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Author Topic: Legalities of Stream Crossing in your Truck  (Read 3876 times)

The Gilly

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Legalities of Stream Crossing in your Truck
« on: September 01, 2004, 08:00:48 AM »

There has been some discussion on a seperate thread about the legalities of stream crossing in a vehicle i.e. crossing to Hearling Isl.  here is the info from the Fisheries act.  Sounds like it could be an offence.  So does blowing your jet boat to get that extra 3 ft. onto the trailer (ticks me off 'cause it wrecks the launch at Isl. 22).

1 - "fish habitat" means spawning grounds and nursery, rearing, food supply and migration areas on which fish depend directly or indirectly in order to carry out their life processes;

2 - 35. (1) No person shall carry on any work or undertaking that results in the harmful alteration, disruption or destruction of fish habitat.  (2) No person contravenes subsection (1) by causing the alteration, disruption or destruction of fish habitat by any means or under any conditions authorized by the Minister or under regulations made by the Governor in Council under this Act.

3 - Every person who contravenes subsection 35(1) is guilty of

(a) an offence punishable on summary conviction and liable, for a first offence, to a fine not exceeding three hundred thousand dollars and, for any subsequent offence, to a fine not exceeding three hundred thousand dollars or to imprisonment for a term not exceeding six months, or to both; or

(b) an indictable offence and liable, for a first offence, to a fine not exceeding one million dollars and, for any subsequent offence, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding three years, or to both.


What do you think?
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Nostro

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Re:Legalities of Stream Crossing in your Truck
« Reply #1 on: September 01, 2004, 08:12:36 AM »

The important thing is that DFO considers crossing by any vehicle an offense. I was there last year when DFO was ticketing everybody with their vehicle on the beach at Herrling Island. The same happened eventually at the Vedder meat hole last year when people were driving unto the river bed.
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The Gilly

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Re:Legalities of Stream Crossing in your Truck
« Reply #2 on: September 01, 2004, 08:52:36 AM »

Who ever took the pic of that moron fishing from his truck in the Veder should mail it to DFO.  I'm sure they can get a licence # from it and track the idiot down.
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Koho

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Re:Legalities of Stream Crossing in your Truck
« Reply #3 on: September 01, 2004, 09:26:35 AM »

Thats what the trailer winch is used for.  No need to further erode river banks.
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grandpa

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Re:Legalities of Stream Crossing in your Truck
« Reply #4 on: September 05, 2004, 06:24:25 PM »

Did you ever stop to think that wading spawning areas after the spawn will have a severly detrimental effect on the eggs in the reds you walk on . Ie Steelheading after the salmon spawn . I have to get me a copy of the Fisheries act as there are some interesting points in it which I don't think are well known
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The Gilly

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Re:Legalities of Stream Crossing in your Truck
« Reply #5 on: September 06, 2004, 11:17:00 AM »

Yup.  It all comes down to the other part of the Law that allows the enforcment officer "descretion".  Technically, everything is illegal.
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