01-01-2010, 12:50 AM
[font "Times New Roman"]I have answers for some questions from a previous thread. [/font]
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[url "http://www.bigfishtackle.com/cgi-bin/gforum/gforum.cgi?post=549191;forum_view=forum_view_collapsed;page=unread#unread"][font "Times New Roman"][#800080]http://www.bigfishtackle.com/cgi-bin/gforum/gforum.cgi?post=549191;forum_view=forum_view_collapsed;page=unread#unread[/#800080][/font][/url]
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[font "Times New Roman"]Here was the letter I sent to Gary Hompland from the Region 4 office. If anyone wants to talk to him his number is 208-324-4359 [/font]
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Gary I am on a web page for fishing. A couple of things came up and the people there wanted clarification on them. There are some very good questions about the rules and we really need some clarification on them I will post below the main questions. If you want to add anything to the forum I will give you the info.
The web address for the thread is
[url "http://www.bigfishtackle.com/cgi-bin/gforum/gforum.cgi?do=post_view_flat;post=549191;page=1"][#800080]http://www.bigfishtackle.com/cgi-bin/gforum/gforum.cgi?do=post_view_flat;post=549191;page=1[/#800080][/url]
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#1 if a person catches their daily bag limit of 6 trout. Can that person continue to fish for trout?
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#2 Can that person continue to fish for a different species?
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#3 the rules say
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(POSSESSION LIMIT: Maximum number of fish that may be lawfully in possession of any person. “Possession limit” shall apply to fish while in the field or being transported to the final place of consumption or storage. )
Here is the question.
If the daily bag limit for lets say Magic Res is 6 trout your bag and Possession limit is 6 trout total that you can have on you, or in your vehicle even if you have been fishing for 2 or 10 days am I right?
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#4 The next Question is about where does the Possession limit end.
If you go out fishing and you catch 6 trout. You take them home and can them or freeze them can you go fishing the next day and bring home another 6 fish limit and put them in your freezer or can them? How many daily bag limits can you have in your freezer or canned?
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#5 Does the Idaho Fish and Game need a search warrant to go from your front door to possible places in your home that could store fish. to check for illegal fish?
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#6 Is this sentence true or false?
Idaho Fish and Game does not need a search warrant to go from your front door to possible places that could store fish. You wave that right when you buy a fishing license .
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Thanks Gary we just need some info on the rules. Ron
Gary answered some of the questions and then he emailed Boise for clarification on the others.
Ron, the answers to questions 1 & 2 are yes. Unless specifically prohibited you can continue to fish. Henry’s Lake is one place where continuing to fish once your limit is attained is prohibited. You could also fish for other species.
Q3. I’m trying to find out if the rules for possession limits has changed. The wording in the brochure has changed but I don’t know if the intent was to allow possession of more than a possession limit in camps. Possession limits used to only apply while in transit, with the exception of waterfowl rules (due to federal rules about waterfowl possession rules). Once your fish possession limit is transported to your permanent residence, possession rules used to cease. Possession could also be reduced by giving fish away via a proxy statement, eating them, or sending them to your residence or another person by common carrier (UPS, US mail, bus, etc).
Q5 & 6. A person’s residence has several protections against abusive use of legal power as spelled out in the 4th Amendment of the U.S. Constitution (Against unreasonable searches and seizures). Anytime a law enfor officer wants to search for contraband or evidence of a crime at a residence they can either ask the resident for consent to search or seek a search warrant. A search warrant is a court order obtained through development of probable cause (information and evidence) presented before a magistrate. If the probable cause meets legal standards the magistrate will issue a search warrant ordering officers to search of constitutionally protected areas and seizure of evidence and contraband so the state’s case for prosecution can be continued. The requirements for probable cause extend to what is call the “curtilage.” The curtilage is essentially the main areas of a persons living quarters such as the house, garage, sheds, etc but would not include surrounding fields, streams, etc.
