Crayfish Rules Interpretation
Submitted by Pembo on Thu, 2017-11-30 11:07
I just want to confirm my understanding of the crayfishing rules. The following scenario is based on three licenced people on one boat all with two pots out:
- Maximum crays taken from any one pot is 8 (based on the pot being alligned to a licence and that licence can only be in posession of eight crays per day)
- If 8 crays are taken in the first pot then that license's second pot should not be pulled.
- If the second pot alligned to that licence is pulled to be rebaited, then any crays inside need to be released.
- Second licence pulls both of their pots and only get 6 sized crays
- Third licence pulls both pots and there are 10 sized crays in total
- Only 8 crays may be kept and the rest released prior to returng the pots to the water
In this scenario the three cray fisherman didn't bag out and only got 22 crays to bring back in.
Can you please confirm if my intepretation is correct?
Cheers
Pembo
Tom M
Posts: 661
Date Joined: 22/09/15
Just spoke to Recfish and
Just spoke to Recfish and believe it or not they are seeking some clarification around the questions above, in particular the number of crays you can take from 1 pot if 2 or 3 license holders are in the boat. Wait with anticipation on this.
The rules are confusing as it says clearly though "your" limit per license is 8 it is not that clear on how many you can take ffrom a pot because it goes on to say must release all crays in excess of "the" bag limit.
Tom M
ranmar850
Posts: 2702
Date Joined: 12/08/12
That would be correct
You can't get 24 from your first pot, with three licences aboard with six pots in the water, and call it a day. Unfortunately. The scenario you have described above is quite correct, according to my reading of the rules. However, there is, to me a slightly grey area in this. Maybe grey is a bad word, "it does not specifically state it" would be a better description. By my reading, if you are sharing pots with someone, within the rules, and both fishermen sharing are on board, you can bring home 16 from your two shared pots. You can only do this if you are both on board.But the overall boat limit is still 24. So you can bring in 24 from 4 pots, if two of them are shared, and both those licenced person sharing are on board at the time.
www.fish.wa.gov.au/Documents/recreational_fishing/licences/rec_licence_rock_lobster.pdf
PJim
Posts: 200
Date Joined: 26/04/11
You can pull 16 from 1 pot if
You can pull 16 from 1 pot if it is a shared pot and both licence holders are on board
quadfisher
Posts: 1146
Date Joined: 28/09/10
Go catch crabs! ( the edible ones!)
Yeah this sort of thing being mentioned before , but to do with dhus or crabs etc.
As in two guys with scoops or two guys 1 scoop , no lics required cause there not using a boat , but both are activly fishing , but one guy scoops
6 , the other fitter , faster guy gets 14 , they bring in 20 , still legal?.. ( there 10 each bag limit and not returned to water asap. i.e TAKEN.)
Lets face it . our once relatively simple and relaxed pastime has become a minefield , that reqs phone calls, emails and untested legal points of view
before going out for a relaxing day.
Will await the clarification, while enjoying my frozen fish fingers from vietnam !!
quadfisher
stricko
Posts: 227
Date Joined: 10/05/10
Considering us recs only get
Considering us recs only get 5%of the tac and we still haven't achieved that yet the fact that fisheries want to piss around with the wording of the regs trying to make criminals of people who are just out to have a good time and enjoy their resource and it ours not their's when there job first and foremost is fish management and protecting our resource and this has nothing to do with either.
Bodie
Posts: 3758
Date Joined: 05/11/07
can someone point out in
can someone point out in these rules where is SPECIFICALLY states you can only take 8 crays from your licensed pot only? im struggling to find it
This is all i found, key word 'the'
sea-kem
Posts: 15031
Date Joined: 30/11/09
I have found out recently
I have found out recently that in the act you can keep excess crays in your pot as long as they have not been removed, so basically you can drop them down again for next time. If your pot is shared then both licence holders for that pot can take 16 crays (if there's that many in there).
Love the West!
Pembo
Posts: 67
Date Joined: 16/12/11
My Rationale for the 8 Crays per Pot
My rationale for the 8 crays per pot is based on - Only the licence holder can pull their pot.
By extrapolation I interpret this to mean 8 is the maximum from any one pot. It would then render the other pot redundant in that day, because if you pulled it and had crays you would be forced to free any crays (effectively meaning you couldn't re bait).
Apologies that it seems I am being pedantic and anal (and should just use common sense because the intent of the regs should be eveident) but seeing how fisheries apply rules (eg Brett Carter) I wouldn't want to be causght out.
DTrain
Posts: 486
Date Joined: 10/02/12
Couldn't you argue that once
Couldn't you argue that once the pot has been 'pulled' anyone onboard can then 'take' the crays and count them towards their individual licenses?
There was a guy here on fishwrecked who took their dad out cray fishing and bagged out on the first pot 16 crays. They told fisheries about it at the ramp and received a fine.
If they hadn't said anything no one would have known. If in doubt always better not to say anything to fisheries. It's a sad state of affairs, but if fisheries are going to be pedantic about grey areas in the rules, then people are going to become more and more hostile when they see them.
JohnF
Posts: 2839
Date Joined: 07/07/10
Funny, we have not come
Funny, we have not come across this problem.
We have been getting exactly 4 crays in each of the 6 pots we pull each morning....its uncanny.
Boston Whaler 235 Conquest......getting the flogging it was built for.
D_d_001
Posts: 1522
Date Joined: 09/03/13
looking for the "like" button
looking for the "like" button, cos that's exactly what happens to us. now that IS uncanny
bsir
Posts: 574
Date Joined: 24/04/11
Funny
The same happens when we dive. Exactly 8 each......
randall df223
Posts: 6454
Date Joined: 08/08/11
If a shared pot is jointly
If a shared pot is jointly pulled to the surface by the joint licences holders, both have pulled the pot and should be able to take 16 crays from the one pot.
