hypothetically speaking
Submitted by grayzeee on Wed, 2012-10-10 20:44
If you were to head out for an evening fish this sunday the 14th (last day before the ban), and return to the ramp with your dhu in the esky, say after midnight , do you think you'd get pinged for it?
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If I spent half as long fishing , as I do reading this bloody forum , I'd be twice the fisherman I am.
chris raff
Posts: 3257
Date Joined: 09/02/10
No
unless they could prove you caught it after midnight...
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Paul H
Posts: 2104
Date Joined: 18/01/07
I asumme the onus of proof
I asumme the onus of proof would likely be on fisheries - That being said if i were planning that I'd be making sure I had proof (boat ramp ticket etc) that I was out long enough before the ban commenced to have caught them. and wouldn't be pushing the return time beyond midnight too much (ie noon or 3pm the next day might be pushing it).
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Paul H
Posts: 2104
Date Joined: 18/01/07
After seeing section B below
After seeing section B below I'd be in before midnight.
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SABRE
Posts: 404
Date Joined: 17/05/12
Proof
Knowing government departments i would think the ouns is on you to prove it was caught before 12. Personally i wouldn't be risking it ??
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Walfootrot
Posts: 1385
Date Joined: 23/07/12
It states that you can not
It states that you can not take or land fish during the ban.
I read that as you must be at the ramp by midnight 14-10-12,
thats the way I read it, as sabre said... wouldn't risk it
More drum lines, kill the bloody sharks!
Spinnerak
Posts: 521
Date Joined: 03/04/10
Aslong as it's in the boat
Aslong as it's in the boat by midnight that's fine.
If you have a camera which records the date/time of the capture then that would be a source of proof i geuss??
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little johnny
Posts: 5363
Date Joined: 04/12/11
get done for sure
wouldnt risk it..anytime after midnight
chris raff
Posts: 3257
Date Joined: 09/02/10
Land Fish
that sorta makes it a bit tricky ...I wonder if the definition is land on boat or bring on land..I presume the latter ...would be a interesting court case, a $10000 a day lawyer would get you off maybe
“Intelligence is like a four-wheel drive. It only allows you to get stuck in more remote places.”
Starbug
Posts: 563
Date Joined: 27/08/09
Taken from the
Taken from the legislation.
(2) During the closed season a person must not —
(a) fish for demersal scalefish in the West Coast Region; or
(b) be in possession of demersal scalefish on a boat in the
waters of the West Coast Region; or
(c) bring onto land in the West Coast Region any demersal
scalefish.
Penalty: For a first offence a fine of $5 000 or, for a second or
subsequent offence, a fine of $10 000 and, for any offence,
the penalty provided in section 222 of the Act.
So durng the ban you canot fish/target them, be in possession, or bring them onto land.
Pretty straight forward.
grayzeee
Posts: 2283
Date Joined: 09/07/09
Certainly is.Didn't see that
Certainly is.
Didn't see that info
If I spent half as long fishing , as I do reading this bloody forum , I'd be twice the fisherman I am.
Starbug
Posts: 563
Date Joined: 27/08/09
The legislation always has
The legislation always has more detail than the glossy pamphlets and media releases.
Here's the url for your reference. Regulation 45 I think.
http://www.slp.wa.gov.au/legislation/statutes.nsf/main_mrtitle_1458_homepage.html
niloc1984
Posts: 41
Date Joined: 08/10/12
Sorry guys, this may sound
Sorry guys, this may sound like a stupid question but what ban is there in perth from the 14th? This is my first year with a boat big enough to get me out fishing
sea-kem
Posts: 15100
Date Joined: 30/11/09
That's pretty clear cut with
That's pretty clear cut with no grey areas. Niloc there is a two month ban on the capture or fishing for demersal specie fish. IE Dhuies,Snapper etc. If you google West Aus fisheries you'll find it there.
Love the West!
meglodon
Posts: 5981
Date Joined: 17/06/10
i wouldn't chance it
starbug and and walfotrot have pretty much spelt out the way it is, do you really want to test the wording of the law in court, it could turn out to be a hell of an expencive fishing trip
JohnF
Posts: 2841
Date Joined: 07/07/10
Good to see the legislation
Good to see the legislation is clear that you also can't fish for demersals during the ban....that is, you can not plan to catch and release demersals. This query came up last year, it now looks very clear cut, which is good, because I am sure a percentage of released fish still die, so best just to give demersals a total break and target pelagics and whiting during the ban.
Boston Whaler 235 Conquest......getting the flogging it was built for.
Walfootrot
Posts: 1385
Date Joined: 23/07/12
Problem I have is when
Problem I have is when fishing for KG's, I still catch Dhu, BB, Baldies....
Just use lighter gear, so the fish swim back ok.
More drum lines, kill the bloody sharks!
Georgejungle
Posts: 354
Date Joined: 25/03/09
yes fish must be landed
yes fish must be landed before midnight. That is tied up to a marina (land)not landed on your deck in the middle of the ocean.Asothers have said why risk it you could be the first to be made a scapegoat of
catchalittle
Posts: 1875
Date Joined: 04/09/08
not that the tuna or macks
not that the tuna or macks will be in till the water warms up a bit
Nathan
choc
Posts: 670
Date Joined: 05/01/12
We have ten months a year of
We have ten months a year of catching these fish,why leave it to the last night.
grayzeee
Posts: 2283
Date Joined: 09/07/09
Well , it all depends on the
Well , it all depends on the weather as to whether you can go, and I like to go as often as I possibly can.
If that means the last arvo before the ban , so be it. (especially if freezer looks a little empty)
Up until today , I had hopes that tomorrow afternoon/eve would be do-able as the winds looked to drop off. highly unlikely now.
If I spent half as long fishing , as I do reading this bloody forum , I'd be twice the fisherman I am.