View Single Post
  #7  
Old 04-28-2010, 10:09 AM
floppychicken floppychicken is offline
 
Join Date: Jun 2008
Location: Calgary
Posts: 852
Default

Quote:
Originally Posted by Loper View Post
The powers of siezure are under the Fisheries act itself

Seizure

28(1) A fishery officer or fishery guardian may seize anything that the officer or guardian believes on reasonable and probable grounds may afford evidence of the commission of an offence under this Act or was used in the commission of an offence under this Act.

LOL...

I JUST found the same thing! Found the page in detail and there it was. Appears they can seize basically anything as long as the FISH are DEAD. If the fish are 'live' and able to be released, then apparently the Seizure of anything other than the Fish (to be successfully released) does not apply. I suppose it makes sense seeing as how the 'EVIDENCE' would have 'swam away'.

I guess if you're going to STEAL FISH, keep them ALIVE just in case!

Quote:
Originally Posted by AlbertaAngler View Post
There are other options, an Officer doesn't have to give a ticket. If the offence is serious enough the Officer can send it straight to court. Also depending on what act the offence is under a court appearance could be in front of a Provincial Judge rather than in traffic court. Appearances before Provincial Judges can result in higher fines.
Actually, they DO have to give a ticket where such is warranted. As you said, some offences are AUTOMATIC court appearances, such as having 11 illegal fish in ones posession. It looks to me that ALL offenses based on 'severity' are left to the officer in just about every situation. I imagine that makes sense seeing as how 'common sense' should prevail....

Cheers,

/J...

Last edited by floppychicken; 04-28-2010 at 10:23 AM.
Reply With Quote