If a third licence holder is on board and a second pot bearing that licence id is pulled by that licence holder, then that person can take 8 crays from that pot. Boat limit (24) reached from 2 pots / 3 licences.
Fish! HARD!
PJim
Posts: 200
Date Joined: 26/04/11
If the pot is shared and both
If the pot is shared and both licence holders on board they can take both bag limits from one pot
sea-kem
Posts: 15031
Date Joined: 30/11/09
That's pretty well what he's
That's pretty well what he's said.
Love the West!
uncle
Posts: 9497
Date Joined: 10/02/07
Yep you don't need to explain
If you have your 24 legal crays.thats what your entitled to.you tell the man 3 licenses we have our 24. Might be different if their been spying on you.
all aggressive fish love bigjohnsjigs
meglodon
Posts: 5981
Date Joined: 17/06/10
Agree with that interpretation
I agree with the interpretation you have posted randall df223. I hope that is the right interpretation as that is the way I read it.It is my sincere hope that this enjoyable leisure activity does not turn into something that you have to have a Harvard law degree to undertake. It would be a very sad day for all if we let scoring points of law become a pass time for all who undertake this wonderful fun and enjoyable activity.
Bodie
Posts: 3758
Date Joined: 05/11/07
Im with John... dont have
Im with John... dont have that problem, 4 crays a pot.
But the question still remains, where in that link does it state your 8 crays must come from your own pots (not 16 from the first pot if 2 licenses onboard)
It states legal limit and release the rest, no comment on 8 form each individuals pots.
little johnny
Posts: 5362
Date Joined: 04/12/11
Pjim
On money. 16 max per pot.( Shared pot). My interpretation of so called rules.
ranmar850
Posts: 2702
Date Joined: 12/08/12
beware the drones
They are using drones as one of their weapons now to surveille and help get these convictions we applaud, but you could be unlucky, be under watch without knowing it. Get your 3 person quota from 1 or two pots, come in, be questioned, state you pulled all your pots--"no you didn't and we have video evidence" Am I paranoid? Not really, I know of a bloke who was met by Fsheries at the ramp, and they told him just what he had been up to that morning, how many pots he had pulled, and they had used their drone to do it. Luckily, he was all kosher. This was out of Little bay, north of Horrocks, last season. You'd have to be unlucky with the sheer volume of boats out there, of course...
little johnny
Posts: 5362
Date Joined: 04/12/11
Sling shot
Sorts drones out.
meglodon
Posts: 5981
Date Joined: 17/06/10
Shotgun
I thought I was being attacked by an alien.
just joking of course.
dano83
Posts: 790
Date Joined: 25/05/12
Apparently, im not sure if
Apparently, im not sure if this is true or not. but taking a shot a a drone is just as serious offence at taking a shot at a plane as it's tied up with the same industry and rules ect ect.. a mate of mines friend does this for a living and he was doing some drone work when a farmer shot at his drone farmer is now in big trouble.
sea-kem
Posts: 15031
Date Joined: 30/11/09
Probably to do more with
Probably to do more with reckless discharge of a firearm than an air regulation law.
Love the West!
Bodie
Posts: 3758
Date Joined: 05/11/07
Still no one has been able to
Still no one has been able to point out the clear definition of your 8 crays must come from your pots only'
I must be blind.
Howard George
Posts: 544
Date Joined: 10/03/11
My understanding of the rules
If there are 3 divers on a boat and 1 diver minds the boat while the others dive those people doing the diving can't catch the person who's topside bag limit. He must dive himself for his own crays and conversely if 3 people have pots each person must pull their own pots and yes , I do believe Fisheries have cameras set up to monitor fishing activities.
Tom M
Posts: 661
Date Joined: 22/09/15
So just to be difficult
So just to be difficult then, if 2 people are pulling a single pot 1 on the winch and the 2nd on the tipper who is pulling whose pot. As above was meant to be a fun activity but when you write laws you better be clear or else it becomes a shit fight.
Tom M
DTrain
Posts: 486
Date Joined: 10/02/12
Common sense would say that
Common sense would say that as long as the pot owner is on the boat, then anyone on the boat should be able to do the physical pulling of the pot.
Common sense would also say that as long as your under the limit of 8 per person and 24 per boat it should be ok.
However common sense and the law are two different things.
marrisy
Posts: 205
Date Joined: 08/09/11
Top Gear. Did you see the
Top Gear. Did you see the one where the cop told Jeremy he couldn't park in a loading zone. Jeremy said being 9 o'clock and night , common sense meant nobody would be unloading at that time of night. The constable said," sir we do not need common sense, we have rules" so Jeremy said ok, and shifted the car.
Saulty2
Posts: 658
Date Joined: 28/05/10
im guessing there wont be
too many pics posts bragging as to how many caught in one pot
ranmar850
Posts: 2702
Date Joined: 12/08/12
You can brag all you want.
just don't say you kept them all
hooty
Posts: 198
Date Joined: 25/05/10
We can debate these types of
We can debate these types of questions as much as we want and still not come up with an answer.
Fisheries interprtation of their poorley written guidelines often does not reflect law and legislation. Depending who you get on the day and their interpretations on the day, decides if youre in trouble or not.
As has been well documented in a case on this site, whilst you may be legally right it cost that much money to defend your self you end up losing anyway. Win legaly but lose economically .
hooty
Posts: 198
Date Joined: 25/05/10
.
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Saulty2
Posts: 658
Date Joined: 28/05/10
hey rex
TOO TRUE ! still lurking in the backround i see . LOL