Shakedown on the shakedown trip (called city hall)

[kickingfrog]

Put the boat in today for the first time this season today. Launched from Tiffin and searched a bit for some perch with zero results. K-bay was flat so I had more fun just cruising a bit and enjoying being on the soft water again.

 

As we came back down the other side of the bay I was marking the occasional cloud of fish (which appeared to be smelt as that's all we caught). As I worked down the breakaway for the marina a young attendant called out and said we couldn't fish there. I asked if the city owned that water? The answer, of course, was "Yes, there is no fishing in the marina". I said "We will leave, but that it was very unlikely that the city owned that water and prohibiting fishing from a boat was unlikely to hold up in court". As I'm turning the boat with the electric another attended called out and said it was a bylaw and there was no fishing in the marina. I said the exact same thing as before but with a little more tone and much louder, my son was in the boat. It was too nice a day to bother trying to discuss this with summer students following someone else's info. I don't fish Simcoe much, and K-bay even less, from a boat but figured I'd pass it along. There are no signs visible from the water except for 2 giant SPEED DEAD SLOW signs. My brother says there are signs posted along the breakwall that say there is no fishing but they're not visible from a boat. There were a whack of people fishing from that breakwall so take that for what it's worth.

 

I tried to check Barrie's website but couldn't find the bylaw (I should have asked Thing1 or Thing2 for it in writing or at least the number. The site does mention that "this is not a complete list, this is for information only, for a full list blah, blah, blah". I'll call next week to see if they have it on the books.

 

Boat ran great, got some sun and fresh air. Better than any day of work.

Edited May 9, 2016 by kickingfrog

[Terry]

my understanding is/was if a marina or city owned the water they had to have signs facing the water stating something to the affect they have control and approved by the federal gov they can stop people from fishing from shore but not the water

 

here is a news story from another marina

sorry about the weird guy fishing in the photo...lol

 

http://www.northumberlandtoday.com/2015/05/21/anglers-asked-to-leave-cobourg-harbour

Edited May 6, 2016 by Terry

[Smokercrafty]

I remember watching that video a while back, and its burned into my head. I usually am not one to start/cause trouble, but if the fishings good, then I ain't moving! If not, I'd still state the facts, and more than likely move.

[irishfield]

Is the Tiffin marina not a man made, dredged slip with a breakwall. If so they likely have full control of it. Oceans and Fisheries has given up a lot of water, Midland and Penetang Harbours included.

 

They had no issue with us fishing there in 2009...

 

 

[mike rousseau]

I've gone through this

 

They can't own water

 

If you touch shore or drop anchor they have a case but they can't own the water that flows I'm and out and they can't own the fish that swim in and out

 

To my understanding even if it is man made they would need to put up a form of a gate and restrict access to non marina boats.

 

That being said I've been escorted by the OPP... RCMP... CANADIAN COAST GAURD... MNR many many times from said marina with no ticket or fine of any kind... They just want the owner to stop complaining and literally told me to come back when the marina isn't as busy

[kickingfrog]

This is the Barrie Marina. We were on the inside of the outer breakwall in 25ft of water. Given that a few hundred metres of lake/wetland has been filled in to make the shoreline in the last hundred plus years the true shoreline for the lake is 2 blocks from the current one. If in the unlikely case that the city owned the water I'd think they'd do a better job of signing the area from the water and not bother to dredge down 25 ft for the personal water crafts that use the slips.

 

City's photo of the Marina:

http://www.barrie.ca/Living/RecreationFacilities/Documents/BarrieMarinaAerial.pdf

[Gnote]

I give you credit sir, you are far more patient and polite then i might have been. Ive gotten tired of the uninformed and the ignorant telling me where i can or cant fish over the years and my attitude towards such persons reflects that.

[kickingfrog]

A few factors contributed to that. My 7 year old son was with me. I'm not positive of what the law is, these were summer students who were just following what some desk jockey had told them to say and we weren't catching anything.

 

The part that almost set me off was after I had clearly said I would leave and had started to turn the boat, attendant #2 (who heard the first conversation) felt the need to parrot what the first one had said.

 

My suspicion is the City knows it can't prohibit fishing from a boat and that's why there are no signs. They hope that by just telling people they can't fish they will leave.

[kickingfrog]

Forgot to mention that the surface temps were 8.5 to 10.5 in the bay.

[Gnote]

Yea my daughter is too young for in the boat fishing but i imagine i might cool down a bit when she is there.

[misfish]

You CANNOT fish the marina side of the break wall. That is what is posted. All along the marina walls are painted signs on the steel that says NO FISHING.

