Home possession limits now apply
Submitted by TerryF on Sat, 2008-05-31 08:33
This change is in accordance with the Minister's media release 8 months ago on 17 September 2007 http://www.mediastatements.wa.gov.au/Pages/CurrentMinistersSearch.aspx?ItemId=129247
However the way the new FRMA Regulation are written has some issues for compliance and enforcement. http://www.slp.wa.gov.au/legislation/statutes.nsf/main_mrtitle_1458_homepage.html
Sections 21 and 22 of the Regulations have NOT been amended. Therefore I read the package of regulations as imposing a possession limit in a person's home, AND deeming the/a person using a freezer is "in possession", but NOT requiring labelling of fish in a person's principal place of residence.
( 16E(2) or (3) are the various boat limits. )
http://www.fish.wa.gov.au/docs/pub/PossessionLimits/index.php?0102 is the Dept of Fisheries possession limits FAQ but this hasn't been updated yet to include the home.
This needs some publicity and clarification by Dept of Fisheries so that people are not inadvertently breaking the law, eg the wife who is in control of and uses the "family freezer", while the fisherman might be in control of and use a "bait and fish freezer."
Was someone talking about complicated rules????
Remember the legal approach is "ignorance of the law is no excuse"
TerryF
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Beavering away in the background.......
Home possession limits now apply
Dept of Fisheries Media Release http://www.fish.wa.gov.au/docs/media/index.php?0000&mr=550
Quote:
New rules around the finfish possession limit at a person’s principal place of residence ..... have come into force today.
Department of Fisheries Principal Management Officer, Nathan Harrison said the changes had previously been announced, but they have now formally become part of regulations.....
"These new rules are part of a number of interim changes announced last year, which is a separate process to the current review of recreational fishing management," Mr Harrison said.
"The outcomes of the current review, that was initiated to help reduce the fishing pressure on some of the State’s most vulnerable fish species, will soon be released."
Possession limits
Mr Harrison said from today the general finfish possession limit would now apply to a person's principal place of residence and this change was in effect across Western Australia.
The possession limit per person, for finfish, has not changed and will remain at:
* 20kg of fillets of fish; or
* 10kg of fillets plus one days bag limit of whole fish; or
* 2 days bag limit of whole fish.
"20kg of fillets equals approximately 100 meals of fish, so the possession limit in the State still enables recreational fishers to bring home a substantial quantity, but they must not store any more finfish than the now universal possession limit allows for," he said.
This change is in accordance with the Minister's media release 8 months ago on 17 September 2007 http://www.mediastatements.wa.gov.au/Pages/CurrentMinistersSearch.aspx?ItemId=129247
However the way the new FRMA Regulation are written has some issues for compliance and enforcement. http://www.slp.wa.gov.au/legislation/statutes.nsf/main_mrtitle_1458_homepage.html
Sections 21 and 22 of the Regulations have NOT been amended. Therefore I read the package of regulations as imposing a possession limit in a person's home, AND deeming the/a person using a freezer is "in possession", but NOT requiring labelling of fish in a person's principal place of residence.
Quote:
Section 16D. Possession limits generally for finfish — recreational fishing
(1) For the purposes of section 51(1) of the Act, the maximum quantity of finfish that a person may be in possession of in circumstances other than those to which regulation 16E(2) or (3) applies is:-....
( 16E(2) or (3) are the various boat limits. )
Quote:
Section 21. Presumptions regarding possession
(1) In any proceedings for an offence against section 51 of the Act, in the absence of proof to the contrary —
(b) a person using or in control of a refrigerator, freezer, icebox, or other storage device in which fish are found is taken to be in possession of the fish.....
Quote:
22. Labelling of fish
(1) A person who packages or stores fish —
(a) other than at the person’s principal place of residence;
must ensure that a label, as described in subregulation (2), is securely attached to each package containing fish and to each fish that is stored other than in a package.
http://www.fish.wa.gov.au/docs/pub/PossessionLimits/index.php?0102 is the Dept of Fisheries possession limits FAQ but this hasn't been updated yet to include the home.
Quote:
Q. What is a fillet or piece of fish?
Answer:- A fillet or piece of fish is any part of a fish other than the head or tail.
Q. Are heads and tails included in the possession limit?
Answer:- No – you can have as many heads or tails as you like.
Q.Are fish frames included in the possession limit?
Answer:- Yes – they are considered to be a ‘piece of fish'.
Q. Is a fish with its head and tail removed considered a piece of fish?
Answer:- No – this is defined as a ‘trunk' and counts as a whole fish in your possession limit.
Q. Is my bait included in the possession limit?
Answer:- If you have purchased your bait (or other fish) and can show proof of purchase, it is not included in the possession limit. If you catch your own bait, specific ‘baitfish' families and species are excluded. Species excluded are hardyheads (Atherinidae), pilchards and scaly mackerel (‘mulies') (Clupeidae), anchovies and whitebait (Engraulididae), garfish (Hemirhamphidae) and mullet (Mugilidae). All other fish are included within the possession limit.
This needs some publicity and clarification by Dept of Fisheries so that people are not inadvertently breaking the law, eg the wife who is in control of and uses the "family freezer", while the fisherman might be in control of and use a "bait and fish freezer."
