Picked this up off a post in a local fishing forum. Seems like it would apply to our paddlers that like to fish. And with all the politics on the pond lately I thought I would post it here. Know your rights!
It has recently been brought to my
attention that on some waterways in Niagara fishermen are being
harassed. What we need to know as fishermen is that if you are
legally fishing, then no
one has the right to interfere with you.
By
legally fishing there are some criteria that you will need to meet:
- Have your fishing lisence on you, and be sure it is appropriate for the fish that you are targeting.
- Make sure you are not trespassing and that you are on a public waterway, or have proper permission to be on the waterway if it is private.
- Make sure you are following the regulations. (Having regulations and knowing them do you no good if you are not following them)
Provided
you meet the criteria, then there is something you should, know and
it is part of a little piece of legislation called the Fish
and Wildlife Conservation Act, 1997. In
the act you will find the following section:
13. (1) A person shall not
interfere with lawful hunting, trapping or fishing by,
(a) tampering with traps, nets,
bait, firearms or any other thing used for hunting, trapping or
fishing;
(b) placing himself or herself in a
position, for the purpose of interfering, that hinders or prevents
hunting, trapping or fishing; or
(c) engaging in an activity, for the
purpose of interfering, that disturbs or is likely to disturb
wildlife or fish.
If you are doing
your part and following the regulations and someone is harassing you,
then you need to inform them that they are in contravention of the
Fish and Wildlife Conservation act section 13(1). If they fail to
respond and continue to harass you then you have the right to contact
the Ministry of Natural Resources and ask for them to enforce this
section of the act.
Hint: If you are like a large
portion of the population you may have a smart phone, in which case
you would most likely have the ability to record the conversation or
even make video of it if you think that you may need proof of the
interaction. Of course you should never show agression and put
yourself or anyone else at risk. Another thing to consider is that
even if someone else is breaking the law by harassing you, it doesn't
give you the right to break any laws in retaliation. Always be
respectflul. Be firm, inform them of the contravention and go about
your business. Never let things escalate. If anyone threatens you,
then they are also breaking criminal legislation which would mean
that you need to report to the MNR and the police.With any sign of
agression you should remove yourself from the situation and report it
immediately!
Niagara Regional
Police 905-688-4111
MNR Toll free:
1-800-667-1940 (Monday to Friday 8:30 am to 5:00 pm)
Below are some
links with information:
Fish
and Wildlife Conservation Act
http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_97f41_e.htm#BK15
MNR
contact
http://www.mnr.gov.on.ca/en/ContactUs/index.html?CSB_ic-name=topMenu&CSB_ic-info=contact-us_Eng
Ontario Federation of Anglers and
Hunters article
http://www.ofah.org/news/Enforcement-key-to-addressing-harassment-of-anglers-and-hunters
In summary, I would suggest the we all
have section 13(1) of the Fish and Wildlife Conservation Act printed
out and stored with us in our tackle boxes. This way we can educate
people when they harass us. But again, never let yourself be in a
volatile situation, it's just not worth it. If you sense any sort of
danger leave and report immediately!
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