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Author Topic: Warning, cash grab by conservation dept.  (Read 51163 times)

NiceFish

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Re: Warning, cash grab by conservation dept.
« Reply #15 on: October 23, 2010, 05:06:17 PM »

who here actually checks to see if they actually still have their pen on their person just before they bonk their spring? i know i don't. I know i check for my pen when i load my vest into my truck in the morning....
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clarki

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Re: Warning, cash grab by conservation dept.
« Reply #16 on: October 23, 2010, 05:15:56 PM »

 It's a cash grab. It was unjust. I'm an ethical angler. I'm a victim. Blah, blah, blah

Whether it was untintentional or not, you broke the law. Suck it up, take responsibiliity for your actions, and buy a clip for your pen.

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bbronswyk2000

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Re: Warning, cash grab by conservation dept.
« Reply #17 on: October 23, 2010, 05:26:19 PM »

These guys are right you were in the wrong.

Here is something that happened to me a while back. Back when the new law was passed where you couldnt talk on the phone while driving I got a phone call ( work related ) and I didnt have a bluetooth yet. I quickly answered the phone at a red light and told my client I was in my truck and would call back when I could stop. Well I made a right turn at that light and their were police officers there and was told to pull over. They had a guy staged at the light in plain clothes checking for this. I told the officer I was only on the phone for 10 seconds and at a red light. They understood and if it had happened one month earlier they would have given me a warning but they were not allowed to issue warnings anymore. So I took the ticket and didnt fight it because although it sucks I was still breaking the law. I sucked it up.

Their is no grey area in either of our cases. In your case they use the word "immediately" and in my case its" in no circumstances" so suck it up and pay the fine
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purplehelmet

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Re: Warning, cash grab by conservation dept.
« Reply #18 on: October 23, 2010, 05:38:49 PM »

OMG, I just went-off on another thread how I never see CO's :-[
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rjs

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Re: Warning, cash grab by conservation dept.
« Reply #19 on: October 23, 2010, 05:48:36 PM »

take it to court to get a judge to rule on it !
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doja

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Re: Warning, cash grab by conservation dept.
« Reply #20 on: October 23, 2010, 06:29:49 PM »

How far were you from your truck??? Maybe you had to find something suitable to write on and the truck was your only option (possibly being close) as it may have been raining and/or wet and/or you had nothing suitable to write on in your vest and no where in the immediate area to write on?

If it was only a minute away or in sight that might be another defense too as it is in the immediate area. If it was out of sight or several minutes away then maybe not.

The definition of immediately is not clearly defined. Is it 1 minute, 5 minutes, the second it leaves the water, within a reasonable amount of time?

It is also a great idea to call several different head CO's and get their input into what happened, and get their name and record the time you called. Also call the supervisor of the officer you dealt with and inform him of the situation and why you think it is not justifiable and any other complaints you have. Be very descriptive with times of delay, how the officer acted, and the situation. Some are very nice people and may give advice in how to defend your self if they feel that the situation you described is not qualifying of a ticket. I say this as sometimes when officers are in the wrong their supervisors may also straighten them out for the next guy.

Too many people completely roll over with the law giving them more power than they deserve and fail to keep them in check as they have rules too!!!

I also fish out of a kayak and it is very difficult to record sometimes as the constant wet environment and rain means there are sometime long delays before I can write it down as I can't risk damaging my paper licenses.

You do what you can reasonably do.
« Last Edit: October 23, 2010, 06:35:42 PM by doja »
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skaha

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Re: Warning, cash grab by conservation dept.
« Reply #21 on: October 23, 2010, 06:32:28 PM »

Oh, and if you don't beat the ticket the judge may grant a reduction to help cover your hassle of going to fight it. This depends on income or if the judge kinda hears ya he'll be nice and at least do something. I have friends that have fought tickets and had them reduced as they had a somewhat plausible defense.

But be very respectful and nice to all party's.

Good luck
--You don't know what the judge will do or else we wouldn't need them... he or she may have heard this in your opinion valid reason or may decide it was a lame excuse ..... thus decide he wants your gear and license as well as the fine.
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doja

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Re: Warning, cash grab by conservation dept.
« Reply #22 on: October 23, 2010, 06:49:59 PM »

--You don't know what the judge will do or else we wouldn't need them... he or she may have heard this in your opinion valid reason or may decide it was a lame excuse ..... thus decide he wants your gear and license as well as the fine.

They can't do that. ::) ::)


Whats next seize your car for speeding or parking infractions when you decide to appeal??? ::) ::)

Yes I know what the judge will do... he will say pay the full amount or reduce the ticket or cancel the ticket or chose not the hear the defendant. He is only appealing the alleged offense. ::)

They can only seize your gear for certain serious offenses, not minor infractions.

I suggest you learn the law and know your rights as everyone has the right to a fair trial by a judge, NOT officers. And that means the right to appealing an officers decision.

FYI every one also has the right to appeal the cost of the ticket, not the offense as one might not make much money.

I think the cost of this offense is way too high as it is quite easy to willingly keep more than 10 Chinook with re-printable/photo copy licenses, so charging so much for people who make a mistake seems unreasonable.
« Last Edit: October 23, 2010, 07:03:35 PM by doja »
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Fish Assassin

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Re: Warning, cash grab by conservation dept.
« Reply #23 on: October 23, 2010, 07:11:20 PM »

So what was I supposed to do?

