Legislation to Ban Fishing Comps is before the Senate

[Gary Fooks]

National Animal Welfare Bill, currently receiving submissions (until Nov 30th).

We should all be aware of this Bill Proposed by the Greens in the Senate


http://www.aph.gov.au/Senate/committ...are05/info.htm

If this Bill succeeds it will mean the end of Catch and Release Fishing, end of any fishing competition and put Recreational Fishing in general at Risk


In the Definitions (Page 79) the Bill defines an animal is any of the following:
(a) a live member of a vertebrate animal taxon;

The common definition of a vertebrate is - An animal with a backbone that includes mammals, birds, reptiles, amphibians, and fishes

Section 64 (Page 40) of the Bill states: Division 2—Cruelty offences
64 Animal cruelty prohibited
(1) A person must not be cruel to an animal.
Maximum penalty: 1000 penalty units or imprisonment for 2
years.
(2) Without limiting subsection (1), a person is taken to be cruel to an
animal if the person does any of the following to the animal:
(a) causes it pain that, in the circumstances, is unjustifiable,
unnecessary or unreasonable;

Further in the Definitions (Page 68) pain refers to both psychological and physical pain and, in an animal, is taken to be the same sensation that an average, well human, having suffered the same trauma, would experience. So what they are saying is that to hook a fish in the mouth is no different to hooking a human in the mouth.

Section 82 (Page 49) states: Meaning of prohibited event
A prohibited event means:
(a) a bullfight or organised event held for public entertainment in
which a person provokes a bull in a way that is likely to
cause it to charge;
(b) a cockfight or dogfight or other event in which an animal
fights, or is encouraged to fight, with another animal;
(c) a canned hunt or other event in which an animal is killed in
an enclosure to obtain a trophy;
(d) coursing or any other event in which an animal is released
from captivity to be hunted, injured or killed by another
animal;
(e) an event in which an animal is released from captivity to be
hunted, or shot at by a person;
(f) an event prescribed under a regulation held for public
enjoyment or entertainment, with or without charge to
anyone present, at which anyone participating in the event
causes an animal pain.

Check out paragraph (f) above.

That clearly includes fishing competitions.


This Bill probably wont make it though THIS TIME.

The closures to the Barrier Reef were not based on Science - they were based on a Senate Deal - Howard got the GST through the Senate in a deal with Meg Lees to get 33% of the GBReef closed off to fishing - whether it needed it or not.

If the Fishing Party in Qld – with just 30,000 votes had not been there – the Greens would have had the balance of power in the Senate. And Howard would probably have given them this Bill in exchange for his Industrial Legislation.

We are that close to losing C&R Fishing and Fishing Competitions in this Country. They are already banned in Germany.

Gary

PS: Interpretation of the Act by Derek Bullock - A Public Servant experienced in Drafting Legislation

[Salmo]

This sort of stuff was bound to happen sooner or later.

These Grass eating (and prbably smoking) animal welfare lobbyists who want us all to become vegan.

We need a pollie to introduce a bill which protects the countries vegetables.

These murdering greenies are cutting the heads off of poor defenceless cabbages, and violently ripping the baby spinach away from their mothers, not to mention the torture they are committing on Soya beans when they crush the milk out of them.

Absolutely criminal, and should go to the international court, so we can ban has been hippies

[Gary Fooks]

This Bill may get up for other reasons - Howard may do a deal to get his IR legislation through the Senate. The Greens needs a win, and Howard wanst his IR Bill. So it is just possible there may be some strange deals that go on. If that happens Fishing will be dead before Christmas. Unlikely but possible.


Derek did a great job in his analysis - thanks.

But he did miss one point. Under S87 Animals Used to feed Another Animal I think we would also see a total ban on Live Baiting.

This Legislation would also see the end of Kids Fishing Days (under the same section that stops fishing competitions)

Again: this has already happened in Germany which is the leading legislation that other Green Parties tend to follow.


Gary

[deacon]

end of fishing ay just try and stop me ya greenys what ya gonna do throw carrots at me there is no way that this will pass it makes to much money.

deacon

[Gary Fooks]

"Try and Stop Me"

That’s the kind of non sense they said in Cairns when all the GBReef closures were happening. "They will never do it" so many said.


