Fishing with Rod Discussion Forum

Fishing in British Columbia => General Discussion => Topic started by: buck on September 13, 2016, 05:09:22 PM

Title: Soowahlie Netting and Snagging:
Post by: buck on September 13, 2016, 05:09:22 PM

Now that the gates are up, the Soowahlie have been netting and snagging on a daily/nightly basis. They have also been very aggressive toward any anglers who might be in the vicinity. Too many eyes for their liking. I observed them snagging numerous chinook and coho with large treble hooks and removing their nets just before daylight. These are the people who portray themselves as resource managers and are one with nature. Do not park on the reserve as they will have your vehicle towed.
It is interesting they want people to come to their campsite and gravel trucks to transport gravel but are creating tension between anglers and band members. There are some really nice people on the Soowahlie reserve who will be tarred with the same brush. There is always one or two who will spoil it for the rest.
Title: Re: Soowahlie Netting and Snagging:
Post by: Rodney on September 13, 2016, 06:20:13 PM
I see you've found my fish Buck. ;D I wonder why that school of fish has been shrinking daily and glad I wasn't imagining the whispers in the bush when I arrived before dawn. ::)

I sent an email out this afternoon regarding this issue actually, would like to see what C&P's response is. I believe RCMP attended the site this morning when they were called in. That netting is intercepting all of the fish heading above that section of the river since it's strung across the main channel. I'll fish again when it starts raining.
Title: Re: Soowahlie Netting and Snagging:
Post by: BNF861 on September 13, 2016, 07:15:38 PM
I have witnessed the obvious snagging as well as retention of wild coho and overnight nets in that area before in years past as well as some pretty aggressive behaviour if anyone questioned the offenders.

One time a few years ago fisheries officers arrived while I was there and when asked they responded that unless there was a some kind of opening, First Nations members did not have to have a fishing licence to fish but did have to abide by the same regulations and quotas. Whether the officers would enforce the regs against the above offences knowing the storm that would erupt, I don't know.
Title: Re: Soowahlie Netting and Snagging:
Post by: TheLostSockeye on September 13, 2016, 07:45:50 PM
Me and my fishing partners got chased out of there on Sunday evening. There were 5 guys 3 of which were snagging with treble hooks. They had a little aluminum boat they were going back and forth with getting more people onto the Chilliwack side. They were barking at us heavily saying we don't belong here, this is native land, ect... I assume they pulled the nets out after we left.
We called it in to DFO. Don't fish there alone
Title: Re: Soowahlie Netting and Snagging:
Post by: CohoJake on September 13, 2016, 09:20:34 PM
Me and my fishing partners got chased out of there on Sunday evening. There were 5 guys 3 of which were snagging with treble hooks. They had a little aluminum boat they were going back and forth with getting more people onto the Chilliwack side. They were barking at us heavily saying we don't belong here, this is native land, ect... I assume they pulled the nets out after we left.
We called it in to DFO. Don't fish there alone
Is this in the reserve downstream of On The Way?  I can't imagine a boat in the water there.
Title: Re: Soowahlie Netting and Snagging:
Post by: dobrolub on September 13, 2016, 09:38:24 PM
That's the one. A boat could be used there with ease.

As for the natives, I've always felt that giving them a special treatment is a big mistake. Allowing them to install a gate is yet another mistake. We should all abide by the same law, no exceptions.
Title: Re: Soowahlie Netting and Snagging:
Post by: RainbowMan on September 13, 2016, 10:04:45 PM
My understanding is that the east side of that area is NOT native land. Not sure what makes them feel entitled to own the entire stretch of the river??
Title: Re: Soowahlie Netting and Snagging:
Post by: CohoJake on September 13, 2016, 10:06:55 PM
My understanding is that the east side of that area is NOT native land. Not sure what makes them feel entitled to own the entire stretch of the river??

Google maps suggests otherwise, but I don't know how accurate this is.  https://www.google.com/maps/place/Soowahlie+Indian+Band/@49.0790802,-121.9785282,14z/data=!4m5!3m4!1s0x0:0x62bb4babd21af9f5!8m2!3d49.0790802!4d-121.9697735 (https://www.google.com/maps/place/Soowahlie+Indian+Band/@49.0790802,-121.9785282,14z/data=!4m5!3m4!1s0x0:0x62bb4babd21af9f5!8m2!3d49.0790802!4d-121.9697735)
Title: Re: Soowahlie Netting and Snagging:
Post by: TheLostSockeye on September 13, 2016, 10:08:45 PM
Is this in the reserve downstream of On The Way?  I can't imagine a boat in the water there.
Yup.
I should have taken a picture but I was concerned about the welfare of my friends and I. It was a 10-12 ft aluminum flat bottom boat. They had it in an old  pickup. A white guy was driving an older white jeep and pulled up beside them with 4 others in the jeep, and helped them launch the boat off the steep cut off bank. Then the yelling started once they were in the water lol
Title: Re: Soowahlie Netting and Snagging:
Post by: grayman on September 13, 2016, 10:23:02 PM
What's the exact location where they are deploying the nets?
Title: Re: Soowahlie Netting and Snagging:
Post by: RainbowMan on September 13, 2016, 10:25:44 PM
Google maps suggests otherwise, but I don't know how accurate this is.  https://www.google.com/maps/place/Soowahlie+Indian+Band/@49.0790802,-121.9785282,14z/data=!4m5!3m4!1s0x0:0x62bb4babd21af9f5!8m2!3d49.0790802!4d-121.9697735 (https://www.google.com/maps/place/Soowahlie+Indian+Band/@49.0790802,-121.9785282,14z/data=!4m5!3m4!1s0x0:0x62bb4babd21af9f5!8m2!3d49.0790802!4d-121.9697735)

