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[Vancouver_2010]

Appreciate all of the responses.

I think I understand the "seaward land" definition, but it still seems like a far from optimal way of evaluating where the boundary is. I agree with Knn, where that definition does no good in a scenario where the tidal fluctuations occur over significant distances. Try looking at the Nanaimo River on Google Maps as an example.

That being said, the "seaward land" definition was not specifically used by any of the DFO officers, so who knows how this is being evaluated..

Milo, I agree wholeheartedly, though I will say this particular river most certainly has no shortage of returning spawners.

[RalphH]

the definition for a river as terminating at the farthest land ward point at the mouth is the same in non-tidal water. In that way the current push into the lake is governed by the regulations for the lake not those for the river.

Tidal influence can go many miles above where tidal boundaries are designated. Pitt Lake, the Vedder Canal and  Dewdney Slough are local examples.

As I think the definition I provided from the DFO list of fishing term definitions comes out of court cases and that how the courts defined it. It's the usual way to distinguish them in common law. The other definition such the BCR Train Bridge on the Cap' and the CPR bridge at Mission on the Fraser are by statute... they are specified in the Fisheries Act. Otherwise the seaward points of land definition applies.

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I just re-read the 3 responses you said you got and 2 of them essentially said the same thing while the other was a generalized answer I have heard from other COs and FOs which is they are mostly out to ticket the more flagrant offenses so just be reasonably in line with the spirit of the regulation. I don't think you need worry about it given the response you got. Just don't fish above the tidal boundary be a specified landmark like a bridge or the points of land definition.