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Author Topic: As if once isn't enough :-(  (Read 9424 times)

Morty

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As if once isn't enough :-(
« on: November 12, 2008, 03:49:04 PM »

In addition to the night poachers caught in the channel at the Chehalis hatchery, I learned today that 2 were also caught in the act in the channel at the Chilliwack Hatchery.  WE really need to do something about the unethical, and yes uneducated, practices that are taking place on our fishing waters.

There is far too much river for our employed officials to cover and throwing more COs at this will never be an effective solution.  Maybe there should be some required classroom sessions that should be passed before one can get a license.  Maybe those fishers who know the correct practices could lead the classes.

Rick
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SmokeyRiver

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Re: As if once isn't enough :-(
« Reply #1 on: November 12, 2008, 04:55:53 PM »

Education is no answer for people that are involved in the incident above, they know damn well what they are doing and should be shot on site!!!... since that is not acceptable this day in age these guys should be prosecuted to the fullest...JAIL TIME!!!!! but with our government it would probably be just a fine more or less.
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DionJL

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Re: As if once isn't enough :-(
« Reply #2 on: November 12, 2008, 05:01:19 PM »

Quote
Section 494. (Criminal Code)[6]

(1) ARREST WITHOUT WARRANT BY ANY PERSON

Any one may arrest without warrant

(a) a person whom he finds committing an indictable offence; or

(b) a person who, on resonable grounds, he believes

(i) has committed a criminal offence, and

(ii) is escaping from and freshly pursued by persons who have lawful authority to arrest that person

(2) ARREST BY OWNER, ETC., OF PROPERTY

Any one who is

(a) the owner or a person in lawful possession of property, or

(b) a person authorized by the owner or by a person in lawful possession of property

may arrest without warrant a person whom he finds committing a criminal offence on or in relation to that property.

(3) DELIVERY TO PEACE OFFICER

Any one other than a peace officer who arrests a person without warrant shall forthwith deliver the person to a peace officer.

[NOTES: In Canada, only Judges and Lawyers are legally allowed to interpret laws. Changing even a single word of any law found in the Criminal Code is strictly an interpretation and not a valid representation of the law! The previous segment illustrating the "citizens' power of arrest" in Canada was one individuals interpretation and was not completely accurate. A few points to help some people to understand the above section of the Criminal Code of Canada...

-Section 494, sub. 1, (a) is the "General Power of Arrest" for non-peace officers.

- Section 494, sub. 1, (b) is known as the "Assist Power of Arrest" and includes assisting another citizen who witnessed a "Criminal Offence" and, therefore, "... is escaping from and freshly pursued by persons who have lawful authority to arrest that person ...". This section of the Criminal Code of Canada IS that authorization.

- Section 494, sub. 2, is the "Owner/Agent" power of arrest. It applies to both security and all other staff (or friends/neighbours if it is a dwelling) of any given property (The reason companies tell their staff they can't make such an arrest is because if the person making the arrest is hurt/killed by the criminal the company becomes liable for the injury or death. Further, most people are neither equipped or trained to make proper arrests which greatly increases the likelihood of injury or death to the citizen).

- in Section 494, sub. 2, (b) "...a person whom he finds committing a criminal offence on or in relation to that property." includes criminal offences that are not on that property at all. If someone steals from a store, the security personnel who purse the thief can (but rarely ever do) leave the property to continue the pursuit. When the pursuit is broken off the thief is no longer considered to be "freshly pursued" and therefore others are no longer permitted to assist in the apprehension of the criminal (it, then, becomes a matter for the Police to handle).

- All citizens are permitted to use "... as much force as is reasonably necessary ..." as stated in section 27 of the Criminal Code of Canada
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lucky

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Re: As if once isn't enough :-(
« Reply #3 on: November 12, 2008, 05:26:31 PM »

Dion as fun as it would be to make a citizens arrests on the river, this could also be a very dangerous thing, thats why the CO's carry guns. My uncle is a CO and has been shot at by poachers and had knives pulled on him at least once.

Since there doesnt seem to be enough money for more officers, how about hire some civilians to work as river stewards. They could be the eyes and ears of the dfo, taking photographic evidence, writing down plate numbers, and calling for officers when needed.
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troutbreath

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Re: As if once isn't enough :-(
« Reply #4 on: November 12, 2008, 05:44:15 PM »

Dion as fun as it would be to make a citizens arrests on the river, this could also be a very dangerous thing, thats why the CO's carry guns. My uncle is a CO and has been shot at by poachers and had knives pulled on him at least once.

Since there doesnt seem to be enough money for more officers, how about hire some civilians to work as river stewards. They could be the eyes and ears of the dfo, taking photographic evidence, writing down plate numbers, and calling for officers when needed.


