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Old 04-28-2010, 02:02 AM
floppychicken floppychicken is offline
 
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Default Fines for fishing without a licence?

Hey all,

I cannot, for the life of me find the 'Fines' for various offences when it comes to fishing without a license, using caught fish for bait, etc.... I see there are amendments as of 2009 but now sure how 'Strict' our fines are compared to say,.. California and places that 'Ding you good'.

The search function isn't working and I can't find it on here or on SRD website. Any links or information is welcomed. I need to show someone who 'Doesn't' believe in Fishing with a license, what it could cost him!

Cheers,

/J....

Last edited by floppychicken; 04-28-2010 at 02:19 AM.
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  #2  
Old 04-28-2010, 04:27 AM
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Fishfinder Fishfinder is offline
 
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Quote:
Originally Posted by floppychicken View Post
Hey all,

I cannot, for the life of me find the 'Fines' for various offences when it comes to fishing without a license, using caught fish for bait, etc.... I see there are amendments as of 2009 but now sure how 'Strict' our fines are compared to say,.. California and places that 'Ding you good'.

The search function isn't working and I can't find it on here or on SRD website. Any links or information is welcomed. I need to show someone who 'Doesn't' believe in Fishing with a license, what it could cost him!

Cheers,

/J....
well this is embarassing but truth be told. I spent 3 yrs believing my WIN card was my license. Fish cops clued me in quite quickly a few yrs back. I got a 110$ fine for improper license Lucky the FnW officer was nice, he coulda took everything from me rod to my buddies boat and the kept fish within it. He did not. Got to keep our fish and I ashamley paid my fine.
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Old 09-04-2014, 02:54 PM
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Okotokian Okotokian is offline
 
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Originally Posted by Fishfinder View Post
well this is embarassing but truth be told. I spent 3 yrs believing my WIN card was my license. .
LOL That's pretty funny. And you are a brave man for admitting it here. Good for you.
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  #4  
Old 04-28-2010, 04:05 PM
whitewolf whitewolf is offline
 
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makes you wanna physicaly check to make sure your buddies have a licence before you drive them out to the lake or get in your boat,imagine us comming back and explaining to your wife floppy...how we lost the truck and boat...after we finished picking up our chicklets of the lawn and she fed certain body parts of ours to the dogs....and placed what fishing equipment we had left...in a certain place i wouldnt even whant to think about and if we survived all that trauma....we would never see a lake again anyways...
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Old 04-28-2010, 07:22 PM
floppychicken floppychicken is offline
 
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Originally Posted by whitewolf View Post
makes you wanna physicaly check to make sure your buddies have a licence before you drive them out to the lake or get in your boat,imagine us comming back and explaining to your wife floppy...how we lost the truck and boat...after we finished picking up our chicklets of the lawn and she fed certain body parts of ours to the dogs....and placed what fishing equipment we had left...in a certain place i wouldnt even whant to think about and if we survived all that trauma....we would never see a lake again anyways...

BAHAHAHAHAHAHAAHAHAHAHAHAHAH...... Oh Man,....

YEP, picking up my 'Chicklets' with BROKEN FINGERS would REALLY SUCK!!

AHAHAHAHa...... Good one ya' Bastid' !
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  #6  
Old 04-29-2010, 06:04 AM
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Kim473 Kim473 is offline
 
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They can sieze anything and everything in your possesion at the time of the infraction, have seen it done. Have fun getting it back and major costs with the impound and storage fees also. It may go straight to auction.
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Old 04-29-2010, 07:38 AM
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i've also heard that lots of guy got they're stuff back ! Watched in court about 2 yrs ago ,the judge said that a 60 K$ truck and 40 K $ boat seizure was an "unreasonable" or "too large" a penalty . The guy paid a good fine, but was happy, the jugde had a chat with the CO about being a little more "reasonable" in the future.
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Old 04-29-2010, 03:03 PM
fish-man fish-man is offline
 
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Originally Posted by Kim473 View Post
They can sieze anything and everything in your possesion at the time of the infraction, have seen it done. Have fun getting it back and major costs with the impound and storage fees also. It may go straight to auction.
This is what I was told as well- including the vehicle you are using for transportation.

