Fishing forum > Barbed Hooks are Illegal?- why didn't I know this!

Author Topic: Barbed Hooks are Illegal?- why didn't I know this!
unfortunate_son

Hey guys,
I recently got fined $150 for fishing on the Alouette River with a barbed hook. I had no idea that this was illegal... This was my first time fishing a river, normally I spend my time floating around local lakes, where apparently its not illegal. I have done a bit of research, and I think a lot of people dont know that this is prohibited. Also, I have actually looked at the Federal and Provincial legislation, it states that the use of barbed hooks is only illegal on Dec.31 from 11pm to midnight. Anyway, I plan on fighting this due to the confusion that most amature fisherman have to these rule and reg's. I'm just looking for this communities thoughts? Has anyone ever delt with something like this before?
unfortunate_son

Here is the law, as per the Department of Justice...
I was charged under sec. 63 of the Fisheries Act:


Method, Gear and Bait Restrictions

63. No person shall fish for any species of fish by a method or with a type of gear or bait set out in column I of an item of the table to this section, in a lake or stream, during the close time set out in column II of that item.


CLOSE TIMES FOR FISHING BY METHOD, GEAR AND BAIT
METHOD
Offence-Date and Time of Prohibition:
1. Fly fishing- From 23:00 hrs to 24:00 hrs on Dec. 31
2. Angling other than fly fishing- From 23:00 hrs to 24:00 hrs on Dec. 31
3. Spear fishing- Jan. 1 to Dec. 31
4. Set line- Jan. 1 to Dec. 31

GEAR
5. A hook having more than one point- From 23:00 hrs to 24:00 hrs on Dec. 31
6. Barbed hook- From 23:00 hrs to 24:00 hrs on Dec. 31
7. A hook having a single point greater than 15 mm from point to shank- From 23:00 hrs to 24:00 hrs on Dec. 31
BAIT
8. Natural bait- From 23:00 hrs to 24:00 hrs on Dec. 31
9. Dead fin fish other than roe- Jan. 1 to Dec. 31
10. Live fin fish other than roe- Jan. 1 to Dec. 31
11. A hook or an artificial lure- From 23:00 hrs to 24:00 hrs on Dec. 31



Thanks for any of your thoughts... good or bad.
Let me say, due to what Ive been through, all my barbs will be pinched from here on in... besides... its more sporting
kelso

Goes to show you ALWAYS READ YOUR REGS! sorry about your luck.
pajeff

All you fishing folk, and most of you do, should read and be familiar with this.

http://www.env.gov.bc.ca/fw/fish/regulations/docs/0911/fish-synopsis_2009-11_general.pdf

Page 9 for Provincial Regs.
canforestguy

It says you cant use barbed hooks in plain language in the front page of each region in the BC regs booklet.

On page 23 (the lower mainland section) it says "Single Barbless Hook: must be used in all streams of Region 2, all year. See definition of 'streams' on page 96."

On Page 96 is says "streams...flowing waters(rivers, sloughs and creeks)"

I really don't see you have a leg to stand on if you fight it. We all make silly mistakes from time to time, just pay it and be happy they didn't take you vehicle instead.
fetoid

Dude:
I just moved here last summer and enjoyed my first year of Salmon fishing and now my first year of steelhead fishing. Before buying my fishing license I got a reg. book and saw clearly that barbed hooks were not allowed. It's your responsibility to know the rules of where you fish.
fisher 696

Ignorance is no excuse...... It is widely known and well stated that there is virtually no use of barbed hooks in BC.....
kelso

when in doubt pinch all barbs
unfortunate_son

really? you think $150 is a suitable punishment for this offence? come on!
What I am trying to point here is that there is a discrepancy between regulation and legislated law. These regualtions can say what ever they want, but if they are not backed in law then they hold no leagal clout.
kelso

First page of region 2 page 23 of the reg book "SINGLE BARBLESS HOOK:must be used in all streams of region 2,all year.see definitoin of angle and streams on page 96.read that book front to back my friend it pays off in the long run.
kelso

maybe you should go over the forum rules bentley c'mon man you're better than this crap. people do make mistakes believe it or not and if it is politics and soap box preaching you are looking for, fishing with rod is that way ------------------>
Bert88

gotta say bently's vent was warrented... getting busted then trying to fight it is bull indeed. a 150$ fine isn't much in my mind anyway, i would forgo the fine and confiscate the the gear, better lessoned learned in my opinion.

guilty as charged...
unfortunate_son

Bently,
I understand that your a passionate person, and obvously an avid fisherman who cares about the status of our lakes and rivers. You obvioulsy lack any tact, or understanding of the legal system. But i do appreciate your passion... next time you get a speeding ticket, I want you to think back to the moment you read this, and if you feel any bit of injustice, i want you to follow your own advice... " Your no different than anybody else, pay up and quit the BULL !!!"
unfortunate_son

LOL! Fair enough...
kelso

I like fishing too. lol
ChakaRaka

Well that makes 3 of us so far that actually like fishing and not just arguing about it or antiquities... :-P
Edzzed

whatever happened to innocent until proven guilty. With any ticket, you have the option to dispute it. Keep in mind the judge can up the fine. A judge can also dismiss the case if the officer doesn't appear in court or by video link. Keep in mind it is also your responsibility to know the rules as they pertain to your situations. Be it fishing, driving or whatever.

Fishing forum > Barbed Hooks are Illegal?- why didn't I know this!


 





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