DonAndersen

I've watched the Taxi/Uber story in Calgary with interest. The big question is: why do cities legislate taxi companies activities at all? They don't legislate a whole whack of other businesses except for whorehouses and bars. Why is the taxi business given such a hard time? And the big question is who cares? Don

[quote name="dryfly" post "Dicky Birds and Snails get a sack full." Just wait until Shannon orders ACA to "do something" about climate change. She is on a huge ego and power trip and we are all going to pay and nothing will change except money will be diverted away from REAL environmental protection. Every million dollars wasted on imaginary climate solutions that stroke Shannon's ego will not be available for protection of fisheries and wildlife .... and hospitals for that matter. Clive Clive, Unlike the 50+ years of Govt doing damnlittle about fisheries, a river closure this year plus a Areation policy done in less than 5 years has to be good for both fishermen and fish. If she's in a power trip and after watching her be offended by "Cowboy Welfare" and her depts actually doing something, I hope her Power Trip lasts. And I tried to get a phone call to McLeod who is responsible for Police and was successful. I'll keep trying. Don

It is worth you time to check out tbe ACA programs and see where your money is spent. Not a lot on fish or hunting. Dicky Birds and Snails get a sack full. Don

Sean, The money is coming from the ACA directly from levies on fishing and hunting Incenses. Regards, Don

Thanx for posting the Govts position. Two questions remain. 1) why is Police Outpost Lake not on the list? 2) how will the ACA respond. Regards, Don

Paul, This guy in Victoria, BC has a good selection of guides. http://www.rodbuildersupplies.com Dealing in the US, try mudhole.com And for a British Flavor my favourite supplier is http://www.hopkinsholloway.co.uk I'd use a very light guide to reduce swing weight. Some spin guides are quite heavy. Regards, Don

Try this one. http://www.rodbuilding.org/library/spinningNGC.pdf And what make are you using? I used ATENA Foul proof on the bamboo spin rods I made. Regards, Don

Monger, That is just a wonderful idea. Quads there an no where else. Don

At school, Little Johnny was told by a classmate that most adults are hiding at least one dark secret, and that this makes it very easy to blackmail them by saying, "I know the whole truth." Little Johnny decides to go home and try it out. He goes home, and as he is greeted by his mother. He says, "I know the whole truth." His mother quickly hands him $20 and says, "Just don't tell your father." Quite pleased, the boy waits for his father to get home from work, and greets him with, "I know the whole truth." The father promptly hands him $40 and says, "Please don't say a word to your mother." Very pleased, the boy is on his way to school the next day when he sees the mailman at his front door. The boy greets him by saying, "I know the whole truth." The mailman immediately drops the mail, opens his arms, and says, "Then come give your daddy a great big hug!"

Clive, Plus I ruined the afternoon of the county when I pointed out the issues on their aerated sewage lagoon at Nordegg. Plus I pointed out the approvals for farm sewage systems. Got a meeting with town today. Gonna ruin their day. Hopefully get through to someone in Calgary regarding the sewage outflow. Pressure by large cities, municipalities, businesses etc will have a lot more effect than a few fishermen. Regards, Don

Going on now. http://assemblyonline.assembly.ab.ca/Harmony/pb3/powerbrowser_Desktop.aspx?ContentEntityId=2908&EssenceFormatID=75&date=20151027&browser=0

Do recall that the holding dam may only be used for 100 year floods. Every <> 100 years, the land will be underwater. Till then, the dam , if operated correctly, could provide Calgary with a park within biking distance of the city. And the best part, the park will not have ski hills or ice cream stands. A true wild land park. Now, the danger will be if the land doesn't flood often enough, people will attempt to move onto it. Do recall Ralphie relaxed the "flood plain" rules. Don

Clive, Just so ya' know - the last revision of the law was done in 1988 during the reign of Brian Mulroney. What do ya' expect but absurd? And are you going to write the Minister of Parks and your MLA.? regards, Don

Clive, All I got was an email from Todd which is copied above. I had expected that the ACA would get something up on their web site. So far, I can't find anything Don

Weedy. Not all of Canada - just the pooping part. Then all Cdn's will be really full of shitt - just not FF types. Don

Guys, I suspect that the list of man made open water in ice operations/processes is near endless. Some leave Govts who authorized or designated open water holes at risk. One that arose the other day were pump out sewage lagoons who have to be fenced. I was told that a typical 3 wire barbed wire fence was required. A 3 wire fence is certainly not "idiot Proof". All of these issues place a lot of responsibility on Govts and businesses to get the law revised. Over the next while, we as sportsman will be requested to write our respective MLAs & MPs detailing the issue and require a change to the law. I trust that as least some of you will make the effort. Regards, Don

