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Posted

I'm reading the regs and trying to get a grasp on what exactly is considered an "obstacle". As the regs say:

Fishing is prohibited by any method within 23 metres downstream of the lower entrance of any fishway, canal, obstacle or leap. Weirs and dams are considered obstacles.

 

Are you permitted to fish at the base of a waterfall? What about a fallen tree? I've seen a few natural waterfalls that look nearly identical to a weir.

 

Thoughts? Has anyone asked a CO about this regulation?

Posted

I believe it to be any "man-made" obstacle, where fish may congregate before fording further upstream. Although a natural "falls" may qualify as an obstacle, I've never asked or thought about them. It doesn't make sense to include every natural "obstacle" on a river, where would you draw a line?

 

Many would suggest their wives are an obstacle when fishing :). It could also be argued that wives are "man-made".

  • Like 2
Posted

I know this thread is a little old, but waterfalls are considered obstacles (ie you can not fish below Castle falls). It doesn't mean just man-made obstacles, but means any place that "backs fish up", such as waterfalls, big drop structures, etc. Has to be a significant obstruction, but I'm sure that is a point that could be argued in court.


This is a federal regulation that originally is intended to stop over-exploitation of Atlantic salmon that congregate in a pool below falls, waiting for rain to bump the flows so they can pass.

It isn't necessarily sporting to fish for migratory salmonids when they are crowded, and often results in snagging during large runs.

 

A F&W officer or CO can issue tickets if they believe that you are fishing below a barrier. You'd have to check with them on current Sol-Gen policy and opinion.

Posted

I was fishing below Castle Falls a some time ago and a few others were as well. CO did a compliance patrol and not a word said about fishing right below the falls. Granted, by measurment we were likely 23 meters below the falls, but no warning or education given.

 

Maybe the CO wasn't aware of such a reg.

  • Like 1
Posted

I've fished Atlantics below falls and rapids on several occasions.In fact,in NB at least,there's many named pools,private and leased pools,and crown reserve stretches well known for their falls and rapids,not a problem that I've ever heard of?Mind you,snagging and poaching can be an issue on some of them,but as long as your fishing legal,no worries...giver.

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