Bris river classic.

[aussie123]

i have just had a very lengthy decussion with a fisheries officer form pinkinba and i short, their is no set law that you canot target a shark that is over 1.5m if you have the intent of either tag and release or release purpose only. if you are out their to target these sharks with intent on keeping them ( eg if you have big gaffs aboard ect )then it is deemed you are targeting for take purpose.

That is the exact reason why you should get a clarification of the law in writing because as mentioned earlier you can ring 3 different inspectors and get three different opinions.

I have just gone through the various QLD fisheries acts and I finally found the laws regarding sharks over 1.5m.

They are illegal to target.

Accidental capture is fine but you cannot go out and actively target sharks over 1.5m.

Sharks are regulated by a maximum size limit and once they reach more than the regulated size limit they become a regulated fish which means as a rec angler you cannot TAKE a regulated fish.

The definition of TAKE under the fisheries act includes to catch and/or attempt to catch.

This is the relevant sections of the act that apply to any fish with a minimum and/or maximum size limit.

135 Fish regulated by size

(1)This section applies if, for an entry for fish identified in schedule 2, part 2, column 1, the symbol ‘S’ is stated in schedule 2, part 2, column 2.

(2)If a minimum size (the regulated minimum size) is stated opposite the symbol in schedule 2, part 2, column 3, only the identified fish that are smaller than the regulated minimum size are declared to be regulated fish.

(3)If a maximum size (the regulated maximum size) is stated opposite the symbol in schedule 2, part 2, column 3, only the identified fish that are larger than the regulated maximum size are declared to be regulated fish.

(4)For subsections (2) and (3), the size of a fish may be stated by reference to the size of a part of the fish, including, for example, if the fish is a crab, the size of its carapace.

To be deemed a Regulated fish it has to meet a certain criteria and for sharks that satisfied criteria is any fish over 1.5m

138 Declaration subject to condition

Despite sections 131 to 137, if the declaration of fish as regulated fish is subject to a condition, however expressed, stated in schedule 2, part 2, column 3 or part 3, column 3, the fish is declared to be regulated fish only if the condition is satisfied.

Example—

Under schedule 2, part 2 dead regulated coral reef fin fish is declared to be regulated fish only on the condition, stated in column 3 of the schedule, that the pectoral fin has not been removed from the fish.

Regulated fish cannot be subjected to any of the following activities.

The term Taking also means attempt to take under fisheries legislation.

Part 3 Regulation of activities involving regulated fish

140 Meaning of activity involving regulated fish

An activity involving regulated fish means—

(a)taking, buying, selling, possessing or using the regulated fish; or

(taking, buying, selling, possessing or using the regulated fish in a particular way.

141 Particular activities involving regulated fish are prohibited activities

(1)Subject to subsections (2) and (3), for an entry for regulated fish identified in schedule 2, part 2, column 1 or part 3, column 1, an activity involving the regulated fish stated opposite the entry in schedule 2, part 2, column 4 or part 3, column 4 is a prohibited activity.

(2)If the activity is subject to a condition, however expressed, the activity is a prohibited activity involving regulated fish only if the condition is satisfied.

Examples—

1Under schedule 2, part 2 a person is prohibited from taking jungle perch only if the relevant stated condition, namely that the person is in possession of a spotted flagtail, is satisfied.

I have not bothered to post the list of declared regulated fish but this information and the list of regulated fish can be found in the Fisheries Regulation 2008 document.

[ellicat]

After the BRC is over I will move all the relevant posts on the legality of taking fish etc etc to a new topic and "Sticky" it in the appropriate forum category/ies.

Excellent discussion gents.

[Carter]

So if an oversized, and undersize fish can be measured have its picture taken and no take fish like Mary river cod can be measured and have its picture taken without causing a fuss on this site why cant a Barra out of season have its picture taken?

If taking a picture of a Barra is illegal than the same would apply to undersize, oversized and no take species, they all have to be returned imediately to the water. This site is full of illegal activity :woohoo: :woohoo: :woohoo: :woohoo: :woohoo: :woohoo: :woohoo:

Nobody will ever get fined for taking a quick pic and returning the fish to the water.

Heya Carter

You are fine to measure and quickly take a photo of any Barra that you may accidently catch.

Barra was one of the fish I specifically asked about because of the rucus you guys got over the fish you caught last month.

I personally didnt catch any in November I caught all mine in the last 3 days of October.

But thanks for doing the hard yards for us all and clearing it up,It is as I suspected. :cheer:

No more politics for me :silly: :pinch: :S :dry: