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HomeMy WebLinkAboutCLD-010-13 Clarftwn REPORT CLERK'S Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 25, 2013 Resolution#: d194-155-1-3 By-law#: Report#: CLD-010-13 File#: Subject: REGULATING FISHING ON BOWMANVILLE CREEK RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-010-13 be received; 2. THAT the area beginning at a point approximately 120 metres north of the dam to a point 120 metres south of the dam be signed "No Trespassing" in order for the illegal fishing in this area to be enforced; 3. THAT the Ministry of Natural Resources be requested to enforce the trespass provisions of the Fish and Wildlife Conservation Act in this area; and 4. THAT the interested parties listed in Report CLD-010-13 be advised of Council's actions. Submitted by: 'Reviewed by: Pa rrie Franklin Wu, Municipal Clerk Chief Administrative Officer PLB/LDC CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.: CLD- 010 -13 1. BACKGROUND At the December 17, 2012 Council meeting, Council approved the following Resolution #GPA- 590 -12: PAGE 2 THAT the delegation of David Lawson, President of the Bowmanville Creek Anglers, regarding enforcement of illegal fishing at Bowmanville Creek, be referred to Staff for a report to consider passing a by -law regarding posting a sign on the Bowmanville Creek, north of the dam to the "area where the two channels meet ", as "no trespassing for the purposes of fishing ", - and THAT Staff be directed to draft a letter of support to the Ministry of Natural Resources regarding the enforcement fines being directed to the Municipality. Over the last year the Municipality has been involved in a project to help rebuild the diversion channel (Fish Ladder) on the Bowmanville Creek at the dam and west of the Veyance Technologies Canada (VTC) building at 45 Raynes Avenue. The Bowmanville Creek at this location crosses onto the VTC lands and the area is leased by the Municipality. Concerns have been raised over illegal fishing in this area. The delegation at the December 17th GPA meeting requested signs be posted to prevent further fishing around the diversion channel. 2. NO FISHING AREA The Bowmanville Creek Anglers have requested that an area beginning at a point approximately 120 metres north of the dam to another point 120 metres south of the dam be designated as a "no trespassing for the purpose of fishing area ". This will help to preserve and protect the fish as they progress through the ladder and provide a recovery area for them to the north while also creating an area where the public will be encouraged to come and watch the fish as they work their way north. There are two options for creating a safe area for the fish. The first is for the Ministry of Natural Resources to designate the area as a fish sanctuary and thus prohibit any fishing activity with the sanctuary. The second option is for the property owner to post No Trespassing signs in the desired area. Once posted, the Ministry may act to enforce the Notice. Section 10(1) of the Fish and Wildlife Conservation Act, 1997 S.O. 1997, C 41 states: 10, 1 A person shall not, (a) enter premises in contravention of the Trespass to Property Act for the purpose of hunting or fishing; REPORT NO.: CLD- 010 -13 PAGE 3 The Municipality of Clarington does not own the subject property, it is owned by Veyance Technologies Canada. The Municipality does however hold the lease to the property. As such they are the "occupier" of the land as defined in the Trespass to Property Act RSO 1990, c. T21. The Trespass to Property Act defines an occupier as including: (a) a person who is in physical possession of premises, or (b) a person who has responsibility for and control over the condition of premises or the activities there carried on, or control over persons allowed to enter the premises, Pursuant to this definition, the Municipality has the right to set out areas prohibiting trespass. This creates an area where the MNR Officers could enforce the trespass provisions of the Fish and Wildlife Conservation Act using the Act itself. This carries a maximum fine of $25,000.00, far higher than the $2,000.00 provided for in the Trespass to Property Act. There is no need for a separate by -law to be passed to effect this outcome. A resolution of Council to authorize the creation of the No Trespassing Area at the diversion channel would suffice. Staff have contacted the Ministry of Natural Resources to advise them of this proposed action. 3. CONCURRENCE This Report has been reviewed by Andrew Allison, Municipal Solicitor, who concurs with its recommendations. 4. CONCLUSION In order for the area requested by the Bowmanville Creek Anglers to be designated as a "No Trespassing for the Purpose of Fishing" area, it is respectfully recommended that a resolution to that effect be passed. 5. CONFORMITY WITH STRATEGIC PLAN — The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: Promoting economic development Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure X Showcasing our community Not in conformity with Strategic Plan REPORT NO.: CLD- 010 -13 PAGE 4 The creation of this sanctuary will encourage the public to come out and watch the fish as they make their way through the diversion channel. Staff Contact: Len Creamer; Manager, Municipal Law Enforcement INTERESTED PARTIES • David Lawson • Ministry of Natural Resources