Was someone talking about complicated rules????
Remember the legal approach is "ignorance of the law is no excuse"
TerryF
=====
Beavering away in the background.......
Jody
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Bloody hell
So who's having a barbie??
I do whatever the little voices tell me to do
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Dreamweaver
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Nothing like a light read
There's nothing like a light read to start the day, and that's nothing like a light read
, thanks for posting that important info Terry. Haven't seen so many IF, IFTHEN and DOWHILES since my source code debugging days 
Colin Molloy
(Colin 2 - Co-founding member of the prestigious Colin Club)
Soon to be de "dreamweaver" ed!
Andy Mac
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Dumb question...
What if I catch a 24kg dhufish can I fillet it and still be within my possession limit ?
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Andy Mac (Fishwrecked Reeltime Editor & Forum Moderator)
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TerryF
Posts: 489
Date Joined: 11/08/05
Fish frames for research in home possession limits
Andy, Not a dumb question at all:- it is a very predictable one.
Yep that's just one of the many gotya's in the definitions
It would be a great pity if concern about these rules prevents people from saving frames for such important research.
That's why I posted:-
The Minister announced this decision over 8 months ago. The rules were gazetted in the Government Gazette on Thursday 29 May - as the "Fish Resources Management Amendment Regulations (No. 2) 2008" http://www.slp.wa.gov.au/gazette/GAZETTE.NSF/gazlist/B7FCB7EFACA39ED7C8257457000E8070/$file/gg081.pdf
The Dept of Fisheries media release on Friday, and a little bit in Saturday's West's "Jacko's" column (also written by the Dept of Fisheries) cover the introduction of home possession limits. These just warn fishers they must not store any more than those limits.
There has been plenty of time to think about questions and explain, but there's nothing yet (that I am aware of - and I've looked and I've asked) covering the questions like your one.
Maybe that link http://www.fish.wa.gov.au/docs/pub/PossessionLimits/index.php?0102 the Dept of Fisheries possession limits FAQ will be updated (yep I know it is a weekend).
But there are NO exemptions in these Regulations, and you can see how long it takes to get amendments.....
Been there, done that - I have been very involved with these possession limits and filleting at sea regulations since they were introduced in 2003 - see the Recreational Fishing Rules section in http://www.aaawa.iinet.net.au/SubmissionsMain.html
And it must be said:- the intention and spirit is these limits are available only to people who actually catch the fish.
TerryF
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Beavering away in the background.......
NOHA
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Date Joined: 24/06/07
I dont see the point of
I dont see the point of including fish heads and frames in a possesion limit.
So some people might like to pick the meat from a frame or head so good on them for using the legally caught fish fully.
Most people would just throw that away and catch another fish to fillet. The same amount of live fish will be taken. There is no advantage or reason to limit fish frames.
I, for one, keep all my frames for crab/cray bait or if my bait freezer becomes full I convert the lot into berley. I always catch a dozen or so whiting for bait and any unused are in the freezer.
Right at this moment I probaly have 20kg of fish frames/left over bait in my bait freezer. I am now going to have to take all of this down to the boat ramp and dump it in the bin down there. What a waste.
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fishy fingers
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20kg per person
Does this mean I could have 180 kg of fish at home when all my kids and their kids where living here?
yes it's true there was 9 of us....or more seriously now that theres only 3 of us does it mean we can have 60 kg's (not that I'd want that) but taken to the letter of the law it's a point to be argued!
To all the virgins..............Thanks for nothing!
diji
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i think people should be careful here
Like the other post about people catching fish and combining the boats bag limits,i think possesion limits would fall into the same catergory.i have a 1 year old daughter i think it would be hard for me to explain that she caught 20 kg of fillets???
fishy fingers
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Date Joined: 28/04/07
I think
if someone was to be found with more than their 20 kilos it would be a hard case to prove given the wording of the rule as it is it would be easy to claim the 100 kilos or so was mums dads and the three teenage boy's!! having said that it also says something about the person in charge of the freezer is regarded to be in posessiion. Who's in charge of the freezer at home?
To all the virgins..............Thanks for nothing!
NOHA
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Date Joined: 24/06/07
Soon it may be 20kg's for
Soon it may be 20kg's for each licensed person at the residence
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ROCKPOM
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Hope this wont infringe on
Hope this wont infringe on people who like to collect their own bait
They will need to define this!
It seems like once again the mouth has opened with out the brain in gear!!!
Andy Mac
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Date Joined: 03/02/06
fin fish
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Andy Mac (Fishwrecked Reeltime Editor & Forum Moderator)
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NOHA
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Well within my bag limits
Well within my bag limits but as soon as I fillet them and put the frames in my freezer so they dont stink out my bin, its illegal.
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V8 twin turbo diesel....Ohh what a feeling!
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ROCKPOM
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If they want more frames
If they want more frames they are going to have to hand out more exemptions
Shag
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Anyone need to keep some
Anyone need to keep some fish at my house 20kgs each person at my house thats 260kgs lol CHEERS SHAG
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Dreamweaver
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LOL Shag!
LOL Shag! So THAT's your plan
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