Thanks for the map. So, the highlighted square (darker gray) marks their boundary?? The northern beach is right on the edge.
Title: Re: Soowahlie Netting and Snagging:
Post by: spoiler on September 14, 2016, 08:48:43 AM
I think the best response is for as many people as possible call DFO and RCMP to report this activity and take lots of pictures. Just like anything else the more attention this gets, the more likely the authorities will take action. it wouldn't hurt if someone could drag the Global news crew out there when these activities are taking place then put the Soowahlie Band council on the hot seat to answer for their band members bad behaviour. That group is small and close knit so I'm sure everyone on that reserve knows what's going on. I'm surprised that their leaders let this crap continue when there's a risk it will all be exposed!
Title: Re: Soowahlie Netting and Snagging:
Post by: dobrolub on September 14, 2016, 09:03:52 AM
I agree with 'spoiler'. Taking my camera with a good zoom along in case I see this going on. This needs to be exposed.

Also, would the new fishing alliance be contacting the band to stop illegal fishing activities? I'd think sending them an email with reference to this thread included may be a good idea.

Title: Re: Soowahlie Netting and Snagging:
Post by: sugartooth on September 14, 2016, 09:31:01 AM
After I reported the net I saw on Friday to the rapp line, I received a call from a co telling me that the First Nations are allowed to use nets from the mouth of the vedder all the way up to chilliwack lake.
Title: Re: Soowahlie Netting and Snagging:
Post by: Rodney on September 14, 2016, 09:37:34 AM
After I reported the net I saw on Friday to the rapp line, I received a call from a co telling me that the First Nations are allowed to use nets from the mouth of the vedder all the way up to chilliwack lake.

That is so ridiculously incorrect. What was the name of the CO?
Title: Re: Soowahlie Netting and Snagging:
Post by: sugartooth on September 14, 2016, 09:41:47 AM
Sorry Rodney I don't know his name but I do have his phone number if you'd like that.
Title: Re: Soowahlie Netting and Snagging:
Post by: Rodney on September 14, 2016, 09:51:49 AM
Sure, please feel free to send it over.

Next time phone DFO's ORR line: 1-800-465-4336. The RAPP line is provincial and for salmon related violations, you should usually be redirected to DFO instead of a CO.
Title: Re: Soowahlie Netting and Snagging:
Post by: sugartooth on September 14, 2016, 10:09:24 AM
I will pm it to you Rodney. You would think that the DFO and CO's would be on the same page regarding violations.
Title: Re: Soowahlie Netting and Snagging:
Post by: buck on September 14, 2016, 11:14:03 AM
Snagging ongoing again today. Reported this info yesterday to DFO but to no avail.
Title: Re: Soowahlie Netting and Snagging:
Post by: Johnny Canuck on September 14, 2016, 11:50:28 AM
Snagging ongoing again today. Reported this info yesterday to DFO but to no avail.

Post pics I'd like to see what's happening
Title: Re: Soowahlie Netting and Snagging:
Post by: spoiler on September 14, 2016, 11:52:14 AM
 For everyone's information Brenda Wallace is the chief and band manager for the Soowahlie First Nation. I would assume she would be opposed to negative publicity for her band and it's members.
Somebody with some political clout should inform her of the goings on at the river on the Soowahlie Reserve.
Title: Re: Soowahlie Netting and Snagging:
Post by: big_fish on September 14, 2016, 12:01:17 PM
https://www.facebook.com/Soowahlie-First-Nation-93509553356
Title: Re: Soowahlie Netting and Snagging:
Post by: DanL on September 14, 2016, 12:26:03 PM
My understanding is that the east side of that area is NOT native land. Not sure what makes them feel entitled to own the entire stretch of the river??

My understanding as well but ....

Google maps suggests otherwise, but I don't know how accurate this is.  https://www.google.com/maps/place/Soowahlie+Indian+Band/@49.0790802,-121.9785282,14z/data=!4m5!3m4!1s0x0:0x62bb4babd21af9f5!8m2!3d49.0790802!4d-121.9697735 (https://www.google.com/maps/place/Soowahlie+Indian+Band/@49.0790802,-121.9785282,14z/data=!4m5!3m4!1s0x0:0x62bb4babd21af9f5!8m2!3d49.0790802!4d-121.9697735)

