Guest ThisPlaceSucks Posted May 23, 2011 Report Posted May 23, 2011 i always find cases such as these interesting and being the stubborn guy i am, i would have done much the same as you ron. to go one step further, I don't believe a person should be able to own a small stream either, simply because it's not deep enough to run a canoe down. i know the law is not on my side in this case, but claiming to own the bottom of a stream bed is just asinine and it's a law i've never respected (or followed).
Terry Posted May 23, 2011 Report Posted May 23, 2011 Just something for you all to think about.....kind of throwing a fly in the ointment... Water doesn't belong to anyone.....but let's say you own one of those boat garages that are so common on the Kawarhan Lakes....that water is in the garage right....so can I dock my boat in your garage.... boat houses and docks are considered private property in Ontario so unless it's an emergency it would be illegal to tie up to it
206 Posted May 23, 2011 Report Posted May 23, 2011 I heard this unfold on the scanner...Police were contacting the coast gaurd as well to see if they could remove you! LOL
Billy Bob Posted May 23, 2011 Report Posted May 23, 2011 I heard this unfold on the scanner...Police were contacting the coast gaurd as well to see if they could remove you! LOL LOCK HIM UP....LOL...
Michael_Brown Posted May 23, 2011 Report Posted May 23, 2011 The part of this By-Law that is most disturbing is that the land around the harbour is a municipal park. The Marina in fact only controls a portion of the harbour yet they are trying to ban fishing in the entire area. You are allowed to walk your dog, fly your kite, sit and drink a coffee or anything else you feel like except fishing. dis·crim·i·na·tion [ di skrìmmə náysh'n ] Definition: 1. treating people differently through prejudice: unfair treatment of one person or group, usually because of prejudice about race, ethnicity, age, religion, or gender If the land was off limits for all user groups than possible it could be considered fair. I have not seen Ron's tax statement but I assume he pays his share of municipal tax and therefore should be considered a member of the group that control the property. It should also be noted that the marina owner is also a council member. These types of by-law limit access to angling for everyone and should always be questioned or if allowed will continue to grow. Why can't the anglers of Cobourg fish on public land in public water? Good for you Ron. I got your back.
irishfield Posted May 24, 2011 Report Posted May 24, 2011 It's like free use of a tax payer funded and designed dog park, yet having to pay to launch your boat in the same park. Me Son's working on that one here...
Handlebarz Posted May 24, 2011 Report Posted May 24, 2011 Well no update from Ronnie where do we send the bail money to???
thalweg Posted May 24, 2011 Report Posted May 24, 2011 (edited) I personally hate fishing area restrictions. If we don't do something about it, soon more areas will be pay to play or no play at all. Some of my favourite sections of steel head waters continue to get encroached on by private land owners. I would really love to see stream and fishing area access rights. That said, it never pays to change a law by breaking one. There are other ways to get the law reviewed...via responsible means. Go to city council meetings and be heard. Your comments will at least be documented and you might get support from the Councillors. Find out why they applied the law; while its unlikely..they may have a good reason for it. If you can point out the silliness of the bylaw in a logical way you'll have a high probability of changing it. As for marina no fishing. I have several friends with large motor and sail boats and they pick out more treble hooks and lures from their ropes and sails and deck wood then we likely have in our tackle boxes. In fact, one of their young daughters had to go to hospital to get a huge treble hook dislodged from her foot while running down the deck. The zara spook...was lodged on mooring rope. She was running...lets just say...she stopped dead in her tracks. I fully and completely support no fishing in marina mooring areas. Good luck Edited May 24, 2011 by waterrunner
Terry Posted May 24, 2011 Report Posted May 24, 2011 I personally hate fishing area restrictions. If we don't do something about it, soon more areas will be pay to play or no play at all. Some of my favourite sections of steel head waters continue to get encroached on by private land owners. I would really love to see stream and fishing area access rights. That said, it never pays to change a law by breaking one. There are other ways to get the law reviewed...via responsible means. Go to city council meetings and be heard. Your comments will at least be documented and you might get support from the Councillors. Find out why they applied the law; while its unlikely..they may have a good reason for it. If you can point out the silliness of the bylaw in a logical way you'll have a high probability of changing it. As for marina no fishing. I have several friends with large motor and sail boats and they pick out more treble hooks and lures from their ropes and sails and deck wood then we likely have in our tackle boxes. In fact, one of their young daughters had to go to hospital to get a huge treble hook dislodged from her foot while running down the deck. The zara spook...was lodged on mooring rope. She was running...lets just say...she stopped dead in her tracks. I fully and completely support no fishing in marina mooring areas. Good luck funny I say close all the rivers to fishing I know property owners who find hooks everywhere but keep the marinas open to fishing 100% self serving as was your statement don't take away my fishing but screw you and your fishing
torco Posted May 24, 2011 Report Posted May 24, 2011 Good on your Ron. The NWPA has been under pressure recently and by exercising your rights under it you have shown law-makers and the general public that it is still relevant and should be respected. Keep your eyes peeled on Parliament in the coming months and years as this one act that is the cross-hairs to be "updated". I could be wrong but it may have already been altered in the last parliament under the guise of stimulus.
