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[clarki]

Irony 101.  Posted by clownfish on Jan 20, 2008  "While I'm not saying that you, or anyone else on this thread, had anything to do with any of this, I don't break the rules and regulations of the places that I go to, so anyone that doesn't like our rules and regulations they don't have to come here"

[Fish or cut bait.]

You are a martyr, a reminder to us all.
Though you have my sympathies you unfortunately erred and made a mistake.
Would I be pissed? Heck ya, but probably more at myself.
Is it unfair? Given your explanation of the facts (your side of the story though there is another side) Quite possibly.
Hopefully, if you fight it, you will at least have your fine reduced.
Just remember if you do fight it There's the time and possibly lost wages you will incur (I don't believe they meet you for lunch).
I personally wouldn't do it for the money ( I'd lose valuable time and wages) though I might fight a ticket on principle.
and sorry,  I can't contribute to your defense fund.

I do believe MERC said it best:

--------------------------------------------------------------------------------

Hmmm...

For some reason there seems to be some confusion about breaking the law and the intent to break the law.  Intent is not a legal defense.  If you drive a car and your speedometer is broken and you're speeding, while it may not be your intent to be speeding, it doesn't change the fact that you were in fact going too fast.  If you get into a bar fight and the guy you punched in the jaw ends up dead, it probably wasn't your intent to kill him either.  It may not be murder (which does have a very strong element of intent, btw) but it could certainly be manslaughter and yes, you could be charged.  To put this into perspective from the officer's viewpoint.  As a CO, how many times do they come across people poaching (ie: not recording catches on licenses) and I'll bet if people are caught, the very first thing they might say is that I lost my pen or my pen isn't working or some other excuse that tries to justify the lack of compliance with the law.  In fact, I know people who get speeding tickets and then challenge it in court knowing that the officer involved won't show up in most cases and then the case (and ticket) is thrown out.  No penalty to the speeder and us taxpayers end up footing the bill for the justice system.  Going back to the broken speedometer scenario for the moment, it is the responsibility of the owner (yes, the dreaded "R" word) to ensure that their vehicle is operating properly.  If it wasn't, I wouldn't want to be driving on the highways with all those big trucks with faulty brakes.  As an angler, it is your responsibility to know and follow the rules.  And yes rules change.  Sometimes often but pleading ignorance is no excuse nor a legal defense.   It's also a truism that often people who follow the rules are the only ones who get punished. 

One last thing I will say however.  I strongly suspect that the CO probably has discretion as to whether or not to issue a ticket for the offense.  In this case it appears that he/she chose to exercise that discretion rather than issue a warning.  But by the same token this may be  the 8th or 15th time he/she had heard that particular reason being given for not recording a catch on a license.   In which case, see the bottom line of the paragraph above.   
 

[noobfisher]

Amazing how everyone is so pro enforcement except when it comes to themselves getting busted. 

Go ahead, fight the ticket.  But when the only question that matters is asked "did you record the fish on your licence immediatley".  Your answer will be no.   GUILTY. 

well said. 

[Bavarian Raven]

well said.

indeed.

be a man, pay the fine, and stop whining...
everyone makes mistakes. deal with it. and dont forget next time.

[jetboatjim]

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

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

[jetboatjim]

sad to say but this is B.C. and you must prove you are not guilty.......and that takes money, more than likley you will miss a day of work to fight the ticket ,if you win you still loose. but I have seen many people fight this type of ticket and loose.

thats why I carry 4-5 pens.....just a bit of advice , they dont take up much room in my vest. and they work better than advil (they save you head-aches)

[Tofino Osprey Lodge]

You deserved the fine. Carry a fine felt marker and you will always be set.

[clownfish]

Irony 101.  Posted by clownfish on Jan 20, 2008  "While I'm not saying that you, or anyone else on this thread, had anything to do with any of this, I don't break the rules and regulations of the places that I go to, so anyone that doesn't like our rules and regulations they don't have to come here"

Yeah, that is ironic. Even more so as this was the first spring I have ever got in all the years I have fished. I certainly wont make the same mistake when I finally catch my first steelhead. But I am going to fight this none the less.

