Crayfihing WARNING

[Friknam]

Hi Guys.

Just a friendly warning. Make shure you fill in you catch return before you enter the water or start your fishing. And make shure u complete the catch return BEFORE you leave the high water mark.

Got smacked with a R500 fine for not completing the catch return as indicated above. Got my four size crays, got the permit, forgot to fill in the return. 

Do any of you guys know if one can at least apeal for a less stiff fine? I know I was not complying exactly with the permit conditions, but it was a technical oversight and was REALLY not done in bad faith.

 

[killer strepie]

Friknam wrote:

Hi Guys.

Just a friendly warning. Make shure you fill in you catch return before you enter the water or start your fishing. And make shure u complete the catch return BEFORE you leave the high water mark.

Got smacked with a R500 fine for not completing the catch return as indicated above. Got my four size crays, got the permit, forgot to fill in the return. 

Do any of you guys know if one can at least apeal for a less stiff fine? I know I was not complying exactly with the permit conditions, but it was a technical oversight and was REALLY not done in bad faith.

......ek kan dit amper nie glo nie

 

[kirk]

I got a warning the other day for exactly the same thing?? they did threaten to fine me too.  Its so irritating we have the licence, stick to the quota , pay the launch fees have boat licence etc..... and you still get nailed . while the poachers run in amongst the mcm guys scott free.

Thanks for the heads up.

 

 

[miles]

Hiya

The law is there to PROTECT the crayfish stocks. What they're trying to do is prevent recreational crayfishers from catching their allotted 4 crays, then taking it home and coming out again to harvest another 4, etc,etc. Some guys take out 20-30+ crays like this every day. Once you've filled your permit in, you can't take out any more crays for that specific date. Thats the reasoning behind it.........

Pointless moaning about it. Its the LAW. Abide by it or risk getting fined.

 

[Sharkskin]

Same thing here- got warned at kommetjie a few weeks ago... eish man, thats a tough call. 

 

[Serra Moz]

OK....now it makes sense for me too (Not being from Cape Town)

Thanks Miles I now understand the point after you explained it. Yes, I sure you will get guys coming back for more bugs!

That's what they do in Durban with Shad (change clothes and vehicle or move to another beach)

 

[kirk]

Thanks Miles makes perfect sence now , why dont they tell u why u need to do it then we as law abiding citizens would understand the red tape .

 

 

[Klipdrift]

Guys just to add to what Miles said. It's very important to complete any return slips and also to complete any surveys or logs at clubs regarding catches. It helps establish the strength of our stocks and the impact of the seasons fishing.

 

[miles]

Thanks Miles makes perfect sence now , why dont they tell u why u need to do it then we as law abiding citizens would understand the red tape .

Kirk, the onus is upon YOURSELF to educate yourself. The LAW loves using the phrase: "ignorance is no excuse"

When you started fishing, YOU had to acquaint yourself with all the various different species, their bag limits, size limits and closed seasons. YOU also must know which area's are restricted. Unfortunately, inspectors don't have the time to protect our resources, let alone educate all on every fishery law passed.

There is usually sound reasoning behind our fishing laws (note, i said USUALLY!!) If you have any questions, rather call MCM or ask here on the forum. Rather abide by the laws, even if you don't quite understand them. Its the RIGHT thing to do, regardless of how silly a law might seem..........


 

 

[kirk]

I abide by the laws however common courtesy's should prevail with these enforcers and might I add some are like brick walls, if they warn you its their job to tell us why we might have transgressed the law( otherwise we think they are being petty)  and the consequences thereof.  takes a few seconds ?

cool bananas know i am aware of why u must fill in the first part before departing and fill in the balance before u step foot on land, wet and all my ducks not the driest of rides.

I feel sorry for they guys who have been fined on a technicallity as such with no ill intent. Every case  must be judged on its merrit and some leeway would go a long way in MCM regard i.e. MCM use your initiative guys you will get a lot more cooperation.. my 2c.

 

[REDO]

Hi Friknam

It might be worth your while to speak to the prosecutor. I was fined for having too many white mussels in my possession, but after I spoke to the gent, he gave me a form to write down my explanation. A few weeks later I received a significantly reduced fine and another form in case I was still not satisfied. Needless to say, I paid the reduced fine.

My 2c worth.

Good luck

Redo 

 

[Angus]

What is so difficult about understanding the law/regulations? If you decide to practice any type of sport...surely you must have the common sense to familiarise yourself with the rules and regulations pertaining to that particular sport? If you purchase any type of permit the onus is on you to read and understand the fine print.

 

[miles]

I feel sorry for they guys who have been fined on a technicallity as such with no ill intent. Every case  must be judged on its merrit and some leeway would go a long way in MCM regard i.e. MCM use your initiative guys you will get a lot more cooperation.. my 2c.

Kirk, just for my sake, would you please explain to me what a poacher looks like? How must an inspector know whether or not the person had ill intent? I've seen guys with million rand + boats take crays in excess of their bag limits, i've seen guys on all sorts of vessels, from R10 000 bath-tubs, to R500 000+ skiboats, take over their limit of crays. So, HOW EXACTLY would an inspector know what YOUR intent is?

 

In your previous post, you mentioned:

Its so irritating we have the licence, stick to the quota , pay the launch fees have boat licence etc..... and you still get nailed . while the poachers run in amongst the mcm guys scott free.

