BOAT SEIZED FOR ILLEGAL CALAMARI CATCHES

[hornet]

Unless the law states otherwise the catch limit is per person.

Now if one person catches the bag limit for all persons aboard, while all said persons are not actively catching their limit but are present... that is the question.

Is this lawful ? can fisheries enforce this ?

Is there a regulation to force a person to catch their own fish ?

Is there a regulation stating a person cannot give another angler surplus fish once reaching their bag limit ?

Seems a few grey areas here....

[Lightningx]

Raised some good questions there hornet!
I have always wondered about this as well!

[re-tyred]

No grey areas. You cannot catch fish for someone else. People have been booked here. Fisheries did an operation last year when the gummies were thick. They sat out there in an unmarked boat and videoed soon as they saw a person bring up their third gummy they moved in showed the video and issued an on the spot fine.
If you are at your limit you have two options. 1 stop fishing and watch your mates or 2 chuck your line back in and as soon as it gets hit tell your mate to grab it. Only do this if your mate does not have the max number of lines in. Also do not hook it up then give it to someone else. They can say you caught it and therefore it goes back or you are done.

[re-tyred]

Also they have targeted unlicenced people helping another person e.g. a child or pension card holder. If you even bait up the rig, then you are fishing . I have had to show my licence when being a decky on the charter boat as they said I must be helping others fish.

[hornet]

No grey areas. You cannot catch fish for someone else. People have been booked here. Fisheries did an operation last year when the gummies were thick. They sat out there in an unmarked boat and videoed soon as they saw a person bring up their third gummy they moved in showed the video and issued an on the spot fine.
If you are at your limit you have two options. 1 stop fishing and watch your mates or 2 chuck your line back in and as soon as it gets hit tell your mate to grab it. Only do this if your mate does not have the max number of lines in. Also do not hook it up then give it to someone else. They can say you caught it and therefore it goes back or you are done.

I suppose if you follow the letter of the law that will apply...
However in the real world that would be a rarity.

All the things you mention that are against the guide lines actually happen most of the time.

How many on this forum are guilty of doing any of the above stated by re-tyred that is against the guides ?

I would hazard a guess of 90% are guilty if not more. I know I'm guilty of giving away my catch at times to fishless anglers and kids on piers.

[re-tyred]

You can give part of your bag away provided you did not catch more than your limit.

[Bugatti]

That is exactly correct, re-tyred, as I make it too.

Same applys here in SA.

Law makers who make laws, namely Acts and Regulations (and the sort) write it accurately but buried in confusing "legal terms" and volumes and volumes of pages. These Acts & Regulations are rarely quoted exactly word for word, due to their confusing nature to the average citizen.

So certain departments, VFA being one of them, relay that law in "everyday" vocabulary to be better understood by the general population.

Unfortunately, it can be difficult to relay "laws" in everyday words and they also can get complacent. They understand the law AND read what they have written in a biased way as they already understand it anyway.

One such "confusion" that I noticed in the VFA is when they use the word "Possession Limit".

When they use it in "Bag limits", the word "Possession" means on your person (be it in your car too). But when used in certain species, "Possession Limit" means even in your home, freezer etc. They are using the same word for two different applications/meanings

A possible simple solution (which may sound odd because you are hearing it for the first time) is "Bag Limits"/"On your Person Limits" for what you are fishing for that day.

And

Leave "Possession Limits" for what you posses in total, including what you have at home.


Cheers Bugatti, who doesn't have even one Bugatti in his possession

[hornet]

I'm not questioning whether the guy is guilty or not he clearly is.. but I'm intrigued in the process of how the officers will present their case, also if his wife will be charged with any offence ? she was just an extra body in the boat to off load the extra fish onto, she wasn't actually fishing.

[hornet]

From the Victorian 2019 fishing guide:

Example 3 - bag limit for fishing or collecting in groups

John is collecting crabs with his family. The bag/possession limit is 1 litre not exceeding 30 crabs. John collects half his bag limit (15 crabs) and then collects another 15 crabs for his mother, Heather. John cannot collect any more crabs on this day because he has taken his bag limit, even though he chose to give some to Heather. Heather collected 15 crabs on her own, and with the additional 15 crabs John gave her, Heather has reached her daily possession limit. Heather must not keep any more crabs

So It would seem it's the amount you catch NOT the amount you keep as per the example on the Vic fishing guide. interesting...

As Bugs said Bag and Possession limits are two different things,,, and so is individual perception of these two words.

However... when in a boat out of fisheries sight this can be floored, those that have their limit can keep fishing for the others that have not reached their limit yet and adding to their bag until they reach their limit... Unless fisheries is filming all this then your screwed.

[denis barden]

Ha Ha Ha -Hope u loose Fush,Gear and Boat
Good work fisheries