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Filming Illegal Fishing- My Rights


FishingGuy

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Hey Raiders,

As you all know the taking of undersized fish is a major problem. My grandma lives in North Sydney so i'm regularly down in the harbour on my bike riding around with friends. I also do photography as a hobby so I usually have some sort of camera on me.

My question to you guys is, if I see someone who has clearly undersized fish in their bucket, do I have a right to film or photograph the fish?

I am aware that you should never approach someone who may turn violent, as a Volunteer Ambulance Officer, safety is always first. I am just sick of seeing people taking undersized fish and i'm sure you guys all are to. From now on I will try and record number plates, and any other details of the illegal activities.

Cheers,

FishingGuy

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I've seen someone get stabbed through the hand for getting involved in matters like this.

Would be best just to call fisheries and provide them with as much information as you have available inc car plates if possible

The missus listens to the police scanner when going to sleep for whatever reason and the other night there was a call about someone putting a massive net across a lake around port Stephens and leaving it overnight. Cops just left it to the fisheries even though they have the car plates. Shame really.

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In my humble 5cts, you are basically free to record anything and take picture of anything you want. But you are not allowed to publish them. Would be nice to have a hall of shame on some public accessible website. But I think legally it's not possible.

On the other hand, you could publish, and remove on request.

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I would contact fisheries with the hope they take further action but it's a shame though as it doesn't always happen.

Take as many photos as you can of the illegal activity occurring, the person/s faces, any registration plates/numbers (boat or car) and email the fisheries. Try stay discrete when taking photos, as mentioned above some people do becoming violent if they know what you're doing.

I witnessed a group of 3 people collecting oysters from a bay a few days ago and they had over 500 oysters (limit is 150 for 3 people) in buckets, bags and in the boot of their car. I called the police and they told me they would get the water police to come to the bay - an hour later still nothing and those people left but I did email fisheries with all details, photos etc and hope they will take further action.

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Anyone watched that show Coast watch Oz?

Very upsetting when you watch the show and they go on about how they can be facing a large (in the thousands) fine or jail time. They catch them red handed and at the end of the show it raps up by saying "The person of interest received a $400 fine etc etc"

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Anyone watched that show Coast watch Oz?

Very upsetting when you watch the show and they go on about how they can be facing a large (in the thousands) fine or jail time. They catch them red handed and at the end of the show it raps up by saying "The person of interest received a $400 fine etc etc"

Yep, seen a few episodes now.

One that really got my sheckles up was an abalone poacher that had the worst attitude and just didnt give two hoots about it, and was actually asking what would and wouldnt be confiscated on his next illegal haul. The credits at the end said he had been convicted whilst on a conviction and ended up in prison. People like him will end up doing it over and over again anyway.

I hate it when I see illegal stuff happening and the criminals getting away with it, and that coast watch show is the worst for it along with all those border patrol shows ect. Whats the point in having laws in place if the people breaking them are just going to walk off scott free???

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You can film whatever you like in a public area

Not exactly

"A public place is a social space that is open and accessible to all, like a park. Generally, you have a right to take photos and videos of public places and the people within them. But if you are taking photos or videos in a way that is offensive or a nuisance to those around you, this can be a crime. For example, even though most beaches are public places, you can get in trouble for taking invasive photos of people in their swimmers without their permission"

If he is taking photos of these people and they call the cops and say he is be a nuisance or however you want to word it then he could be in some trouble. End of the day it's not worth it. As long as you do the right thing.

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I have spoken to Fisheries about this due to the goings on at Avoca. And was told that unfortunately just because they are in a bucket there is nothing they can do,they have to catch them in the boot of the car.A photo of a bucket of fish does not mean they took them [Even though we all know they do]

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I have spoken to Fisheries about this due to the goings on at Avoca. And was told that unfortunately just because they are in a bucket there is nothing they can do,they have to catch them in the boot of the car.A photo of a bucket of fish does not mean they took them [Even though we all know they do]

What if they are dead in the bucket??

Cheers,

FishingGuy

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  • 2 weeks later...

suxs but imo not everyone knows the law so first time offenders should be given a scare and education. however, repeat offenders should be get heavy penalty. Banning from fishing?? :) I heard a story that an abalone poacher was followed to his home and got busted by fisheries. I think as a fellow fishermen, it's better we just have a small conversation with the culprit and try to convince them it's unethical rather saying it's illegal. I'm sure most of us have broken the law, I've used undersized tailor as live bait without know that it's illegal (thought it was ok as I'm not taking it home for a feed). After talking to few other fishos I've found out it's not allowed, plus I never caught anything with it so I don't do it anymore. If more fishos do the right thing then hopefully others will follow. I don't suggest you take photos as you don't know how they react, just talk to them. I normally just have a chitchat and once they warm up to me, I then tell them how I got busted for undersize fish etc (lie) and how it can happen to them.... this generally works as most say they didn't know and won't do it again. Not sure if they will offend again but I know I've done the right thing to educate the fisho in the nicest way possible :) dead or not, it's not illegal as they cannot prove that this person caught it and kept it. They can just lie and say someone else put it there without knowing.

Edited by gianniz
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