Was DFO wrong??? I think so...

[GLG]

And to make it even clearer for you all....last paragraph says it all

http://www.pac.dfo-mpo.gc.ca/fm-gp/rec/first-premiere-eng.html#unlawfulactions

Thanks wolf it's clear but there is one part that could be better spelled out as judging by some post here on this thread.

• possess more than your daily limit or possession limit except for what is at your ordinary residence

What does ordinary residence mean? To find out what that means here in Canada you need to look it up in law.

"Ordinarily Resident Definition:
The place where in the settled routine of an individual's life, he or she regularly, normally or customarily lives."
http://www.duhaime.org/LegalDictionary/O/OrdinarilyResident.aspx

Clearly someone that is staying at a campground does not fit this description. If that's not clear consider where your driver's license is addressed or what you fill out, as an address, on your tax returns. That to me would be ordinary residence.

So if a CO ask to produce your fishing license it has your address and that should have the same as your driver's license. That would be your ordinary residence.

 

[Capt_Ed]

I think in the regs it says that the cutting of the fish are "guidelines "not the law. all the lodge fish is transported already filleted. I'm in my seasonal residence for 4 months get my mail delivered here and would be OK with going to court over filleting fish at the station and packing it up to camp.

How’s the fishing been up there Ed?

Not red hot here Curtis , but we have gotten fish everytime we have gone out. I hope my indecision on the items you had for sale didn't deter any other sale. I just can't figure out what would work best for me

 

[Waterwolf2230]

I think in the regs it says that the cutting of the fish are "guidelines "not the law. all the lodge fish is transported already filleted. I'm in my seasonal residence for 4 months get my mail delivered here and would be OK with going to court over filleting fish at the station and packing it up to camp.


Not red hot here Curtis , but we have gotten fish everytime we have gone out. I hope my indecision on the items you had for sale didn't deter any other sale. I just can't figure out what would work best for me

No worries at all Ed, It'll sell at some point...I'm in no rush.

 

[ziggy]

26 new dfo oficers on the coast .and they have 8' drone support that can see a dimond on the ring finger a 1k away .dfo waits for the intruder at the shore.

Where do they find the additional office space for them all? Lol. Seriously if it gets more into the field and they focus on enforcement it’s money well spent, unfortunately past experience with government makes me sceptical.

 

[Prairie Locked]

I know the regs speak to “permanent residence” but I don’t think they can fairly discriminate as to what your permanent residence is. It also speaks to “mailing address” but what if your mail goes to a P.O box?

Take for example people that RV year round and have no permanent fixed residence? Be pretty hard to enforce that I’d assume?

 

[ziggy]

I know the regs speak to “permanent residence” but I don’t think they can fairly discriminate as to what your permanent residence is. It also speaks to “mailing address” but what if your mail goes to a P.O box?

Take for example people that RV year round and have no permanent fixed residence? Be pretty hard to enforce that I’d assume?

I’m guessing if you live in an RV park year round, have no other residence, then that is your permanent address? Also as mentioned by GLG, what does it say on your license, what address have you given the government for tax, pension, medical card,or whatever purposes. I’m sure the government has ways to distinguish whether a place is your place of normal residence or not, they do for real estate sale, tax purposes. I guess the bottom line though is there are lots of “what if’s” which is why we have a court system. If you believe what you are doing is legal and a CO says it isn’t, fight the ticket! Like most DFO regulations though, it’s funny how many honest people are confused by the poorly written, constantly changing and confusing regulations. I’m not sure if even they know what the regs are half the time!

 

[Prairie Locked]

@ziggy - that’s my point. Some people live year round in their RV and do not have a ‘bricks and mortar’ residence, hence the P.O box statement I made. Heck, some people receive their mail at a family members residences for the same purpose. In fact, this lifestyle is becoming only increasingly more common.

Also, with all respect I think you’re mixing words somewhat. You’re residence can be something other than your ‘permanent address’ as I outlined above. I realize that this would be apply to a very small number of people and is not for everyone. I spend 6 weeks each summer in an RV but would never suggest it’s my residence nor would I suggest others in the same boat do the same.

And to GLG’s point, there are people who permanently reside in RV parks and would easily meet the threshold of an ordinary residence. Living in is different than staying in. I know of people at the resort in question that this would specifically apply to. Again, it’s the exception, not the norm.

