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[Tylsie]

Who brings a passport fishing ?

Actuallt an old girlfriend of mine. She didn't drive but travelled a lot for work so in most cases her only form of ID was a passport. But my question was more, what is stop someone from say Alberta driving buying a residents license and tags then producing a passport when asked for ID. Now I don't think this is a major problem but a lot more has been done to save $100.

Eitherway, I would fight this ticket as the charge, fishing without a license doesn't apply.

[boomer46]

The purpose of asking anglers to produce a photo ID with the licence is to ensure non-residents are not buying licences for residents.

Maybe the reverse Rodney? 

Frank

[clarki]

I did a bit of digging (because I'm a nerd!) and sure enough, it is an offense to not produce ID.

You need to keep mind that the freshwater fishing regulations synopsis is just that, a synopsis. It's a summary of the regulations, it's not the regulations themselves. If you want to understand the synopsis fully, you need to dig back into the regulations themselves and the underlying act.

The synopsis says that "you must carry your license while sportfishing....under the Wildlife Act"

The Wildlife Act http://www.bclaws.ca/Recon/document/ID/freeside/00_96488_01#section12 prescribes that you need a license to fish in non-tidal waters in section 12. In section 97 it states the license holders must state their name and address and produce prescribed photo identification.

To learn more about how the act is applied, you go to the Wildlife Act General Regulations. http://www.bclaws.ca/civix/document/id/complete/statreg/340_82/search/CIVIX_DOCUMENT_ROOT_STEM:(%22photo%20identification%22)%20AND%20CIVIX_DOCUMENT_ANCESTORS:reg96488?1#hit1
In section 20.04  you learn more about what is "prescribed photo identification".

Interesting. So it is a violation to not produce photo ID, even if it is not readily apparent in the synopsis.

Sometimes, I lock my wallet in my glove box and just take along my license. Now, I'll be tucking "prescribed photo ID" into that baggie.

We're hearing this second hand from the OP, and so it's all speculation, as to what violation of the act/regulations was cited, but to answer the OP's question, yes, you need to produce both a license and photo ID, if requested by an officer.

And just when I thought I might not learn anything new this week

[milo]

I did a bit of digging (because I'm a nerd!) and sure enough, it is an offense to not produce ID.

Thank you clarki. Education rules!

Actuallt an old girlfriend of mine. She didn't drive but travelled a lot for work so in most cases her only form of ID was a passport. But my question was more, what is stop someone from say Alberta driving buying a residents license and tags then producing a passport when asked for ID. Now I don't think this is a major problem but a lot more has been done to save $100.

A passport is NOT proof of citizenship within the country of issuance. It only becomes proof of citizenship when you travel abroad.

[ShaunO]

To the letter of the law, you can actually be detained (read jail) until such time as you can prove who you are.  I thought that most people would consider carrying their ID with them a no brainer. 

[wildmanyeah]

Blair is our recent regulation expert so hopefully he chimes in soon in CAPs and colorful writing.

I also have never been asked to provide photo ID. I am sure your friend got wrongfully stereo typed.



Personally I would say just pay the 100$ fine. For me the stress of dealing with court, having to take days off from work ect are just not worth it.

If not have a look though the act, I could not see anything about needing to have valid ID.  However I am pretty sure you can have all your fishing gear seized if you cant produce a valid ID and you can be detained the police can be called and then you have to deal with them. You are also required to provide them with accurate details such as your address or you can be charge with obstruction of justice.

http://laws-lois.justice.gc.ca/eng/regulations/SOR-96-137/  British Columbia Sport Fishing Regulations
http://laws-lois.justice.gc.ca/eng/acts/f-14/ Fisheries Act
 http://laws-lois.justice.gc.ca/eng/regulations/SOR-93-53/ Fishery (General) Regulations