 

YOU CAN, fish the lake side of the inner break wall. YOU CAN, fish off the end of the outter break wall .

 

 

I have been through this B S with them before. I said call a cop. No cop called as it,s B S .

[Rizzo]

the good news is you got the boat in the water!

[kickingfrog]

the good news is you got the boat in the water!

 

 

It still runs great. First turn of the key.

[Old Ironmaker]

15 years ago the Feds posted the Port Dover pier as NO FISHING. Hundreds fish that pier daily and it is a boom to the summer only town only surpassed by Friday the 13th bike rally. A long story short we protested with the support of the town council. The protest consisted of a few hundred anglers showing up on a Saturday to fish and the OPP was called.

 

Signs or no signs people still fish there everyday when there is open water. No one owns open water other than the citizens of this country. Let me hear them tell an Aboriginal Native they can't fish where ever they want to.

[misfish]

This will make no dif to the water ways of fisher people. I cant beleive Barrie is going to do this.

 

Let the new fights begin.

 

http://www.thebarrieexaminer.com/2016/05/08/barrie-marina-operations-could-change

Edited May 8, 2016 by Brian B

[chris.brock]

Interesting story and good on you Rob.

 

My son is only 14 months old but these lyrics from an old country song have popped into my head on a few occasions

 

"promise me son not to do the things I've done, walk away from trouble if you can"

[John Bacon]

I've gone through this

 

They can't own water

 

If you touch shore or drop anchor they have a case but they can't own the water that flows I'm and out and they can't own the fish that swim in and out

 

To my understanding even if it is man made they would need to put up a form of a gate and restrict access to non marina boats.

 

That being said I've been escorted by the OPP... RCMP... CANADIAN COAST GAURD... MNR many many times from said marina with no ticket or fine of any kind... They just want the owner to stop complaining and literally told me to come back when the marina isn't as busy

 

There are rare cases where a group can control the water. Long Point and Lake Scugog come to mind.

 

There was a court case (probably over a hundred years ago now) confirming that the owners of the south end of Lake Scugog can indeed keep boats out of their area.

 

The federal government gave up the rights to Long Point. They do keep people away from navigatable water as well.

 

There may be other places where they have that power as well.

[Terry]

And they need to be properly posted if they have control

[kickingfrog]

Phoned the clerk's office. Someone else had already called today as she asked if I was the one who had called earlier this morning. For what it's worth she was only aware of no fishing from the docks. When I asked about fishing from a boat she wasn't as sure but thought that it was ok. I asked about a written form of the bylaw and then she referred me to someone higher up. They were not at their desk and a message was left.

 

If anyone else is interested in this the phone number I was given is 705 739 4241 which is a shorter route from the phone number listed on the city's bylaw page.

[misfish]

Thanks Rob

 

Funny how when all the boats are gone, the marina is free wheeling for anglers. When the boats go in, the gas pump opens up, they dont want us near it.

[kickingfrog]

So the bylaw might not be legal and they pick and choose when they want to enforce it? I should have at least asked the marina attendant to cite the bylaw number or show it in writing.

[hunteronwheels]

please read all i write before you come down on me

i was in a marina last year and watched a couple of guys in a tinny

fishing

their casting was as bad as it gets they hit no less than half a dozen boats while i was there

now if i owned one of those boats i would not be a happy camper

now sure the lures dont really hurt the boat but they can scratch

so in a way i understand the boaters feelings

all it takes is one bad apple to set off the marinas

now let me say i dont think its right for them to keep us out of the marinas

i love to fish the docks and many times thats the only place i can catch anything

i think there needs to be some middle ground somewhere somehow

[Terry]

and I have seen people speeding and I have seen people walking down the street keying cars and I have seen people casting from shore who didnt bother to check if there was somebody behind them and catch someone on the face and none of that changed the fact that the owners or people in the marina have no right to harass you while you are legally fishing

[Smokercrafty]

I primarily fish in Crates marina, and that would only be during the crappie feed, and I must say, they are a leniant bunch. Not much is said, if ever. I do feel for these huge boat/yacht owners though. So I try and stay clear from casting really close to their machines. I'm not there to win any tournament, so a little fishin, and I'm on my way. I appreciate the fact they put up with us fishermen the way they do.

Edited May 10, 2016 by Smokercrafty

[hunteronwheels]

and I have seen people speeding and I have seen people walking down the street keying cars and I have seen people casting from shore who didnt bother to check if there was somebody behind them and catch someone on the face and none of that changed the fact that the owners or people in the marina have no right to harass you while you are legally fishing

if you read the last three lines of my post you would see i agree with you

but we also need to understand the other side and try to work together rather than fighting