Folks, Copied Peter's post. Following discussion at the Fisheries Management Roundtable on Saturday, the ACA released this statement today. "AERATION AND ISSUES ARISING FROM SECTION 263 OF THE CRIMINAL CODE. OCTOBER 20, 2015 PROPOSED ACTIONS Background: Alberta Conservation Association (ACA) aerates 16 lakes across Alberta using surface aerators. These surface aeration systems discharge water into the air, like a fountain, and create open water (a polynia) in a lake. In July 2015, ACA became aware of potential liability issues under Section 263 of the Criminal Code associated with making a hole in ice. Section 263 reads: “Every one who makes or causes to be made an opening in ice that is open to or frequented by the public is under legal duty to guard in a manner that is adequate to prevent persons from falling in by accident and is adequate to warn them that the opening exists.” In August 2015, ACA received an initial opinion from Dentons Canada LLP regarding the impacts of Section 263 with respect to ACA aeration operations. In part, their opinion read “While it would make sense that a fence could work to prevent liability under s.263, we cannot be certain; it is difficult to say exactly what type of fence ‘would be adequate to prevent persons from falling in by accident’ and ‘adequate to warn them that the opening exists.’ “ The Criminal Code provides that “everyone who fails to perform a duty imposed by Section 263 is guilty of manslaughter, if the death of a person results.” Based on the issues raised by Dentons Canada LLP, ACA sought a second opinion from McLennan Ross which was received on September 25, 2015. In reviewing case law associated with excavations on land (a subsection of 263) the McLennan Ross opinion notes: “…The Court’s reasoning suggests that the fact of the boys falling in the excavation was in and of itself proof that guarding was in adequate (although the Court says the warning was adequate).” The Court used the same reasoning in a second case referenced by McLennan Ross. In layman’s terms “guarding” has been considered inadequate because someone has fallen in, regardless of what type of guarding has been put in place. As a result a “due diligence” defence is not be possible under this section of the Criminal Code. McLennan Ross goes on to state: “Accordingly, it does not appear that there can be any assurance that any additional mitigative steps, including fencing, would prevent charges from being laid (if someone is hurt or killed – this would go towards a due diligence defence to any charge in the absence of harm). Arguably, should an individual climb the fence, and then accidentally fall in a hole in the ice and be injured or die, the warning and guarding could still be considered inadequate. Although this seems unfair, the reality is that it is the way the provision is currently worded.” And: “Accordingly, from a legal perspective, we do not believe that it is possible to eliminate the risk of criminal charges. Obviously, effective fencing or other steps such as those recommend by the cottage owners associations or followed under the B.C. policy would significantly reduce the practical likelihood of anyone being injured or dying, and may give rise to an argument that the duty to warn and guard never arose in the first place because the opening was not open to the public. However, if the duty is established, there appears to be no legal defence, other than the possible constitutional challenge, in the event that an incident actually happens, assuming the victim fell in ‘accidentally.’” Based on two legal opinions, ACA has determined that the risk of criminal charges arising from someone being injured or dying in a hole created by aeration is low; however, the consequences of charges being laid is severe (manslaughter in the case of death) and would fall upon ACA’s staff, management and Directors. As such, ACA has decided that for the winter of 2015/16 surface aeration will be suspended while issues related to Section 263 are resolved. It is our intent to ensure our aeration program is running again at full capacity by the winter of 2016/17 at the latest. Proposal for dealing with Section 263 of the Criminal Code: The following is ACA’s proposed eight point plan which has been reviewed by the ACA Board of Directors, Alberta Environment and Parks and the Fisheries Round Table. 1) Starting immediately, attempt to super-saturate all lakes prior to ice-on then shut surface aerators off. Historical records show that a portion of the lakes ACA aerates did not winterkill every winter and we believe some lakes can survive successfully (the type of winter we have will play a major role). 2) Aerate eight lakes using bubble diffusers with enclosed polynia. Bubble diffusers are relatively simple to install and operate; however, they will create a hole in the ice. We believe we can contain the polynia within a 40 ft x 40 ft square created by floating dock material and then covered with chain link fencing material. Creating a floating, enclosed square should eliminate any possibility of people from falling in the open hole. A person would have to cut the chain link to access the hole in the ice. Pros: If the polynia becomes too large the aerator can be temporarily shut-down. Aeration can occur during thin ice periods with no risk of people falling in the hole. The floating docks can be reconfigured in the spring and used as casting platforms. Cons: The lakes we are aerating are relatively shallow (< 8 m) and as a result there is limited data on the rate of oxygen diffusion that will take place using the bubble diffusers or the size of the polynia that will be created. Based on the information we have, we believe the diffusers should provide sufficient aeration and the polynia can be contained within a 40 ft x 40 ft square, but both of these assumption need to be tested. The eight lakes chosen for aeration are: Beaver Lake, Fiesta Lake, Ironside Pond, Muir Lake, Mitchell Lake, Millers Lake, Figure Eight Lake, East Dollar Lake 3) Increase the fish stocking program in the spring of 2016. Work towards having larger fish to stock, to replace the growth that an over wintering fish would be expected to have. Finding larger fish on short notice may be an issue. 4) Immediately inform stakeholders of the aeration plan. 5) Engage a lawyer to draft a proposed amendment to Section 263 that allows for a due diligence defence. Based on initial conversations there is a relatively minor wording change required. 6) Engage stakeholders, Provincial Government and other jurisdictions to help in persuading the Federal Government to amend Section 263 as proposed. We will need stakeholders to contact their local MP’s and ask for their support in making a change to a law that will benefit anglers across the country. 7) Continue to test new aeration techniques to implement for the winter of 2016/17. 8) Ensure the aeration program is fully operational by the winter of 2016/17 (all 16 lakes). Our lawyers are working on the wording for a proposed amendment to Sec 263. As soon as I have that I will pass it along so that everyone can begin the process of talking to their new MP to try and get this law changed so that we don’t have issues in the future.

