Shore fishing at Wab Illegal???

carterM · #1 05-20-2013, 09:49 PM

So I just got a call from my sister in law. Her boyfriend was out fishing at Wab from shore near the tressel outside of moonlight bay. He got a ticket from fishing from shore... I have never heard of a regulation like that before... Anyone know anything about this??

new LT · #2 05-20-2013, 09:52 PM

Quote:

Originally Posted by carterM

So I just got a call from my sister in law. Her boyfriend was out fishing at Wab from shore near the tressel outside of moonlight bay. He got a ticket from fishing from shore... I have never heard of a regulation like that before... Anyone know anything about this??

not sure of the area there but could he have been on railway property?

diamond k · #3 05-20-2013, 09:53 PM

Was he by chance on the bridge. Only thing I can think of unless we are missing some details

Lefty-Canuck · #4 05-20-2013, 09:57 PM

How many fish were on his stringer? That might have something to do with it...

LC

carterM · #5 05-20-2013, 10:00 PM

I'm told he wasn't on the bridge at the time. Would have had to cross the tracks to get to where I suspect he was. But I'm told that he was told (stories like that are always so reliable aren't they??) that you're only allowed to fish from a boat now...

carterM · #6 05-20-2013, 10:02 PM

Quote:

Originally Posted by Lefty-Canuck

How many fish were on his stringer? That might have something to do with it...

LC

Naw, he's smart enough to hide them in the grass around him

StandsAlone · #7 05-20-2013, 10:21 PM

Why is it every thread a guys asks a simple question and somebody has to come back with a stupid and snide remark.

Lefty-Canuck · #8 05-20-2013, 10:24 PM

Quote:

Originally Posted by StandsAlone

Why is it every thread a guys asks a simple question and somebody has to come back with a stupid and snide remark.

If you are directing your post towards me....it is called levity, a joke, a funny, a comic relief....

LC

carterM · #9 05-20-2013, 10:27 PM

Just got hold of the guy. Here's the story I'm getting.

He was there with his brother fishing. A couple of guys were playing chicken on the tracks (not sure what that means...) so someone called the cops. I guess him, his brother and 5 other people got tickets for trespassing (he was under the bridge at the time) and were told that you can only fish Wabamun from a boat.

He doesn't think it was a CO that wrote the ticket. I'm not sure if he'd know though to be honest. They said they'd handed out over 20 tickets for it that day...

carterM · #10 05-20-2013, 10:27 PM

Quote:

Originally Posted by Lefty-Canuck

If you are directing your post towards me....it is called levity, a joke, a funny, a comic relief....

LC

Hence the

at the end of it.

Lefty-Canuck · #11 05-20-2013, 10:30 PM

Quote:

Originally Posted by carterM

Hence the

at the end of it.

At least you got it

.....sounds like it was the "Rail Police" that handed out the tickets to me.

LC

carterM · #12 05-20-2013, 10:37 PM

So here's a question... How far from the tracks does CN actually own? Is this a spot dependent kind of thing, or is there some standard that says they own all land within X feet from the side of a rail line?? I would like to know as I have fished there myself and don't really feel like getting a ticket for it...

ETOWNCANUCK · #13 05-21-2013, 12:12 AM

Quote:

Originally Posted by carterM

So here's a question... How far from the tracks does CN actually own? Is this a spot dependent kind of thing, or is there some standard that says they own all land within X feet from the side of a rail line?? I would like to know as I have fished there myself and don't really feel like getting a ticket for it...

Don't play chicken with trains and people won't call the cops. So if your fishing there the likelyhood of incurring a ticket is minimal. Sounds like he got a tresspassing ticket, and the CN boys told him he couldn't fish from there just to get him to move along.

Fishing_Junkie88 · #14 05-21-2013, 12:13 AM

Yes cn owns all propert within a certain radius of the mainline.

DiabeticKripple · #15 05-21-2013, 12:16 AM

they should have signs posted saying something like no fishing within 30m or something

Rennich98 · #16 05-21-2013, 12:27 AM

Quote:

Originally Posted by Lefty-Canuck

If you are directing your post towards me....it is called levity, a joke, a funny, a comic relief....

LC

I thought it was funny...

carterM · #17 05-21-2013, 12:37 AM

Quote:

Originally Posted by DiabeticKripple

they should have signs posted saying something like no fishing within 30m or something

X2

We found the place a few years ago. Had no idea we were trespassing. It's also not rare to find others down there. Often times there's 3 or more others down there. So I would say there's a lot of people who aren't aware they are trespassing. Getting a ticket is a pretty harsh way to find out you're even breaking a law.

Also, the guys playing chicken on the tracks were neither fishing nor with him. So them being stupid caused at least 7 people fishing there to get trespassing tickets...

I guess I will have to stand in the lake. Nobody can claim to own that.

HuyFishin · #18 05-21-2013, 12:40 AM

[QUOTE=carterM;1973349]
I guess I will have to stand in the lake. Nobody can claim to own that.[/QUOQUOTE

Lol how do u get in the lake without tresspassing to start with

carterM · #19 05-21-2013, 12:53 AM

Quote:

Originally Posted by sushi_man

Lol how do u get in the lake without tresspassing to start with

Obviously I would swim from the town site to wherever I wanted to go.

