Divers( important)
Scuba. Hooker. Or free dive. Phantomcat won in local court. On take rule. Every diver knows almost impossible to gauge Crays underwater (depending on conditions). How would every diver like fisheries being on boat prior to all divers being on board. Apparently soon as diver lifts bag up, that's it. I don't think so. 5 min rule. (didn't happen) Also keep in mind this is the 1st case they have tried in court. also keep in mind this is 65 year old with support from recfish. (in court) poor guy also copped mouthful outside of court apparently in front of wife and lawyer.(unsure)??. fisheries taking to Supreme Court Big big money, talking big lawyers. wouldnt be bad idea for few people supporting the guy. Stress and big bucks. 200 plus people in court would help. All divers look into this case. it will affect all of you in future. Up to to you guys. Some things kept out media :);)
.thumbnail.jpg "The old boy showing he's still got it")
little johnny
Posts: 5328
Date Joined: 04/12/11
Man this is harder
Than loyd rayn case to follow. Cheers for that rob and Alan
meglodon
Posts: 5981
Date Joined: 17/06/10
Totally unbelieveable
I'm lost for words truly, unbelievable, is the only thing I can say right now.
Billcollector
Posts: 2006
Date Joined: 16/05/09
And this government will keep
And this government will keep wasting money on this bullshit while upping all their taxes and charges including rec licenses......because the state is in the shit...APPARENTLY
axey45
Posts: 1758
Date Joined: 26/11/13
Rob H
Posts: 5744
Date Joined: 18/01/12
WAToday story
Its a great pity that the writer got it wrong though.
The Rec Lobster brochure referred to was changed long AFTER Bret was charged, in fact it was changed AFTER he was charged, won, and we began this campaign.
http://www.watoday.com.au/wa-news/perth-mans-legal-battle-with-fisheries-over-cray-catch-drags-on-20170701-gx2q2t.html
Give a man a mask, and he'll show you his true face...
The older you get the more you realize that no one has a f++king clue what they're doing.
Everyone's just winging it.
little johnny
Posts: 5328
Date Joined: 04/12/11
That's crap
They only put it in this years guide , wasn't in few years ago. Speaking to well know business man other day( local). Surfaced from dive fisheries there. Ask how he went diving answer good. Fisheries said let you take of kits and sort before we board .? Not soon as hit surface.? Still hasn't passed legislation as far as I know. ( take rule) Seems some officers have different approach.
Rob H
Posts: 5744
Date Joined: 18/01/12
Im trying to contact the
Im trying to contact the journalist (Heather McNeil) to ask if it be corrected.
Johnny it wont be changed in legislation because they say its always been that way but they interpretted it wrong.
Likely some new uni graduate employed there making his mark...
Give a man a mask, and he'll show you his true face...
The older you get the more you realize that no one has a f++king clue what they're doing.
Everyone's just winging it.
little johnny
Posts: 5328
Date Joined: 04/12/11
Didn't hit papers
When they lost. Didn't hit papers when senior officer threatened accused out side court . Lady journalist would have got it from fisheries. Pretty sure not her interpretation of events. Sorry rob just pisses me of. He seen officers on boat if he thought it was illegal at any point he could have dumped bag( let them go) prior to reaching boat.
little johnny
Posts: 5328
Date Joined: 04/12/11
Waiting for day when
Diver gets hit by them approaching boat with dive flag up.
meglodon
Posts: 5981
Date Joined: 17/06/10
It will then be divers fault
Don't ask me how, but i'l bet a penny to a pound that the scenario will be turned around so that the diver will be at fault.
The issue is a very sad state of affairs.
little johnny
Posts: 5328
Date Joined: 04/12/11
Should have been warning
Then fisheries should have put in newspapers and radio. Saying there interpretation of rule. Waste of tax payers money. Is it the same officer that has given 3 previous fines for what Brett is being tried for ??? Multimedia , papers ect could have saved all this crap , but no we will keep it secret and catch more people for a rule that can be taken in multiple ways. Sorry my last rant on matter . Very very poor form.:(:(
Rob H
Posts: 5744
Date Joined: 18/01/12
Journalist has contacted me
Journalist has contacted me and indicated the story will be corrected in the morning.
Give a man a mask, and he'll show you his true face...
The older you get the more you realize that no one has a f++king clue what they're doing.
