Statute of limitations for Fisheries Offences

[QIsley]

As per the question on the closed thread "Ticket Question"

The Alberta Fisheries Regulations are made under the Fisheries Act, therefore the statute of limitations is two years.... most provincial legislation is 6 months.

Fisheries Act. 82(1) Proceedings by way of summary conviction in respect of an offence under this Act may be instituted at any time within but not later than two years after the time when the Minister became aware of the subject-matter of the proceedings.

If a ticket is "Quashed" it means it had some error on the face of the ticket. The ticket was not before the court for a ruling and the charge can be relaid, in the case of Fisheries offences within two years.... and it is a common practice to re issue tickets.

Had a court clerk "Quash" a whole handful of closed stream fishing tickets once because the section number changed in the regs but the court did not change their computer so she thought the section number was wrong on my tickets, OOPS.
Had to reissue them all, or just let the violators get off. I reissued the tickets.

When I write a barbed hook ticket, I seize the hook, retain it as evidence to be presented to the judge to decide if it is barbed or not. Only a Judge can determine guilt or innocence, The officers job is to determine if there is enough evidence to substantiate an offence and present the evidence in court for the judge to decide.

Hope that helps answer the question.

[camshaft]

QIsley

Thanks for the clarification. I obviously erred in a previous post believing it was 6 months, as I was under the impression all provincial summary offences are subject to 6 month statutes.

Unfortunately in my line of work, we dont deal with the fisheries act, so I was making an educated guess at the time.

Thx again for the clarification, good to know.

[tonyflyfish]

I didn't realize that CO or anyone other that the RCMP had that authority. That being said I have never had any negative issues with anyone checking up on if the reg's are being followed. I crimp all barbs before the hook (fly) goes on and if there is any question I would simply not use the hook. I wouldn't think of using bait if it was illegal-just to catch a fish? I appreciate all that the CO (and other designations) do to keep all of us in line. Hopefully you don't take my opening comment to personally but seriously didn't think you had that authority and I would want that proved and confirmed (my lawyer) before I turned anything over to you.

[Deano]

Thanks for the info. Like I mentioned before, it makes sense to sieze a hook (lure) if there was a ticket issued for using a barbed hook. That way it could be brought into evidence if there was a court case.

Deano

[QIsley]

Nope, Tony, comments not taken personally, but you should refer to section 51 regarding seizure, section 50 regarding arrest, and section 62 regarding obstruction under the Fisheries Act.

POWERS OF FISHERY OFFICERS AND FISHERY GUARDIANS

Inspection

49. (1) Subject to subsection (2), for the purpose of ensuring compliance with this Act and the regulations, a fishery officer or fishery guardian may enter and inspect any place, including any premises, vessel or vehicle, in which the officer or guardian believes on reasonable grounds there is any work or undertaking or any fish or other thing in respect of which this Act or the regulations apply and may

(a) open any container that the officer or guardian believes on reasonable grounds contains any fish or other thing in respect of which this Act or the regulations apply;

(b) examine any fish or other thing that the officer or guardian finds and take samples of it;

(c) conduct any tests or analyses and take any measurements; and

(d) require any person to produce for examination or copying any records, books of account or other documents that the officer or guardian believes on reasonable grounds contain information that is relevant to the administration of this Act or the regulations.

Operation of data processing systems and copying equipment
(1.1) In carrying out an inspection of a place under subsection (1), a fishery officer or fishery guardian may,

(a) use or cause to be used any data processing system at the place to examine any data contained in or available to the data processing system;

(b) reproduce any record or cause it to be reproduced from the data in the form of a print-out or other intelligible output and remove the print-out or other output for examination or copying; and

(c) use or cause to be used any copying equipment at the place to make copies of any record, book of account or other document.

Duty to assist
(1.2) The owner or person in charge of a place that is inspected by a fishery officer or fishery guardian under subsection (1) and every person found in the place shall

(a) give the officer or guardian all reasonable assistance to enable the officer or guardian to carry out the inspection and exercise any power conferred by this section; and

(b) provide the officer or guardian with any information relevant to the administration of this Act or the regulations that the officer or guardian may reasonably require.

Disposition of samples
(1.3) A fishery officer or fishery guardian who takes a sample under paragraph (1)(b) may dispose of it in any manner that the officer or guardian considers appropriate.

