Trip limit question

3 of us are heading north for a couple of weeks but one has to fly back a few days early . Can we bring his 20kilo of fish back with us in the car ? assuming we all catch our limit , we could have 60kilo of fish and only 2 people in the car .

Have looked on the fisheries website but cant find anything covering this situation .


sea-kem's picture

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Simply no. If the fisheries

Sat, 2012-02-04 08:15

Simply no. If the fisheries stop you and only two people in possesion of 60kg of fillets you are gone.

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Tell fisheries befor hand

Sat, 2012-02-04 08:16

Thay might give you a letter to cover you befor the trip, Get plane tickets to prove it 1st

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As far as I was aware you can

Sat, 2012-02-04 08:19

As far as I was aware you can only have your own possetion limit with you at any one time. this means 20 kg X 2 people in car =40 kg all up. Your mate will have to fly 20kg back with him otherwise everyone could use that as an excuse and bring back what they wanted.

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Thanks for the info

Sat, 2012-02-04 08:32

Destination is Exmouth , and staying at the Lighthouse . While we are out fishing 3rd member will be getting taxi to Exmouth then shuttle bus to Learmonth airport . Could be a long day for him and I don't think the fish would stay too frozen if he was to take it with him.

 

scottnofish's picture

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not certain

Sat, 2012-02-04 09:00

 but isnt exy 10kg limit

scotto's picture

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no

Sat, 2012-02-04 09:03

didly no-no.

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Thats abroholos

Wed, 2012-02-08 11:30

Thats abroholos

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interesting?

Sat, 2012-02-04 09:29

exmouth is covered under the gascoyne area rules so 20kgs of fillets per angler, or 10kgs and 1 days bag limit of whole fish.

Whats interesting is that it also states that 20kgs is the limit of possession even at your permanant place of resisdance.

so if you have 10kgs of snapper and dhu fillets ( or metro macks , paul g? ) after a good summer in Perth , and then you take a

winter holiday at coral bay / exxy etc , you can only bring home 10kgs , before exceding your posession limit at home.

not a freezer filler myself ( only thing in my freezer is heaps of scaly macks atm) but seems a bit odd, thats all.

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There is transport companies

Sat, 2012-02-04 09:46

There is transport companies at Exy that will transport frozen goods. My old man sends fish south each year from Hedland that he and his wife catch. They just mark each freeze bag with there name and make sure they only send 40kg.

Just pick up from the depot near Perth airport within two weeks

 

 

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Yep

Sat, 2012-02-04 14:17

Fisheries get notice if there is anything suss going on as well, so don't think that you can try and be a smart bugger and get away with it.  It is how a few of the 'bigger' hauls have been busted lately.

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Just to Clarify... we send

Sat, 2012-02-04 16:23

Just to Clarify... we send back there legal quota of 20kg as they fly up. You would have to be a idiot to try and sneek more back.  I rarely keep more then two fish as I have the privilage of being able to get out most weekends.

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quad fisher I see your point

Sat, 2012-02-04 16:00

quad fisher I see your point but if you had 10kg in the freezer at home already then you wouldnt need to keep your 20kg anyway. In saying that it dosnt mean you cant still get your 20kg and give some away to family members when you return.

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I think as long as you date

Sat, 2012-02-04 16:06

I think as long as you date and label each packet of fish with the persons name and date caught then you can bring it back for him..  I would keep a copy of his plane ticket with you in case you are stopped on the way home as extra proof but also call fisheries and ask them and get something from them in writing/email...

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Dont be greedy!!

Sat, 2012-02-04 16:21

Dont be greedy!!

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Limit on plane

Sat, 2012-02-04 16:27

Can he bring back 10KG on the plane? I thought if you organised it with the airline you can bring back 10KG. To my knowledge, he must be in the car travelling with the fish Chookc. No exceptions.

Enjoy the trip Paul

Dave

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Mate if you only do one

Sat, 2012-02-04 16:35

Mate if you only do one fishing trip up North a year then trying to get your limit is well within your rights to do so. Depending on circumstances then I beleive what Paul N is asking is a valid question. I dont beleive greed is an issue here.

