Marine Guardians get tough.

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This article appeared in the Newcastle Herald fishing column on the 7th December 2007.

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Some of the comments by the MPA representative in this article were of concern to us so we fired off this letter to the MPA manager at Port Stephens:

10th December 2007. Manager,
I refer to the fishing column in the Newcastle Herald on the 7th of December 2007 titled "marine guardians get tough", in regard to your representatives comments about fishing rods which are rigged being stowed, "by "stowed" we mean on the floor, not in rod holders." We are concerned about this statement due to the fact that common stowage points for rods on boats are designed in the manner of overhead "rocket launchers" which could be commonly referred to as rod holders, these devices are not designed to hold rods while being used to fish, as most are simply not strong enough, we contend that rods are deemed to be stowed when in these particular design of storage points, apart from this there is also the potential for damage to gear and injury to persons when "stowed" on the floor of the boat, I have searched the legislation and cannot find any definition of "stowed" in the legislation. If, as stated by the MPA representative that rods are deemed to be illegal unless they are stowed on the floor is of serious concern to us as we know as well as you probably do that any vessel which launches anywhere east of Nelson Head to fish offshore must traverse a sanctuary zone, and the majority of these vessels will have their rods rigged and stowed in rocket launcher style storage points, these skippers will think that they are abiding the law, we are concerned about the interpretations of the definition of "stowed" in this case as many law abiding fishers will become innocent victims of overzealous enforcers and we are seeking to have these issues made clear by you on this occasion.

Regards
Secretary
Port Stephens Ecofishers.

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I recieved a reply from the MPA via phone by Mr Andrew Field at 3.15pm on the 11th of December 2007. Mr Field relayed to me that he himself was a little concerned by his colleagues comments when he read the article and that he agreed with our comments and that to travel with rods stored in rocket launcher style storage will be deemed to be properly stowed, we are glad to hear that the MPA will not be issuing infringement notices to persons travelling with rods stored in this style of storage, to us this is simply a matter of commonsense.
My only concern is that this commitment is not yet in writing and that there may be some officers on the water who are a little more zealous in their approach to the matter, in this regard I will still be raising this issue with the minister as I think the definition of "stowed" needs to be made clear in the legislation.
I thank mr Field for his prompt response to our concerns.

[CEO]

 Thanks Row. And what was the minister's response from your 2007 enquiries? Stowed! We all know who should be "stowed," over this nit picking issue. The sooner Marine Parks are given to NSW Fisheries the better. Sensible, relevant management and a much fairer go for all.

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I can't find any response made by the minister, perhaps I did not get around to writing to the minister.

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MPA quote from the above article.

"If you transit through a sanctuary zone, you can have rigged gear, but it must be stowed
and not ready for deployment, by stowed we mean on the floor, not in rod holders. If you
stop (in a sanctuary zone) gear must be unrigged".

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The following came from a thread on another fishing site where the topic was about a couple of blokes fined for fishing in a sanctuary zone.

By MPA

Folks please be careful that your comments and critiques have a factual basis. Free speech is a fundamental right in our democracy. Unfortunately when a topic is based on misinformation, peole get lead toward conclusions that stray a long way from reality. I happened to be the skipper on the MPA vessel that approached these people offshore Little Beach and I can assure they were not swimming, and were doing a lot more (with respect to fishing) than has been advocated herein. The person interviewed demonstrated a thorough understanding of Marine Park rules and zone locations.
The area in question has been closed to all types of fishing for 25 years (previously a DPI Aquatic Reserve). We do go hard on people fishing in this location as can be expected. To date I am not aware of anyone we have booked for simply `possessing' fishing gear in this location. However, since the issue has attracted so much attention it is timely to relay the correct legal interpretation with respect to NSW sanctuary zones:

As a basic rule, you can not be in possession of fishing equipment in a part of the marine park where use of that equipment is not permitted. However, the MP Regulations provide a number of defences where possession of such gear will negate the commission of an offence;

You can transit through a sanctuary zone with fishing gear on board and fully rigged, provided no part of the line is immersed in the water and no hook is baited.

You can be anchored, moored or aground in a sanctuary zone provided all lines are unrigged (tackle removed).

The legislation offers no defences for drifting through a sanctuary zone hence I would advise fishers to apply the `unrigged' principle above.


It can be problematic to review only part of a piece of legislation given that numerous sections inter-relate. That said, I have provided the full clause with respect to `possession' of gear in sanctuary zones below.

Please be advised that the intent is not to book people for `possession' who would otherwise be doing the right thing. A little common sense here applies. Consider the case where a chap is anchored and fishing in a sanctuary zone. Upon seeing the MPA vessel approach he pulls in his line and sits back as if nothing is happening. The `possession' legislation is designed to enable action to be taken in such situations when the evidence for `fishing' per se is not 99.9% ie. strongly suspect he may have been fishing, may have even seen him through binoculars. I suspect all people doing the right thing would appreciate this is a reasonable approach.

By way of further example; during the latest xmas/ NY period in Port Stephens Great Lakes Marine Park, we identified 200 people fishing in sanctuary zones during our routine patrols. Of these 170 received formal cautions and 30 Penalty Notices ($500) were issued. 7 people were cautioned for `possession' of equipment, and two Penalty Notices issued for this purpose.

[CEO]

   Why not caution everyone? And only issue reasonable (not $500) penalties for repeat offenders?  No wonder they are called the "fun police," by the community.

[CEO]

      "You can be anchored, moored or aground in a sanctuary zone provided all lines are unrigged," says the Fun Police!
   We don't believe one word of that! More b.s from the MPA! The Marine Park Regulations 1999, Division 2, Item 9 states:

   "SANCTUARY ZONES; VESSELS TO BE MOORED ONLY AT DESIGNATED SITES. "A person must not, while in a sanctuary zone of a marine park, anchor or moor a vessel, except in an area, or at a mooring, designated for that purpose."

   Clearly, that anonymous Fun Policeman, doesn't know the MPA rules and regulations! They lie all the time. From the time these blow-ins, arrive in a coastal town and re-zone people's lives.