Since then the DPIF survey shows that fishing has fallen from 35% to 19% - and Boat builders and Tackle Shops have gone bankrupt and closed. ( I spent last week with the BIA Chairman who showed me the 90 Businesses seeking restructuring Funds from Government, many of them at or near bankruptcy)



Do not stick your thick neck in the sand - this threat to fishing is real and close.

I don’t mean to be insulting - but you guys need to wake up to reality.

[wotawaste]

I am sure this is a real threat,but let us not panic,there are ways and means around some things,i think the old keep the bastards honest is now sit doggo until we get something we want and then go with the flow,its not a matter of having our heads in the sand its a matter of having a good lawyer.

[Gary Fooks]

“They will never do it”

“We would vote them out”

“lots of people go fishing – they will never do it”


That’s what they said in North Qld about the barrier Reef closures. How wrong they were. And how wrong some above are being.

Heavy sigh.



Look in fact THINK through the steps.

1. What is more important to Howard? His IR Legislation or Fishing? Ans= ……………………. ( IR)


2. If the Greens were offered this Animal Welfare Act in a deal for their vote for the IR Legislation would they take it? Yes/No. ( yes in a flash)


3 If the Liberals brought this in Would the Nationals break up the Coalition over it? Yes / NO ( no way – and lose power!)


4 If the Liberals brought it in and we voted them out - would Labor cancel the Act? Yes / NO (not in a million years - Labor is closer to Green than Labor)



One day such legislation will get in. And some people here will be left standing … saying “what happened?”

That’s exactly e x a c t l y what happened in North Qld over the Reef. Please please please learn from their errors.


wotawaste - I cant understand your strategy. It makes no sense to me - perhaps you could explain in detail waht you mean. Having a good lawyer is after it is Law - and too late.


Gary

[TerryF]

I know Bream Master is read by people from all States. Here is one of my posts from July 2004 about the Western Australian Animal Welfare Act.

WA State Law Publishers http://www.slp.wa.gov.au/statutes/swans.nsf has the full details of the Animal Welfare Act at http://tinyurl.com/3avak

That Act includes fines for failing to treat fish humanely.

The (WA) Department of Fisheries Fish Welfare Position Paper (attached) is open for public comment until 29 October 2004.

Public comments are needed so that the codes of practice to be developed for recreational fishing are realistic.

The Paper says [i]"...There is now a community expectation that people will treat animals humanely and with respect. This includes the treatment of aquatic animals such as finfish, molluscs and crustaceans taken from our waters or kept for other purposes.

To accommodate changing community standards and provide for greater legislative power to ensure that animals are properly protected, the (WA) Animal Welfare Act 2002 was introduced.

As a result of this Act, the Royal Society for the Prevention of Cruelty to Animals (RSPCA) is no longer the body responsible for welfare issues with respect to fish.

The (WA) Department of Fisheries now has the responsibility for ensuring the welfare of fish. .....In the future, provisions to enable regulations to deal with cruelty offences against fish and other aquatic animals will apply under the (WA) Fish Resources Management Act 1994 (FRMA).

All people should give consideration to the welfare of aquatic animals, in particular those involved with the take and handling of fish and those otherwise interacting with aquatic animals.

This paper outlines the (WA) Department of Fisheries’ position to stakeholders regarding proposed developments on fish welfare issues ....

Codes of practice need to be developed by each sector - commercial, recreational, aquaculture, aquatic tour, restaurant, hobbyist and retail - involved with fish-related activities.

It is proposed that offences for failure to comply with codes of practice will be set out in regulations and penalties up to $10,000 may apply.....

Public education is an essential component of the fish welfare strategy and will require input by both the Department of Fisheries and stakeholder groups."

=======

The first part of this post covers the position (as I understand it) with the Western Australian Animal Welfare Act which leaves fish, etc to the WA Dept of Fisheries to manage practices under the (WA) Fish Resources Management Act.

The National Bill says:- "6. Saving of certain State and Territory laws.

(1) It is the intention of the Parliament that this Act is not to affect the operation of a law of a State or of a Territory that makes provision with respect to the welfare of animals and is capable of operating concurrently with this Act.

