Reference no: EM132802610 , Length: word count:1250

PSPREG003 Apply Regulatory Powers - TAFE Queensland

Assessment - Fisheries Scenario

Scenario

You are employed by the Department of Agriculture, Fisheries and Forestry Queensland as an inspector. Your role includes conducting patrols and inspecting the catch of recreational fishermen. While on patrol in Moreton Bay you approach a vessel named "Winning" and request permission from the boat owner (Patrick Noble) to board his vessel and inspect his catch. He agrees to comply and during the inspection you notice that he has the following catch:
• 2 female mud crabs (Jennies)
• 7 Snapper fish.
According to Schedule 2 of the Fisheries Regulation 2008 the regulated fish declaration for Snapper is four (4) and female mud crabs are a ‘no take' species. You inform Patrick that he has committed an offence and you decide to seize the species and issue Patrick a fine.
You then continue your search of the vessel and locate two (2) x rifles stored in an under floor storage compartment of the boat.

Short answer questions

Question 1.What section of the Fisheries Act 1994 (Qld) provides the power for an inspector to board a boat? Refer to the legislation and list all the conditions that must be met prior to boarding the boat.

Question 2.As a fisheries inspector, you ask Patrick Noble for his name and address:
• Is Patrick required to comply? If so, why? (justify your response with the relevant legislative reference)
• What is the maximum penalty should Patrick refuse to provide the relevant information? (include the legislative reference)

Question 3. You believe that Patrick Noble has committed an offence, and you require further information.
• What section of the Fisheries Act 1994 (Qld) provides an inspector with the power to require further information?
• What is the maximum penalty should Patrick refuse to provide the relevant information? (include the legislative reference)

Question 4.Patrick has exceeded the regulated fish declaration as specified in Schedule 2 of the Fisheries Regulation 2008(Qld)and taken a "no take" species:
• What section of the Fisheries Act 1994 (Qld) has been breached by Patrick Noble? (Your answer should include application to the scenario)? Refer to BOTH the Snapper and Female Crab offences.
• What is the maximum penalty for each offence? (Penalty units)
• What is the total monetary amount (both offences combined) Patrick may be penalized? (Refer to the Penalties and Sentences Act 1992 (Qld) and the Penalties and Sentences Regulation 2015 (Qld))

Question 5. What are the risks associated with over fishing and taking no take species?

Question 6. What section of the Fisheries Act 1994 (Qld) provides a fisheries inspector with the power to conduct investigations, monitor and enforce compliance?

Question 7. What section of the Fisheries Act 1994 (Qld) provides the power to seize the catch once you are satisfied that an offence has been committed?

Question 8. Once you have seized the items, under the Fisheries Act 1994 (Qld) are you required to provide a receipt for seizure? (What information would you need to include on the receipt?)

Question 9. The fish and crabs are still alive and you decide to return the species back to the wild. What section of the Act gives you the power to do this?

Question 10. Do you have the power to seize the rifles? If so, what section of the Fisheries Act 1994 (Qld) provides this power?

Question 11. Under the Fisheries Act 1994 (Qld) how long does an inspector have to initiate action against an offender? (include a reference to the relevant section).

Question 12. There are potential health and safety risks associated with boarding the boat and exercising regulatory powers. List at least two (2) of these risks, explain each risk and how you might manage it.

Attachment:- Apply Regulatory Powers.rar