Possession limits

[Confused]

Didn't really want to get into this but there is a loophole. You can gift them to whoever you wish, fish for ten days or whatever and keep gifting them. And then on your return home that person "gifts" the whole catch back to you. It is effectively "laundered. I know DFO and others have been concerned about this but not sure if they have any luck closing this one. happens out of Rupert all the time.

 

[bigbruce]

I don't know if that's entirely correct, Confused. If anyone is caught by an FO with a cooler full of fish, they better have some documentation that shows who caught it under which license - regardless of whether it was given to them or not.

 

[Confused]

I don't know if that's entirely correct, Confused. If anyone is caught by an FO with a cooler full of fish, they better have some documentation that shows who caught it under which license - regardless of whether it was given to them or not.

Ask DFO......., and they would know whos license it was caught under, just possesion limits don't apply as it has been given away to someone at their permanent residence, and then given back. No law about giving fish away.

 

[Cuba Libre]

I think Confused is correct. Once it is at your residence , it is your personal possession.. You still cant sell it-- but giving away (and trading for some other item) falls within a persons property rights... But dont go out thinking to challenge this unless you have a bigger bank account than the Federal Justice dept.

 

[ziggy]

You can also go to Mexico and have the cartel guys install a hidden compartment in your gas tank for transporting extra fish lol. Rules are only for those who follow them I guess. Seems to me that the gifting scam is just another form of poaching.

 

[UkeeDreamin]

Good luck explaining that one and walking away without an appearance notice. Again, local FOs may have their own interp of the regs and let it slide in Rupert but the FOs I know down here would be giving you an appearance notice and have you explain the perceived "gifting loophole" to a judge. My interp is once its given back to you, and assuming you're away from your residence, you'd be back in a position of having more than your legal limit of sport caught fish in your possession. Again, though, everyone prerogative to interp as they wish and take your chances with enforcement.

Ukee

 

[seadna]

I think he is suggesting that it is given back to him once he is at his personal residence.

 

[Samnjoe]

For guys that spend the money to travel to the Island it's not about trying to find a loophole.
Its about making it worth your while.
The loophole is that for guys who live where they fish they have no possession limit only an annual limit.
I have no problem with guys sending their fish home with friends then fishing for another possession.
Read and follow the regs.
Send your fish along with a letter home with a friend.
Once that fish is at your home you can fish for another possession.
If you eat a fish while you are on your trip it applies to your daily limit only not your possession.
You can go back out the next day and catch another to take it's place.
All of this is clear in the regs including the required info on the transport letter.
I keep a copy on my boat to show the FO's when there is a problem.
Most of them don't have a clue what the regs are.

 

[Red Monster]

The regs help to preserve salmon stocks so that's a good thing, but the possession limit is quite uneven in it's application.
In Alaska there is no possession limit, but you need to process your daily limit for transport home.

 

[casper5280]

For guys that spend the money to travel to the Island it's not about trying to find a loophole.
Its about making it worth your while.
The loophole is that for guys who live where they fish they have no possession limit only an annual limit.
I have no problem with guys sending their fish home with friends then fishing for another possession.
Read and follow the regs.
Send your fish along with a letter home with a friend.
Once that fish is at your home you can fish for another possession.
If you eat a fish while you are on your trip it applies to your daily limit only not your possession.
You can go back out the next day and catch another to take it's place.
All of this is clear in the regs including the required info on the transport letter.
I keep a copy on my boat to show the FO's when there is a problem.
Most of them don't have a clue what the regs are.

X2 I have friends from Alberta that come out every year and that is exactly how they handle it and they have never had a problem.

 

[Aces]

Didn't really want to get into this but there is a loophole. You can gift them to whoever you wish, fish for ten days or whatever and keep gifting them. And then on your return home that person "gifts" the whole catch back to you. It is effectively "laundered. I know DFO and others have been concerned about this but not sure if they have any luck closing this one. happens out of Rupert all the time.

The fisher's licence as well as a letter has to accompany the fish.