At first I thought there was no way that map could be accurate, but some googling led me to this page on the Stats Canada website (https://www12.statcan.gc.ca/census-recensement/2011/dp-pd/prof/details/page_Map_Carte_Detail.cfm?Lang=E&G=1&Geo1=CSD&Code1=5909827&Geo2=PR&Code2=01&Data=Count&SearchText=&SearchType=Begins&SearchPR=01&B1=All&Custom=&TABID=1&geocode=5909827) which has boundaries that look pretty darn close to that google map. Is this right? Because from the looks of it native land could actually cover approx 1 km of river, including both banks and more...
Title: Re: Soowahlie Netting and Snagging:
Post by: RainbowMan on September 14, 2016, 12:37:03 PM
Thanks for digging this info. I think it's same to assume that the north east part of that beach is NOT native land (both maps confirm this). however, you probably have to trespass through their land to get safe access to that area. Once you are on the beach, just walk a bit up towards the rapids and you'll be outside of their honey hole. It's a shame that they use illegal methods to harvest fish but hey, at the end of the day we all want to have a safe and fun day on the river. A fish or two is not worth wrestling with the ...
Title: Re: Soowahlie Netting and Snagging:
Post by: Steelhawk on September 14, 2016, 12:37:58 PM
Looks like the Soowahlies learn from those natives blocking the lower Capilano. Now if only they will use rock weirs. LOL. This country should really rethink why native's rights can be such that exclude other Canadians' rights to the fish that are raised from public funded hatcheries. There should be no such thing as blocking the entire river by rock weirs or nets to keep every fish for the 'stewards of the land'. Hearing those terms and seeing what actually happen on the rivers just make people sick of the hypocrisy.
Title: Re: Soowahlie Netting and Snagging:
Post by: Fish or cut bait. on September 14, 2016, 01:46:39 PM
I don't agree with thier actions But perhaps,  if those who came to this land (100+ years ago) didn't pillage so much and decided they could control nature perhaps this situation could have been avoided.

Put up a dam and introduce a hatchery to appease.

There were a lot of rivers and streams that were very productive before greed got in the way.

Title: Re: Soowahlie Netting and Snagging:
Post by: RainbowMan on September 14, 2016, 01:52:33 PM
There were a lot of rivers and streams that were very productive before greed got in the way.

...and where does your electricity come from?? :o
Title: Re: Soowahlie Netting and Snagging:
Post by: dobrolub on September 14, 2016, 03:53:20 PM
This is not about who we blame for the past, it's about how we move forward.
Title: Re: Soowahlie Netting and Snagging:
Post by: skaha on September 14, 2016, 05:19:34 PM
--It would appear from the Soowahlie facebook page that the leadership is reminding members of the rules for this fishery and asking all to abide by them. I presume they have the same % of bad apples as the rest of us.

 
Title: Re: Soowahlie Netting and Snagging:
Post by: Spoonman on September 14, 2016, 07:50:05 PM
......was(from across the river) confronted,shouted at and threatened in the area sunday morning by a band member in a red and white ford pick-up...was somewhat unsure of reserve bounaries but did access area below high water mark... nav/waterways law probably does not apply to them either???.....left after a couple more casts and warned two other anglers showing up as I left.....better quieter water elswhere.....
Title: Re: Soowahlie Netting and Snagging:
Post by: grayman on September 14, 2016, 10:01:43 PM
Snagging ongoing again today. Reported this info yesterday to DFO but to no avail.

......was(from across the river) confronted,shouted at and threatened in the area sunday morning by a band member in a red and white ford pick-up...was somewhat unsure of reserve bounaries but did access area below high water mark... nav/waterways law probably does not apply to them either???.....left after a couple more casts and warned two other anglers showing up as I left.....better quieter water elswhere.....

Where are they exactly?

I think the best response is for as many people as possible call DFO and RCMP to report this activity and take lots of pictures.

Or just bring the authorities with you.
Title: Re: Soowahlie Netting and Snagging:
Post by: Drewhill on September 14, 2016, 11:42:45 PM
There's no need to point out where they are exactly. Sounds like you may be fishing for a spot. Although I know some will say "I need to know to avoid that area" others will use it as an excuse to go looking for trouble. As someone said earlier it's roughly behind on the way. There's lots of areas to fish so if you're concerned just avoid the general area.
Title: Re: Soowahlie Netting and Snagging:
Post by: fic on September 15, 2016, 08:32:48 AM
In google maps, that shaded area covers both side of the river and includes Chilliwack Lake road.  I've been to that area and thought the Natives land is only on the south side.  I guess it's pretty hard to avoid that shaded area on your way to the water itself.
Title: Re: Soowahlie Netting and Snagging:
Post by: NothingToSnagAbout on September 15, 2016, 09:27:31 AM
I don't get it. They have both sides of the river? And nobody in the history of Vedder fishing has discovered this before?
Title: Re: Soowahlie Netting and Snagging:
Post by: RainbowMan on September 15, 2016, 09:51:11 AM
I don't get it. They have both sides of the river? And nobody in the history of Vedder fishing has discovered this before?
That's because there hasn't been a lot of issues with this native band up to this year. First, the gate was installed to block the public access to the southern side and now the illegal netting and verbal abuse to sporties. Something must have changed this year within that band that has given these bad apples the authority to do so.
Title: Re: Soowahlie Netting and Snagging:
Post by: spoiler on September 15, 2016, 10:08:16 AM
I think the "issue" is that now that they have a gate up they are not worried about getting too much attention from the public.
It seems like the netting & snagging started right after the gate was installed.
Buck, maybe you can confirm this?
As I said before the more exposure and attention this gets, the more likely something will be done.
If DFO and the RCMP get swamped with calls they are going to react.
As always, Squeaky Wheel gets the grease!
Look at how the public responds when an issue is put on Global News!
Title: Re: Soowahlie Netting and Snagging:
Post by: Johnny Canuck on September 15, 2016, 10:19:38 AM
They have been snagging fish and netting for years, it's not up until now that it has been talked about on forums as most threads turn into a bashing competition.
Title: Re: Soowahlie Netting and Snagging:
Post by: Tex on September 15, 2016, 10:31:46 AM
They have been snagging fish and netting for years