Idaho Code relaxes slightly the legal standard for conservation officers to search items like campers, tents, trailers, boats, storage facilities, etc that are subject to alteration, movement, or easy disposal and destruction of evidence or contraband. Idaho law has modified this aspect of searching for contraband and evidence in these easily moveable or disposable situations because of what is called “exigent circumstances.” The legal standard of probable cause is still required for the warrant-less search but the process to secure a search warrant is waved.
SO: The answer to searching for unlawful evidence at a residence; we have to present evidence before a magistrate to obtain a search warrant before we can enter constitutionally protected areas such as a residence. However; we are regularly given consent to search by subjects; especially if they are aware we have probable cause and could obtain a search warrant. Within a camp, boat, etc if we have probable cause that a violation has occurred and the evidence of the violation is in a camper we can go after it without a warrant.
Most prosecutors would prefer we secure a search warrant in all cases however, they also understand time is often of the essence and to prevent destruction of evidence we sometimes search areas not constitutionally protected without warrant when we have probable cause.
As I find out more on possession limits I’ll let you know.
Thanks g
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[font "Times New Roman"]Here is the second letter from him on the rest of the questions.[/font]
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Ron, the possession limit definition has not been changed. The fish possession limits apply while in the field or during transportation to the final place of consumption or storage. The fish possession limits apply to anglers while away from their permanent residence or domicile.
There are several ways to reduce the number of fish in possession while away from your residence: eat some, give some away through the use of a proxy statement, send some home with another person through the use of a proxy statement, or send them home by commercial carrier.
The bottom line- fish possession limits apply to multi-day campers, but do not apply at a permanent residence.
Thanks g
[font "Times New Roman"] _________________________________________________[/font]
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[font "Times New Roman"]here are the answers to the questions. Ron[/font]
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[url "http://www.bigfishtackle.com/cgi-bin/gforum/gforum.cgi?post=549191;forum_view=forum_view_collapsed;page=unread#unread"][font "Times New Roman"][#800080]http://www.bigfishtackle.com/cgi-bin/gforum/gforum.cgi?post=549191;forum_view=forum_view_collapsed;page=unread#unread[/#800080][/font][/url]
[font "Times New Roman"] [/font]
[font "Times New Roman"]Here was the letter I sent to Gary Hompland from the Region 4 office. If anyone wants to talk to him his number is 208-324-4359 [/font]
[font "Times New Roman"] [/font]
[font "Times New Roman"] [/font]
Gary I am on a web page for fishing. A couple of things came up and the people there wanted clarification on them. There are some very good questions about the rules and we really need some clarification on them I will post below the main questions. If you want to add anything to the forum I will give you the info.
The web address for the thread is
[url "http://www.bigfishtackle.com/cgi-bin/gforum/gforum.cgi?do=post_view_flat;post=549191;page=1"][#800080]http://www.bigfishtackle.com/cgi-bin/gforum/gforum.cgi?do=post_view_flat;post=549191;page=1[/#800080][/url]
[font "Times New Roman"] [/font]
#1 if a person catches their daily bag limit of 6 trout. Can that person continue to fish for trout?
[font "Times New Roman"] [/font]
#2 Can that person continue to fish for a different species?
[font "Times New Roman"] [/font]
#3 the rules say
[font "Times New Roman"] [/font]
(POSSESSION LIMIT: Maximum number of fish that may be lawfully in possession of any person. “Possession limit” shall apply to fish while in the field or being transported to the final place of consumption or storage. )
Here is the question.
If the daily bag limit for lets say Magic Res is 6 trout your bag and Possession limit is 6 trout total that you can have on you, or in your vehicle even if you have been fishing for 2 or 10 days am I right?
[font "Times New Roman"] [/font]
#4 The next Question is about where does the Possession limit end.
If you go out fishing and you catch 6 trout. You take them home and can them or freeze them can you go fishing the next day and bring home another 6 fish limit and put them in your freezer or can them? How many daily bag limits can you have in your freezer or canned?
