View single post by Dr halibut hoffman
 Posted: Sat Mar 16th, 2019 09:59 am
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Dr halibut hoffman



Joined: Wed Sep 16th, 2009
Location: Cape, South Africa
Posts: 2294
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Mana: 
That's an interesting angle...If you were correct, it would mean that using a "shark" as a livebait or sandie etc. as a bait, caught on that day would actually be illegal. Actually the "bag limit" is not a daily limit but a "in your possession" limit, at home or in storage or on person, either or. Just checked the regulations and you are correct in terms of "daily bag limit of one", the wording of our regulations sounds like it is a daily limit but is not. It is a bag limit on any one day, meaning at any given time. I have queried this in the past with my legal eagle friends and that was their opinion. If it were not, one could just sidestep any regulation by claiming that what was in your possession was caught on many different days but now just stored together. The regulators would have closed that loophole with their wording of the law.

"Species not mentioned in either of these lists have a bag limit of ten provided that sharks, rays, skates or chimaeras (Class Chondrichthyes) have a bag limit
of one and rockcods (Family Serranidae) have a bag limit of five (5)."
"No person (or recreational fisher) may on any one day land or be in possession of more than the species-specific bag limits as indicated in
this species list”."
"On any one day" and "or be in possession of" basically means at any one time you cannot have more than the bag limit altogether irrespective of where it is stored. So not a limit "per day" at all.. but an accumulative limit, in your possession, on any one day.

So it would not matter actually if the shark as bait was caught that day or not. It would depend on whether one could successfully argue that the first shark in possession is not actually still in your possession when it has been sent back out with hooks attached and the second shark picks it up, and depend also on when that shark picks up your bait, on at what point it is actually " in your possession". So in that case using a "shark" as bait would be illegal, if you are correct in saying that bag limit is one (I dont fish for sharks so I would not know), unless one can successfully argue that once thrown out attached to your line with hooks, it is not anymore in your possession and you can argue that the shark that eats the bait is only in your possession once landed. If you land him and he barfs up your bait, or it is still attached to your line, and an inspector is looking over your shoulder, you are in k@k! hahaha

Actually with the wording being "on any one day...land..or be in possession of" it would have to be a very difficult argument to win. One would have to catch the swimbait the day before, like at 11:55 PM, and send it out just before 12PM and hook a shark after that sometime early in the morning, AND have the bait come off the hook and not be swallowed at the time off hookup. and so only have one shark in your possession or landed on any one day. Its a difficult one, so for most situations using a shark, ray or sand shark as bait, live or dead, to catch another is illegal..interesting.

I guess this is all some way of regulating what are often slow growing, live bearing and globally endangered species. There is a complete disparity on recreational regulations and what is done commercially/industrially @ sea with people given license to longline the same slow growing and slow to reproduce species targeted by the shore guys, enmass, close inshore to the shore fishing spots. Nevermind sharknets which were already known in late 90's to be increasing average size and numbers of duskies and it was already then thought that later attacks attributed to GW's in natal were actually giant duskies. But there is no direction from government and the academics are not involved in decision making so thats where we are at.
Sharks are smart, and also pretty dumb.. Blue sharks, who's numbers are plummeting around the world, must be one of the most stupid creatures on earth..but bleed out a tuna and it doesn't take 5mins for a bunch of them to amass for a free meal from the blood in the water, out from a seemingly empty desert of ocean. You can lift them half out the water, carefully, and shake em about, with a gaff in the tail lobe and they still won't leave you alone..we have had sharks that are hooked see another bait in the vicinity, make a beeline against drag and chow that bait too, and hook both of us, had that happen with blues and bronzies, while fishing for edibles.. pretty much as doff as they come.
No reason to kill them though..anyway just some thoughts..

nantes wrote: ok think of it this way . your bagglimit is one shark per day . that includes sandies and rays . so if you swim a livebait and you get picked up that means you have taken 2 and you are over your bagg limit . and then you are only allowed to swim one bait a day .

Last edited on Sat Mar 16th, 2019 10:52 am by Dr halibut hoffman