The netting I can't comment on, but as Johnny Canuck said, they've been snagging fish out of this run for a long time.
Title: Re: Soowahlie Netting and Snagging:
Post by: tworivers on September 15, 2016, 10:32:14 AM
Nothing new about Tribal fisheries at a local river near you!
What's next? Complete closure of recreational opportunities?
Unfortunately, this may be the future my friends!
Title: Re: Soowahlie Netting and Snagging:
Post by: Johnny Canuck on September 15, 2016, 10:48:23 AM
Search in this forum as there have been numerous threads about nets being found in there years and years ago. Nothing new, just new to most people
Title: Re: Soowahlie Netting and Snagging:
Post by: Fish or cut bait. on September 15, 2016, 10:48:40 AM
Also, the river has changed a lot over the years.
It's been eating its way West.
Title: Re: Soowahlie Netting and Snagging:
Post by: poper on September 15, 2016, 12:18:04 PM
It's not going to change over there, they have been doing this for years,plenty of people have been phoning for years about this issue,to no avail,it's pretty much they can do what ever they want or police or COs, don't want to get involved with First Nations rights.
Title: Re: Soowahlie Netting and Snagging:
Post by: dobrolub on September 15, 2016, 12:31:12 PM
If you don't want to be involved with FN rights get involved with yours! Exposing and calling on this behaviour will help you protect your fishing rights!
Title: Re: Soowahlie Netting and Snagging:
Post by: poper on September 15, 2016, 01:46:28 PM
I don't feel we have any fishing rights.
Title: Re: Soowahlie Netting and Snagging:
Post by: SilverChaser on September 15, 2016, 03:42:34 PM
What about public shaming? The power of social media...
Title: Re: Soowahlie Netting and Snagging:
Post by: grayman on September 15, 2016, 04:19:56 PM
There's no need to point out where they are exactly. Sounds like you may be fishing for a spot.

Then report it to the DFO/RCMP.  And when you do, make sure to include....
Day of the week:
Time frame that this is happening between:
Location and how it can be accessed:
Description of these guys (type of clothes, height/weight, ethnicity, gender):
Any vehicle license plates numbers plus the direction of travel if it is mobile:

Authorities rely on the information the public provides and when it's pretty shoddy info...well, don't expect them to do much.
Title: Re: Soowahlie Netting and Snagging:
Post by: Knnn on September 15, 2016, 04:42:46 PM
Yes the google map shows the reserve boundary correctly. 

Quite a bit of Soowahlie I.R. #14 is located on the north side of the river and the boundary is situated just west of the store. Therefore, you are crossing their land to access the river behind the store and therefore, while unpleasant in the manner it is conducted, I believe Soowahlie members have the right to ask you to leave their land.  It should also be recognized that the frustration, anger and/or bitterness that is witnessed may have been building over many, many years (probably generations) because of the continuous and on-going disrespect for their land and boundaries (not just fishing, but high speed traffic and dumping of garbage in their community).

I do not know if and how the Navigation Act applies in this situation, if you were to walk from upstream or downstream below the high water mark.  Anyone know?

If you want to know exactly where the reserve boundaries are located for any reserve in Canada, do this:

1) Go here: http://www.nrcan.gc.ca/earth-sciences/geomatics/canada-lands-surveys/11092#CLGoogleEarth

2) Scroll down to Canada Lands in Google Earth.

3) Download the Canada Lands Overlay.  It is a kmz file compatible with Google Earth 4.2 or later.

4) Make sure you have google Earth installed and just double click the kmz file and it will auto install

5) save in my places and search for any reserve, or just zoom into the map.

As to why people do not know that the reserve extends onto the north side of the river, its probably because they did not, and do not care, until their 'rights'  are infringed upon.  Also the Soowhalie Nation and membership (on the whole) did not create too much fuss about the public accessing the north side, just the south side.

This is exactly the same situation on Capilano I.R. 5, Squamish Nation, North Vancouver.  The members fish the east side of the Capilano estuary and even though the west side is also reserve land, they let others fish the west side (sometimes with a bit of good-natured bantering or sometimes bickering).  The Squamish will also take fish by snagging, nets and rock weirs.

I am not sure that DFO is obliged to respond to reports about FN harvesting techniques.  This may be a political issue or because it is a harvest (a selective food fishery under DFO permit) and therefore the method of harvesting is not relevant, except for the potential to harm bi-catch?

Does anyone know if the DFO specifies how the fish may or may not be harvested under permit?

If the RCMP got involved, they would most likely ask the angler (as the instigator, i.e. trespasser) to leave Soowahlie land.

There seams to be a lot of outrage on this forum, but it is not clear to me why?  Is it because anglers are being told they cannot fish this section of river, because the land owners are getting pissed and mouthing off at trespassers or is it the use of harvesting techniques that are not sporting?  Certainly there may be some Soowahlie members who are bad apples that harvest fish outside of permit conditions and limits and may use inappropriate techniques (which are?) etc, but every group has its bad apples.  We do not need to look very far within our own community at how much snagging goes on.  I wonder what the FN to Non-FN snag ratio is on the Vedder during salmon season.  I suspect the FN members may have less of an impact that us 'sporties', but that's purely a guess. 

