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[BBarley]

No one ?

In the "one-in-a-million" chance that you would actually get a ticket for that, I personally would give up fishing and take up golf.

Legally, I do believe it the responsibility of the license holder to mark down the information as it pertains to the harvest of his fish.

[doja]

In the "one-in-a-million" chance that you would actually get a ticket for that, I personally would give up fishing and take up golf.

Agreed, however the reason is that if your buddy messes up and incorrectly writes it down  it don't matter as it is your responsibility, no one elses.

EDIT: I don't think there is a infraction that would apply. Just you would get the ticket if someone else made a mistake. If all is ok then there is no problem.

you are just taking a risk he did it right.

Too bad the OP ran away....

I suspect that he feels like such an injustice has been done that this incident will undoubtedly effect his mental state.... In a not so positive way.

Like I said earlier, no good will ever come of this incident....  But with the direction of society, this is par i guess.

[Bavarian Raven]

Man, I always joked around saying I'd need to find a lawyer to determine if I was actually legally fishing, the BC fishing regulations, like some other provincial laws and rules, are nothing short of bullsh!t.

so very true...

[StillAqua]

This isn't Perry Mason...just a small fine ticket for violating a fishing regulation. He could file a dispute of the ticket but if his written explanation has as many holes as his landing net, it probably won't get past the administration. We all agree to the regs when we buy our licence to particpate in the fishery and if we bend the rules, we take a small risk. It just sucks to be the one caught bending them. Something good probably came out of it though......I bet a dozen members reading this thread just put a new pen in their fishing kit!

[burnaby]

Intent is important. Had the OP made every effort to acquire a pen after realizing it was missing/not working the CO/judge would rule in his favor. We make an effort to remind each other to record the catch before commencing fishing cause in the excitement it is easy to forget. Nobody has a working pen, make a walk to the vehicle to get one, record, then walk back for the Spring.

doja> Get a space pen, it'll write in any human sustainable conditions. Of course being the argumentative type you'll state it won't write on wet paper so don't fall or get kicked into the river.

Sensationalizing the title is just asking for sarcasm.

[skaha]

--for those that say they don't take a pen because they catch and release only
--I get a shuswap conservation stamp every year... even though I've haven't kept one so far.
--The reasons... I intend to release however might get a bleeder and keep
--and the perception of guilt ,  why make it more difficult than need be for those checking and hey.. when you see someone that you perceive may not record you can always offer them the pen.

[bbronswyk2000]

--for those that say they don't take a pen because they catch and release only
--I get a shuswap conservation stamp every year... even though I've haven't kept one so far.
--The reasons... I intend to release however might get a bleeder and keep
--and the perception of guilt ,  why make it more difficult than need be for those checking and hey.. when you see someone that you perceive may not record you can always offer them the pen.

You can release a bleeder as well. If it dies than something else will eat it or it will provide nutrients to the system ( or it may just live ). I would not bring home a fish if it would just end up sitting at the bottom of my freezer for a year. Better off it dies in its habitat.

[Fish or cut bait.]

Posts: 186


    Re: Warning, cash grab by conservation dept.
« Reply #70 on: October 25, 2010, 07:21:42 AM »   

--------------------------------------------------------------------------------

from the regs:

section 22. Catch Records

22. Where a licence holder catches and retains a lingcod or a chinook salmon, the licence holder shall immediately record the catch in ink on the licence.

This thread got me reading. I saw this in the fishing regs and was wondering - legally speaking does that mean it's a violation if your buddy with a pen writes down in your license that you caught a fish? Would that then not be a violation of the act if someone else writes it down?

NO.
The holder of the license is responsible for recording the catch.
It's not a signature it's a date and area
As long as it's recorded (hopefully properly) at that time and before fishing resumes it's all good.

I think you'd be hard pressed to find a DFO that anal retentive to make a deal out of it.

If I was bleeding like a stuck pig from an errant hook in the palm of my hand and my buddy marks my license I'd need a lawyer?
Strongly doubht it.

Like I can't record my kids catch?
The blind fellow I had on my boat once trying to write on such a small line?.

I think we're geting a little too nit-picky

[alwaysfishn]

NO.
The holder of the license is responsible for recording the catch.
It's not a signature it's a date and area
As long as it's recorded (hopefully properly) at that time and before fishing resumes it's all good.

I think you'd be hard pressed to find a DFO that anal retentive to make a deal out of it.

If I was bleeding like a stuck pig from an errant hook in the palm of my hand and my buddy marks my license I'd need a lawyer?
Strongly doubht it.

Like I can't record my kids catch?
The blind fellow I had on my boat once trying to write on such a small line?.

I think we're getting a little too nit-picky

x2

[andychan]

NO.
The holder of the license is responsible for recording the catch.
It's not a signature it's a date and area
As long as it's recorded (hopefully properly) at that time and before fishing resumes it's all good.

I think you'd be hard pressed to find a DFO that anal retentive to make a deal out of it.

If I was bleeding like a stuck pig from an errant hook in the palm of my hand and my buddy marks my license I'd need a lawyer?
Strongly doubht it.

Like I can't record my kids catch?
The blind fellow I had on my boat once trying to write on such a small line?.

