There appears to be a technicality with some statements referred that no longer exist.
There is now a difference between fish being SENT to a processor and fish AT the processor. Personally, if “I” were on a week fishing trip, “I” would not be exceeding any two day catch limits as “I” believe that would be a clear violation with the “intent of law”.
I have NEVER, over all the years ever come close to retaining the annual possession limit Chinook; however, sending fish to a licensed processor is exactly how many “foreigners” spend their month in BC and fish every day of that month. You may want to start warning them of “NEW” DFO regulations, or you will find those “dollars to tourism” will start to dry. It appears “they” are walking a very fine line regarding the “law” and “intent of law”? You just might find some of them may start receiving violations if they are using a processor to subvert Canadian law. That my friend very well could equal losing not only the fish, but also any associated gear, including tow vehicle and boat. My advice – read the regs closely and be careful on that one, as they did remov "at legal processor" from the regs.
The example of “…the legal technicalities could go either way. I am not saying to head out in the a.m get your limit, drop them off for processing then head out that night, drop off for processing .....day in day out for weeks. That IMHO is direct violation of the “intent of law” and should and will be found illegal!
Not really wanting to give any legal advice here; however, one might really want to check on the legalities of some statements and understand DFO really does write regulations and will enforce them under the “intent of law”!
Canadian law USED to state “at a licensed fish process, or ordinary residence. That was a very large “loop whole” and it was being abused and not just by us yanks. I believe one will now find Canada clearly states, “if you send your fish to a licensed fish processor, it is and will be considered part of the possession limit.” It appears to me, DFO is trying to close a “loop whole” in the regulations by now clearly stating fish you “send” a processor fish it is part of possession, while leaving the time spent “AT” the processor an issue open to “intent of law”? IMHO Rollie would be fine as he is trying to stay within “the intent”, while if Charlie comes up to Canada for a week and tries to use “AT” a processor with a week’s worth of daily catch at the processor is now going to find himself in violation of the “intent of law”.
It is illegal to:
• possess more than your daily and/or possession limit (see glossary page 91/92).
http://www.pac.dfo-mpo.gc.ca/fm-gp/rec/SFG-GPS/SFGtidal-GPSmaree-2012-eng.pdf
Packaging and Transporting Your Catch under
Canning outside a person’s ordinary residence of all sportcaught fish is NOT allowed in B.C. (See page 92 for glossary definition of
ordinary residence) which now states:
“Fish caught by an angler that is being
prepared, cooked, or is partially consumed away from the angler’s ordinary residence is considered as part of the fisher’s possession limit. “
If you send your fish to a licensed fish processor it is still considered to count towards your possession limit.”
The last sentence NOW clearly states if you "SEND" so if you drop-off your catch at a pick-up point to be delivered to a legal processor - those fish are considered in possession until they arrive at the processor.
http://www.pac.dfo-mpo.gc.ca/fm-gp/rec/SFG-GPS/SFGtidal-GPSmaree-2012-eng.pdf
Limits
• The aggregate daily limit (total daily limit) for all species of Pacific salmon from tidal and non-tidal waters combined is four.
• The possession limit for all salmon from all waters is twice the daily limit for that individual species. No person may have in their possession more than eight salmon in aggregate, except at a place of ordinary residence.
• The coast-wide daily limit for chinook is two. The total chinook annual limit is 30 from any tidal waters, of which at most:
– 10 may be caught in the tidal waters of the Fraser River;
– 15 may be caught in the waters of Areas 12 to 18, 28 and 29 and that portion of Area 19 north of Cadboro Point;
– 20 may be caught in portions of Area 20 (20-5 to 20-7) and that portion of Area 19 (19-1 to 19-4) south of Cadboro Point.
Glossary
ORDINARY RESIDENCE – a residential dwelling where a person normally lives, with all associated connotations including a permanent mailing address, telephone number, furnishings and storage of automobile; the address on one’s driver’s licence and automobile registration, where one is registered to vote. A motor home or vessel at a campsite or marina is not considered to be an ordinary residence.
POSSESSION LIMIT – the number of fish of any species that an angler may have in his/her possession at any given time, except at place of ordinary residence. In most instances, the (2 day) possession limit is two times the daily limit for that species, however there are exceptions. The possession limit for chinook salmon from all waters (tidal and non-tidal) is four. The possession limit for other salmon from all waters is twice the daily limit for that individual species. No person may have in their possession more than eight salmon in aggregate, except at a place of ordinary residence. Check the limits and management measures tables for specific limits by species.
http://www.pac.dfo-mpo.gc.ca/fm-gp/rec/SFG-GPS/SFGtidal-GPSmaree-2012-eng.pdf