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Logan has another go...

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The following has been doing the rounds on the fishing forums.....

National Parks & State Forests Yesterday at 15:43MEDIA RELEASECoalition the only answer as Rudd Labor and Greens slap GO PROenforcement action on recreational fishing media and anglersCEO of the Australian Marine Alliance (AMA) Dean Logan today highlighted that the only safe vote for the 2013 federal election for millions of recreational fisherman and allied businesses was the Federal Coalition, as Labor / Green policy now seeks to impose heavy fines on recreational anglers and recreational fishing media who take footage of fishing activity.Mr Logan, “Thanks to Labor and the Greens recreational anglers who fish from a kayak and who take footage with their GO PRO and upload this footage to a sponsored facebook page, will be deemed by the Australian Marine Safety Authority (AMSA) and State Agencies, as operating a ‘domestic commercial vessel’.“If their vessel does not comply with the litany of commercial vessel requirements – for instance having their boat surveyed on an annual basis – they will be subject to court action and issued with substantial commercial based penalties.“The situation is so bad that some state authorities are even suggesting that they could stream through media already uploaded to hundreds of websites and sponsor based facebook pages and issue penalties retrospectively.”State jurisdictions have enacted enabling legislation to enforce new laws passed by Federal Labor and the Greens and implemented by the Australian Marine and Safety Authority (AMSA).http://nationalsystem.amsa.gov.au/As it stands vessels involved in production of TV fishing shows are not considered promotional activity or part of a film set and so are not exempt from the legislation. As a result they will be deemed to be operating a ‘domestic commercial vessel’ if they film fishing activity and post this footage on television, onto a sponsors website or facebook page. They will subsequently need to comply with domestic commercial vessels requirements or face large fines and prosecution. Mr Logan concluded, “It’s very clear that Federal Labor and the Greens are anti-business, anti-fishing and anti-fun.“Labor simply cannot be trusted. These are draconian laws drummed up on the back of a postage stamp in Canberra.“By any objective standard the laws lack commonsense and a genuine understanding of Australian culture and the notion of a ‘fair go’.“The irony of this legislation is that Labor and the Greens have single handedly turned every fishing and boating media outlet and millions of angry Australians against them only one week into their federal election campaign.“I wonder what Kevin Rudd’s Obama spin doctors have to say about that,” ended Mr Logan

Listen to the podcast here....http://www.2gb.com/audioplayer/10956#TB ;)

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This will end up being as popular as a wet fart in an elevator.Hopefully there will be too much red tape to allow this legislation to be passed.That is if it is legislation yet and not just election hot air by the Libs, who by the way might relent slightly on marine parks, but are more than likely going to allow the supertrawler to operate within our waters.Could be tough times ahead for recreational fisherfolk, whoever wins the next election.

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I`m a little confused here - is Dean Logan`s contention based on the argument that because videoing from a kayak is not actually defined as not being a commercial activity, then it could be by inference construed to actually be considered as such?Assuming I have the right references and documents...From the Act; 7 Definition of domestic commercial vessel (1) In this Law:domestic commercial vessel means a vessel that is for use in connection with a commercial, governmental or research activity.(2) The use of a vessel in connection with an activity that is not a commercial, governmental or research activity at the same time as the vessel is used in connection with a commercial, governmental or research activity does not prevent the vessel from being a domestic commercial vessel.(5) Despite subsections (1) and (2), the regulations may provide as follows:(a) that a specified thing, or a thing included in a specified class, is a domestic commercial vessel;(B) that a specified thing, or a thing included in a specified class, is not a domestic commercial vessel.From the Regs; 9 Definition of domestic commercial vessel—things that are domestic commercial vessels (1) For paragraph 7(5)(a) of the National Law, a vessel is a domestic commercial vessel if the vessel is a volunteer search, rescue or search and rescue vessel that undertakes searches or searches and rescues.(2) However, subsection (1) does not apply to a volunteer search, rescue or search and rescue vessel that is a surf lifesaving vessel operating in sheltered waters or within 2 nautical miles of the low water mark.10 Definition of domestic commercial vessel—things that are not domestic commercial vessels(1) For paragraph 7(5)(B) of the National Law, a vessel is not a domestic commercial vessel:(a) if it would, but for this section, be a domestic commercial vessel only because:(i) it is sponsored during a sporting event; or(ii) it is being used for a promotional activity, including an activity to produce an advertisement, or as part of a film set; oretc...

As it stands vessels involved in production of TV fishing shows are not considered promotional activity or part of a film set and so are not exempt from the legislation.

TV fishing shows could arguably be a "commercial" enterprise, although one would want to see the differentiating criteria applicable to a (presumably) commercial film set and a commercial fishing show, hmmm...in other words "not considered" on exactly what basis? - but that aside, a private individual fisher uploading onto youtube or wherever could hardly be considered "commercial" by any stretch of the imagination?Particularly given that there is no financial reward for the individual making the upload...This is almost like saying that because there is no law saying that I can take a smartphone shot of a group of friends in a beer garden and then put it up on a social facebook site (that just happens to be part-sponsored by Penfolds)...then I could be prosecuted for doing so? :whistle: More information required.

hc8721d3.doc

h55f8150.doc

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I`m a little confused here - is Dean Logan`s contention based on the argument that because videoing from a kayak is not actually defined as not being a commercial activity' date=' then it [b']could[/b] be by inference construed to actually be considered as such?More information required.

Logan would have a team of legals looking at it you would hope? Many in society would just give the gov the big finger in my opinion just like speeding fines.

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I can just see it now . Me rocking up to get the Canoe a.k.a. Mully Magnet surveyed and the fellas in the white shirts and clip boards saying "are you serious" and just bursting into laughter . Kon said :Particularly given that there is no financial reward for the individual making the upload... I did hear or read that if you use said video on a sponsored site . Then technically , i believe that lures or fishing gear given to you IS the financial reward . So my understanding is if you don't post videos to a sponsored site and don't get Lures fishing gear and the like (financial reward) then you are ok ? Does seem like a lot of ho ha over nothing and just to scare or get a reaction from the fishing masses .

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I did hear or read that if you use said video on a sponsored site . Then technically , i believe that lures or fishing gear given to you IS the financial reward . So my understanding is if you don't post videos to a sponsored site and don't get Lures fishing gear and the like (financial reward) then you are ok ?

I would like to think you nailed it right there JJ - if you haven`t, the world has just turned into a very insane place!

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