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Too true Tapout. No harm in

Sat, 2012-02-04 16:53

Too true Tapout. No harm in asking the questions it's what the site is all about.

 

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note that

Sat, 2012-02-04 17:10

note that you DO NOT need to have a RFBL to have a possession limit. A catch limit yes but a possession limit no.

So in your freezer at home if there are you ya missus and 2 kids you "could" have 80kgs even if your the only fisher.

From memory also in your home or "possession" it doesnt need to be labelled into 20kg packs, this is only if they are not in your possession and I believe this is as petty as fish in the boat and your in the car, in which case the entire freezer need just have a label with all the owners names.

If you have fish in your home freezer belonging to someone who doesnt live there it has to be separated and labelled.

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Not being greedy

Sat, 2012-02-04 17:26

Not being greedy ( Pale Ale )And not trying to be a smart bugger and get away with anything (Adam) . Just asking a question . As I said there are 3 people fishing in Exmouth for 2 weeks . Mainly billfishing but will spend some time targeting table fish too.

You don't have to try too hard to get your bag limit in Exy , particularly if your there for 2 weeks . If we only fish for 10 days thats 2kilo a day . Thats one fish a day each that we would keep .

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 To answer the question with

Sat, 2012-02-04 18:38

 To answer the question with out the bullshit. NO you can not bring his quota home with you it`s a possesion limit and he`s not in possesion of it.

Can you carry a bag of drugs around with someone elses name on it and say ' nah it`s old mate`s he just not here right now'.

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ok then

Sat, 2012-02-04 20:12

in saying that if he was in the car with you and you were pulled before you got to the airport he would be

in posession, if you where then pulled further down by another fisheries officer and your mate was on the plane

what would happen then, I know it's all hypothetical but I think fisheries would be fair if you could prove the fact they where his. heres another scenario what if someone had to go home prematuely and was unable to transport his own fish

ie on a motor bike! would he then have to dump his fish? silly i know but this is how court cases are dismissed

because of loopholes in the law

 

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at the end of the day paul

Sat, 2012-02-04 19:51

at the end of the day paul your definitely asking the wrong people.

Go in and ask fisheries directly how to do it legally. You will certainly find them to be quite obliging if you have the right attitude.

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labelling

Sat, 2012-02-04 20:25

I think if it is labled with the owners name there shouldnt be a problem otherwise we would be breaking the law every year when we go up with two boats and cars but bring the whole catch back in one freezer/esky that would mean both cars would need an esky/freezer each, I think people are interpreting  the rules as fact instead of the spirit in which they where intended but fisheries should know but even then you may get someone who dosent fully understand and tell you wrong

if your catch is labeled as NOT yours then your obviously not hiding anything espescialy when you can prove the other person was with you

edit: from the fisheries recfishingt guide

(FRMR Part 4, Division 4)
You may not exceed the possession limit for any fish. If the
quantity of fish stored in a single container/freezer exceeds
one person’s possession limit, the fish must be clearly
labelled with the name of the owner/s.
Labels must be securely attached to each container or
package of fish, and be at least 75 mm long and 25 mm wide.
The full name of the owner must be legibly written on the label
and be clearly visible for inspection.
Labels are not needed if:
• Fish have been taken on a day-trip.
• The fish are in the possession and under the direct physical
control of the person who took the fish, and stored only with
fish taken by the same person.
! Who ‘owns’ the fish? In the absence of evidence to the
contrary, a person using or in control of a vessel, vehicle,
refrigerator, freezer, icebox, or other storage device in which
fish are found is taken to be in possession of the fish. A
person who provides payment to a courier business for the
transportation of fish, is regarded as being in possession of
the fish until the fish are received.

 

so as said if you can prove the other person was with you and caught his fish then no problem, as someone else said maybe a copy of the plane ticket would help

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Fisheries

Sat, 2012-02-04 21:18

I will give them a call and see if I can get an answer .

