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Old 04-28-2010, 10:36 AM
floppychicken floppychicken is offline
 
Join Date: Jun 2008
Location: Calgary
Posts: 852
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Quote:
Originally Posted by Loper View Post
The Officer can sieze live fish but if they are releasable then he will dispose of them by releasing them. They have still been siezed. The section I think you're reffering too basically just says that if an Officer is able to release the fish then he does not have to issue a receipt to the violator and the violator cannot ask the court for the fish back regardless of the outcome in court.
I don't 'think' I'm reading it wrong, am I ? Seem like an Odd 'Loop-Hole' where you might get the fine, but not the seizure as long as those fish swim away in the 'same' water they came from...

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.

(2) When fish are seized, the fishery officer or fishery guardian shall store the fish, but if no proper storage facilities are readily available for that purpose, the officer or guardian may sell or dispose of the fish in a manner that appears expedient to the officer or guardian under the circumstances.

(3) The fishery officer or fishery guardian shall, on seizing anything under subsection (1), give a receipt for it to the person, if any, having physical possession of it when it was seized and furnish a justice with an affidavit
(a) stating that the officer or guardian has reason to believe that an offence has been committed in respect of the thing seized,
(b) setting out the name of the person, if any, having physical possession of the thing seized at the time it was seized, and
(c) describing the disposition of the thing seized.

(4) A person may make an application to a justice for an order respecting the disposition of anything seized under subsection (1), and the justice shall

(a) order that the application be stayed and be dealt with pursuant to section 40, or
(b) if section 40 is not applicable, make an order that the thing seized

(i) be confiscated to the Crown in right of Alberta, or
(ii) be returned to the person from whom it was seized.

(5) Subsections (3) and (4) do not apply if the fishery officer or fishery guardian disposes of live fish by releasing them back into the water from which they were taken.

RSA 2000 cF‑16 s28;2001 c8 s6
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