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Old 04-28-2010, 01:02 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 01:19 AM.
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  #2  
Old 04-28-2010, 03:27 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 04-28-2010, 06:55 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, 08:40 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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  #5  
Old 04-28-2010, 08:55 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, 09:06 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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Old 04-28-2010, 09:09 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 09:23 AM.
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  #8  
Old 04-28-2010, 09:21 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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  #9  
Old 04-28-2010, 09:36 AM
floppychicken floppychicken is offline
 
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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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  #10  
Old 04-28-2010, 09:45 AM
Loper Loper is offline
 
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I think I'm just kind of splitting hairs on the word "siezed" I see it as the fish being considered siezed when an officer takes it from the persons possession for the purposes of the investigation. Whether it is released or bagged as evidence the fish has still been retained by the officer. I think the legislation just allows the officer to dispose of the evidence by releasing it if the fish is likely to survive.

That's the way I read it anyways...by no means an expert!
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  #11  
Old 04-28-2010, 09:52 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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  #12  
Old 04-28-2010, 03:05 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, 06:22 PM
floppychicken floppychicken is offline
 
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Quote:
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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  #14  
Old 04-29-2010, 05:04 AM
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, 06:38 AM
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crazyfish crazyfish is offline
 
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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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  #16  
Old 04-29-2010, 02:03 PM
fish-man fish-man is offline
 
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Quote:
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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  #17  
Old 04-29-2010, 05:52 PM
gatorhunter gatorhunter is online now
 
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We'll generally photograph live fish then release them if we believe that they have a good chance of surviving. Actual seized fish are also photographed and given away to needy people or groups as soon as possible.

Courts don't want fish in their court rooms. Photographs are all the evidence that they want.
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  #18  
Old 04-30-2010, 06:48 AM
emptycasings emptycasings is offline
 
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That is not entirely correct. Fish and Wildlife or Conservation Officers can NOT seize anything and everything in your possession. What can be seized is anything that may have been used in the commission of an offence. For example, the rod used to catch the illegal fish, or the truck used to transport the illegal fish. The Constitution protects Canadians against unreasonable seizure, so unless it is related to the offence somehow, it is untouchable.

Regarding the question of having several people there, it depends on the seriousness of an offence. If three guys are in a truck and there is one undersized Walleye, and the guilty party admits it, the truck will likely not be seized, as that is unreasonable. However, if the truck is transporting 30 illegal walleye, it will be seized as evidence, and the occupants will be required to find a way home.
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Old 04-30-2010, 06:53 AM
fish-man fish-man is offline
 
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Thank you casings, that sounds reasonable.

Do you know how these rules apply to fishing licence infractions? Ie if I take my buddy fishing in my boat and when they check us he doesn't have a fishing licence... will I get in trouble as well?
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Old 04-30-2010, 08:32 AM
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Originally Posted by fish-man View Post
Thank you casings, that sounds reasonable.

Do you know how these rules apply to fishing licence infractions? Ie if I take my buddy fishing in my boat and when they check us he doesn't have a fishing licence... will I get in trouble as well?
You might. It will just depend on the Officer and any attitude from you or your cohort. One thing that might be in danger is any fishing gear. Again it will depend on the officer and any attitude from the fishermen.
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  #21  
Old 04-30-2010, 11:16 AM
emptycasings emptycasings is offline
 
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No you can not get in trouble for that. If you are legally licensed and he is not, that is his problem. There is nothing for fishing like there is for driving, where if you are driving and he is drinking beer you are also liable. If he doesn't have his license, its on him. On that note, unless he is seen to be fishing, he is not committing any infraction. He can accompany you in the boat, just so long as he doesn't have his line in the water.
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  #22  
Old 04-30-2010, 11:24 AM
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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