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Jim as long as you're fishing and not hanging out you can fish Brenton Point.
I do on occasion hear of someone who gets hassled by the police though. I've fished there plenty of times at night, and I've never had a problem with either the police or the EPO I occasionally see there.
Parking in the fishing permit areas without a permit is definitely a gamble; some nights you will get away with it, some times you'll get a ticket, and if they really don't like you they occasionally tow.
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