My buddy did have a pen, in his truck, which I did use to record the fish after I had been given the ticket. He thought that it would have been fine to record after we got back to his truck. If he had been wearing his other vest, we would have had a spare pen available, but we still might not have recorded immediately, but not with intent to never record it, nor to record and then make a new copy of the license without any entries. However the CO's could have still afforded me the benefit of the doubt, loaned me the pen, and there definately would never be another time where I would not have had a spare pen on me. Also, there is NO history of any fishing related offense(s), for either of us, which is the ONLY thing that should be considered in relation to this situation, particularly since the CO's would know this to be the first time this happened with me when they called it in. I have never fished without a license, never kept over quota (if I was lucky enough to catch anything at all, don't remember where I heard or read this "ten percent of the fishermen get ninety percent of the fish), have always bought salmon AND steelhead tags, never kept a foul hooked fish.

So yeah, excuse me if I feel that this is more than a little unjust!

[Rodney]

In 1995, which was the first year when I fished in BC, I thought it was ok to use two lines in the Tidal Fraser River after reading the regulations. Two DFO officers handed me a $120 fine during my first week of fishing. I guess that I should have fought the ticket instead of saving any embarrassment by paying the fine immediately. After all, I bought a licence, I had intended to follow the rules, I did not have a history of violations and I was only 18. Like you, who thought "immediately" means it's ok back at the vehicle, I interpreted the regulations incorrectly. It was simply so unjust now that I think about it.

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

[cutthroat22]

Different sceneio but similar in the fact i was careless.

Last year i moved to New West from Richmond.  About the same time our auto insurance was up for renewal.  Because I moved I did not get the renewal notice.

Short version: cop spotted me and our plate was expired (2 days over)....almost $600 fine.

I paid it as it was MY fault for being careless.

I had no intention of being a lawbreaker but I was therefore i got dinged.

[marmot]

Clownfish, you ask "what was I supposed to do?!?!"

Easy.  If you don't have a pen, don't keep your catch.  You didn't need to kill it... it wasn't a survival situation... so why the excuses? 

We all make mistakes.  I haven't fished with one guy who hasn't uninentionally screwed up on the regs by accident, whether its missing a barb, failing to record a catch, fishing with the wrong license in hand, etc.  Man up and admit your mistake.  Taking it to court.... come on... how many times do you think a judge has heard the "I usually don't do this" story?

[Bavarian Raven]

besides if u take it to court, think o much tax dollars it is costing the rest of us

[doja]

besides if u take it to court, think o much tax dollars it is costing the rest of us

So it is ok for government officials to "waste" tax dollars (and they do hugely) but not a general member of the public? What a lame response.

Every person has the right to fight the alleged offense and the dollar amount stated.

As jetboatjim said, most won't win. Although this depends on your defense and the circumstances surrounding it. Most don't have a strong defense but some very well might. If you have a better defense than it may be likely that a reduction in costs is even more easily attainable and depending on work/school/income/location of court, it may be in your interest to fight the amount of the ticket instead.

I know people who have gotten reductions (1/2) simple because they had a good defense, even though they made insane amounts of money and the courts knew it by their own admission.

I'm not positive if one can fight the cost of a fishing violation but I'd be surprised if one could not.

[Bavarian Raven]

So it is ok for government officials to "waste" tax dollars (and they do hugely) but not a general member of the public? What a lame response.

no its not. my father use to work for the city, trust me, i know how much money is wasted.
but this guy is clearly in the wrong, he broke the rules, he should pay. imo there is nthing to argue here. so dont waste even more tax dollars. save the fights for the issues that matter.

[Navy Seal Fisherman]

You should have told the CO they were your pet fish...and in case you per wondering... 3rd post down in the following thread

http://www.fishingwithrod.com/yabbse/index.php?topic=24975.msg235139#msg235139