Write it down in fish blood? My blood? Burn a stick (if I had a lighter) and write it in charcoal?

The fish was caught "clean" and bonked. I'm walking back to the truck with the fish, the CO's have already seen me with it, I figure I've done nothing wrong.

If I was actually guilty of something, then run? or toss the fish in the bush? A little late for either of those, if I ACTUALLY had done something wrong.

Next time use a sharp instrument (hook, spinner whatever) to make an imprint on your licence as if you are recording your catch. If checked by the CO (or the judge if charged) it shows that you intended to record your catch.
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doja

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Re: Warning, cash grab by conservation dept.
« Reply #24 on: October 23, 2010, 07:26:06 PM »

Next time use a sharp instrument (hook, spinner whatever) to make an imprint on your licence as if you are recording your catch. If checked by the CO (or the judge if charged) it shows that you intended to record your catch.

It doesn't show the date :-\ :'(

I really wish DFO would produce licenses that have punch outs for the date, but then how do you show locations??? It is possible but "they" don't want to spend the money on doing so.

I support the original licenses that were not re printable but now it is so easy to just reprint or photo copy that this rule is no longer able to do the function it was originally suppose to do. At least the old ones you would have to pay for a copy if you loose it so if you want to keep more than 10 Chinook you would at least pay into it but now you have an infinity limit on Chinook. :'( :'(

Very poor policy making....

Oh, you can now keep an infinity on steelhead too.... ::)
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Geff_t

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Re: Warning, cash grab by conservation dept.
« Reply #25 on: October 23, 2010, 07:52:42 PM »

Ok so does no one read the regs anymore. There has been a few people on here comment that a 6lbs spring is a jack and does not need to be recorded. Well guys read the regs there is nothing regarding the weight that determines whether it is a jack or not, it depends on how long it is.  The co's as well as DFO has been cracking down on this system especially in this area due to the poaching that has been going on. You could of had the opportunity to ask someone there for a pen or simply send one of your friends back to get one. Either way you got off easy compared to others and I hope people have learned a lesson from this.
« Last Edit: October 23, 2010, 09:30:24 PM by Geff_t »
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doja

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Re: Warning, cash grab by conservation dept.
« Reply #26 on: October 23, 2010, 07:59:35 PM »

Ok so does no one read the regs anymore. There has been a few people on here comment that a 6lbs spring is a jack and does not need to be recorded. Well guys read the regs for the Alouette on spring retention. There is no such thing as a jack on this system. Any spring over 30cm must be recorded on your license right away. The co's as well as DFO has been cracking down on this system especially in this area due to the poaching that has been going on. You could of had the oportunity to ask someone there for a pen or simply send one of your friends back to get one. Either way you got off easy compared to others and I hope people have learned a lesson from this.

I believe you are wrong. An adult chinook is defined as being over 50cm unless other wise stated.

From dfo:

There is an annual limit of 10 adult chinook from all non-tidal waters. All retained adult chinook must be recorded immediately on the back of your freshwater angling licence. An “adult chinook” in Region 2 is defined as being over 50 cm except in the following areas where an “adult chinook” is defined as being over 62 cm:
A) the Fraser River downstream of the powerline crossing approximately 1 km above the Agassiz/Rosedale bridge from Sep 01 - Dec 31,
B) the Chilliwack/Vedder River (including Sumas River); the Harrison River and the Capilano River.

Heres the link: http://www.pac.dfo-mpo.gc.ca/fm-gp/rec/fresh-douce/region2-eng.htm
« Last Edit: October 23, 2010, 08:02:42 PM by doja »
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Rodney

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Re: Warning, cash grab by conservation dept.
« Reply #27 on: October 23, 2010, 08:03:10 PM »

Ok so does no one read the regs anymore. There has been a few people on here comment that a 6lbs spring is a jack and does not need to be recorded. Well guys read the regs for the Alouette on spring retention. There is no such thing as a jack on this system. Any spring over 30cm must be recorded on your license right away. The co's as well as DFO has been cracking down on this system especially in this area due to the poaching that has been going on. You could of had the oportunity to ask someone there for a pen or simply send one of your friends back to get one. Either way you got off easy compared to others and I hope people have learned a lesson from this.

Not entirely correct.

http://www.pac.dfo-mpo.gc.ca/fm-gp/rec/fresh-douce/region2-eng.htm

Quote
An “adult chinook” in Region 2 is defined as being over 50 cm except in the following areas where an “adult chinook” is defined as being over 62 cm.

On a related note, in tidal waters, all chinook salmon over the legal size limit, regardless adults or jacks, have to be recorded on the tidal fishing licence immediately when the fish is retained.


15 years ago I was driving from UBC to Richmond just after I got my driver licence. The speed limit changed from 80km/hr to 50km/hr but my speed remained 80km/hr because I failed to notice the sign. I was flagged down by the police. I guess that I should have insisted that I would have slowed down if I saw the sign because I am as honest as a person would get.

Canadian justice system is just so so unfair, my rights are being violated daily by these cash grabbers. Oh the suffering.

::)

Geff_t

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Re: Warning, cash grab by conservation dept.
« Reply #28 on: October 23, 2010, 08:11:31 PM »

Ok so I stand corrected. Either way he got off lucky.
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doja

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Re: Warning, cash grab by conservation dept.
« Reply #29 on: October 23, 2010, 08:12:55 PM »

Ok so I stand corrected. Either way he got off lucky.

What more could have happened???
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