(2) In the event that State provisions are deemed more stringent by the Commonwealth Minister, those State provisions shall prevail......"

and presumably vice versa for (2).

So (for WA people) the devil is in the details of these National and Western Australian State Acts. Other States might have or plan similar State laws....???

For good practices for catching and for releasing fish which I understand covers most, if not all, of the requirements of the laws - see http://www.info-fish.net/releasefish/

If you use those common sense and fairly simple practices, then you should not have much trouble complying with the law.

TerryF
======

Beavering away in the background.....

[Craig H]

Originally posted by TerryF
The (WA) Department of Fisheries now has the responsibility for ensuring the welfare of fish. .....In the future, provisions to enable regulations to deal with cruelty offences against fish and other aquatic animals will apply under the (WA) Fish Resources Management Act 1994 (FRMA).[/I]

Thanks Terry. I was thinking about this when I read Gary's post, now you've just confirmed my thoughts. However I can only assume that some other states won't or don't operate in the same manner though?

[Gary Fooks]

If you think its about time you did something, then write a practical ( non abusive) letter to the following

1 ALL the Senators in your state Addresses are here
http://www.aph.gov.au/Senate/senators/

2. The Senate Committee on this issue

rrat.sen@aph.gov.au


3 Join or support the Fishing Party ( The Branch in Qld is well ahead of the other States) at http://www.fishingparty.com.au

Gary

Unfortunatly Garry, with this country rapidly being overrun by the Greeny bleeding hearts, bills like this one are enevidable and only a matter of time before there passed.

All the "green zones" in Queensland are just one example of, we the Joe public having no influence in the decision making of OUR lands and waters. As mentioned the buisinesses that have gone down the tubes up there is incredible. I remember when the proposal was lodged and everyone saying "nah, no way it'll happen" etc etc. Pettitions and rallies had no bering on the final outcome. What the pollies wanted, they got. Regareless of the history and livelyhoods associated in the reef. Now seeing the maps with all of the no take "green Zones" on them it is staggering the amount of area taken away from fishermen, a passtime and occupation which has been around since fish themselves. I mean fishermen discovered 99% of the reef, we figured out most of the channels to get in and out of it, now its all for the greenies.

Victoria also copped it, areas closed to fishing by the powers that be, even though the advice given to them by rec and pro fishing authorities totally contradicted the info they were justifying the marine parks with. Rallies and all the rest did squat to stop it.
The current dredging in Port Phillip Bay is another classic example, Rec fishers, Pro fishers, Dive operators, Tour operators and just average People were screeming when the proposal came up, Big rallies, petitions, bumper stickers, court enjunctions, the whole works, yet all our feearless leader Steve Bracks could say was "It's going to happen no matter what" If they want to do it, they will.

I don't have an answer for this, but it is something for a while, I have thought would eventually happen, and this bill is just another step toward it. It may not happen for five, ten or twenty years, hopefully it may never happen. But think back a few years, once again 5,10,15. If someone back then had told you of all the restrictions and costs that will be imposed on fishing and hunting in the year 2005 you would have laughed your tits off, and told them they were full of it. But now look at us. Every year we pay more money and are given more restrictions in which to do it.

We are the political kicking ball...

cheers
Ps

[Gary Fooks]

Yes in general we are teh quiet majority.

I have seen Peak bodies fold at the knees and have no effect.

I was suprised how effective The Fishing Party - in Qld only has been. Not because they lobby or protest - but because they had tangible votes at the last election. That has given them some real influence, eg getting a review of GBRMPA and getting businesses restructuring Grants.

It makes sense looking back - I am just surprised how effective they have been even though they only had preferfences and not close to winning a seat. 30,000 votes gives more power than I realized.

G

[Squidgee_Man]

Even at worse, if this thing went through its not gonna stop me catchn and releasing bream or fishing for that matter, so they can all go and get stuffed!! the only thing it will do is make me hate those hippys more!!

[Gary Fooks]

and when they confiscate your boat after the 3rd offence?

Stop beating chests like tarzan. You know most people will obey teh law and bow down.


How many in Wa catch more than 4 Bream?

G

[Nathan2003]

So if this thing goes through,fishing will be banned?Is that what its saying?

Cheers,
nathan