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-   -   Fishing Violation (http://www.outdoorsmenforum.ca/showthread.php?t=99320)

gray 07-24-2011 09:25 PM

Fishing Violation
 
Hi all. I'm trying to do some research for my dad who is now in some trouble. Hopefully someone can help. My dad, who doesn't speak or understand English, went fishing with a friend who thought he knew the rules (but clearly turns out he didn't).

They were both caught in violation of the regulations and were each issued a ticket. My dad's violation was that he had three lines (illegal to have more than one) and his friend's violation was keeping four fishes (apparently the limit was zero, not sure what type of fish).

Actually the story is that the two guys each had two lines. My dad was sitting by his two lines, and the friend set up one about 10 feet away from my dad, then set up another one even further (and was sitting next to the further one when they were caught). Therefore, my dad was ticketed as having three lines instead of two because my dad was closer to the friend's line (of course he couldn't argue since he didn't speak english, and the friend refused to admit the second rod was his).

So anyway, my dad has a mandatory court appearance coming up in August and I am wondering what I should expect. I am anticipating a fine and possibly his license revoked. Does anyone know how much the fine would be for having too many lines? I heard these fines can go up into the thousands which we really can't afford. Is there any way to get the fine reduced in court? If anyone has any input, that would be great. Thank you.

maclennanchris 07-24-2011 09:52 PM

ohhh boy....:scared0018:

calgarygringo 07-24-2011 09:57 PM

Get out the popcorn.....
 
Maybe you should try reading him the rules like the rest of have to do so he doesn't get a ticket!!!!!!

stc77 07-24-2011 09:59 PM

yikes! that sucks man. All i can say is, im sure that the no english arguement will not stand for much in court. They will tell him that whether or not you speak english you should know the regulations for yourself... dont trust what others may tell you. If people have questions, they could always call SRD and get the regs in different languages. I dont care what people tell me, i check the regs first to be sure for myself... Dont wanna get screwed. Tough luck for your dad... guess his friend really wasnt a good friend to go fishing with.. hope it works out alright, but doesnt sound too good. With the amount of poaching that does go on out there, they dont take stuff like that too lightly.

Fishfinder 07-24-2011 10:03 PM

Welcome to the forum!:party0051::party0051::party0051::budo:

Daceminnow 07-24-2011 10:06 PM

they should feel fortunate they didn't get they're vehicles and all their gear confiscated. i hate to say you'll most likely not get a lot of support or "what to expect" help from the folks on this forum. real outdoorsmen and poachers don't play nice together.

Dace

BeeGuy 07-24-2011 10:07 PM

violation
 
That sucks.

If your father's english is poor, you can speak on his behalf.

I'm sure if you tell the judge about your financial situation he/she will take that into consideration.

Did he challenge the tickets or was the court appearance indicated as part of the charge?

BeeGuy 07-24-2011 10:09 PM

haha
 
...heeeeeeeere we gooooooooo...............

chubbdarter 07-24-2011 10:09 PM

Call the issuing officer....BE polite and respectful...dont whine with excuses. Ask her/him what your options are on how to handle the matter

slivers86 07-24-2011 10:10 PM

Gray,

Unfortunately, its the responsibility of the fisherman/woman to read the regulations before going out. I'm not trying to be negative, but regardless of language and comprehension issue's, your father applied for the license, in English or French, so he must understand enough. The fine will more than likely stick.

Never been fined, or dealt with any fish & game or environmental issues, but I'm sure something will result if its a manditory court appearance.

AFR019(D) ANGLING WITH MORE THAN ONE LINE IN OPEN WATER -

on the stats from 2007, looks like better than 90% were convicted.

slivers86 07-24-2011 10:11 PM

Quote:

Originally Posted by chubbdarter (Post 1022319)
Call the issuing officer....BE polite and respectful...dont whine with excuses. Ask her/him what your options are on how to handle the matter

x2 chubb... kindness and being polite go a LONG ways when you see the uniform in court and they agree with you/your lawyer that you tried to find the best way of dealing with it.

HunterDave 07-24-2011 10:20 PM

Quote:

Originally Posted by gray (Post 1022227)
So anyway, my dad has a mandatory court appearance coming up in August and I am wondering what I should expect.

If it's a mandatory court appearance I'm thinking that the charge is more serious than other offences thus the punishment will be more severe. If he was just given a ticket for a fine and didn't have to go to court unless he contested the charge (ie plead not guilty) that is something different. Not a good situation to put yourself in that's for sure.

Just curious, what body of water was he on and what type of fish did they have (ie. sturgeon?)? I don't know but that could also be relevant to what kind of sentence/fine he could expect to get.

nicemustang 07-24-2011 10:35 PM

Ok I'll say it.....glad they were caught. Learning is fun.

BGSH 07-24-2011 10:35 PM

You should have gave your dad a regs book and asked him where he was going, depending on the fish it could be as much as a 4000$ fine, Always bring the regs with you and use barbless hooks in Alberta, as for your dads friend, hes not much of a friends now is he?