Everyone's just winging it.
little johnny
Posts: 5328
Date Joined: 04/12/11
Your a legend
Rob. Top stuff
Rob H
Posts: 5744
Date Joined: 18/01/12
.
lets see if she actually does, Ive shovelled a fair bit of bullshit away while chasing this around, mainly from WA Gov people..,.
Give a man a mask, and he'll show you his true face...
The older you get the more you realize that no one has a f++king clue what they're doing.
Everyone's just winging it.
little johnny
Posts: 5328
Date Joined: 04/12/11
.
.
uncle
Posts: 9347
Date Joined: 10/02/07
Story going around
On facebook atm.
all aggressive fish love bigjohnsjigs
Swompa
Posts: 3781
Date Joined: 14/10/12
Yeah, I shared the story to
I put it on Crayfish WA and Crayfish divers pages.
Pitty
Posts: 161
Date Joined: 08/12/12
I have joined the page and
I have joined the page and shared it, I also had a rock lobster survey from fisheries turn up today and there is a section for comments in there and will be writing exactly what I think in it
UBIQUE
Phantomcat
Posts: 34
Date Joined: 12/04/16
Cant find on FB
have you got a link to it.
Thanks
BC
Dale
Posts: 7930
Date Joined: 13/09/05
On the recfishwest fb page.
"Just because you are a Character, Doesn't mean you have Character."
Mr Wolf
Pitty
Posts: 161
Date Joined: 08/12/12
I can't find the link but
I can't find the link but the page s fisheries w.a. Vs recreational diving for crays,
it would come up in the Facebook search function
UBIQUE
meglodon
Posts: 5981
Date Joined: 17/06/10
Great work Rob
From a Cray fisherman. Amateur that is
Swompa
Posts: 3781
Date Joined: 14/10/12
There is now a Facebook page
There is now a Facebook page setup and it is getting a bit of traction with a share from Tims Tackle and plenty of positive comments.
Hopefully this all ends in a positive light sooner rather than later.
dodgy
Posts: 4562
Date Joined: 01/02/10
Who else will be putting an
Who else will be putting an unweighted plastic pot on their safety stop marker? Just empty the crays into the pot while you are doing your stop. Easy.
Does anyone know where the love of god goes, when the waves turn the minutes to hours?
Vinesh87
Posts: 2751
Date Joined: 02/04/11
You can these 1/4 size pots.
You can these 1/4 size pots. theyre mint
But seriously what a joke
little johnny
Posts: 5328
Date Joined: 04/12/11
It's called diving
On stuck pot:):)
Rob H
Posts: 5744
Date Joined: 18/01/12
Sorry guys we have had no
Sorry guys we have had no internet or email for 3 days out here, sat system shit itself.
Good to see there is people getting onboard, Bret needs some support with this and he's probably feeling the pressure
Give a man a mask, and he'll show you his true face...
The older you get the more you realize that no one has a f++king clue what they're doing.
Everyone's just winging it.
Swompa
Posts: 3781
Date Joined: 14/10/12
Great post by Recfish today
Great post by Recfish today supporting Old Mate. Getting plenty of support.
Boydy
Posts: 623
Date Joined: 26/09/12
Very clear stance
The post is very clear from Recfishwest that they do not agree with the Fisheries Dept on this issue. Good to see.
little johnny
Posts: 5328
Date Joined: 04/12/11
35 years
Free diving , scuba . No one I know ever heard of such rule. Is it same officer who booked all 4.?. Soon as snare goes around cray you have taken it. Lol f--king joke.
rigpig
Posts: 507
Date Joined: 21/11/12
what about marron?
What about marron, you snare them, bring them out of the water and measure them and then put them back.. Same as snorkling for crabs, I dive on them, have an underwater fight, stick them in my bag and then measure them on the surface and put back what's under (berries are easy to see underwater). Its even the same in crab nets, out the water they come to get measured and sorted.
This whole case stinks..
paul d
Posts: 252
Date Joined: 16/03/13
Does he have a go fund me
Does he have a go fund me page set up for legal fee help ?
hezzy
Posts: 1519
Date Joined: 27/11/09
i dont think so paul , but i
i dont think so paul , but i think brett or some one close to him should set up such a page a asap with a target of say 10 k
that with a lot of public support would be a great gesture
hezzy
OFW 11
evil flourishes when good men do nothing
paul d
Posts: 252
Date Joined: 16/03/13
I'd be more than happy to
I'd be more than happy to make a donation to help him out.
