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  1. #1
    Join Date
    Sep 2013
    Posts
    11

    Smile Failure to Immediately Fill Out Catch Record Catch Card While Fishing

    My question involves criminal law for the state of: Washington. WAC 220-56-175 (4) Immediately upon catching and possessing a salmon, steelhead, sturgeon or halibut, anglers must enter, in ink, in the appropriate space on the card, the place, date of catch, and species (catch type). For sturgeon, anglers also must record the length of the fish; for halibut, anglers also must record the vessel type; and for salmon, anglers also must indicate whether or not the fish was marked.

    Game Warden came down to the river where a bunch of us guys were fishing and asked us all to see our catch cards. I had a fish in my possession but when he approached I didn't have my catch card filled out. He said he had been watching for awhile before announcing himself. I was given a ticket because he says I didn't immediately record my fish. I feel the law is vague in the word "immediately". I found no clear definition of "immediately". I have a court date coming up to contest it or I can contest, or mitigate it by mail. My goal is to get the charge dropped.

    Would the technicality of the word "immediately" be enough to dismiss the charge? If not other mitigating circumstances I have is clean driving record, criminal record. I could explain to the judge the intent of the law is to maintain an accurate count of fish caught by all fisherman in a season. By requiring a person to fill out this card while his hands are still wet, standing in the rain or fast current is unreasonable to ask someone to fill out something with paper and pen in those circumstances.

    whats my best angle? (no pun intended)

  2. #2

    Default Re: Failure to Immediately Fill Out Catch Record Catch Card While Fishing

    Let me preface this answer by saying that I work for fish and wildlife law enforcement in another state.

    Generally, the requirement to certify or record catches uses the word "immediately" in order to prompt the catcher to record the catch so that should law enforcement pop up, they can identify fish being stored (ie not on the person, either in hand, or attached via a stringer, etc.) to accurately determine whose fish it is and thus allow enforcment of bag limits. If an officer walks up on a cooler full of fish, the only way the officer can know WHOSE fish they are, or at least who is claiming ownership, is via the cards. Otherwise any person with access to the cooler could have put fish in there, right?

    Generally in similar cases here, what the court looks for with "immediately" is this: was the fish in question secured such that the act of "catching" was complete and the fisherman was able to resume fishing activity? If still standing in current, then no, the fish obviously wasn't secured yet - in possession, yes, but not secured, such as in a cooler. If you were carrying the fish in question and were in the process of getting it secured, then the court would likely side with you that the overall process of "catching" the fish wasn't yet complete, and thus you hasn't gotten the fish to the place and situation where you were able to safely put it down, measure, and document it. If the fish was still in your physical control or otherwise on your person, the citation for not having the catch card filled out would seem to be a littly premature on the officer's part. The judge will have to determine if, in the exact circumstances of your fishing activity" you reasonably acting in best faith to record it as soon as practical. Of course the court isn't going to expect that you're reeling in the fish with one hand during a hurricane and filling out the card with the other. But, the court also won't be happy if the fish has been in the trunk for 3 hours and the card isn't filled out yet. There's a lot of gray area in between, and the judge will have to apply "immediate" within what was safe and reasonable for the location, weather, etc of your circumstances. "Immediate" isn't going to have a standardized definition, because it will require a test of what is reasonable, and that's where the judge may agree that your delay in not having the card filled out at the exact moment the officer requested the card, was reasonable. It'll depend on your description of the other surrounding circumstances.

  3. #3
    Join Date
    Sep 2013
    Posts
    11

    Default Re: Failure to Immediately Fill Out Catch Record Catch Card While Fishing

    Catherine thanks for replying. After reading your post I now understand the intent of the law and a perspective from a prosecution side. I would like some advice from a defensive side. I just got the officer's statement in the mail. It doesn't mention the conditions (weather, other fisherman in the vicinity). I found the definition of "immediately" in the blacks law dictionary 1st edition. "its impossible to lay down a hard and fast rule on the meaning of the word" "without any delay" "prompt" " "whether there has been such action is a question of fact having regard to the circumstances of the particular case". Those are synonyms and a subjective statement. Not really a good definition in my opinion. I want to wrap my case around this.

    My plan is to go into court and motion to dismiss because of lack of evidence. My rationale would be reference Blacks law definition. "circumstances of the particular case". In the officers statement he doesn't mention weather conditions or other fisherman standing all around me casting hooks. How can the judge apply what is safe and reasonable for the location and weather if the officer didn't mention it.

    Sound like a good defense?

  4. #4
    Join Date
    Sep 2013
    Posts
    11

    Default Re: Failure to Immediately Fill Out Catch Record Catch Card While Fishing

    Thought I would give an update. I just got back from court and defended myself using the above strategy. The motion to suppress the officers statement was denied. Had I not incriminated myself in the officers statement, the judge probably would have dismissed it. I told the officer "30 minutes ago" which the judge felt was not in the parameters of "immediately". He reduced the charge. I had fun though learning about the process.

    CASE CLOSED!

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