Conviction For Fishing Plain Unfair

[mrmoshe]

Conviction for fishing plain unfair

IT'S a bit like using a sledgehammer to crack a nut. But in usual bureaucratic fashion, GBRMPA is clinging to its unfair and unrealistic green zone penalties like its very existence depends upon it. When the green zone laws were drafted it is difficult to believe that its authors had ordinary fishermen in their sights.

And if they did, then they should not have been trusted with the task of drafting legislation designed to protect our fish stocks. It is more likely that in their haste to prepare laws which had enough teeth to make a difference, they did not consider the potential for the legislation to catch out far too many small players in the fishing industry and brand them social outcasts.

The story of Fred Maccarone and his grandson is a perfect – but not isolated – illustration of what is wrong with the laws.

The 77-year-old Kurrimine Beach grandfather was nabbed by a spy camera in a plane fishing inadvertently in a green zone.

Fred does not dispute that he was in the wrong, he's prepared to cop that and the fine that comes with it. But in line with the legislation, a criminal conviction was recorded against him and his previously unblemished past has been tainted forever. What makes matters worse is that he didn't even catch anything – and that only serves to make the conviction even more ridiculous. Industry experts say Fred is one of hundreds of fishers who are in the same boat.

Our special report today includes similar tales of misfortune. And the response from GBRMPA? Essentially, it was bad luck, buddy.

The law is the law. But what if the law is an ass? The legal fraternity has asked for the stiff sentences to be reconsidered but the recent review of the green zone legislation and GBRMPA itself did not make any changes to the penalties.

Federal Environment Minister Senator Ian Campbell said there had to be a balance between penalties as a deterrent and system that was fair, but that clearly does not exist right now. No one denies the need to protect fish stocks but a criminal conviction for a first offence or a misdemeanor breach by a small-time recreational fisherman is over-the-top.

It is little wonder that we have seen the birth of the Fishing Party and its 'We fish and we vote' bumper stickers. Maybe a few more anglers need to join the cause.