Paul
bradz
Posts: 693
Date Joined: 29/10/07
Link to WA Today's article
http://www.watoday.com.au/wa-news/recfishwest-slams-fishing-wa-for-legal-pursuit-of-cray-diver-20170705-gx5g2z.html
I did then the best that I knew how. When I knew better, I did better.
Walfootrot
Posts: 1386
Date Joined: 23/07/12
46. Totally protected fish,
46. Totally protected fish, offences as to
A person must not —
(a) take; or
(b) have in the person’s possession; or
(c) sell or purchase; or
(d) consign; or
(e) bring into the State or into WA waters,
any totally protected fish.
Penalty: As provided in sections 52 and 222.
Ok think I may have gone here before, but...
If you are fishing and have 2 Dhu on ice and hook up a 3rd, bring it on the boat to remove the hooks, then you would get done as you are in possession.
My thoughts on "take" is once you have clipped the cray and placed it in your keep bag/ box its yours, the law is an ass. I would like to know how much this has cost the tax payer and then hold the ass holes at fisheries accountable, pity we cannot put a vote of no confidence in and sack the bastards
More drum lines, kill the bloody sharks!
swarf
Posts: 54
Date Joined: 07/08/13
fisheries - take
The thing that stands out in this case for me, apart from the whole thing being a based on terrible interpretation, is the fact that he surfaced with 5 undersized crays in his bag and was was not done for the undersize crays, they were allowed to be sorted and released.
He was only done for excess of size crays he had in his bag. He wasnt classed as 'taking' those undersize crays by surfacing with them.... so then how then were the size ones considered taken?
Good to see more public awareness of this case out there across facebook etc recently and hopefully he isnt left too far out of pocket for this ridiculous case
rigpig
Posts: 507
Date Joined: 21/11/12
good point
very valid point about the undersize crays being taken.. I hope his lawyer uses this angle as well.
hezzy
Posts: 1519
Date Joined: 27/11/09
thing there is that while
thing there is that while fisheries on the day may have assesed the undersize as taken , they can say they decided to only charge him on one offence with the excess bag limit ,
the officer on the day has some discrection id think on what they charge him with , so they could easily make that point and be legally acceptable imo
better to stick with brett only having to defend one nonsensical charge , rather than introduce other stuff and cloud the water in court
i would ask any other divers who have been inspected by fisheries in the last 4-5 years to write up a stat dec or affadivit on the contact and what occured in detail at each boat stop theyhave experienced and email them to brett and recfishwest & fisheries minister
by doing so in numbers it may be possible to show they have never interpreted this ''TAKE''rule as they are saying in bretts case
im very surprised the dive clubs have not already been active to do this as supporting evidence for brett tbh that may help sway a magistrate if tabled as supporting evidence etc as to what has been common practice and accepted by fisheries at boat checks in the past
hezzy
OFW 11
evil flourishes when good men do nothing
Chinbald
Posts: 315
Date Joined: 21/02/09
ABC Radio
Scott Coghlan just gave the subject a good run on ABC rdio, rec fishing community needs to support this to the end.
Deleted
Posts: 6265
Date Joined: 26/04/14
its gone nuts on social
its gone nuts on social media both for and against
dodgy
Posts: 4562
Date Joined: 01/02/10
Pulled up by fisheries at
Pulled up by fisheries at tantas ramp today and let the officer know how sentiment towards them is leaning. Polite but firm with feedback directed towards superiors.
Does anyone know where the love of god goes, when the waves turn the minutes to hours?
Rob H
Posts: 5744
Date Joined: 18/01/12
WA Fisheries facebook page
Suggest getting on there and leaving a comment.
There is no section for starting comments but you can comment on their posts, perhaps the one about how much more efficient they will be now that they have merged.
Odd that licence fees go up not down though, maybe to pay for lawyers?
Give a man a mask, and he'll show you his true face...
The older you get the more you realize that no one has a f++king clue what they're doing.
Everyone's just winging it.
Jackfrost80
Posts: 8047
Date Joined: 07/05/12
Passing on the savings makes
Passing on the savings makes the cost cutting measures kinda pointless...
Officially off the Pies bandwagon
Rob H
Posts: 5744
Date Joined: 18/01/12
But cost cutting to pay for
But cost cutting to pay for frivolous, vexatious litigation in the Supreme Court does make sense?
Who did you say you work for again?
Give a man a mask, and he'll show you his true face...
The older you get the more you realize that no one has a f++king clue what they're doing.
Everyone's just winging it.
