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Who do you think is in the wrong?

Joined:
2012/2/15 16:35
From Butler, Pa
Posts: 570
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I was fishing with my friend at a DALO this weekend, he is up for a week from NC. He moved to there earlier this year, well he still has his residential license purchased earlier this year, but his plate on his car was registered in NC. Well in a downpour of course the fish commission pulls in and BS's with us making small talk he then asks whose Jeep that is. He says mine. Fish cop says come on over he explains what was his story, and the fish cop says "your fishing with an invalid license!" well after threatening to take him to jail and to take his vehicle and gear they somehow end up talking about fishing in NC and how PA used to receive their fish from there, my buddy thought he was gonna get let go with a warning. Nope no dice. So out of all the poaching I see on this local stream don't they have something better to do than to dig for this out of someone who did this? I mean he gave them 38$ now he has to give them the fine and buy a tourist license the rest of the week to fish. I just find that completely ignorant and very unfortunate that that is how a good day turned out.

Posted on: 2013/4/29 12:41


Re: Who do you think is in the wrong?

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2010/8/9 16:23
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Your friend.

You can only reside in one place at a time. I'm assuming that since your friend has NC plates he also has his license in NC, which means he forfeited his PA license. Taken from the PFBC site:

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.


Sucks for your friend, but he broke the law; ignorance is no excuse. A simple visit to the PFBC's website could have avoided this. I cough up out-of-state license fee annually, you'll get no sympathy from me.

Posted on: 2013/4/29 12:53


Re: Who do you think is in the wrong?

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2006/10/18 20:22
From NC PA Mountains
Posts: 1098
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tough one but he lives in NC.

Posted on: 2013/4/29 12:58
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Re: Who do you think is in the wrong?

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2008/1/31 17:19
From Pretty much everywhere at some point, Thorndale today.
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It's probable that your friend was in the wrong. It appears to be the case.

However, I too would have taken that wording that wsender gave to mean "at the time of purchase". i.e. the friend was a bona fide PA resident when he bought his license. i.e. the license was bought legally and says it's good to fish in PA waters until XX date, which I'd take at it's word. After moving out of state, and changing his permanent residence, he would have to purchase a non-resident license the NEXT TIME he renews, but not until then.

So I guess my view is wrong, and that's a lesson learned for me, should I or any of my friends ever be in this position. Thanks for posting.

Posted on: 2013/4/29 13:01


Re: Who do you think is in the wrong?

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2010/5/1 9:10
From NE OH
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Frustrating and unfortunate, but it's pretty cut & dry about whom is wrong. Hopefully he continues to enjoy his week. It's a live and learn thing.

Posted on: 2013/4/29 13:02
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Re: Who do you think is in the wrong?

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Quote:

pcray1231 wrote:
It's probable that your friend was in the wrong. It appears to be the case.

However, I too would have taken that wording that wsender gave to mean "at the time of purchase". i.e. the friend was a bona fide PA resident when he bought his license. i.e. the license was bought legally and says it's good to fish in PA waters until XX date, which I'd take at it's word. After moving out of state, and changing his permanent residence, he would have to purchase a non-resident license the NEXT TIME he renews, but not until then.

So I guess my view is wrong, and that's a lesson learned for me, should I or any of my friends ever be in this position. Thanks for posting.


Given what is posted on the site it would seem that a resident license is valid until it expires, it's taken away from you (legal reasons), or until you're no longer a resident.

Posted on: 2013/4/29 13:17


Re: Who do you think is in the wrong?

Joined:
2011/5/26 10:12
From Dauphin PA
Posts: 2766
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Lives in NC so a non-resident license is required. Very simple

Posted on: 2013/4/29 13:30
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Re: Who do you think is in the wrong?

Joined:
2008/5/5 11:06
From King Of Prussia, Pa
Posts: 1195
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Quote:

StarvinMarvin wrote:
So out of all the poaching I see on this local stream don't they have something better to do than to dig for this out of someone who did this? .


I've got news for you buddy, your licenseless friend is THE POACHER!!!

Posted on: 2013/4/29 14:14


Re: Who do you think is in the wrong?

Joined:
2012/2/15 16:35
From Butler, Pa
Posts: 570
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not that simple as it was purchased for a year as a resident

Posted on: 2013/4/29 14:16


Re: Who do you think is in the wrong?

Joined:
2012/2/15 16:35
From Butler, Pa
Posts: 570
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ya harvesting a fish illegally is poaching, fishing with an invalid license is fishing without an invalid license pal and I aint your buddy im upset that this is how the WCO's get their money, not by getting guys breaking the laws with intent. that's what gets me

Posted on: 2013/4/29 14:17


Re: Who do you think is in the wrong?

Joined:
2011/7/6 12:30
From Ephrata, PA
Posts: 6444
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Whoa. Simma dawn nah.

Posted on: 2013/4/29 14:19


Re: Who do you think is in the wrong?
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Joined:
2006/9/9 9:29
From Monessen, PA
Posts: 22348
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Hmmmm, not worth fighting under the circumstances, but seems the license purchased as a resident should be good until it says it isn't. Don't have time to research the law, but if what is posted is all there is, I think there is a reasonable defense available. Not ignorance of the law-- rather, a poorly drafted law and the principle that penal laws must be strictly construed.

Solution:

"A duly licensed angler who changes his residence during the licensing year must purchase a non-resiodent license to fish after the change of residence is effective, but shall be entitled to credit toward the cost of his or her non-resident license for all money paid to acquire the resident license for the same year...."

Posted on: 2013/4/29 14:22
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Re: Who do you think is in the wrong?

Joined:
2008/6/14 23:22
From Central, PA
Posts: 758
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I have not seen a wco in the last 25 years on a stream

Posted on: 2013/4/29 16:26


Re: Who do you think is in the wrong?

Joined:
2006/10/18 20:22
From NC PA Mountains
Posts: 1098
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Quote:

Hook_Jaw wrote:
I have not seen a wco in the last 25 years on a stream



so, what's it have do with this?

Posted on: 2013/4/29 17:16
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Re: Who do you think is in the wrong?

Joined:
2006/10/18 20:22
From NC PA Mountains
Posts: 1098
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what was the total cost of the fine?

Posted on: 2013/4/29 17:18
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