At the end of the day , if we cant transpot his fish its not the end of the world . It's more about catching them than keeping them . But it would be nice to know what is legal .

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I contacted Fisheries W.A.

Wed, 2012-02-08 11:10

Just to let everyone know the official outcome .

I contacted fisheries W.A. and there is no way we can transport his fish back with us. He can transport via a freight company only .It seems odd that its ok to pay someone to transport it but not ok to get a mate to do it , but there you have it . We would be over the possession limit no matter what the reasoning would be .

We can't even store his fish in our accommodation and freight it back for him after his flight . As soon as he leaves our unit , the fish has to go as well or we will be over our limit .

 

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thats screwed up

Wed, 2012-02-08 20:00

 on that reasoning if you were sitting in your unit suckin on a frothy and your mate went down the shops to buy some gaspers-then Fisheries turned up-whats the difference?

 

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I think they would

Wed, 2012-02-08 20:12

 check the tennancy arrangements and if it says there are 3 people staying at the unit then 3 possession limits would be fine. They would then wait for your mate to get back from the shops to confirm if they thpought anything was dodgy.

 

Whilst the letter of the law applies to possession, you don't all have to be home 24/7 while there is fish in the freezer. I think a bit of common sense prevails in those circumstances.

 

Picking up a consignment of fillets howevr is a different kettle of fish. (pardon the pun)

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and thats why Andy

Thu, 2012-02-09 10:37

 I see what the rule is intended to do, but if fisheries just interpret it as they think it applies, what hope has the average punter got short of being so sh+t scared of breaking some rules?

And at the mercy of the Officer whose wife may have kicked him out of bed that morning or something?

Out of curiousity, what difference does it make as per the law whether the labelled owner is 300 meters away or 300 km away, if its labelled, legit and possible to show he was in the accomodation and has flown home, for whatever reason urgent or otherwise?

Ive had some recent dealings with compliance and must say the guy I dealt with was exemplary, helpful, polite and informative, but I hate that feeling after your at the ramp and about to be checked after a 3 day trip-

"have I missed something, does one of my crays have a cracked shell I didnt notice, how do I prove that baldy wasnt caught at the islands but on the way home outside the 3 mile limit during the baldy ban etc".

 

EDIT: Andy, just read your post further down which covers a fair bit of what I wrote!

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 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.

 

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Reasoning behind the law (my view)

Wed, 2012-02-08 11:38

 As with all laws they are designed to affect the (maybe) 0.2% of people that do the wrong thing. 99.8% of us wouldn't dream of doing anything dodgy but the 0.2% of them that would, have to be accommodated. The unfortunate thing is that it indirectly effects the 99.8% who have to comply with seemingly pedantic and unfair rules at times. Problem is that 0.2% of dodgy people in this world account for a hell of a lot of damage and must be stopped.

 

Therefore the transporting and labelling laws stop Mr Badman Fisho (of the 0.2% variety) from catching multiple bag limits, labelling them all different names (maybe ficticious names or names of people he knows are flying out)  and telling the fisheries officer (assuming he is unlucky enough to get stopped in the first place) that he is just transporting for a mate.

 

There wil be plenty of fisho's out there who might genuinely think they are just  helping out a mate, but can easily get caught in the legalities and interpretation and find themselves being treated as though we were one of the 0.2%. Unfortunately that is how the law works and why many so called "innocent" people are in jail. They broke some law but maybe due to circumstances and complexities of certain laws didn't actually intend on doing so.

 

PS: The stats are pulled from my arse just to illustrate a point, so don;t quote me on them.

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not stopping nuffin

Wed, 2012-02-08 12:19

we used to transport our fillets from onslow via a frieght comp, cause we had no way to freeze and carry them ourselves.

there used to be bag after bag ,piled up to fly to perth. Just with your name and address on it.

The frieght comp never asked any questions and when we picked them up the other end , no questions either.

how this is any better than a mate carrying them back home , with your name on it , baffles me.