Lefty-Canuck 07-24-2011 10:42 PM

If I could guess at what the fish were...it would be walleye...I would be amazed if someone was shore fishing and caught only 4 sturgeon and that was all they kept...

Hopefully your Dad had a fishing license? he would have needed a WIN card to get that as well.....he would have had to fill out the paperwork which is in english or french??

.....too bad for him he didn't know and follow the rules...this will be a nice expensive lesson I think.

LC

matt04 07-24-2011 10:43 PM

sounds like a lazy ***** excuse to me

BeeGuy 07-24-2011 10:47 PM

notice
 
He's asking for advice, not condemnation.

If it was your father with a similar situation or perhaps a DUI or other, you wouldn't appreciate the bs.

bloopbloob 07-24-2011 10:50 PM

Quote:

Originally Posted by nicemustang (Post 1022358)
Ok I'll say it.....glad they were caught. Learning is fun.

+1

Ignorance is not an excuse for not obeying the law. It was his responsibility to know what the rules are before he went fishing. He was poaching, plain and simple. Many try to plead ignorance when they know fully well what they are doing is illegal. And even if they didn't know (quite unlikely), it's still poaching. No sympathy here!

This is what makes so many of us SOOOO mad! :angry3: Glad they got caught.

bigbuck19 07-24-2011 10:53 PM

You might be able to get a ticket reduction, depends on who issued the ticket... if you go to the court date you could probably request more time to pay the ticket as well. But rules are rules, read the regulations for next time.

Lefty-Canuck 07-24-2011 10:54 PM

Quote:

Originally Posted by BeeGuy (Post 1022379)
He's asking for advice, not condemnation.

If it was your father with a similar situation or perhaps a DUI or other, you wouldn't appreciate the bs.

Well then this is the wrong place to be asking about what a poacher should expect for a punishment....let him find out during his day in court....

I wouldn't come on a public form and tell a story how my Dad broke the law and expect any sympathy or expect people to hold back an opinion....consider your audience before you post is a message I would send...

Beeguy, question...you think someone would actually come on here and ask... "My Dad got a DUI cause he didn't know he wasn't allowed to drink and drive but his friend told him to, what do you think will happen to him?".....give your head shake....

LC

bloopbloob 07-24-2011 10:57 PM

Quote:

Originally Posted by Lefty-Canuck (Post 1022400)
Well then this is the wrong place to be asking about what a poacher should expect for a punishment....let him find out during his day in court....

I wouldn't come on a public form and tell a story how my Dad broke the law and expect any sympathy or expect people to hold back an opinion....consider your audience before you post is a message I would send...

LC

Couldn't have said it better myself! Excellent response Sir!

stc77 07-24-2011 10:58 PM

Quote:

Originally Posted by Lefty-Canuck (Post 1022400)
Well then this is the wrong place to be asking about what a poacher should expect for a punishment....let him find out during his day in court....

I wouldn't come on a public form and tell a story how my Dad broke the law and expect any sympathy or expect people to hold back an opinion....consider your audience before you post is a message I would send...

LC

no kidding. No sympathy. You poach, whether it was intentional or not... you should pay the fine. The regs and resources are there for a reason. There is no excuse. People just need to ask and problems like this could be avoided.

Agree with the rest of you, this will be an expensive way to learn to read the regs and know what is and is not allowed.

nicemustang 07-24-2011 11:11 PM

Give advice? I think it's simple advice. Read the regulations. It's the law.

chubbdarter 07-24-2011 11:12 PM

haahhahahaahha......i agree with most of you

But there is a hundred poor me threads on this site written by long standing members.....and very few tough guy responses are posted.
This guy is gonna get a beating because he has 1 post.

I dont agree his dad should be excused...the son needs to call the issuing C.O. and not argue just get a detailed report on what his dad did wrong. Then explain it to his pops.
We need people to become educated, because the fines dont repair the damage violators do.

Ask yourself this.....how many of you have reported a wildlife offence properly and it led to a conviction?

Walleye101 07-24-2011 11:12 PM

This is Canada! All he will get is a slap on the wrist. ME speak no english.

BGAngler 07-24-2011 11:19 PM

Is there a listing of fines broken down? Barbs, keeping over limit, etc? I'm curious how much a fine would be for keeping a bull.

timsesink 07-24-2011 11:20 PM

Englsih or no English in Canada ignorance is no excuse. Your dad messed up and I hope his buddy has the book thrown at him. Lesson learned, pay the fine, move on.

matt04 07-24-2011 11:24 PM

Quote:

Originally Posted by BeeGuy (Post 1022379)
He's asking for advice, not condemnation.

If it was your father with a similar situation or perhaps a DUI or other, you wouldn't appreciate the bs.

Not knockin the Ao forum, but this would the the last place I would seek LEGAL ADVICE. I would start with a lawyer.

Lefty-Canuck 07-24-2011 11:30 PM

Quote:

Originally Posted by chubbdarter (Post 1022479)
i hope we dont end up buying him a van

LOL, lets all pitch in and what color.....hmmmm beige is always nice! :)

LC

BGSH 07-24-2011 11:33 PM

if it was sturgeon it could be 4 fish= over 400 thousand dollers in fines


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