Warrant required to enter dwelling-house
(2) Where any place, premises, vessel or vehicle referred to in subsection (1) is a dwelling-house, a fishery officer or fishery guardian may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (3).

Authority to issue warrant
(3) Where on ex parte application a justice of the peace is satisfied by information on oath

(a) that the conditions for entry described in subsection (1) exist in relation to a dwelling-house,

(b) that entry to the dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act, and

(c) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry thereto will be refused,

the justice of the peace may issue a warrant under his hand authorizing the fishery officer or fishery guardian named therein to enter that dwelling-house subject to such conditions as may be specified in the warrant.

Search

49.1 (1) A fishery officer with a warrant issued under subsection (2) may enter and search any place, including any premises, vessel or vehicle, in which the officer believes on reasonable grounds there is

(a) any work or undertaking that is being or has been carried on in contravention of this Act or the regulations;

(b) any fish or other thing by means of or in relation to which this Act or the regulations have been contravened; or

(c) any fish or other thing that will afford evidence in respect of a contravention of this Act or the regulations.

Authority to issue warrant
(2) Where on ex parte application a justice of the peace is satisfied by information on oath that there are reasonable grounds to believe that there is in any place referred to in subsection (1) any fish or other thing referred to in subsection (1), the justice may issue a warrant authorizing the fishery officer named in the warrant to enter and search the place for the thing subject to any conditions that may be specified in the warrant.

Where warrant not necessary
(3) Notwithstanding subsection (1), a fishery officer may exercise the power of search referred to in that subsection without a warrant issued under subsection (2) if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would not be practical to obtain the warrant.

Exigent circumstances
(4) For the purposes of subsection (3), exigent circumstances include circumstances in which the delay necessary to obtain the warrant would result in danger to human life or safety or the loss or destruction of evidence.

Powers during search
(5) In carrying out a search of a place under this section, a fishery officer may exercise any power mentioned in subsection 49(1), (1.1) or (1.3).

Arrest

50. Any fishery officer, fishery guardian or peace officer may arrest without warrant a person who that fishery officer, guardian or peace officer believes, on reasonable grounds, has committed an offence against this Act or any of the regulations, or whom he finds committing or preparing to commit an offence against this Act or any of the regulations.

Seizure of fishing vessel, etc.

51. A fishery officer or fishery guardian may seize any fishing vessel, vehicle, fish or other thing that the officer or guardian believes on reasonable grounds was obtained by or used in the commission of an offence under this Act or will afford evidence of an offence under this Act, including any fish that the officer or guardian believes on reasonable grounds

(a) was caught, killed, processed, transported, purchased, sold or possessed in contravention of this Act or the regulations; or

(b) has been intermixed with fish referred to in paragraph (a).


Entry by fishery officer

52. In the discharge of his duties, any fishery officer, fishery guardian or other person accompanying him or authorized to such effect by the fishery officer may enter on and pass through or over private property without being liable for trespass.

Obstruction

62. No person shall obstruct or hinder a fishery officer, a fishery guardian or an inspector who is carrying out duties or functions under this Act.

[tonyflyfish]

thanks for the info-enjoy your season!!!

[jpietrzak1979]

Well- How ya like dem apples?!

[alacringa]

Cripes...the man made a statement, he was corrected, he understands that, it's over. No need to rub his nose in it.

[Big.Bear]

Cripes...the man made a statement, he was corrected, he understands that, it's over. No need to rub his nose in it.

Thanks alacringa:cool:, but its ok, im not perfect like them lol.

[jpietrzak1979]

Thanks alacringa:cool:, but its ok, im not perfect like them lol.

Aww I just thought it was funny :cry:

[QIsley]

:huh: Not rubbing anyone's nose in anything, just answering the question's that were asked with what's in the Fisheries Act.

That's the rules, I didn't make'em up... ;)

[alacringa]

:huh: Not rubbing anyone's nose in anything, just answering the question's that were asked with what's in the Fisheries Act.

That's the rules, I didn't make'em up... ;)

Sorry...wasn't referring to your comments...I thought they were entirely appropriate. I was referring to 1979's remark:

Well- How ya like dem apples?!

[tonyflyfish]

Didn't feel "rubbed" at all. Told my opinion and was told the law-no big deal-I appreciated the info rather than having to look it up. |for me the big thing is I stay within the reg's so meeting a guy like QIsley would be alright-but he better share his lunch the little rascal!

I knew they had the right to seize but the added info is good. I also have rights.