Now where did I put my Nomex undies.....


Title: Re: Soowahlie Netting and Snagging:
Post by: Knnn on September 15, 2016, 04:47:42 PM
Methods are mentioned in permits

http://www.pac.dfo-mpo.gc.ca/fm-gp/species-especes/salmon-saumon/fisheries-peches/licence-permis-eng.html#First_Nations

Fisheries for food, social and ceremonial (FSC) purposes are authorized by a Communal Licence issued to individual First Nations organizations by Fisheries and Oceans Canada under the Aboriginal Communal Fishing Licences Regulations. Communal licences specify various conditions such as species, quantity, methods, location, and times. There are four general FSC licence categories.

Info on Aboriginal Communal Fishing Licences

http://www.pac.dfo-mpo.gc.ca/fm-gp/licence-permis/licence-rec-ab-aqua-sci-eng.html#Abor-Autoc

To provide for the harvest of fish for food, social or ceremonial (FSC) purposes and related activities, the Minister of Fisheries and Oceans issues communal fishing licences under the Aboriginal Communal Fishing Licences Regulations to Aboriginal groups. Communal fishing licences may specify fishing area, times, species, allocations, methods or other restrictions.

Only an individual who has been designated by an Aboriginal group may harvest fish for FSC purposes under the terms of the Aboriginal group's communal fishing licence.

AFS agreements contain other information related to the management of FSC fisheries and the issuance of communal fishing licences.

Does anyone know where I could find a link to the actual permit (Communal Licence) issued to Soowhalie?

I found an old one from 2014, here:

http://webcache.googleusercontent.com/search?q=cache:eeKDYd3WpKYJ:www.lffa.ca/downloadable-documents/fishing-licenses/2014-licenses%3Fdownload%3D495:chinook-license-for-weekend-of-july-11+&cd=1&hl=en&ct=clnk&gl=ca

It indicates that only certain types and sizes of nets must be used and all efforts must be made to return non-target species to the water alive and unharmed.

This suggests that snagging fish would not be condoned by DFO, but they are not willing to make this a issue for political reasons perhaps?  Maybe next time someone phones in a report ask DFO if this is an acceptable practice, allowable under DFO licences and do DFO ever take action to to prevent willful snagging?




Title: Re: Soowahlie Netting and Snagging:
Post by: GENERAL-SHERMAN on September 15, 2016, 10:35:16 PM
I think its time to have a gravel removal near the on the way store below "moneys" run. bringing the river back to its old path and closer to public eyes will dramatically reduce confrontations between rec anglers and band members.
Title: Re: Soowahlie Netting and Snagging:
Post by: glog on September 16, 2016, 08:24:26 AM
Thanks for the map KNNN. its interesting when you overlay on google the low water areas are excluded from the boundaries. This means as long as you don't not enter or leave within the white boundary lines you are NOT trespassing. There are very easy routes that one can see that do not enter into the FN land. So the high to low water mark is still in public land.
Title: Re: Soowahlie Netting and Snagging:
Post by: skaha on September 16, 2016, 09:51:19 AM
--It doesn't matter where we think the boundary is. Obvious that those kicking us out of the area have a different view.
--Similar conflicts have occured around many "private lakes".
--Google earth is just another view...it is not a document of legal truth. It should be used as a general guide only.
Title: Re: Soowahlie Netting and Snagging:
Post by: Fish or cut bait. on September 16, 2016, 09:53:13 AM
Google maps are not updated daily.
So for folks that do use Google Maps, remember these photos are dated, though the FN land in question just IS.



Title: Re: Soowahlie Netting and Snagging:
Post by: Knnn on September 16, 2016, 11:05:39 AM
--It doesn't matter where we think the boundary is. Obvious that those kicking us out of the area have a different view.
--Similar conflicts have occured around many "private lakes".
--Google earth is just another view...it is not a document of legal truth. It should be used as a general guide only.

The kmz overlay into Google Earth, which show the reserve boundaries, is based on legal surveys conducted by Natural Resources Canada (the kmz is provided by NRCAN) and based on the work we do no FN lands, they are within plus or minus 1 m to permanent features displayed in Google Earth. So they are pretty accurate.

Thanks for the map KNNN. its interesting when you overlay on google the low water areas are excluded from the boundaries. This means as long as you don't not enter or leave within the white boundary lines you are NOT trespassing. There are very easy routes that one can see that do not enter into the FN land. So the high to low water mark is still in public land.

Yeah I was wondering about that myself.  There is a section of the Squamish River that is reported to owned by someone who owns land either side of the river and apparently they have the right to stop fishermen walking up and down the river below the high water mark.  however, I have never confirmed this.  I have always assumed that under the Navigation Protection Act (previously the Navigable Waters Protection Act), anyone is entitled to move freely along "navigable" water below the HWL.

However, from limited research on the interzweb this right is no longer protected under the new Navigation Act:  "The Transport Department says that the right of navigation in any waterways not protected under the new act are still protected by Common Law". 

http://www.huffingtonpost.ca/2012/11/06/navigable-waters-act-canada_n_2081211.html

Stream and lake beds are crown property. This was affirmed by the 1894 North-West Irrigation Act and by a 1932 Supreme Court of Canada decision.
The law also recognizes a public right to navigate over navigable waters. However, the difficult legal question is what constitutes navigable waters. There is no federal or provincial law defining this, nor is there any list of waters the public can use.

