was being harvested at a rate of 9 kg per square km per year. 7000 kg is regarded as sustainable for reefs overseas. Even a conservation organisation regards 4000kg as sustainable.

The effect of green or no take zones was studied on the GBR for 14 years (Mapstone study) and they found no significant increase in fish size or numbers in the no take zones. Even if there was a difference it would not by itself justify the green zones given the light fishing pressure and little doubt that stocks were being replenished.

Word is that we got the park as part of a deal done by the Howard gov. with the Democrats to get the GST passed.

[redspeckle]

As Shane explains You get caught fishing or accidentally drift into a green zone you get a criminal record and a hefty fine on one hand
But on the other hand the illegal boat fishing people who rape and pillage our water of fish stocks and when they get caught this is what they get 3 feeds a day roof over there heads and paid flight home and get treated better than we do
This is wrong and have to change the legislation on this and the way to do this is change you vote a next Federal Election

To further add this I haven't seen any of the Green or Marine Convservation Society out in there boats and protesting against this illegal fishing in Australian waters but they do for the bigger marine creatures like whales so what the difference [smiley=huh2.gif]

Mitch

[Obi___Wan]

Asolutely Disgraceful!!!!!!!!!!!! and a criminal record!!!!! that is just bloody buls**t. This legislation must be thrown out and the clowns that introduced it tarred and feathered and run out of office

Can the findings of Dr Walter Starck be posted, should be very interesting.

I have had some discussion with a marine biologist who worked on the reef for many years and he is very much against what they have done (GBRMPA) HE SAYS THEIR RESEARCH IS NOTHING BUT CRAP!

Shane, can you PM the details on how to join up?

OBI_WAN

[Kendall249]

If this story can be taken at face value then I agree its disgraceful, though I think there must be more to that story. If it is the same stiry I saw, then the bloke suposedly used GPS to mark the course, then the only mathematical cr*p would be to change co-ordinates if the GPS datum were different to the chart datum. It dosen't make sense.

In regards to the research that went into the new zonings, is that SCIENCE AND POLITICS DON'T GO HAND IN HAND!!!!!!!. If they do be worried.

[hussy]

fred,get caught fishing in a no fishing zone,even if you caught nothing, the intent was there, and the sneaky way you went about it, sounds to me like you got what you deserve. we may not agree with the laws but they must be followed or take the cosequences. hubby


ps, and a fine example to set for your grandson

[billfisher]

You will find some of the info. I quoted here:

http://www.goldendolphin.com/

[peterbo3]

The Law. Just because it is the Law doesn't mean it is right. > >
The Nazis enacted laws in Germany that allowed the property of Jews to seized. Was that Law right?
The Qld Govt recently changed the Law to protect Ministers if they lied before a commitee. Was that Law right?
GBRMPA excise 30% of the reef because the Law says they can. Was that Law right? Not according to most on this board anyway.
When Laws are fair they are good. When they are bad they are terrible & the originators should put their head into a four gallon drum of water three times but only pull it out twice.

[BAIT_MAN]

The Law. Just because it is the Law doesn't mean it is right. > >
The Nazis enacted laws in Germany that allowed the property of Jews to seized. Was that Law right?
The Qld Govt recently changed the Law to protect Ministers if they lied before a commitee. Was that Law right?
GBRMPA excise 30% of the reef because the Law says they can. Was that Law right? Not according to most on this board anyway.
When Laws are fair they are good. When they are bad they are terrible & the originators should put their head into a four gallon drum of water three times but only pull it out twice.

Amen to that mate

[lunatic]

G'day fellow Ausfishers,
I agree, this penalty is a disgrace. I believe that we need fisheries management, but not by closing down 50% of the bay to all fishing. With the impending Bay review coming up now is the time for action, and for us (the collective fishing community) to make as much noise as possible to bring attention to this issue. We have to show the powers to be that we have the numbers, a voice, and the votes to make a difference. We must show them that we cannot be ignored.
Cheers,
Lunatic

[billfisher]

In Byron Bay the locals call the Marine Park rangers the "kharki nazis" or the "fun police". Civil disobedience is rife! There is hardly a marine park sign left standing and locals regularly fish sanctuary zones. The rangers are that intimidated that they are yet to fine anyone.

[nonibbles]

Interestingly, this crap extends to other civil freedoms. If you are given a criminal record, it will effect job applications as a criminal search is a standard employment rquisite in many industries.
You will also incur travel restrictions.
Yet, as the report goes on to say, I can drink drive, get caught, have my day infront of the magistrate and be free to do it all again without fear of a conviction and its sequellae.
With this in mind would you feel at all comfortable allowing your kids to go fishing with their mates? Another of the social infringements caused by extremist conservationist lock it all up policy.

[seatime]

From what I have been told, GBRMPA have use of Coastwatch aircraft, Customs vessels to do their spying, they also employed ex-armed forces and ex-police personnel to bolster their ranks.

Sounds a lot like a facist regime to me!!!

The sooner they have their funding cut and their knees capped the better.

Down with GBRMPA facists.

[Kendall249]

I read in the t'vlle bullt that there was a tender for people with 9-12m boat to perform surveilance on no-take zones on the reef. Never heard anymore about it.

[smee]

Can anybody tell me if you have a line in the water are you fishing or do you have to have a fish on the line. If this guy caught no fish was he fishing.

regards smee