Ron Posted May 25, 2011 Author Report Posted May 25, 2011 Just an update, If you know any good lawyers, let me know. They finally gave me a ticket. Lets just say, if you fish in any Park in Cobourg, you are liable to get a ticket. This would include fishing for Rainbow trout, Salmon, Carp, the list goes on. So, once again, if you don't think this is worth fighting for, please feel free to let me know. This is how the By-law is written: Consolidated Parks By-law number 064-2010 A By-law to regulate, protect and govern the use of parks, public open spaces in the Town of Cobourg. Protection of Wildlife 8. While in a park, no person shall: (1) Kill, attempt to kill, trap, hunt, pursue or in any manner disturb any animal, bird, waterfowl, FISH, worms or any other wildlife, provided that provision shall not apply to any person, fishing in Provincially or Federally legislated waters unless otherwise posted; Like I said, if you think this is not worth fighting for, I guess you are not interested in fishing for any of the migratory species that come up the rivers in the town of Cobourg. This will limit your fishing to the mouth of the river, oh wait, the town owns that too as that is considered Public open spaces. Not so Cheery, Ron...
irishfield Posted May 25, 2011 Report Posted May 25, 2011 But you were fishing in Provincially legislated waters.. NO?? I'm in for the first $100 of the lawyers bill.. who's next?
Daplumma Posted May 25, 2011 Report Posted May 25, 2011 I'll go for the second hun.Cant help with a good lawyer...no such thing.Sorry Marty. Joe
Guest gbfisher Posted May 25, 2011 Report Posted May 25, 2011 But you were fishing in Provincially legislated waters.. NO?? I'm in for the first $100 of the lawyers bill.. who's next? provision shall not apply to any person, fishing in Provincially or Federally legislated waters unless otherwise posted; As Wayne said. You fall into this catagory unless I read it wrong. Wouldn't surprise me. Unless it's posted somewhere that you can't fish. I'm in for a brown one. Pretty cheap Lawyer so far eh...
HTHM Posted May 25, 2011 Report Posted May 25, 2011 Is this something a membership in the OFHA would help with? This is an honest question and not meant to open up a debate on the relative merits of the organization.
Ron Posted May 25, 2011 Author Report Posted May 25, 2011 But you were fishing in Provincially legislated waters.. NO?? I'm in for the first $100 of the lawyers bill.. who's next? Yes I was, in fact I was fishing in an area where there is no signage stating you can not fish as the by-law also mentions. The above image, as of May 24th, was posted in the bulletin board at the Cobourg Marina. It clearly states where you are and are not allowed to fish. I was fishing on the East Pier. There is no mention of the East Pier on by-law 97-91. This will all be the local paper tomorrow. Did I mention it took 3 Commissioners and 4 Cobourg Police Officers, including the staff sergeant to finally give me a ticket? (How embarrassing). I cannot say any more until I speak with a lawyer and get a court date.
206 Posted May 25, 2011 Report Posted May 25, 2011 (edited) So the fine was only cause you returned to fish on shore? You were fine in the boat? I'm sure we could flood the harbor with small fishing boats to give support for your cause! Edited May 25, 2011 by 206
irishfield Posted May 25, 2011 Report Posted May 25, 2011 Did I mention it took 3 Commissioners and 4 Cobourg Police Officers, including the staff sergeant to finally give me a ticket? (How embarrassing). So not only were you fishing.... you were using live "bait"! LMAO
misfish Posted May 25, 2011 Report Posted May 25, 2011 After reading that note,I have to say,GO GETEM RON. Wayne,,pay up.
irishfield Posted May 25, 2011 Report Posted May 25, 2011 A heads up for you Ron... with my Town Councillor son looking over my shoulder... when the DFO handed the pier over to the Town... the water "lease" would have gone with it which gives the town the right to control any activity in their "water lot", just like many posted Marinas that least crown land(water), similar to fly in fishing camps have lease permits for the land. Crown land or not.... you can be charged with tresspassing if you refuse to leave their leasehold camp. Penetang's town pier has always been posted No Fishing from pier... and council has to amend the bylaw for the day of the kids fishing derby and bag the signs.
206 Posted May 25, 2011 Report Posted May 25, 2011 Sorry, and the "Centre Pier" is the main part you can drive your car out on?
Guest gbfisher Posted May 25, 2011 Report Posted May 25, 2011 So not only were you fishing.... you were using live "bait"! LMAO 7 for 7 is a good morning on lake O....
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