As per Wikipedia, the definition of poaching: Poaching is the illegal hunting, fishing, trapping, or eating of wild plants or animals contrary to local and international conservation and wildlife management laws. Violations of hunting laws and regulations are normally punishable by law and, collectively, such violations are known as poaching

So, technically, by not adhering to the regulations, PRINTED on your fishing licence, YOU ARE IN FACT POACHING!!!

Please don't try and make the inspectors lives any more difficult than it already is. You have NOT abided by the law and thus you have broken the law.

Your argument that you need the laws explained to you does not hold merit. When a traffic officer pulls you over for speeding, do you question him on WHY there are speeding limits?

 

[Friknam]

Thanks for the reply's guys. Miles, I agree it was my responsibility to be familiar with the permit conditions and by not complying I was guilty.

One of the reasons I do not always fill in my form before I start was that I might go to Bettys bay, get nothing then try at Pringle bay. Get my quota and fill in my form.

Learned my lesson though, will fill it in BEFORE I start from now on.

I do not however agree with the inspectors on the point that I have to fill in my form below the high water mark. It does not say so on the form nor in  the relevant laws. I spent almost the whole day yesterday searching for an explanation on MCM's site, DEAT's site, the government gazette and the entire law library. Nothing.

The permit says "immediatly after" the fishing effort. To me that means, I go to my car get my form fill it in and then drive away. Seems open to interpretation to me and without any exact explanation as to when the form needs to be completed I think alot of guys are gonna get a big surprise.

 

 

[Nick]

How is it possible to fill in these forms below the high water mark? Does anyone actually carry thier license and a pen with them while they are in the water?

 

[kirk]

miles wrote:

I feel sorry for they guys who have been fined on a technicallity as such with no ill intent. Every case  must be judged on its merrit and some leeway would go a long way in MCM regard i.e. MCM use your initiative guys you will get a lot more cooperation.. my 2c.

Kirk, just for my sake, would you please explain to me what a poacher looks like? How must an inspector know whether or not the person had ill intent? I've seen guys with million rand + boats take crays in excess of their bag limits, i've seen guys on all sorts of vessels, from R10 000 bath-tubs, to R500 000+ skiboats, take over their limit of crays. So, HOW EXACTLY would an inspector know what YOUR intent is?

I agree it seems as if one cannot voice ones oppinion on this site, spend some time in Kommmetjie and open ones eyes- if MCM arnt arround its a free for all , also ask residents who have been threatened when they have approcached these elements. I do not want to get into a debate on this either. So I  accept we all look like poachers and should be treated as such guilty untill proved innocent. 

I also dont need MCM to explain the law to me either however , if they said" the law requires u to sign your paper before entering the water because we want to make sure u fish legally only once a day" (with regards to crafishing) it makes perfect sence and i oblige accordingly.   But when I asked why i was abrubtly told to just sign it or get fined finnished? Hence i thought it at the time to be a petty technicallity- now I understand why thanks to the posts on this site.
 

In your previous post, you mentioned:

Its so irritating we have the licence, stick to the quota , pay the launch fees have boat licence etc..... and you still get nailed . while the poachers run in amongst the mcm guys scott free.

As per Wikipedia, the definition of poaching: Poaching is the illegal hunting, fishing, trapping, or eating of wild plants or animals contrary to local and international conservation and wildlife management laws. Violations of hunting laws and regulations are normally punishable by law and, collectively, such violations are known as poaching

So, technically, by not adhering to the regulations, PRINTED on your fishing licence, YOU ARE IN FACT POACHING!!!

Please don't try and make the inspectors lives any more difficult than it already is. You have NOT abided by the law and thus you have broken the law.

Your argument that you need the laws explained to you does not hold merit. When a traffic officer pulls you over for speeding, do you question him on WHY there are speeding limits?

No you are reading btween the lines here - Its my constitutional right to ask how i trangressed and get an explanation i.e/eg "what speed was i actually doing can i see the recording? If I so wish similar to what i was asking above as to why i could not see the need to sign the paper before entering the water , have allways signed it when i got back and have never been tempted to to go catch more somewhere else. Hope this clears things up Miles?
:sharkyour comments make me feel like this guy on the beach

 

[pietpetoors]

Hi, somebody said in a previous post
"The law is there to PROTECT the crayfish stocks. "
Is this really the case?

I was rather cheesed off the other day when  a friend of mine bought some crayfish at "The Crayfish Co." in Saldanha this week. When he arrived at my placed I told him that most of the crayfish he bought was under size. He was upset an phone the owner of "The Crayfish Co." The owner then told him that the commercial guys are allowed to take out 75mm crayfish as where our recreational guys may only take out 80mm crayfish. NOW WHO ARE THESE LAWS PROTECTING??? The commercial guys or the crayfish stock?? I mean this is crazy. The commercials are taking out more crayfish than the recreational guys so actually this should be the other way around.

The other day they fined two children at Jacobsbaai R2000 because they were playing with their nets after 18h00 in the water. The children would nether even catch something from the side with their nets but they got fined, but in the mean while you can go to Paternoster at any time during the year out of season and illegally buy crayfish off the street in broad daylight without anybody asking any questions.

 

[156]

Couple of additional points worth noting i.r.o crayfish permit:

1.You must fill in details before each launch/ dive. When your permit is full (40 launches- irrespective of catches) you must purchase a new permit.

2.The crayfish permit is valid for one crayfishing season only, it cannot span the end of one season and the start of the next.

While ignorance is said to be bliss it can also be quite expensive.