Rennich98 · #20 05-21-2013, 01:13 AM

I personally think there should've at least been a warning first if there was no signs to show that they were on CN property...

ice · #21 05-21-2013, 02:11 AM

Railway property usually extends 50 feet from the center of the track, Unless going through private property. In wich case there should be a fence marking the property line unless it is commercial property.

Lefty-Canuck · #22 05-21-2013, 07:47 AM

Quote:

Originally Posted by Rennich98

I personally think there should've at least been a warning first if there was no signs to show that they were on CN property...

X2

If the rail folks don't want people there then there should be some due diligence in signage or fences to keep people away....they are as guilty as the trespassers in creating an issue, if I am not mistaken that area is accessible by foot....

If I was wading there flyfishing and they tried to give me a ticket....good luck, they would have to come out to the water to give it to me I wouldn't be giving my ID to just anyone.

LC

TrollGRG · #23 05-21-2013, 09:31 AM

Am I missing something here?

1. Railroad police cannot give your any type of ticket for fishing

2. What does the ticket say? Anything about fishing?

curtis_rak · #24 05-21-2013, 09:45 AM

If guys were acting like idiots around the train tracks on Moonlight Bay then I don't feel too sorry for them for getting a trespassing ticket.

If they were, in fact, playing "chicken" on the bridge then they deserve it and maybe wont do it again?

Also, the rail police technically can enforce any provincial and federal statute, which would include fishing violations. Its not their primary job, but like any police officer (including EPS, CPS, RCMP etc) they can enforce the acts.

BGSH · #25 05-21-2013, 12:14 PM

Quote:

Originally Posted by carterM

X2

We found the place a few years ago. Had no idea we were trespassing. It's also not rare to find others down there. Often times there's 3 or more others down there. So I would say there's a lot of people who aren't aware they are trespassing. Getting a ticket is a pretty harsh way to find out you're even breaking a law.

Also, the guys playing chicken on the tracks were neither fishing nor with him. So them being stupid caused at least 7 people fishing there to get trespassing tickets...

I guess I will have to stand in the lake. Nobody can claim to own that.

Hey buddy how ya been congrads with the new one. Was it j.p lol. I personal will tell the cop I didn't think it was a working track because there are no trespassing signs.

BBJTKLE&FISHINGADVENTURES · #26 05-21-2013, 12:47 PM

Quote:

Originally Posted by BGSH

Hey buddy how ya been congrads with the new one. Was it j.p lol. I personal will tell the cop I didn't think it was a working track because there are no trespassing signs.

There don't have to be no tresspassing signs . If your on someone's property and you don't have permission being there our tresspassing .

Is no different then the guy who drives his truck through the farmers field to shoot a deer .

To me it sounds like buddy walked across the tracks over the bridge to fish they got ticketed for tresspassing . To me it sounds like an open and shut case .

Ebrand · #27 05-21-2013, 03:08 PM

Who would have thought walking across the train tracks would be illegal? Come on folks this is not complicated. Trains are dangerous (especially when you play chicken with them). The tracks and bridges are private property. No permission=trespassing.

Are there not portions of Wabamun that were closed for fishing till today? If so then yes shore fishing would get you a ticket. Probably get a ticket for fishing from a boat in closed waters too.

carterM · #28 05-21-2013, 03:21 PM

Quote:

Originally Posted by Ebrand

Who would have thought walking across the train tracks would be illegal? Come on folks this is not complicated. Trains are dangerous (especially when you play chicken with them). The tracks and bridges are private property. No permission=trespassing.

Are there not portions of Wabamun that were closed for fishing till today? If so then yes shore fishing would get you a ticket. Probably get a ticket for fishing from a boat in closed waters too.

Problem is you don't have to cross over any tracks to get there. You're walking alongside the tracks, then drop down to the lake level and cross under the bridge. I'm guessing crossing under the bridge is where the law was broken. Also of note, the guys playing chicken with the trains were not with the guys that got the tickets.

In this case, yes it's a case of trespassing. What got me to start this thread is that the person that wrote the ticket said that it is against the law to fish from shore at Wabamun lake, you can only fish it from a boat. They also said they had already written over 20 tickets for it that day alone... Seeing as they only handed out 7 at this incident, that implies at least one other one.

Now I don't know who it was that wrote the ticket so I was trying to figure out if there was any truth to this statement.

Is a given area surrounding a lake crown land? If so, do they not have to actually witness you breaking a law (trespassing) to write up a ticket?

carterM · #29 05-21-2013, 03:27 PM

Quote:

Originally Posted by BGSH

Hey buddy how ya been congrads with the new one. Was it j.p lol. I personal will tell the cop I didn't think it was a working track because there are no trespassing signs.

Thanks man. It wasn't J.P. I haven't seen him in quite a while. I think the argument that it wasn't a working track would be hard to make when there was a train running by on it every 15 minutes...

Wild&Free · #30 05-22-2013, 08:03 AM

Quote:

Originally Posted by carterM

Is a given area surrounding a lake crown land? If so, do they not have to actually witness you breaking a law (trespassing) to write up a ticket?

Private property boundaries usually extend under the surface of the water. Riparian way allows you to travel over that land on a boat, or to moor on the shore in case of emergency but that's about it as far as I understand fishing shorelines on private property. Some properties are deeded to the waters edge, this is the high water mark, or area of established vegetation, anything below that is part of the water body and not private; usually riverside properties are like this.

To the last question, if the rail officer went to the area and saw you within the boundaries of CN property then he in fact witnessed the trespass.