[font "Times New Roman"] [/font]
#5 Does the Idaho Fish and Game need a search warrant to go from your front door to possible places in your home that could store fish. to check for illegal fish?
[font "Times New Roman"] [/font]
#6 Is this sentence true or false?
Idaho Fish and Game does not need a search warrant to go from your front door to possible places that could store fish. You wave that right when you buy a fishing license .
[font "Times New Roman"] [/font]
Thanks Gary we just need some info on the rules. Ron
Gary answered some of the questions and then he emailed Boise for clarification on the others.
Ron, the answers to questions 1 & 2 are yes. Unless specifically prohibited you can continue to fish. Henry’s Lake is one place where continuing to fish once your limit is attained is prohibited. You could also fish for other species.
Q3. I’m trying to find out if the rules for possession limits has changed. The wording in the brochure has changed but I don’t know if the intent was to allow possession of more than a possession limit in camps. Possession limits used to only apply while in transit, with the exception of waterfowl rules (due to federal rules about waterfowl possession rules). Once your fish possession limit is transported to your permanent residence, possession rules used to cease. Possession could also be reduced by giving fish away via a proxy statement, eating them, or sending them to your residence or another person by common carrier (UPS, US mail, bus, etc).
Q5 & 6. A person’s residence has several protections against abusive use of legal power as spelled out in the 4th Amendment of the U.S. Constitution (Against unreasonable searches and seizures). Anytime a law enfor officer wants to search for contraband or evidence of a crime at a residence they can either ask the resident for consent to search or seek a search warrant. A search warrant is a court order obtained through development of probable cause (information and evidence) presented before a magistrate. If the probable cause meets legal standards the magistrate will issue a search warrant ordering officers to search of constitutionally protected areas and seizure of evidence and contraband so the state’s case for prosecution can be continued. The requirements for probable cause extend to what is call the “curtilage.” The curtilage is essentially the main areas of a persons living quarters such as the house, garage, sheds, etc but would not include surrounding fields, streams, etc.
Idaho Code relaxes slightly the legal standard for conservation officers to search items like campers, tents, trailers, boats, storage facilities, etc that are subject to alteration, movement, or easy disposal and destruction of evidence or contraband. Idaho law has modified this aspect of searching for contraband and evidence in these easily moveable or disposable situations because of what is called “exigent circumstances.” The legal standard of probable cause is still required for the warrant-less search but the process to secure a search warrant is waved.
SO: The answer to searching for unlawful evidence at a residence; we have to present evidence before a magistrate to obtain a search warrant before we can enter constitutionally protected areas such as a residence. However; we are regularly given consent to search by subjects; especially if they are aware we have probable cause and could obtain a search warrant. Within a camp, boat, etc if we have probable cause that a violation has occurred and the evidence of the violation is in a camper we can go after it without a warrant.
Most prosecutors would prefer we secure a search warrant in all cases however, they also understand time is often of the essence and to prevent destruction of evidence we sometimes search areas not constitutionally protected without warrant when we have probable cause.
As I find out more on possession limits I’ll let you know.
Thanks g
[font "Times New Roman"] [/font]
[font "Times New Roman"]Here is the second letter from him on the rest of the questions.[/font]
[font "Times New Roman"][/font]
Ron, the possession limit definition has not been changed. The fish possession limits apply while in the field or during transportation to the final place of consumption or storage. The fish possession limits apply to anglers while away from their permanent residence or domicile.
There are several ways to reduce the number of fish in possession while away from your residence: eat some, give some away through the use of a proxy statement, send some home with another person through the use of a proxy statement, or send them home by commercial carrier.
The bottom line- fish possession limits apply to multi-day campers, but do not apply at a permanent residence.
Thanks g
[font "Times New Roman"] _________________________________________________[/font]
[font "Times New Roman"][/font]
[font "Times New Roman"]here are the answers to the questions. Ron[/font]
[font "Times New Roman"] [/font]
[font "Times New Roman"] [/font]
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