Question-what if there are several of you- say in a boat- and one is missing a licence? Can everyone in the party be penalized?
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  #9  
Old 04-28-2010, 07:55 AM
AlbertaAngler AlbertaAngler is offline
 
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Quote:
Originally Posted by floppychicken View Post
Hey all,

I cannot, for the life of me find the 'Fines' for various offences when it comes to fishing without a license, using caught fish for bait, etc.... I see there are amendments as of 2009 but now sure how 'Strict' our fines are compared to say,.. California and places that 'Ding you good'.
Specified penalty's are list in the Provincial Offences and Procedures Act

Specified penalty's Scroll down to the schedules near the end of the regulation. Penalty's listed will also have a victim surcharge added so if it says $50 dollars in the regs your fine in the field will be $57. Any of the sections not listed with a specified penalty means an automatic court appearance (eg 34 (2) give false or misleading information)

Fishing without a licence - Total = $115
Unlawfully possess live baitfish or crayfish = $287
For the guys with Walleye tags:
Fail to properly/immediately tag fish = $230

Many more in there
AA
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Old 04-28-2010, 09:40 AM
floppychicken floppychicken is offline
 
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Originally Posted by AlbertaAngler View Post
Specified penalty's are list in the Provincial Offences and Procedures Act

Specified penalty's Scroll down to the schedules near the end of the regulation. Penalty's listed will also have a victim surcharge added so if it says $50 dollars in the regs your fine in the field will be $57. Any of the sections not listed with a specified penalty means an automatic court appearance (eg 34 (2) give false or misleading information)

Fishing without a licence - Total = $115
Unlawfully possess live baitfish or crayfish = $287
For the guys with Walleye tags:
Fail to properly/immediately tag fish = $230

Many more in there
AA

Thanks for the Link!

I gotta' say that the 'FINES' are 'RIDICULOUSLY' LOW! What a Joke... Is it any wonder 'so many' people fish without licenses and/or choose to take fish home when they're not supposed to?

I could find NOTHING in those Statutes that says a persons Boat, Tackle or anything else could be taken away from them. It looks to me like you'd only get a BIGGER 'slap on the wrist' if you had to go before a 'Justice of the Peace' and even that is a stretch without getting caught with at least 10 fish!!

Man, I'm kinda' dissapointed in all that...

/J...
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  #11  
Old 04-28-2010, 09:55 AM
Loper Loper is offline
 
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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.
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Old 04-28-2010, 10:09 AM
floppychicken floppychicken is offline
 
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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.
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  #13  
Old 04-28-2010, 10:21 AM
Loper Loper is offline
 
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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.
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  #14  
Old 04-28-2010, 10:52 AM
AlbertaAngler AlbertaAngler is offline
 
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Quote:
Originally Posted by floppychicken View Post
Actually, they DO have to give a ticket where such is warranted.
From the Act

22(2) If the regulations provide that proceedings with respect to an offence may be commenced under either Part 2 or Part 3, the proceedings shall be commenced under Part 3 unless it is in the public interest to compel the defendant to appear before a justice in proceedings under Part 2.
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Old 04-28-2010, 10:06 AM
AlbertaAngler AlbertaAngler is offline
 
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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.
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  #16  
Old 04-30-2010, 12:24 PM
rider_pride rider_pride is offline
 
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There seems to be a lot going back and forth. I think that the threads posted are for more than one offence. If you are fishing without a licence you will be charged with that. If you have fish in your livewell or whatever then that could be another charge. they can seize other stuff besides the fish (Rod/hook) It's just easier to buy a licence and not have to worry about getting caught. Besides the money from the licence is suppossed to go back to help the resource.
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  #17  
Old 08-10-2014, 05:44 PM
williell williell is offline
 
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Just curious, if someone is convicted and fined for fishing without a licence, would it be considered a crime? If they're filing a job application form, and it comes to the question of whether or not they've ever been convicted of a crime without a pardon being granted, would one need to check the box to say they were caught fishing without a license?
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  #18  
Old 08-10-2014, 05:52 PM
fish gunner fish gunner is offline
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Quote:
Originally Posted by williell View Post
Just curious, if someone is convicted and fined for fishing without a licence, would it be considered a crime? If they're filing a job application form, and it comes to the question of whether or not they've ever been convicted of a crime without a pardon being granted, would one need to check the box to say they were caught fishing without a license?
Seriously you need to ask ??? Were you arrested, did you appear in court.? Have you had a speeding ticket ?? Wow dont mean to pick on ya but wow. No it is not a criminal offense.
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Old 08-10-2014, 08:28 PM
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I've fished withought a lincence when I was younger,,,,figured when I was 17 I could pass as 16 and I did even as 17 lol. As I got older I relized what's at risk and I maned up and have had a licence ever since, don't need a fine and it's peace of mind on the water.
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Old 09-04-2014, 02:56 PM
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Okotokian Okotokian is offline
 
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No it is not a criminal offense.
That would have sufficed.
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  #21  
Old 09-04-2014, 03:30 PM
CraigJ CraigJ is offline
 
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Quote:
Originally Posted by fish gunner View Post
Seriously you need to ask ??? Were you arrested, did you appear in court.? Have you had a speeding ticket ?? Wow dont mean to pick on ya but wow. No it is not a criminal offense.

