In 2022 NSWCFA sought formal advice regarding a possible contradiction between the Fisheries Management Act which allows anglers specific/defined access to streams, and the Biosecurity Act, which allows landowners to have management plans which affect how people access and behave on their properties. I wrote about it in Burley Line but after discussions were raised in a recent CAA meeting, I thought useful to put into ‘Tips’ blog.
Mr Jim Harnwell, DPI Program Leader Stocking & Fisheries Enhancement Operation, sought advice from DPI’s legal team, .
The advice is:
The Biosecurity Regulation states that Division 12, which applies to biosecurity management plans, “does not apply to a person who enters or is in a management area under the authority of an Act or another law.”
Section 38 of the FMA provides authority for fishers to enter land to take fish, in certain circumstances. This means biosecurity management plans do not apply to fishers if they are on land, taking fish, in accordance with section 38.
The authority to be on land under section 38 of the FMA is limited by section 38. For a fisher to rely on section 38 they must be in a boat on the river or creek or on the bed of the river or creek. Bed is defined as “bed of a river or creek includes any part of the bed of the river or creek which is alternatively covered and left bare with an increase or decrease in the supply of water (other than during floods).”
If fishers are not taking fish and in a boat on the waters of a river or creek, or on the bed of the river or creek, any biosecurity management plan on the relevant land will apply to fishers. To be clear, they cannot access land where there is a biosecurity management plan in place beyond the bed of the river or creek, except in accordance with that biosecurity management plan.
The crux then becomes the definition of ‘bed of the river or creek’. This was the subject of another post on the website. Here. Suffice to say if you are standing in the water you are within the law. Standing on dry land of the bank becomes problematic.
Regardless, even if the angler had been accessing the water in accordance with the laws, seeking to argue relevant rights with an aggrieved property owner will generally not go well. Sticking to public access points, or knocking on doors to ask permission removes uncertainty.
The NSW DPI Angler Access website, has the ability to provide you with a georeferenced map of a selected area showing access points. This is in the form of a special pdf. Internet access is required to connect to the access website, but the map created can be downloaded onto your phone for viewing offline.
The pdf map is used by an app called Avenza Maps to display your current location on the map without the need for mobile data connection.
Production of the map is a little complicated. The screenshots here display the process using a phone, but should be easier on desktop computer.
Go to the access website and zoom to the area of interest.
On my phone I couldn’t see the print button but is available via the green button at the bottom right of screen.
Press the brown print button.
I tinkered with some of the advanced settings – not sure if it had any real effect, but I thought the map should be larger. I also opted for km scale.
Then hit print button.
Then tap “1. Fishing Access Map”
Tap ‘Save to Downloads’. Unfortunately it will be saved with the horrible name. I take steps via the app MyFiles to rename it.
When you open Avenza Maps, go to My Maps which shows maps you have already loaded. Here you can see I’ve got a number already. Unfortunately the free version of Avenza limits you to three maps … we’ll deal with that in a moment.
Press the orange + button
Press Download or import a map
Press Cloud storage or device
Here you can see my map file renamed as Mowamba. If you produced the pdf on your desktop and transferred to phone you may need to navigate to where you stored it. Click on your pdf map name
The message above is because of the 3 map limit, you will not see this when starting to use Avenza. Click on PROCEED ANYWAY
I tapped on the three dots next to an unwanted map and chose to delete it. I suspect the pdf remained on my phone somewhere so I could reload in the future. In due course I could tap on the Mowamba map
Talk to Bill sometime if the instructions are too confusing and get a live demo.
Changes to rigged rods regulations – trout fishers can now use two rods and lines in general trout streams, consistent with the rules for general trout dams and the number of lines permitted for use in general inland waters
Fish stocking update
Rainbows stocked in Googong Dam
Politics interferes with science as KNP feral horse cull fails
NSWCFA Interclub Fly and Lure Fishing Meet 2023
Next meeting of NSW CFA. The next quarterly general meeting of the NSWCFA will be on Saturday 18 February via Zoom.
This season still holds opportunity for some good club fishing, still time to get out and bag some fish and provide great interaction with other Canberra Anglers’ members. There is however an event on the horizon which would allow us to interact with some new people from further afield in a friendly competitive fishing meet.
I would like to promote this new event, or in any case a resurected event, that will encompasses fishers of the greater NSW region, to be held at the Glenbawn Dam environs, near Scone in the Hunter Valley.
The event has in the past been seen as quite prestigeous, there are trophies on offer. Have a look at the website for further details in order to decide to join me and participate.
The event is the annual INTERCLUB MEET as organised by the CFA in years past. I would like to “captain” a team from our club to participate in the event being held in mid MARCH.
So I am asking for a show of interest to form a group of representatives from our club to be involved and join me.
The 2023 Fly and Lure Fishing Interclub Meet is being run by the CentralCoastFlyRodders on behalf of the NSWCouncil of FreshwaterAnglers. The Meet will be at Lake Glenbawn and surrounding streams from Friday17-Sunday19 March 2023.
Full details of the Interclub Meet 2023 are available on the CCFR web site:-
http://www.centralcoastflyrodders.com.au/
Go to the CCFR website, click on the Interclub banner heading where you will find links for General Info, Program and the competition rules for Fishing, Skish (Plug) Casting and Fly Casting.
Although this is a fundraising event for the NSWCFA, the costs have been held to a minimum. There is a registration fee of $50pp to cover the major cost, that of providing the two meals, Saturday BBQ lunch and Sunday brunch.
Accomodation is on an individual basis however.
Please get back to me with an indication of interest or any relevant querries.
I hope you all had a great holiday season and caught up with friends and loved ones. I trust that most of us would have taken the opportunity to also wet a line of your choosing. The committee are setting up our club night and fly tying program for the next quarter and are interested in your thoughts of topics you would like covered and your interest in presenting to the club or hosting fly tying with a fly of your choice. Its great to hear about club members adventures, lessons, tips and tricks. Please email committee@canberra-anglers.asn.au with your thoughts or volunteering for one of the club night events.
We currently looking for a presenter for our 8 February meeting….any volunteers?
This free article popped into my inbox today. Provides a very straightforward description of key insects in what looks like a pretty generic way. Even has suggested sizes to match our flies to the natural.
It will likely be North American conditions. We’ll need our resident entomologist, Jaime, to endorse.
Just an update to let you know that the second batch of sub-adult rainbow trout were released into Googong Dam today. This stocking of 1500 fish compliments a similar release earlier in the year. The stocked fish ranged from 200 to 250mm and they should stand a great chance of avoiding redfin predation.
Regards
Steve Samuels President Monaro Acclimatisation Society Inc