In International Minerals & Chemical Corp. vs. Canada,regarding Cutarm Creek in east-central Saskatchewan, the court defined a navigable waterway as one where “the waters connect places which in the normal course would facilitate travel, even recreational travel, on a route that would have a likelihood of reasonable appeal to members of the public as a route to be travelled.”

While the public has rights to access and use navigable waterways, this right does not include the right to cross private property to get to such waterways.

http://www.fishingwithrod.com/yabbse/index.php?action=post;quote=379137;topic=40201.45#postmodify
http://www.producer.com/2004/03/public-access-to-waterways-on-private-property-the-law/

Title: Re: Soowahlie Netting and Snagging:
Post by: NothingToSnagAbout on September 16, 2016, 11:13:08 AM
Cool, so just keep a copy of the 1894 North-West Irrigation Act on me while wading and I should be fine?
Title: Re: Soowahlie Netting and Snagging:
Post by: poper on September 16, 2016, 12:13:17 PM
Yup, probaly should get it laminated just in case it gets wet.
Title: Re: Soowahlie Netting and Snagging:
Post by: Noahs Arc on September 17, 2016, 03:14:36 AM
The battle going on at Corbett lake just outside of Merritt comes to mind, although the owners have a little more money to throw at it.
Title: Re: Soowahlie Netting and Snagging:
Post by: sugartooth on September 20, 2016, 07:06:02 PM
Rodney. You mentioned that there is an ongoing email discussion about this issue. Are there any updates? 
Title: Re: Soowahlie Netting and Snagging:
Post by: Rodney on September 20, 2016, 08:50:06 PM
Rodney. You mentioned that there is an ongoing email discussion about this issue. Are there any updates?

So far the email has seemed to be one-way. ::) Only Chris and I are being noisy, the rest from the other side are busy I guess.
Title: Re: Soowahlie Netting and Snagging:
Post by: Johnny Canuck on September 20, 2016, 08:53:08 PM
So far the email has seemed to be one-way. ::) Only Chris and I are being noisy, the rest from the other side are busy I guess.

Busy smoking salmon?
Title: Re: Soowahlie Netting and Snagging:
Post by: RalphH on September 20, 2016, 09:07:39 PM
The battle going on at Corbett lake just outside of Merritt comes to mind, although the owners have a little more money to throw at it.


Do you even know who owns the Corbet Lake Lodge?
Title: Re: Soowahlie Netting and Snagging:
Post by: Noahs Arc on September 20, 2016, 09:23:54 PM


Do you even know who owns the Corbet Lake Lodge?

Yes I do Ralph I've been following this issue fairly closely aswell as on HBC where the issue has some legs.
Why do you ask?
Title: Re: Soowahlie Netting and Snagging:
Post by: Noahs Arc on September 20, 2016, 09:26:19 PM
Ralph do you know who he's married to? :P
Title: Re: Soowahlie Netting and Snagging:
Post by: bobby b on September 20, 2016, 09:45:12 PM
Walmart
Title: Re: Soowahlie Netting and Snagging:
Post by: RalphH on September 21, 2016, 06:05:41 AM
Ralph do you know who he's married to? :P


LOL, you don't know what you are talking about - Corbett is owned by  local Merrit people. There is no court case involving access to Corbett beyond trespass tickets  no do the owners have deep pockets to handle to costs of long term legal issues

You are confusing Corbett with DLC and Minnie Lake which is owned by Stan Kroenke a US Business man with a net worth of over 7 billion.

So much for your following the issue.
Title: Re: Soowahlie Netting and Snagging:
Post by: Noahs Arc on September 21, 2016, 07:14:17 AM
Not sure your issue here other then being a SD like usual. The issue involving the lake is an issue of access. Which is surrounded by Douglas lake ranch and Nicola. Seems like this is an old topic now anyways and off topic for this thread.
Feel free to pm me if you'd like to tell me how wrong I am some more, or just read your sig and apply!
Title: Re: Soowahlie Netting and Snagging:
Post by: RalphH on September 21, 2016, 07:40:42 AM
no Corbett lake isn't surrounded by DLC land. I am sure you've never stepped on any of the land owned which involves 3 different owners or even been there.

That's the issue - you can't get your facts straight, the people involved, the issues and where there is a court case or not.

you and many others here don't know the difference between 1st Nations Reserve land, 1st Nations title and rights and Fee Simple land ownership, yet you build strong opinions on a bedrock of ignorance.
Title: Re: Soowahlie Netting and Snagging:
Post by: Noahs Arc on September 21, 2016, 07:47:06 AM
http://thetyee.ca/News/2015/12/07/Nicola-Valley-Local-Anglers/
Title: Re: Soowahlie Netting and Snagging:
Post by: Noahs Arc on September 21, 2016, 07:49:00 AM
http://globalnews.ca/news/1804905/nicola-valley-fish-and-game-club-suffer-legal-setback-in-douglas-lake-dispute/
Title: Re: Soowahlie Netting and Snagging:
Post by: RalphH on September 21, 2016, 08:26:36 AM
You know these reports refer to different places right? Corbett Lake lodge is not owned by DLC though they own part of the eastern shore of the lake - on which there is no contention of public access. Reports Kroenke owned the lodge were in error. The issue with both Corbett & Minnie lake have to do with the highways act - not with public access to public lakes.
Title: Re: Soowahlie Netting and Snagging:
Post by: Noahs Arc on September 21, 2016, 08:30:43 AM
Odd because DLCC sued the fish and game club for trespassing no?
Title: Re: Soowahlie Netting and Snagging:
Post by: Rodney on September 21, 2016, 09:04:36 AM
What Ralph is saying is that you're confusing Corbett Lake Lodge with Douglas Lake Ranch. The two issues are separate.
Title: Re: Soowahlie Netting and Snagging:
Post by: Limie99 on September 21, 2016, 09:28:22 AM
 


Actually Rod, I don't think they are.....both issues are about public access....a public road to a public boat launch which has been fenced off and a public road that has a government gate padlocked by a private land owner to a public lake.

