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Re: Who do you think is in the wrong?

Joined:
2006/9/13 10:18
From LV
Posts: 7609
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The law clearly states that your friend has to have a non- resident license. Otherwise he is poaching, fishing without a license. His resident license has no effect.

Posted on: 2013/5/2 9:33


Re: Who do you think is in the wrong?

Joined:
2010/8/9 16:23
Posts: 3364
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Quote:

timmyt wrote:

Wsender, i think you have a reading comprehension issue man, go read the original case presented by the gent who started this thread, there is a lot of grey area there. That or you just only see what you want and not whats there. Either way i feel bad for you


Really, did you read this. I made it big for you, in case your reading comprehension is sucking today or your blind, or whatever.

[quote]
Only bona fide residents of Pennsylvania are eligible for resident licenses. A bona fide resident of Pennsylvania is a permanent resident of this state who has a fixed intent to return to the Commonwealth when he leaves it and who maintains a permanent place of abode here. For fishing license purposes, a person may not be a bona fide resident of Pennsylvania while claiming residence in another state.
The "permanent home address" measure is a good litmus test for most residency questions. For example: a student from Pittsburgh who attends college eight months a year in Virginia is a considered a resident as long as Pennsylvania remains the student's permanent home address. Conversely, a student whose home is outside the state is not a resident even though they attend a Pennsylvania university.

Positive proof of legal residency, usually a valid PA drivers license, will be required by the issuing agent when purchasing a Resident, Senior Resident or Senior Resident Lifetime fishing license.
[quote]

It's not grey. You can't have a residence license if you're a resident of another state.

Posted on: 2013/5/2 10:09


Re: Who do you think is in the wrong?

Joined:
2012/2/15 16:35
From Butler, Pa
Posts: 570
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Ok, so we now have clear evidence he was in the wrong. Glad we cleared that up like civilized people

Posted on: 2013/5/2 14:30


Re: Who do you think is in the wrong?
Moderator
Joined:
2006/9/9 9:29
From Monessen, PA
Posts: 22235
Online
Far from clear still. Read the language that the Commision approves as alleged by wsender and Tony. They say that residency is proved when the license is issued. If it was issued legally (that is the person was a bona fide resdient when issued), then please show me any law or regulation, or even an official statement that says the license expires upon change of residency.

Even your hyper-fonted language doesn't say that. It says, you can't be a resident of Tennessee when you APPLY for the license as a PA resident.

["Positive proof of legal residency, usually a valid PA drivers license, will be required by the issuing agent when purchasing a Resident, Senior Resident or Senior Resident Lifetime fishing license."]

It simply fails to address the situation where a person is legally licensed for 2013 and then changes his or her status of residency.

I may have missed something when looking into this, which is why I have asked for any one who wants to "take up the Commonwealth case."

So far the counter-argument being offered does not convince me. Still, cheaper to pay the fine. Then, if you feel frisky, write to Arway and tell him you were screwed. If you don't get a refund from him with an apology, then you were screwed.

Posted on: 2013/5/2 20:04
_________________
Peace, Tony


Re: Who do you think is in the wrong?

Joined:
2006/9/14 20:03
Posts: 260
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I don't know if this applies, but from the PFBC FAQ:

In order to legally use a … resident … fishing license, you must be a bona fide resident (…) of Pennsylvania, not just at the time you purchased the license, but also at the time you go fishing in Pennsylvania.

Posted on: 2013/5/2 21:02
_________________
That money talks
I won't deny.
I heard it once.
it said, "Goodbye."
Richard Armour


Re: Who do you think is in the wrong?

Joined:
2006/12/13 9:28
From Other side of the tracks
Posts: 18322
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Quote:

Gone4Day wrote:
I don't know if this applies, but from the PFBC FAQ:

In order to legally use a … resident … fishing license, you must be a bona fide resident (…) of Pennsylvania, not just at the time you purchased the license, but also at the time you go fishing in Pennsylvania.


Now that is interesting. But I doubt an FAQ section would stand up in court unless if favors the defendant. If it were actually written in the regulation, then it would stand.

I'm not a lawyer, but have been involved in enough contracts to know that if there is something ambiguous in a contract, it usually goes against the party that drew it up. The same applies to laws.

So far, I'm still with Jack on this one. It is a beatable offense IMO because it is not black and white. That that is coming from a guy who once beat a ticket for following a marked police car too closely.

What can I say, the prick cut me off.

All that said, I'd probably still just pay the fine. It aint like it is going to increase your insurance cost or something.

But Marvin, I would have done the same exact thing as your buddy, only I would have done a better job of avoiding the man.


Posted on: 2013/5/3 7:26
_________________
There are certain pursuits which, if not wholly poetic and true, do at least suggest a nobler and finer relation to nature than we know. The keeping of bees, for instance." -Henry David Thoreau--


Re: Who do you think is in the wrong?
Moderator
Joined:
2006/9/9 9:29
From Monessen, PA
Posts: 22235
Online
Just to be clear, I am not giving advice that a non-resident is legal to fish with a license issued for the year (or longer) if they were a resident when they purchased it. What I am saying is that the law is not clear, and, in fact, suggests that one is not "eligible" for a non-resident license once they have purchased a resident license. And I draw that from the language of the laws I quoted.

The criminal law is supposed to clearly define legal/illegal and these do not do so in my opinion. And, again, there may be something I am missing.

Posted on: 2013/5/3 7:37
_________________
Peace, Tony


Re: Who do you think is in the wrong?

Joined:
2010/9/1 13:55
From State College PA
Posts: 489
Offline
a six page pissing contest over this ??????

I guess since the flyers are out of the play-offs there is a lot of time on people's hands :)

tie up some sulphur nymphs, the fish are on them like fish crack

Posted on: 2013/5/3 7:51


Re: Who do you think is in the wrong?

Joined:
2009/3/26 20:27
From NW PA
Posts: 7
Offline
We have no Full Time WCO in the area. We have 1 PT Dep. For this watershed.....you can only imagine what goes on up here. We have the USFS in the ANF, but LE is stretched far and wide.

Posted on: 2013/5/3 8:06
_________________
Todd J. Bowersox
Operations Manager
Allegheny River Fly Fishing Co.



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