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[RalphH]

when local politicians look to restrict the right to fish they should also be forced to consider the Provincial "Hunting and Fishing Heritage Act" of 2002 which basically has one meaningful sentence:

Right to hunt and fish

1   A person has the right to hunt and fish in accordance with the law.

https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_02079_01a/search/CIVIX_DOCUMENT_ROOT_STEM:(right%20to%20sport%20fish)%20AND%20CIVIX_DOCUMENT_ANCESTORS:statreg?3#hit1

I'd also point out that the regulation of hunting and fishing are the concerns of the Provincial and Federal Governments (as appropriate)

Local governments are creatures of the Province. They are literally created and can be eliminated at the whim of the Provincial Government. Can their laws contradict the laws of the Province?

Is the denial of that right beyond the power of regional governments?

[dennisK]

This would be an excellent video for Rod to do. With his great reputation he could actually win this for fishermen.

when local politicians look to restrict the right to fish they should also be forced to consider the Provincial "Hunting and Fishing Heritage Act" of 2002 which basically has one meaningful sentence:

Right to hunt and fish

1   A person has the right to hunt and fish in accordance with the law.

https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_02079_01a/search/CIVIX_DOCUMENT_ROOT_STEM:(right%20to%20sport%20fish)%20AND%20CIVIX_DOCUMENT_ANCESTORS:statreg?3#hit1

I'd also point out that the regulation of hunting and fishing are the concerns of the Provincial and Federal Governments (as appropriate)

Local governments are creatures of the Province. They are literally created and can be eliminated at the whim of the Provincial Government. Can their laws contradict the laws of the Province?

Is the denial of that right beyond the power of regional governments?

[jettabambino]

I am sorry but this is just silly.   Why can't you fish at a local park... Its the tax payers right to fish is it not.   Silly... Lets just keep everyone home playing playstation fishing and not get out side.   

[Roderick]

So I sent a detailed email to the DNV, I wont print it here but I did my best approximation of legalese.  I will print the response I got:


(From) Michael MacFarlane <MacFarlaneM@dnv.org>

Good morning Rod, rangers generally only do enforcement at the wharf as I agree the jurisdiction only applies to chattel and the wharf. The team generally warns the public that fishing this time of the year can be hazardous as we have many young kids that swim at our beaches. To date no tickets have been issued. I will speak to the staff regarding giving out the appropriate information
Kind regards, Michael Macfarlane

I think what this means is that it is permitted to fish below the high water mark at Cates Park.  I agree with Mr. MacFarlane that any conflict with swimmers would be very unfortunate.  And of course the dock is still off limits this time of year. 

So... behave well and we get to keep our fishery at Cates.   

[RalphH]

Nicely done! All's well that ends well.

[fic]

So I sent a detailed email to the DNV, I wont print it here but I did my best approximation of legalese.  I will print the response I got:


(From) Michael MacFarlane <MacFarlaneM@dnv.org>

Good morning Rod, rangers generally only do enforcement at the wharf as I agree the jurisdiction only applies to chattel and the wharf. The team generally warns the public that fishing this time of the year can be hazardous as we have many young kids that swim at our beaches. To date no tickets have been issued. I will speak to the staff regarding giving out the appropriate information
Kind regards, Michael Macfarlane



I think what this means is that it is permitted to fish below the high water mark at Cates Park.  I agree with Mr. MacFarlane that any conflict with swimmers would be very unfortunate.  And of course the dock is still off limits this time of year. 

So... behave well and we get to keep our fishery at Cates.   

Great Info. Thanks for talking to the correct person and reaching the clarification.  I would never cast my line with people swimming around. 
I have seen youtube videos of Pier Anglers hooking swimmers and boarders below because there is just too many people in certain areas. 

[clarki]

This..

Good morning Rod, rangers generally only do enforcement at the wharf as I agree the jurisdiction only applies to chattel and the wharf. The team generally warns the public that fishing this time of the year can be hazardous as we have many young kids that swim at our beaches. To date no tickets have been issued. I will speak to the staff regarding giving out the appropriate information

Seems much more reasonable than this…

Yep that fear is exactly what they want Ralph.  Unless that park ranger really is a total dumbass, someone at the DNV has ordered him to go and lie and threaten the public when they know they can't back it up in court.  I guess it's easier and cheaper then applying to the feds to get a waterlot lease for the ocean around the Cates Park wharf.  Hell, they might even make some money by lying. 

And I would be very surprised if fic gets a response from the district in time for the end of pink season.  They will just give out tickets and hope people don't take them to court.  Even if the odd person does win in court, just the threat of having to contest a ticket is enough to close yet another fishery.

[Roderick]

Yes I suppose you're right, it's a bit of a rant. I do get triggered when people refuse to fight an injustice.

But... you do have to ask yourself why the rangers started threatening people with tickets this year when there has never been a problem before and the bylaws haven't changed.  Simple ignorance?  Maybe. But isn't it the responsibility of the rangers to know the bylaws ?  Then the ranger's office replied to fic's email by saying "no fishing in parks."  Hell we were talking about who would go and take the first ticket. All this effectively meant the Cates fishery was shut down because people were in fear of getting a ticket.  Isn't that what the rangers wanted?

Most of the rangers must have been around for awhile and would know that tickets had never been given out before.  Did they just forget? Or maybe some one higher up the food chain at the DNV recently suggested that the rangers discourage fishing at Cates. Maybe.  Either way as the DNV bylaw ticket adjudicator, Mr. MacFarlane has to stick to the letter of the law, and was quite reasonable even if the rangers were not.   

[RalphH]

well the second response you chose, to get a second more reasoned opinion was the best one. Apparently Mr MacFarlane is one of the team leaders of the Park Rangers.

I found an article from the DNV website about the group:

On a sunny day in May, a fast-acting DNV Parks Ranger helped to rescue a man clinging to a boulder in the rushing waters in Lynn Canyon before he was swept over a steep waterfall.

appears they handle a wide variety of challenges & perhaps aren't dumb asses at all.

https://www.dnv.org/dnv-stories/day-life-dnv-parks-ranger

[clarki]

Yes I suppose you're right, it's a bit of a rant. I do get triggered when people refuse to fight an injustice.

But... you do have to ask yourself why the rangers started threatening people with tickets this year

Nothing wrong with a good ol’ fashioned rant, but it’s also important , I suggest, to be factual and not resort to exaggeration or hyperbole. Unless you’ve talked to other anglers, fic didn’t mention threats of tickets.

Good on you, though, for being persistent in going to the appropriate level and getting a response.