Actually yes he would have been under arrest. Not in the traditional sense of being placed in handcuffs, sitting in the back of a police car, having being read your charter right, etc, but in the legal sense that he is being detained by a peace officer, certain rights are being removed from him and he is not lawfully able to just walk away and leave. Yes if he did not admit guilt and pay the fine he would have been required to appear in court before a Justice of the Peace. If he did not complete either of these options by the date specified on the Summons, an arrest warrant would be issued and he WOULD then be arrested, handcuffed, read charter rights, etc.

For your own information when you are stopped for speeding you ARE under arrest. Just try taking off when you have been stopped and see what happens.

Personally I think it is better to ask than to not ask if you don't know something.
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Old 09-04-2014, 04:28 PM
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Okotokian Okotokian is offline
 
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Originally Posted by CraigJ View Post
Actually yes he would have been under arrest. Not in the traditional sense of being placed in handcuffs, sitting in the back of a police car, having being read your charter right, etc, but in the legal sense that he is being detained by a peace officer, certain rights are being removed from him and he is not lawfully able to just walk away and leave. Yes if he did not admit guilt and pay the fine he would have been required to appear in court before a Justice of the Peace. If he did not complete either of these options by the date specified on the Summons, an arrest warrant would be issued and he WOULD then be arrested, handcuffed, read charter rights, etc.

For your own information when you are stopped for speeding you ARE under arrest. Just try taking off when you have been stopped and see what happens.

Personally I think it is better to ask than to not ask if you don't know something.
Speeding is not a criminal offence (which is what is being asked about I think) and you are not under arrest. Now trying to evade the police after you have been stopped is a criminal offence, but it's unrelated to the speeding. What job applications and other documents usually ask is "Have you been convicted of a criminal offence?" I think for speeding or a fishing license violation you can truthfully answer "No."
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Old 09-04-2014, 03:09 PM
CraigJ CraigJ is offline
 
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Quote:
Originally Posted by williell View Post
Just curious, if someone is convicted and fined for fishing without a licence, would it be considered a crime? If they're filing a job application form, and it comes to the question of whether or not they've ever been convicted of a crime without a pardon being granted, would one need to check the box to say they were caught fishing without a license?
Your job application is asking about criminal convictions for offences committed as described in the Criminal Code of Canada. 'Fishing without a license' falls under the Alberta Fisheries Act (RSA 2000 cF16) which is a Provincial Act. It would be the same as getting a speeding ticket.
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  #24  
Old 09-04-2014, 11:24 AM
Tinsmith1952 Tinsmith1952 is offline
 
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Default Fishing with two rods

I know its ileagle to fish with more than one line in summer and two lines in winter. I see people using more lines than they are allowed. If they get caught would they lose everything? I know the fine is $100 but would they lose their fishing equipment, boat and vehicle or just a fine?
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Old 09-04-2014, 03:02 PM
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Lund rebel Lund rebel is offline
 
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Quote:
Originally Posted by Tinsmith1952 View Post
I know its ileagle to fish with more than one line in summer and two lines in winter. I see people using more lines than they are allowed. If they get caught would they lose everything? I know the fine is $100 but would they lose their fishing equipment, boat and vehicle or just a fine?

I don't know if you are aware, I certainly wasn't certain people have fish reaserch licenses and get get away with fishing multiple rods as part of that. I do believe they are to make it very obvious with some identification tho.

And then there are some of us that have imaginary friend that enjoy fishing also.
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  #26  
Old 09-11-2014, 02:31 PM
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How about operating a motorized boat without an Operator's License.
I quote from http://www.tc.gc.ca/eng/marinesafety...q-2233.htm#who

"Who needs an Operator Card?
Everyone who operates a power-driven boat needs proof of competency — something that shows they understand the basic rules and how to safely operate a boat. The most common proof of competency is the Pleasure Craft Operator Card. You can get the card by taking a boating safety course in-person or online, and passing the test at the end of the course.

* Proof of Competency is not required in the waters of Nunavut and Northwest Territories at this time."
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Old 09-12-2014, 07:26 AM
Mikezilk Mikezilk is offline
 
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Originally Posted by fsa313 View Post
How about operating a motorized boat without an Operator's License.
I quote from http://www.tc.gc.ca/eng/marinesafety...q-2233.htm#who

"Who needs an Operator Card?
Everyone who operates a power-driven boat needs proof of competency — something that shows they understand the basic rules and how to safely operate a boat. The most common proof of competency is the Pleasure Craft Operator Card. You can get the card by taking a boating safety course in-person or online, and passing the test at the end of the course.

* Proof of Competency is not required in the waters of Nunavut and Northwest Territories at this time."
That could potentially be one. That is a Federal Regulation.
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