Well guys, i am going to mention another scenario as presented by a CO i came across while fishing the river. He point out a "Missing Adipose Fin" is just that "Missing" not partially missing but entirely missing with a healed scar in place of the fin. He mentioned that in past years there were cases of fishermen cutting off the adipose fin with a knife in one quick swish and then releasing the fish back into the river. Now we all know these fish spawn and return again the next year, so what happens to the cut off adipose fin? It scars over CO states, now what happens if the entire fin was not removed with the swipe of the unethical fishers blade?
sorry to tell you this, but you can't correlate an obvious criminal offense with an act of good faith or intent, based on the premise of "what could be" as a result of "what might have happened".
just like having a person illegally introduce a ferrel species of fish into a local body of water then have some unsuspecting fishermen catch it only to release it because he/she could not identify the fish...then having DFO charge them with the very same crime.
if it's black and white you're looking for then "a healed scar in place of an adipose fin" is exactly what it says...where a digit was once in place no longer exist, but in it's stead the markings or 'scar' showing where it was removed.Judicial Interpretation
The Plain meaning rule, also known as the literal rule, is one of three rules of statutory construction traditionally applied by English courts. The other two are the “mischief rule” and the “golden rule.”
The plain meaning rule dictates that statutes are to be interpreted using the ordinary meaning of the language
of the statute, unless a statute explicitly defines
some of its terms otherwise. In other words, the law is to be read word for word
and should not divert
from its ordinary
if a scar is in existence where a fin should be then it is an identification that indicates a hatchery reared fish...."a scar in place"... doesn't say "in part" nor "in whole" or "in it's entirety".... just the existence of a scar to identify the fish.