I agree with that. Best thing to do is document and photo if possible evidence and report. That lets the people who get paid to do that kind of thing more opportunity to bust them. No need getting in a confrontation and possible injury from some loser who breaks the law. They most likely will try to break your face as well.
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bentrod

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Re: As if once isn't enough :-(
« Reply #5 on: November 12, 2008, 06:25:06 PM »

What happened to the poachers? I have a hunch that they were just slapped on the wrist and quietly sent on their way.  IMO, people caught poaching, (the most blatent offenders), should be penalized to the mazimum extent of the law.  Should include seizure of all gear used to capture animal and transport poached animal.  This could include truck, boat and all fishing/hunting gear in immediate possession. 
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Fish Assassin

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Re: As if once isn't enough :-(
« Reply #6 on: November 12, 2008, 07:30:22 PM »

Dion as fun as it would be to make a citizens arrests on the river, this could also be a very dangerous thing, thats why the CO's carry guns. My uncle is a CO and has been shot at by poachers and had knives pulled on him at least once.

Since there doesnt seem to be enough money for more officers, how about hire some civilians to work as river stewards. They could be the eyes and ears of the dfo, taking photographic evidence, writing down plate numbers, and calling for officers when needed.

I agree. Too many nut cases out there. Let the proper authorities deal with it.
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milo

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Re: As if once isn't enough :-(
« Reply #7 on: November 12, 2008, 08:09:06 PM »

That's crazy, man! :o

Frankly, I never understood those hatchery poachers.  ???
Why go through all that risk for some almost rotting meat?
There are mostly prespawning boots there anyway!
I would hardly touch those fish, let alone eat them!

Honestly, I can explain poaching for fresh sockeye or halibut or crabs...but picking salmon out of a hatchery canal is way, way beyond me! ??? ???

If anyone has a plausible explanation, I'd love to hear it.
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Morty

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Re: As if once isn't enough :-(
« Reply #8 on: November 12, 2008, 08:12:29 PM »

Maybe publish the convictions and penalties on a Provincial Government website like DFO does:

http://www.dfo-mpo.gc.ca/media/charges-inculpations-eng.htm


There are also rewards available for reporting in BC.  We could maybe donate, (or better yet actually use) those rewards to improve the Rec. fisheries.

"The BC Wildlife Federation pays rewards up to $2000 for information leading to the conviction of persons who have:

violated laws related to the protection of fish, wildlife, or the environment, or
damaged the property of companies or individuals who provide access to hunters and anglers."


Rick
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Fish Assassin

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Re: As if once isn't enough :-(
« Reply #9 on: November 12, 2008, 08:20:16 PM »

That's crazy, man! :o

Frankly, I never understood those hatchery poachers.  ???
Why go through all that risk for some almost rotting meat?
There are mostly prespawning boots there anyway!
I would hardly touch those fish, let alone eat them!

Honestly, I can explain poaching for fresh sockeye or halibut or crabs...but picking salmon out of a hatchery canal is way, way beyond me! ??? ???

If anyone has a plausible explanation, I'd love to hear it.


The only plausible explanation is ignorance. Hopefully after tasting one of those boots, their opinion will change.
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milo

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Re: As if once isn't enough :-(
« Reply #10 on: November 12, 2008, 10:26:21 PM »

That's crazy, man! :o

Frankly, I never understood those hatchery poachers.  ???
Why go through all that risk for some almost rotting meat?
There are mostly prespawning boots there anyway!
I would hardly touch those fish, let alone eat them!

Honestly, I can explain poaching for fresh sockeye or halibut or crabs...but picking salmon out of a hatchery canal is way, way beyond me! ??? ???

If anyone has a plausible explanation, I'd love to hear it.


The only plausible explanation is ignorance. Hopefully after tasting one of those boots, their opinion will change.

I have to agree with you. Ignorance has to be the only plausible explanation.
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~IvAn~

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Re: As if once isn't enough :-(
« Reply #11 on: November 12, 2008, 10:54:37 PM »

That's crazy, man! :o

Frankly, I never understood those hatchery poachers.  ???
Why go through all that risk for some almost rotting meat?
There are mostly prespawning boots there anyway!
I would hardly touch those fish, let alone eat them!

Honestly, I can explain poaching for fresh sockeye or halibut or crabs...but picking salmon out of a hatchery canal is way, way beyond me! ??? ???

If anyone has a plausible explanation, I'd love to hear it.


The only plausible explanation is ignorance. Hopefully after tasting one of those boots, their opinion will change.

I have to agree with you. Ignorance has to be the only plausible explanation.

Perhaps Greed also play a key factor?
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