Jackfrost80
Posts: 8047
Date Joined: 07/05/12
It doesn't work like that and
It doesn't work like that and pots of money like the fishing licence fees, emergency services levy, road trauma trust account can only be spend for the purpose they are collected and this is protected by legislation. It doesn't stop departments dressing things up like the recent debarcle with the Western Force sponsorship to prop up Col's investment in Medibank Statium upgrades or the use of the emergency services levy to pay for advertising. The DoF site says they spend $20m each year and $8.5m is recovered in license fees. The increase will be in line with all the other increases we copped last week in the name of parity with $ spend and $ recovered. I'm just as pissed that the govt is wasting taxpayers money on this case and financially ruining a man in the process but I won't let the truth get in the way of a good story.
I didn't.
Officially off the Pies bandwagon
Rob H
Posts: 5744
Date Joined: 18/01/12
Im sure you would have a
Im sure you would have a better idea of where its supposed to go but the description used on their website is suitably vague.
"Funds raised through recreational fishing licences help us to manage the State’s fish resources effectively.
Recreational fishing licences are also used to inform us of who is fishing for what and from where.
All the money generated from recreational fishing licences is reinvested in initiatives that directly benefit recreational fishing in Western Australia."
At the end of the day its like water going into a tank.
If too many taps are opened at the bottom its going to start going down>
I cant see Mark McGowan filling the tank up a bit more so its going to come from somewhere.
Give a man a mask, and he'll show you his true face...
The older you get the more you realize that no one has a f++king clue what they're doing.
Everyone's just winging it.
little johnny
Posts: 5328
Date Joined: 04/12/11
Must admit ( rigpig) Joe
Has the best I have heard. On the marron scenario . Once snared you have taken it.( from enviroment).
Phantomcat
Posts: 34
Date Joined: 12/04/16
Update
Sorry for the silence but due to legal bits and ongoing negotiations, it was in my interest to keep quiet.
We have had a hard time getting to the getting to talk to the right people at fisheries and the clock is ticking for us to move forward.
We now seem to be on track and hopefully we will know by the end of the week.
If that fails then we go public in a big way, appeal with crowd funding hopefully ready to go.
Either way the issue of the ambiguity in the law still needs to be addressed and will be pursued.
Thanks
meglodon
Posts: 5981
Date Joined: 17/06/10
Good to hear from you again
I'm glad to hear that you have at last got to the people you want to see.
Fingers are crossed and looking forward to hearing from you later on.
kirky79
Posts: 1351
Date Joined: 13/01/12
Good luck
Bud. Hope you get the decision that is needed.
duncan61
Posts: 375
Date Joined: 21/11/14
hear
Good to hear from you
just do it.
Swompa
Posts: 3781
Date Joined: 14/10/12
The Facebook page got plenty
The Facebook page got plenty of people's attention, all ready to stand with you.
Phantomcat
Posts: 34
Date Joined: 12/04/16
The end result
The 4 yrs of fighting this senseless charge came to and end today.
The stress was too much and the fact that I didnt win lotto prevented me from taking it any further.
So $300 fine and a spent conviction. So all up a few hundred more than the original $1000 fine.
I said my bit in court urging the Fisheries to re write the law so all rec fishermen can be confident they are fishing within the rules.
It that can happen then at least I have achieved part of what I set out to do 4 yrs ago.
Thanks for your support
Walfootrot
Posts: 1386
Date Joined: 23/07/12
4 YEARS IS A LONG TIME TO
4 YEARS IS A LONG TIME TO FIGHT!
Well done on the effort & hope Fisheries take something from this.
You can hold your head high Phantomcat.
More drum lines, kill the bloody sharks!
Rob H
Posts: 5744
Date Joined: 18/01/12
Im glad its over for you
Im glad its over for you Bret, look forward and not backward, and be proud that against the apathy of many you stood up for what was right.
Id be pretty sure that behind closed doors there would be some discussions on what went wrong despite them making it look like a victory.
And hopefully a rethink on how to approach such a revamp of the rules.
Give a man a mask, and he'll show you his true face...
The older you get the more you realize that no one has a f++king clue what they're doing.
Everyone's just winging it.
scotto
Posts: 2470
Date Joined: 21/04/08
sheez,
glad its over for you phantomcat, but extremely appalled at how this has all panned out.
little johnny
Posts: 5328
Date Joined: 04/12/11
Top stuff
.
bradz
Posts: 693
Date Joined: 29/10/07
Good fight
Well done. As others have said, look forward.
I did then the best that I knew how. When I knew better, I did better.