See attached link:

 https://www.google.ca/url?sa=t&rct=j&q=&esrc=s&source=web&cd=23&cad=rja&uact=8&ved=0ahUKEwiggLuQ6qDPAhVM6YMKHQE2AOw4FBAWCCcwAg&url=http%3A%2F%2Fglobalnews.ca%2Fnews%2F2462009%2Fcourts-to-decide-public-access-to-prized-fishing-lake%2F&usg=AFQjCNERKqqhNww6Er2p3V7rVmKOlYmgOw
Title: Re: Soowahlie Netting and Snagging:
Post by: Limie99 on September 21, 2016, 09:33:10 AM
ooops sorry Rod....I missed the lack of connection between Corbett Lake Lodge and Douglas Lake Cattle Company....thought you guy's were talking about public access. 
Title: Re: Soowahlie Netting and Snagging:
Post by: RalphH on September 21, 2016, 05:28:22 PM
Best I know there is no pending court case against Corbett Lake Lodge re: the former boat launch. Having been there and used the launch when it was open over 20 years ago I find it laughable to call it a highway or a road. The launch itself has filled in and disappeared years ago.

I've read the transcript of the preliminary hearing in the case against DLC and many of the claims regarding public right of access to Minnie Lake on the DLC near Stoney Lake Lodge were also of dubious merit or at least so said the judge, the counsel for the Province and for the NVFGC as well. The gated road shown in the video was once a public road and now provides partial access to Stoney and Minnie Lakes. NVFGC claims the road should still be public according to the 'once a highway always a highway' clause of the Act, but the Province traded it off for a shorter route over 40 years ago.

Apparently NVFGC has been advised to expect legal costs of $250g for the Minnie Lake/DLC case alone - at $100g they are well short. They appealed to the Court for public funding to sue DLC and the Province over the issue but the judge turned them down. Best I know there is no court case date set pending the club securing funding.
Title: Re: Soowahlie Netting and Snagging:
Post by: Dave on September 21, 2016, 06:00:29 PM
C’mon guys, I know I am as guilty as any for derailing a thread but this is getting silly.  The original post by buck was about Soowhalie band members snagging and netting fish on the Chilliwack River.
Last I heard this practice has stopped, most likely the result of negative social media and perhaps more importantly, the actions of band chief Brenda Wallace.
Spoiler nailed this earlier … Wallace is a bright lady and would not want any bad PR between anglers and Soowhahlie members.
Title: Re: Soowahlie Netting and Snagging:
Post by: dave c on September 21, 2016, 07:09:00 PM
C’mon guys, I know I am as guilty as any for derailing a thread but this is getting silly.  The original post by buck was about Soowhalie band members snagging and netting fish on the Chilliwack River.
Last I heard this practice has stopped, most likely the result of negative social media and perhaps more importantly, the actions of band chief Brenda Wallace.
Spoiler nailed this earlier … Wallace is a bright lady and would not want any bad PR between anglers and Soowhahlie members.
Is it okay to fish on north side of river now, or will one still be threatened if fishing there?
Title: Re: Soowahlie Netting and Snagging:
Post by: Tylsie on September 21, 2016, 07:20:03 PM
I hope the snagging has stopped, and be surprised if it hasn't. It would not be in the best interests of the First Nations to have videos released. No on cares about anglers, but the public...

As for the the other discussion, it is 2 seperate issues. Unless things have changed the Minnie/Stoney access case is set to go to court in January 2017. As for the Corbett Lake, the official maps up until the late 80s or very early 90s (I am away right now and can't remember) clearly show that the one corner, the one that the members of the NVFGC use to access it, belongs to the highways and is Crown Land. No one is claiming that the other 95% of the land surrounding the lake is private. It has been asserted that the land may have been deeded in exchange for other property but numerous FOI requests have failed to provide anything. There is no date, no contract, nothing. All it would take is the Resort or the Province to provide proof that the land was transferred sometime in the last 20 years and the whole issue would be dead in its tracks. Instead you people charged with trespassing, the charges dropped, and the Crown officially saying that ownership is in dispute. It is a mess!

In my opinion, everyone should donate to the NVFGC. Even if the court decides that the highways act does not apply they at least are trying to fight for public access. I have seen many many lakes closed off in my life time and I am only 35.
Title: Re: Soowahlie Netting and Snagging:
Post by: Rieber on September 21, 2016, 07:56:07 PM
Is it okay to fish on north side of river now, or will one still be threatened if fishing there?