Inspection

49 (1) Subject to subsection (2), for the purpose of ensuring compliance with this Act and the regulations, a fishery officer or fishery guardian may enter and inspect any place, including any premises, vessel or vehicle, in which the officer or guardian believes on reasonable grounds there is any work or undertaking or any fish or other thing in respect of which this Act or the regulations apply and may

(a) open any container that the officer or guardian believes on reasonable grounds contains any fish or other thing in respect of which this Act or the regulations apply;

(b) examine any fish or other thing that the officer or guardian finds and take samples of it;

(c) conduct any tests or analyses and take any measurements; and

(d) require any person to produce for examination or copying any records, books of account or other documents that the officer or guardian believes on reasonable grounds contain information that is relevant to the administration of this Act or the regulations.

Your Photo Id I would also say is relevant to enforcing part D 


PS: i was writing this while Clarki posted, The thing is im pretty sure you can fight and win because the officer did not cite the correct part of the ACT.  You had a valid fishing licence 

[DanL]

The purpose of asking anglers to produce a photo ID with the licence is to ensure non-residents are not buying licences for residents.

From this perspective (or rather vice versa, a resident buying a cheaper license for a visitor), and the OP says the guy's english is not very good maybe that's what happened.

Routine license check, guy cant answer officer's questions very well due to language barrier. Officer asked for ID for which he isnt carrying = red flag.

[clarki]

Blair is our recent regulation expert so hopefully he chimes in soon in CAPs and colorful writing.

Blair is NO LONGER with us. He was cited for being in violation of FWR section 2.8. The penalty was applied SWIFTLY and JUDICIOUSLY.

Not doubt he is reading this as a guest, and just vibrating.

The thing is im pretty sure you can fight and win because the officer did not cite the correct part of the ACT.  You had a valid fishing licence 

Officers are pretty good a citing acts and regs. It's a core competency for their job.  We're hearing this second hand. Maybe the fishing license wasn't valid (maybe he didn't sign it?)...

But is fun to engage in shameless speculation.

[wildmanyeah]

But is fun to engage in shameless speculation.

It's true we don't no if they signed it? if they had the correct licence residence or non residence, Tidal vs no tidal ect..

However, Lets assume everything on the licence was correct and it was valid. Did the officer correctly site the act? 

[Tylsie]

Thank you clarki. Education rules!

A passport is NOT proof of citizenship within the country of issuance. It only becomes proof of citizenship when you travel abroad.

Totally off topic but interesting. It appears you are right about passports not bring proof of citizenship within Canada. I find that odd as I recently purchased property and used my passport as proof because a DL doesn't cut it.

[NothingToSnagAbout]

K, I'll carry my birth certificate in a ziplock bag in my wader pouch.

[poper]

A passport isn't a prove of citizenship in Canada,I would post the write up but have no idea how to lol, go to the government site.That being said, I'm sure if you pulled your passport out the Co is going to use it as prof.

[NothingToSnagAbout]

Documents Canada accepts as proof of citizenship

http://www.cic.gc.ca/english/citizenship/documents.asp

[clarki]

K, I'll carry my birth certificate in a ziplock bag in my wader pouch.

A birth certificate is not photo ID.

A passport isn't a prove of citizenship in Canada,I would post the write up but have no idea how to lol, go to the government site.That being said, I'm sure if you pulled your passport out the Co is going to use it as prof.

Yes a passport is one of "prescribed photo identification" as it is photo ID issued by the gov't of Canada.  For myself, I think I'll start carrying my PAL with me. It's federally issued photo ID and in case of accident, I value it less than my BC enhanced driver's license
 

[milo]

K, I'll carry my birth certificate in a ziplock bag in my wader pouch.

C'mon now. Citizenship has nothing to do with your fishing license.
Not all BC residents are Canadians, nor are all Canadians BC residents.

Just carry your DL or Service Card with you. That's all it takes to prove you are a BC resident angler, which is what the OP's friend wasn't able to do and, as a result, got ticketed for it.