 

[Prairie Locked]

Also to add, long term occupants (residents) are often billed directly for their hydro and it is metered for their usage. I’d reason that that sounds like a residence to me? Where does the bill go for that? Lol

 

[ziggy]

Well,I’m no expert about what constitutes your residence, but I would say for example if your license indicates a street address in say Victoria and you’re in a campground in Port Alberni, it would be reasonable for a CO to assume you are not at home. I realize there may be special circumstances but in those cases (probably rare?)it would be up to you to convince the guy writing the ticket, that you live in the RV full time and have no other residence and if he doesn’t buy it be willing to ultimately go to court.

Point taken I mistakenly substituted address for residence, even if you live in a park year round it can be argued it isn’t permanent. So you are absolutely right regarding address vs residence,the RV can of course change addresses which is the whole idea. I guess where I’m coming from though is that declaring it your permanent residence might be difficult if you also have another one?

 

[UkeeDreamin]

“At its simplest level, ordinary residence connotes something more than mere temporary presence in a place. ... Most common law courts understand ordinary residence to mean the place where a person resides in the ordinary course of his or her day to day life.”

Regs speak to ordinary residence, not permanent residence. If someone had a home they lived in for 8- months but lived in a cottage or rv park for the summer months, I’d be surprised if the courts didn’t define such residence as where “that person resides in the ordinary course of his or her day to day life” during those months.

In any case, perfectly legal to fillet away from the residence so long as one fillet has tail attached and fillet meets min length reg until being prepped to cook.

Cheers!

Ukee

 

[Prairie Locked]

@ziggy - I don’t disagree with your most recent, I think it’s kind of semantics in a way. For sure, it may be difficult to convince the officer if your DL says something otherwise. Still not beyond possible though, that’s why they use discretion.

@UkeeDreamin - some good points to consider. To me, ordinary residence would seem to be pretty reasonable and what those places could be is vast.

 

[Bret]

I didn't read thru everything, the bottom line is the fish has to be recognizable by a fishery officer, fillet one side complete fillet the other side leaving the tail attached hence a complete recognizable fish, fish cop cant recognize that get a new job and learn the rules
Bret

 

[Bret]

and it's got nothing to do with taking it to your residence

 

[Prairie Locked]

I didn't read thru everything, the bottom line is the fish has to be recognizable by a fishery officer, fillet one side complete fillet the other side leaving the tail attached hence a complete recognizable fish, fish cop cant recognize that get a new job and learn the rules
Bret

As the fish cop is standing there talking to you as you’re about to fillet your catch? I highly doubt he would be stopped by another DFO officer in his walk between the marina and his ordinary residence.

Once at your residence, you can do what you like with it.

You’re also allowed to fillet it into four pieces as well. Each fillet can be cut into two pieces.

 

[mbowers]

As for the canning issue, I had heard that was popular back in the day but I don't know of anyone that does that anymore (in Pacific Playgrounds anyway).

They don't do it because away from home canning was made illegal.

The regs seem to be out of date with max size limits too. As best I can tell, catch a wild fish over slot and it's illegal to possess. But fillet it and happen to cut off the adipose fin during filleting, now the fillets are legal..

Actually I did more reading

"Anglers are required to ensure that proof of the healed scar remains clearly distinguishable after packaging by leaving the portion of the fish that contains the scar on the fillet. The healed scar will identify the fish for enforcement officers as a hatchery fish."

" When packaging your salmon catch, if a maximum size limit applies, the head and tail must remain attached"

So crappy fillet jobs in hatchery fish are legally required but not for wild fish. Wild fish may not be filleted at all if there is a maximum size.

 

[wildmanyeah]

The regs seem to be out of date with max size limits too. As best I can tell, catch a wild fish over slot and it's illegal to possess. But fillet it and happen to cut off the adipose fin during filleting, now the fillets are legal..

Thats why they want you to mark down where you caught your Chinook.

 

[ILHG]

Just claim yourself as a "freeman of the land". They don't belive in address and whatever else. It works for bad tennants & sqwatters. Its ridiculous but real

Here in Calgary a guy moved on to someone's driveway & they couldn't get get rid of him. Tied up in the courts for a while before they final got rid of him.

Or just say you are mettis & all of the nation is your residence.

LOL, I would love to see how that went down.