I think we're geting a little too nit-picky

we maybe getting nitpicky - writers of posts on a forum - but I doubt the DFO is. They seem to define nitpicks lol.

My buddy was fishing the cap..he pinch the barbed back and the DFO came by and did a "sweater" test...dragged the pinched barb along and saw "fibres". Buddy got a ticket for $160.

Another friend was fishing thurston. He was gearing up. DFO comes by and issues him a warning for not  having a barbless hook BEFORE he actually started fishing. The warning is significant because unlike a violation you cannot fight it...it's like a black eye in their records and they check even harder the "next time".

I wonder how many steelhead or wild coho caught in drifnets and killed in the chuck equal one pinched back barb? Nice work, eh.

[Eagleye]

Depending on what you said to the officer, as it can be used against you, you could always say that after bonking the fish you failed to find your pen that you always carry and immediately went back to your truck to get one or attempted to go to the nearness place to find one. In addition you can have "many" references to support your good nature in court which does help.

Was it over 50cm? Is it really close? that may be another defense.

In the end this is a stupid move on the officers part and is why I don't support them and with the new paper copy's you can print as many copies as you like and retain as many Chinook as you like.



I say fight it!!!!

I agree 100%.  This is the perfect opportunity to bring it to the legal community's attention that the new licencing system is flawed.   The new loop hole of unlimited licences makes the
regulation absolutely pointless. It will only affect people like clownfish that honestly forget their pen or to write it down while to poachers will readily abuse the system without ever risking getting caught.  I have brought this to the attention of John Thornton whom is in charge of the licencing and told him how to fix the problem and he simply said they cannot afford to implement the necessary changes even though he agreed with everything I said.  I recommended implementing a plastic tag system like they do for hunting where anglers could pick up their 10 tags for Chinook and 10 tags for steelhead for the year at a tackle shop and still be able to purchase a fishing licence online to keep the system accessiblity for other fisheries.  After having them refuse to do anything about the matter I have considered refusing to write down my spring in protest so as to challenge this grossly large loop hole in the system.  I implore clownfish to contest the fine and bring this matter to the attention of a judge in hopes to set a presidence.  I also urge people to call Mr. Thornton and the fisheries minister to harass them until they do something about it.  I contacted the minister but never got a response...

John Thornton
Manager, Data and Licensing
Fish and Wildlife Branch, Ministry of Environment
250 387-9776
 

The Honourable Gail Shea
House of Commons
Minister of Fisheries and Oceans
Parliament Buildings, Wellington Street
Ottawa, Ontario
Canada K1A 0A6

min@dfo-mpo.gc.ca

[alwaysfishn]

I agree 100%.  This is the perfect opportunity to bring it to the legal community's attention that the new licencing system is flawed.   The new loop hole of unlimited licences makes the
regulation absolutely pointless. It will only affect people like clownfish that honestly forget their pen or to write it down while to poachers will readily abuse the system without ever risking getting caught.  I have brought this to the attention of John Thornton whom is in charge of the licencing and told him how to fix the problem and he simply said they cannot afford to implement the necessary changes even though he agreed with everything I said.  I recommended implementing a plastic tag system like they do for hunting where anglers could pick up their 10 tags for Chinook and 10 tags for steelhead for the year at a tackle shop and still be able to purchase a fishing licence online to keep the system accessiblity for other fisheries.  After having them refuse to do anything about the matter I have considered refusing to write down my spring in protest so as to challenge this grossly large loop hole in the system.  I implore clownfish to contest the fine and bring this matter to the attention of a judge in hopes to set a presidence.  I also urge people to call Mr. Thornton and the fisheries minister to harass them until they do something about it.  I contacted the minister but never got a response...

John Thornton
Manager, Data and Licensing
Fish and Wildlife Branch, Ministry of Environment
250 387-9776
  

The Honourable Gail Shea
House of Commons
Minister of Fisheries and Oceans
Parliament Buildings, Wellington Street
Ottawa, Ontario
Canada K1A 0A6

min@dfo-mpo.gc.ca

For someone that is intent on breaking the law, why would a tag system be any more effective at deterring someone from either not writing down your catch, or reprinting your license when the first one is filled up?

[Eagleye]

An angler would only get ten tags per year and those tags would be zap straps that must be tightened down near the tail so they cannot be reused.

[alwaysfishn]

An angler would only get ten tags per year and those tags would be zap straps that must be tightened down near the tail so they cannot be reused.

So if someone was intent on breaking the law they just wouldn't attach their zap strap to the fish....  same idea as not writing it down. Only thing is they could now plead that they had forgotten their tags at home rather than that they had forgotten their pen at home.

The point is; the only way you will start to deter lawbreakers is by providing more enforcement on the rivers. Of course as soon as there are more incidences of CO's checking fishermen the more complaints we'll hear of cash grabs and how unfair the CO's are.....  

[buck]

While fishing the Vedder this fall I encountered numerous anglers catching and killing adult chinook. I did not see a single angler record his catch. More enforcement is required and I don't have any
sympathy for those who conveniently don't have a pen in their vest. A lot of anglers know the score but continue to take their chances.