Andy , I greatly respect your opinions, but the law is a ass sometimes as they say , and just cause a law excists , doesnt mean we as

citizens cant and shouldnt question it, (think of hoon legislation, were innocent car owners lost out as mechs etc test drove cars too fast.)

or my old chesnut , quads , were a few doodles stuff it for all, but all pay the price.

what happened to the induvidual taking responsability , instead we seem all to put up with blanket penaltys and restrictions

cause its easier and ( cheaper) to police that way!

ok stepping off box now, cheers andy .

 

 

 

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I totally agree with you Quadfisher

Wed, 2012-02-08 14:43

 The law is an ass a lot of times and should definitely be challenged when appropriate, unfortunately the process required to get any changes made is equally challenging from what I understand. Essentially you need to find a better law that achieves everything the old one did but with less collateral damage.

 

The main point I was trying to make in that last post was that its laws like this that are written to hit the bad eggs or 0.2% but its the 99.8% that it actually effects more. And as a member of the 99.8% its handy to know the interpretations and consequences of such laws and why lawmakers think the way they do..

 

Does it make a difference and stop the 0.2% guys... hmmm I'm not convinced this particular aspect of the law does, but it certainly is another barrier for them to overcome.

 

As for the freight company thing, I guess the thinking there is that there is proof of a purchase order / transaction / invoice etc which pervades much of the ownership laws regarding transit of goods already in existance and if they wanted to they could do a sting at any of the usual freight comnpanies and nab anyone picking up someone elses catch. Who knows, they may well do such a thing from time to time, but as we all know, the policing resources needed to cover this massive country of ours is always going to be left wanting and hence the 0.2% will continue to try and get away with it as the chances of them getting caught are slim in their eyes. The worst scenario is that 10 or 20% of the 99.8% people that don;t think they are doing anything wrong, are the ones that end up getting caught rather than the 0.2% that are knowingly doing wrong and are doing so to plunder the fish stocks for profit or personal gain.

 

All I am saying is I wouldn't be offering to pick up someone elses catch at a freight place as you never know who is watching. 

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an example

Wed, 2012-02-08 15:46


$38,000 fine for illegal possession of frozen fillets

Date: Friday, 22 July 2011

A recreational fisher has been ordered to pay a fine, mandatory penalty and court costs totalling more than $38,000 for illegal possession of fish.

The case relates to the illegal possession of 145.17 kg of frozen fish fillets – 125.17 kg over the State-wide individual possession limit – following a surveillance and apprehension operation by Fisheries and Marine Officers in the Gascoyne and the Perth metropolitan area.

As part of the surveillance work, Fisheries and Marine Officers observed him collecting a consignment of eight foam boxes from a commercial transport company (on Monday 10 May 2010) at Perth Airport and placing them in his truck.

The officers then tailed him to his southern home, where they intercepted him and seized the consignment.

When questioned, he told officers he had been away on a fishing trip where he and his friends had caught fish and freighted them down from Carnarvon and Exmouth for collection at Perth.

His name was listed as the receiver of the fish on the consignment notes and each of the boxes, but he claimed that, as the skipper of the boat, he was collecting the fish on behalf of his friends.

Department of Fisheries South Metropolitan Compliance Manager John Breeden said Fisheries’ regulations clearly stated that it was illegal to be in possession of fish over the 20 kilogram-limit, whether they are for personal consumption or for distribution to others.

“These rules are in place to ensure fishers take sustainable amounts of fish to ensure there are fish for the future for all to enjoy,” Mr Breeden said.

“The size of the fine should act as a strong message to all recreational fishers transporting fish fillets from fishing trips, to make sure they do not exceed the individual possession limit and this also includes all fish held at their residence.”

In Wednesday’s court hearing (20 July 2011), the Magistrate issued a fine $750 dollars for the offence, a mandatory additional penalty of $37,551 dollars and costs of $121.95 under the excess possession limit (Category 1 – Finfish) clause of the Fish Resources Management Act.

