GBRMPA out to bag fishers

[fishingjew]

GBRMPA out to bag fishers
SPECIAL REPORT by DANIEL BATEMAN
28oct06
RECREATIONAL fishermen are being treated as criminals after they were caught accidentally fishing in Great Barrier Reef Marine Park green zones.

The Great Barrier Reef Marine Park Authority says that fishing, unknowingly or not, is not allowed within a green zone.

Recreational fishermen, who have been caught fishing in green zones, under the Great Barrier Reef Marine Park Act 1975, are heavily fined and have convictions recorded against them.

Despite the recent review of GBRMPA recommending the regulations be updated with more modern enforcement options such as civil penalties rather than criminal prosecution, both GBRMPA and Minister for Environment Ian Campbell believe the penalties should stay.

Statistics from GBRMPA reveal that between June 2005 and July 2006, of the 93 fishermen who appeared before a magistrate, only three, who were found guilty, had no conviction recorded and no penalty.

The average fine for a recreational fisherman is between $2000 to $3000.

Those convicted have included:

• A grandfather who took his grandson fishing, who claimed not to understand the zones and thought he was in the right spot to fish. They did not catch anything.

• A man who had just moved to Townsville from Torres Strait who claimed he had no idea about the marine zones.

• A man teaching three children to spearfish, who did not see warning signs at the boat ramp because he claimed it was too busy.

• A passenger on board a boat, whose skipper claimed he had accidentally plotted the wrong course.

• A once-a-year fisherman, who had fished the same spot for seven years, who had an out-of-date map.

An industry source said other people convicted for the offence have admitted to becoming suicidal at having their lives destroyed by having a criminal record.

In a letter leaked to the Townsville Bulletin, the Department of Public Prosecutions describes to the GBRMPA how a conviction under the Great Barrier Reef Marine Park Act could affect a person's career.

Assistant director of Townsville Public Prosecutions Gary Davey wrote to GBRMPA director of operations Mick Bishop earlier this year that convictions often needed to be disclosed for employment applications and overseas visas.

"I have been told about questions by organisations required persons to disclose any appearances before a court, whether convicted or otherwise, and insurance companies regularly ask questions directed to whether a person has had a traffic infringement notice (ticket)," Mr Davey wrote.

"There is nothing to stop these organisations extending questions to ticket offences under Great Barrier Reef Marine Park legislation."

In the review earlier this month of the Great Barrier Reef Marine Park Act 1975, the review panel recommended the investigation, enforcement and offence provisions of the act be reviewed and updated in light of the importance of effective and efficient enforcement in the future.

The panel notes the absence of a number of modern enforcement options, such as civil penalties as an alternative to criminal prosecution.

Sunfish is making an application to have the legislation rectified by the Federal Government.

Sunfish North Queensland executive officer Brian Pickup (pictured) described the legislation as a grave injustice.

"Driving under the influence (of liquor) is not a criminal offence, yet being caught in a green and or a yellow zone is classified as a criminal offence," Mr Pickup said.

"It's over the top. Yes, the fines do represent that it's a fisheries resource out there, but the imposition of having a criminal offence is going to affect a lot of people's job opportunities, and they have to explain why they have a criminal conviction."

GBRMPA chairwoman Virginia Chadwick was not available for comment, but in a statement given to the Bulletin, a spokeswoman for the authority said they had a responsibility to administer the Act.

"The magistrates bases his/her decision on various factors that could include whether the offender has had previous convictions, whether they are regular user of the marine park, if they had made reasonable attempts to find out the zoning requirements and so forth," the statement read.

"Each has circumstances specific to that case and the magistrate will consider all of these circumstances when deciding on an appropriate penalty."

Federal Minister for Environment and Heritage Senator Ian Campbell said he was aware of community concerns over the penalties, and was always looking at way of ensuring fairness in the system.

Mr Campbell said the current penalty system reflected the critical need to ensure sections of the reef remained intact to ensure its survival.

"As with all systems of penalties there needs to be a balance between providing an effective deterrent and adversely affecting people who mistakenly break the law," he said.

"As part of the most recent rezoning of the sections of the reef, the Government simplified the boundaries of the green zones to allow them to be more easily identified."


Well gone are the days of land based marks especially near green zones one must carry up to date maps have a gps on board and know how to use em one must feel sorry for the older Generation whos knowledge of these spots now lie now within these zones? And if they do deicide to go fishing and are in the wrong spot a hefty fine to deal with on there pension and maybe a criminal conviction.

[Gazza]

The average fine for a recreational fisherman is between $2000 to $3000

What's the fine based-on

One days salary of some beak ??, or some other relevant comparison >

Just asking...... anybody know "what part" of the Act needs changing , so justice is fair instead of RIDICULOUS.

[hungry6]

LMAO, a recorded criminal conviction for fishing in the wrong areas?, Just show stupidity goes righ to the top!!!
Just for the record, if you have a criminal record, you aren't going to be visiting about 75% of the countries around the world, you are also going to get really busy with the current ASICs laws, if you own a company. Forget about going for a commercial loan of any sizeable sum, and the lists goes on from there!!!
I can understand if the person convicted was a serial offender within that area, but for a first time offense, does raise the question of discrepancies in punnishment of the legal system.

[nonibbles]

Ticketing system would much more efficient and sensible.

[thehoodedwarriors]

load of crap comes to mind - he did'nt have a trawler our or a cast net

bloody hell!!

where will it end??