you might as well post what was posted on another forum....
Thank you for your enquiry.
The reference on page 9 of the Summary comes from a provision of the
Fisheries Act (section 27) which gives protection to fish as they
encounter any obstacle to their movement upstream. The term obstacle
should be given its ordinary interpretation; it could be natural such as a waterfalls or man made such as a dam. The more important consideration is whether or not the fish below the obstacle is obstructed by the waterfalls or dam (does it have any ability or likelihood of getting over) or is the fish in the area because it simply provides food, cover or spawning habitat for the fish.
If there is little or no likelihood of the fish moving past the obstacle (a bass or pike at any kind of leap for example) then in intent of section 27 is not harmed; on the other hand if the fish is a pacific salmon and the dam is low then fishing for salmon during the fall spawning run (within 75 yards downstream of the obstacle) would be prohibited.
So, when thinking about this restriction the angler needs to consider
both the type of fish and the time of year.
I've attached a link to the Fisheries Act so that section 27 can be read
in context:
http://laws.justice.gc.ca/ en/f-14/240479.html
Hope this helps.
nric-web reader-kc
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if you compare what he was saying to what i've highlighted below, it appears that he's got it right. "lower entrance" refers to a place where the fish can enter the fishway to swim upstream. how can a fish enter something if it can't jump high enough to enter?
also, if you look at section 27 they're talking specifically about fishways and dams that are indeed passable by fish.
Fish-ways and canals
27. No one shall
(a) damage or obstruct any fish-way or canal built, constructed or used to enable fish to pass over or around any obstruction;
b) do anything to stop, impede or hinder fish from entering or passing the fish-way or canal or to stop, impede or hinder fish from surmounting any obstacle or leap; or
(c) fish in any manner within twenty-five yards downstream from the lower entrance to any fish-way, canal, obstacle or leap.
after reading the fisheries act, i'd assume you're 100% legal to fish a dam that is impassable by fish and the act is forbidding fishing within 25m of any obstacle that allows fish to pass.
remember, the regs are simply a much simpler version of the fisheries act hence the name "fishing regulations summary"
that said, i'm staying away from every dam to avoid any potential headaches from confused folks, including CO's