Hi, The Provincial Roundtable Meeting is done. Todd Zemmerling CEO of the ACA laid out the options. 1) do nothing and plan on stocking larger fish in 2016 plus get all the lakes ready for aeration. 2) do about 4 to determine the best alternative. 3) do 8 with bubbler systems c/w a covering over the open hole plus an exclusion fence. The meeting was divided. What is clear, the ACA aerates 16 lakes or ponds. At best only 1/2 will get done this winter. Although there is some concern that bubblers won't do the job, I pointed out that a lot of the systems not run by the ACA use bubblers of some type. Some systems were just a CDN Tire compressor and a bubble stone. The ACA board will call the shot on what is going to be done. And here is the other issues! The Fish & Game clubs run a pile of systems, the Alberta Govt. also runs systems (Police Outpost for example), several NGO's plus some municipalities also run systems. What are they going to do? The issue doesn't stop at aerated ponds. Hot water discharges into river, sewage outflows, dam outflows and even the Canadian Ice Breakers all create open water. Looks like the only solution is to change the law or have society spend millions dealing with fences etc. As soon as the ACA informs us or posts to their web site, we will all know what is next for them. The other aeration users may not know of the issue. Regards, Don

What must be remembered is judges are named by the AG's office whose thoughts & direction reflect the political parties who control the office. The fine reflects the "party line" just like it has done for near 100 years in Alberta. While tears are shed over some cuts and Bulls, the irrigation sucks the fish outta rivers all over southern Alberta and nothing gets done. We are one screwed up place. Don

Oil facts. Imports 635,000 of which 50% is from US Exports 3,300,000 Uses internally 2,200,000 #'s in bbls./day. Don

Folks, Appreciate the kind words. Alberta owes a huge thank you for many of the folks who have worked to keep our fishery healthy. The private sector guys who include Bob Scammel who while President of the Alberta fish and Game Association got the Buck for Wildlfe off the ground, Lloyd Graff whose efforts to get bank stabilization work on Prairie Creek was the forerunner of stream reclaimation work, Elmer Kure who was the Man of Water for many years, Martha Kostuch the champion of clean air and water, Barry Mitchell whose fisheries activities are the stuff of legend, Tony Blake whose efforts got Bull Trout the protection and status deserved, And I could go on and on. And there are Govt folks who deserve recognition. Thiese include Mel Kraft, who put the Buck for Wildlife $'s to good use protecting Stauffer Creek, for his lead in the N. Ram C&R & his work with the Bull Trout Taskforce +, Carl Hunt for a long list of trout things, Jim Stelfox for Bull Trout and his efforts restoring native cuts, Lorne Fitch for the Cows and Fish program plus a sack full of very decent people who care about our fishery. I hate doing these listings. I know I'm missing a pile of folks and I ask their forgiveness. I have to recognize my wife of 47 years who without her support and understanding very few things would have been accomplished. Regards all, Don

GrDrake, As Riconus points out, it is an issue unless you strip quickly. The technique is developed by the Brits who generally kill all they catch. Didn't matter much. I too tried the technique allowing the line to lay flat on the bottom and retrieve it slowly. Deep hooking every time. For this reason, I gave it up. Two years ago I watch Brian Chan fish the floating flies with sinking lines. He retrieved fast w/o a problem. So, I gave it a try again and Brian's technique was a lot more fish friendly. I fish a type 4 in 4'>6' of water. Either you keep it moving or you're weeded. So, sped it up or kill a bunch of trout. Don

Folks, Aeration equipment installed into Beaver Lake today. The ACAc plan which will be revealed Oct. 17 may tell us how long it will run. Regards, Don

Billie, Don't let the naysayers stop ya'! It is a good idea. User pays. Hell of a concept. Maybe the Welfare Cowboys will pay for clean up. Don

I have been told from the guy who is involved with the aeration of Alford Lake that the compressor was disabled and the electrical breakers feeding the compressor have been removed. This was not an ACA project but efforts by private citizens to keep Alford from winter killing. The only involvement by others was the power supply from the Provincial Govt. It appears that Alford will be killed. Don