I would recommend staying out of that area. Why go fishing when you'll be looking over your shoulder every 15 seconds? Where are you going to park without getting your windows smashed? Not worth the confrontation - just my opinion.
Title: Re: Soowahlie Netting and Snagging:
Post by: RalphH on September 21, 2016, 09:44:46 PM
Priceless Dave! Here where some members are conditioned to react to reports of some 1st Nations people 'misbehaving' as Pavlov's Dog reacted to his dinner bell. On vacation traveling some 4000 k through the Province ( I just got home on Sunday)  I read some of the responses steeped in general ignorance and was glad I lacked the time or resources to respond. Good to hear people follow wise counsel. I like Rieber's approach. I never presume to preach to 1st nations folks exercising their rights to fish as they understand them - I just say good morning - how's the fishing for you, what are you trying to catch this time of year? Then I watch how they relax just with just the  exchange of simple pleasantries.
Title: Re: Soowahlie Netting and Snagging:
Post by: dave c on September 22, 2016, 11:42:09 AM
I would recommend staying out of that area. Why go fishing when you'll be looking over your shoulder every 15 seconds? Where are you going to park without getting your windows smashed? Not worth the confrontation - just my opinion.
park at on the way store. Are windows being smashed there?
Title: Re: Soowahlie Netting and Snagging:
Post by: Rieber on September 22, 2016, 12:15:33 PM
I've seen glass there before - I used to fish that back run quite often but no more. I really don't think natives would smash glass there but the damn thieves will. Having said that, thieves will smash windows everywhere to a point where it's one of the reasons that I don't bother to go anymore. Heck, Sockeye were on sale at Save On a couple days ago for right around $20 for a clean, head off fish. One broken window claim costs me $300 so I would much rather put 15 sockeye in the freezer and not stress over river fishing problems.

Anyways, I can't even worry about that these days, I got rear-ended on Hwy 99 about 6 weeks ago which dislocated my shoulder and buggered my neck and back so I'll be very surprised if I get to go out to the Vedder this season. Physio two times a week and I'm fearing that surgery might be required.
Title: Re: Soowahlie Netting and Snagging:
Post by: trootn on September 22, 2016, 05:59:43 PM
I've seen glass there before - I used to fish that back run quite often but no more. I really don't think natives would smash glass there but the damn thieves will. Having said that, thieves will smash windows everywhere to a point where it's one of the reasons that I don't bother to go anymore. Heck, Sockeye were on sale at Save On a couple days ago for right around $20 for a clean, head off fish. One broken window claim costs me $300 so I would much rather put 15 sockeye in the freezer and not stress over river fishing problems.

Anyways, I can't even worry about that these days, I got rear-ended on Hwy 99 about 6 weeks ago which dislocated my shoulder and buggered my neck and back so I'll be very surprised if I get to go out to the Vedder this season. Physio two times a week and I'm fearing that surgery might be required.
So if you dont want to go fishing whats the point of going on a fishing forum? If you notice one area with lots of break-ins its time to look for a new spot!
Title: Re: Soowahlie Netting and Snagging:
Post by: Rieber on September 22, 2016, 07:00:24 PM
So if you dont want to go fishing whats the point of going on a fishing forum?

Ha, ha what? That's really good. I didn't do anything news worthy but I still read the newspaper. I don't need a new boat but I check the Craigslist ads. I don't need or want another wife but I'll still take a glance at a woman. I don't hunt bear anymore because I know Milo walks among them.

What's this have to do with squirrel turds - nothing but nuts.

If you notice one area with lots of break-ins its time to look for a new spot!
  Park where you want. What do I care? Your point is good though. Personally, if I see a lot of vandalism activity - I tend to keep out of there.
Title: Re: Soowahlie Netting and Snagging:
Post by: Tex on September 23, 2016, 09:12:40 AM
So if you dont want to go fishing whats the point of going on a fishing forum?

LOL... that is not only embarrassing reading comprehension, it's embarrassing rationale.  ???
Title: Re: Soowahlie Netting and Snagging:
Post by: dobrolub on September 23, 2016, 09:21:29 AM
Ha, ha what? That's really good. I didn't do anything news worthy but I still read the newspaper. I don't need a new boat but I check the Craigslist ads. I don't need or want another wife but I'll still take a glance at a woman. I don't hunt bear anymore because I know Milo walks among them.

What's this have to do with squirrel turds - nothing but nuts.
Your posts are awesome Rieber. I thoroughly enjoy them.
PS. Oh, ya, get well :)
Title: Re: Soowahlie Netting and Snagging:
Post by: Knnn on September 23, 2016, 10:04:27 AM
Anyways, I can't even worry about that these days, I got rear-ended on Hwy 99 about 6 weeks ago which dislocated my shoulder and buggered my neck and back so I'll be very surprised if I get to go out to the Vedder this season. Physio two times a week and I'm fearing that surgery might be required.

Ouch, sorry to hear that.  Tell you what, I'll do you a favour.  Let me know where all your honey holes are and I'll fish them for you and report back so you can vicariously live though my reports?  :) 

 Back and neck issues are serious business, so good luck with the physio and not having to need surgery.

Title: Re: Soowahlie Netting and Snagging:
Post by: Rieber on September 23, 2016, 10:54:17 AM
Thanks for the luck on the physio. My honey holes are no secret. River changes every year so any place close to the bank under branches where the water slows a bit and is at least waist deep works for me on the fly. Only problem is once a gear chucker sees you hook up, they bee-line it to you to get in on the action.

No worries, any suitable water where there isn't anyone else on it is the water that I target.  Good luck.