 

[BearCove]

Sean,

Pretty sure it's only the letter that has to travel if the fish is gifted, if they are just transporting for you they need the license. When I send my brother back to AB with custom cut fish from my freezer here in BC all I have to do is write a letter stating it was me that gave it to him, my address and my license number.

This is from my local DFO office.

 

[pescador]

The more I read this, the more I realize that everyone has a different intepretation of the regs. That says something about the the way it's been written, and must influence enforcement of it.

 

[ziggy]

If in doubt contact DFO, give them your own specifics, ask for a ruling for your circumstances and get the Officers name. Better yet email and keep the reply. I think it's pretty clear although I see nothing on gifting, so I'd ask directly if it was in my plans.

 

[Samnjoe]

The fisher's licence as well as a letter has to accompany the fish.

Reading the regs as I write this.
Clearly stated under the heading "Transporting someone elses catch".
You do not need to send the license with your catch.
And you may fish again once that person has dropped your fish of at your home.

Not an interpretation.
It's all under "Packaging and transporting your catch"

 

[wishiniwasfishin1]

I vaguely remember the 'mailbox rule' from a grade 10 law class that stated (in contract law) that acceptance happens when the accepted offer is mailed (not when received). I wonder if this applies to your possession limits? ie - the fish is considered to be at your place of residence when it is mailed? A guy could go out and catch his limit, and begin fishing and keeping again when the original limit is mailed back to his pad, not when it is received three or whatever days later. Personally, I feel like 8 Salmon is plenty for anyone, but this is an interesting topic..

 

[Karma-Kazi]

Sean,

Pretty sure it's only the letter that has to travel if the fish is gifted, if they are just transporting for you they need the license. When I send my brother back to AB with custom cut fish from my freezer here in BC all I have to do is write a letter stating it was me that gave it to him, my address and my license number.

This is from my local DFO office.

This is the same system ive been using. Have traveled to Port Mcneil with out boat a few times for a week. I drove our catch home once and that is the system we used.

 

[casper5280]

I vaguely remember the 'mailbox rule' from a grade 10 law class that stated (in contract law) that acceptance happens when the accepted offer is mailed (not when received). I wonder if this applies to your possession limits? ie - the fish is considered to be at your place of residence when it is mailed? A guy could go out and catch his limit, and begin fishing and keeping again when the original limit is mailed back to his pad, not when it is received three or whatever days later. Personally, I feel like 8 Salmon is plenty for anyone, but this is an interesting topic..

Same as when your fish is sent to the processor. Once it is sent you can continue fishing. Don't really see what the problem is here. Possession is what you have with you when they stop you, plain and simple. Once it is at the processor or your transporter it becomes part of your yearly possession. If someone transports your fish as long as it's packaged right and they have a letter stating what it is and where it's going and the fishers name and contact info and license info there will be no problem. As others have stated if you can't figure call DFO and ask. Get the guys name and badge number and you golden.

 

[ziggy]

Same as when your fish is sent to the processor. Once it is sent you can continue fishing. Don't really see what the problem is here. Possession is what you have with you when they stop you, plain and simple. Once it is at the processor or your transporter it becomes part of your yearly possession. If someone transports your fish as long as it's packaged right and they have a letter stating what it is and where it's going and the fishers name and contact info and license info there will be no problem. As others have stated if you can't figure call DFO and ask. Get the guys name and badge number and you golden.

Not according to the sport fishing guide. Google it and check out the section on possession.

 

[casper5280]

I stand corrected. You are right Ziggy they are in your possession till they arrive at your home. I was told wrong and that was by a fishery officer, that was a while ago though. Has it changed recently. Thanks for pointing that out.
here it is right from the Regs:
"Fish are still in your possession if you are having them delivered on your behalf to your ordinary residence or have given them to a commercial processor to be processed for your future use. The requirements pertaining to possession limits will no longer apply once your catch has arrived at your ordinary residence."

It seems strange though that once at the processor, that could take months to process that one could not fish till that fish arrives at your home. Seems like a long time before you can fish again if your processor is very busy.