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Thread: Easily broken rules/regs

  1. #111
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    Quote Originally Posted by redd foxx View Post
    Up in Parry Sound there is also a catch and release season for lake trout. The season there is open from Jan 1 to September 30 in the Big Sound. From Jan 1 - Feb 7 it is catch and release only. From Feb 8 - Mar 31...catch and keep 1 fish 24" or less. Apr 1 - June 23 .... catch and release. June 24 - Aug 31...catch and keep 1 fish 24" or less. Sept 1 - Sept 30...catch and release. Oct 1 to Dec 31....closed. When we catch a big one during the open season, we keep it out long enough for a photo then let it go. I'd fight that one in court!!
    Curious what your defensive be to the requirement of immediate release?

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  3. #112
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    Quote Originally Posted by finsfurfeathers View Post
    Curious what your defensive be to the requirement of immediate release?
    Cant say I have ever heard of a charge being laid for taking a quick pic then releasing a fish. The regs do say immediately, but they also say immediately when tagging an animal. We all know that's an impossibility when party hunting and the shooter is not the tag holder !

  4. #113
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    Quote Originally Posted by rick_iles View Post
    Cant say I have ever heard of a charge being laid for taking a quick pic then releasing a fish. The regs do say immediately, but they also say immediately when tagging an animal. We all know that's an impossibility when party hunting and the shooter is not the tag holder !
    I agree never heard of a charged laid however why than bold it in red this year? Sure wouldn't want to be the first if they are about to make a statement.

  5. #114
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    It doesn't matter what colour and typeface they use in the regulations summary.

    "Immediately" is not defined. The dictionary definition is unhelpful, because it simply means "without delay," and as Rick pointed out this obviously does not always apply. So it's a question of (a) what is the intent of the law and (b) what would a reasonable person say is immediate.

    The intent of the law is to deny defences like, "Yes, the fish were in my livewell, but I was gonna release them when I got back to the dock, honest," or "No, I didn't tag that buck, but I was gonna do it just as soon as I got it back to my place, honest." If we don't require that something is done "immediately," we leave a big wide loophole.

    Would a reasonable person say you can't take a picture of a fish where the rule is catch and release? No. Because every single angler fishing catch and release is carrying a camera, and not every single one of them can fail the test of reasonability. This is not the same as taking photos of fish caught out of season, as in that case taking photos provides a motive to target the out-of-season species. We are talking about catching a legitimate, in-season fish, which you are permitted to target, and then taking a quick picture of your catch.

    I'd be confident of winning this one, if I were charged.
    "The language of dogs and birds teaches you your own language."
    -- Jim Harrison (1937 - 2016)

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