Fishing with Rod Discussion Forum

Please login or register.

Login with username, password and session length
Advanced search  

Author Topic: Cates Park by-law  (Read 5996 times)

fic

  • Old Timer
  • *****
  • Offline Offline
  • Posts: 855
Cates Park by-law
« on: August 12, 2023, 01:25:23 PM »

So today I stopped by Cates Park on my way home with a fishing rod and waders on.  A City of North Vancouver Park Ranger in uniform and driving a City truck told me you can only fish from a boat at Cates Park.  You're not allowed to fish on the shore nor the dock.   Is there such a by-law?  I am trying to google it, but I can't seem to find it.
Logged

clarki

  • Old Timer
  • *****
  • Online Online
  • Posts: 1992
Re: Cates Park by-law
« Reply #1 on: August 12, 2023, 01:36:45 PM »

Logged

Roderick

  • Sr. Member
  • ****
  • Offline Offline
  • Posts: 203
Re: Cates Park by-law
« Reply #2 on: August 12, 2023, 02:24:06 PM »

It used to be just the dock.  Maybe that has changed I don't know.
Logged
You shoulda been here yesterday.

fic

  • Old Timer
  • *****
  • Offline Offline
  • Posts: 855
Re: Cates Park by-law
« Reply #3 on: August 12, 2023, 02:31:36 PM »

This?
https://www.flickr.com/photos/d70w7/33569566413

This to me means no fishing from the Dock. Weird that you can't stand in the water cast your line. City of  North Vancouver has jurisdiction over land covered by tide water?
Logged

Phronesis

  • Sr. Member
  • ****
  • Offline Offline
  • Posts: 236
Re: Cates Park by-law
« Reply #4 on: August 12, 2023, 02:50:34 PM »

This to me means no fishing from the Dock. Weird that you can't stand in the water cast your line. City of  North Vancouver has jurisdiction over land covered by tide water?

There was some ambiguity around ambleside fishing as well and it was addressed on pacific angler's video - https://youtu.be/04yXJxMFDsA?t=525

Matt mentions that the tidal water portion is DFO and not the city, although there are some exceptions............I really do wish it was not complicated for people to enjoy outdoors......
Logged

clarki

  • Old Timer
  • *****
  • Online Online
  • Posts: 1992
Re: Cates Park by-law
« Reply #5 on: August 12, 2023, 03:24:26 PM »

This to me means no fishing from the Dock. Weird that you can't stand in the water cast your line. City of  North Vancouver has jurisdiction over land covered by tide water?
Good point. I once called the City of Surrey to report a mattress that was on the beach in a city park, and they said that the beach was provincial crown land, not city land.
Logged

Roderick

  • Sr. Member
  • ****
  • Offline Offline
  • Posts: 203
Re: Cates Park by-law
« Reply #6 on: August 12, 2023, 04:01:56 PM »

Looking at the picture of the sign, those signs usually have the bylaw number printed on them, and this sign does not. 

The District of North Vancouver has the "Park Regulation Bylaw" #8310 section 2.8 (e) "fish for, harvest or otherwise capture shellfish in a Park, except in areas designated by Posted Signs and in accordance with all applicable laws and regulations" which would apply to crabs but not fin fish and only above the high tide mark.

There is also the "Wharf and Anchor Regulation" ( https://www.dnv.org/bylaws/wharf-and-anchor-regulation ) bylaw #8450 section 4 (d) which states "No person shall engage in any fishing or crabbing at or from any wharf or in any waterlot area, except that such activities may be undertaken in designated areas at Cates Park Wharf from October 17 to April 15 in any year in accordance with posted notices."  The only waterlot area listed in Schedule B at the bottom of the bylaw is Deep Cove. 

Which means there is no bylaw against fishing off the beach at Cates Park. 

You would think the park rangers would know the law...
« Last Edit: August 12, 2023, 04:19:11 PM by Roderick »
Logged
You shoulda been here yesterday.

fic

  • Old Timer
  • *****
  • Offline Offline
  • Posts: 855
Re: Cates Park by-law
« Reply #7 on: August 12, 2023, 05:31:11 PM »

I sent an email to the District of North Vancouver about this issue.  I will post their response.
Logged

Fish Assassin

  • Old Timer
  • *****
  • Offline Offline
  • Posts: 10815
Re: Cates Park by-law
« Reply #8 on: August 12, 2023, 10:44:43 PM »

Any land below the high water mark is considered as public land. The picture with the sign would suggest to me they are referring to the dock only.
Logged

Roderick

  • Sr. Member
  • ****
  • Offline Offline
  • Posts: 203
Re: Cates Park by-law
« Reply #9 on: August 13, 2023, 05:57:44 PM »

I just learned what a waterlot is.  It's "A legally defined area of land covered by water which may be either contiguous or attached to dry land, or may be separated entirely from dry land; may be filled, partially filled, or not filled; or a piece of land normally covered with water at high tide."

For example the whole of Deep Cove is a waterlot administered (not owned) by the District of North Vancouver.  The DNV can make bylaws covering the waterlot.  The bylaw listed above says no fishing or crabbing in waterlots and therefore there is no fishing or crabbing allowed in Deep Cove by boat or from shore. 

The ocean at Cates Park is not listed in the bylaw as a waterlot and therefore the DNV has no control over anything beyond the high tide line.
 
Logged
You shoulda been here yesterday.

RalphH

  • Old Timer
  • *****
  • Offline Offline
  • Posts: 4908
    • Initating Salmon Fry
Re: Cates Park by-law
« Reply #10 on: August 13, 2023, 08:36:12 PM »

I think it's best it's best to wait until the City clarifies the situation and no one relies on assumptions. The bylaw was passed in June 2021 and the info may not be widely known by the public. Potential fine is $150. If a Park Ranger told me I can't fish there I'd take their word on it.
Logged
"Two things are infinite, the Universe and human stupidity... though I am not completely sure about the Universe" ...Einstein as related to F.S. Perls.

Roderick

  • Sr. Member
  • ****
  • Offline Offline
  • Posts: 203
Re: Cates Park by-law
« Reply #11 on: August 14, 2023, 11:29:25 AM »

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. 
« Last Edit: August 14, 2023, 11:40:26 AM by Roderick »
Logged
You shoulda been here yesterday.

Roderick

  • Sr. Member
  • ****
  • Offline Offline
  • Posts: 203
Re: Cates Park by-law
« Reply #12 on: August 14, 2023, 11:50:50 AM »

OK i just called the DNV bylaw office and they have forwarded fic's email to the park wardens.  Apparently they will be responding to it sometime tomorrow. 
Logged
You shoulda been here yesterday.

RalphH

  • Old Timer
  • *****
  • Offline Offline
  • Posts: 4908
    • Initating Salmon Fry
Re: Cates Park by-law
« Reply #13 on: August 14, 2023, 12:05:10 PM »

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.

Is that you John Wayne?
Logged
"Two things are infinite, the Universe and human stupidity... though I am not completely sure about the Universe" ...Einstein as related to F.S. Perls.

Roderick

  • Sr. Member
  • ****
  • Offline Offline
  • Posts: 203
Re: Cates Park by-law
« Reply #14 on: August 14, 2023, 12:07:00 PM »

Awww Rhalphie you're so cute <3
Logged
You shoulda been here yesterday.