The mandatory additional penalty was based on a total of $300 per kilogram of fillets that was calculated from 10 times the value of the fillets, which were prescribed as $30 per kilogram.
 
Details of Western Australia’s fishing rules are available at www.fish.wa.gov.au.

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damn..

Wed, 2012-02-08 15:49

I want to shop where that magistrate shops...Exmouth fish for $30kg.  He obviously doesn't do the shopping!!

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Exactly

Wed, 2012-02-08 19:58

 The perpetrator might think he has done nothing wrong and may genuinely be picking up the catch for his deckies, thinking he is doing something good.

 

But in the eyes of the law he has just taken possession of an amount of fillets that exceeds the personal limit and ping all of a sudden he has a criminal conviction.

 

Its just not worth it guys... so stick to the rules no matter how pedantic they might be and you will avoid the above senario.

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Bit more to that case than

Thu, 2012-02-09 05:58

Bit more to that case than that! I heard they.left.fish in the freezer @ exie, because they were worried.about being busted this time, and the deckie had another 20kg ea as well, so owning up to another 20kg was going to get them busted.

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If that's true

Thu, 2012-02-09 08:45

And he was just trying to do teh right thing for his deckies it means he landed 145kgs which is equivalent to 7.25 people being onboard. Must have been a bloody big boat. But then you say the deckies had another 20kg each in Exxy. If that was the case $38k in fines is nothing. They should have taken his boat as well and banned him from fishing for life.

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It's the old thing there's no

Wed, 2012-02-08 20:25

It's the old thing there's no excuse for ignorance of the law. It's up to you to find out what it is. We used to do the same Quadfisher after a trip to the Mackeral Islands down to the local freight company. Pretty sure it was Brambles back in those days.

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the law needs to be questioned

Thu, 2012-02-09 05:52

sometimes

if a group were in a house say in exmouth and all had their possession limits it's ok, the the same group head home in two cars

but with the fish in a freezer in the car with the boat, if they get pulled up by fisheries are both vehicles occupants said to be in possession of their catch? if they all stop that means they're together if if the fishless vehicle dosent stop then the fish carrying vehicles occupants get done, this is why the laws need to be questioned. I think labeling the catch with false names and being able to prove your mates where with you and did catch there own are two different things. the reply Paul N got from fisheries

was only as the laws are written they couldnt give any other answer,  I doubt many would be done unless they were proved to be cheating.

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put it this way If your mates

Thu, 2012-02-09 09:37

put it this way

 

If your mates flying back on a plane just put 20kgs on the plane with him.

 

I've done it many times from Karratha, never had 20kgs tho!

 

Frozen and cryovaced, in a polystyrine box with each fish packet wrapped in news paper. Frozen all the way home (approx 5-6 hours.)

 

As others are said, if your flirting close to the limits of the law its too easy to make a mistake and end up paying for it... i just wouldnt do it.

In any case, 20KG of fillets per person is a bloody lot of fish!!!

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Agree

Thu, 2012-02-09 12:08

20 kg of fillets is a lot of fish but with a familly of 4 back home and the usual relatives wanting a bit of fish from the trip it doesnt take long for it to go .

As stated before , I have no problem with staying within the law / limmits , whatever the rules are .

There are so many fishos that go on trips like this that I'm sure this situation is not a one off .

I dont want to break the law . I must mention thet the fisheries officer that I spoke too was more than helpfull and was pleased that I called him to find out what was permitted .

His point of view was that they are there to help and if more poeple would phone and clarify the regulations there would be less problems with people getting in trouble by not knowing the rules .

 

 

 

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Pick up a couple of hitch

Thu, 2012-02-09 12:18

Pick up a couple of hitch hiking backpakers on the way and you can carry 80kg of fish :)  Might get something else too

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Some crabs maybe ;)

Thu, 2012-02-09 19:28

Some crabs maybe ;)

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Wrong

Thu, 2012-02-09 19:38

Nothing wrong with bringing back your full 20kg limit, especially if it consists of reds, trout, bluebone etc.

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