Fishing forum > DEROCHE BOAT LAUNCH / NICOMEN FARM

Author Topic: DEROCHE BOAT LAUNCH / NICOMEN FARM
J & D

The owners of the Deroche Boat Launch property and Nicomen Farm have clearly posted their private property - NO TRESSPASSING - THERE IS NO LEGAL PUBLIC ACCESS THROUGH OUR PROPERTY. Charges of trespass and mishief have been laid this year. Dogs, alcohol, littering, human feces, public defacating, - this, all amongst our herd of dairy cows (FOOD PRODUCING) on our private property.
NO LEGAL PUBLIC, ACCESS NO TRESSPASSING.
Respect our private property and our livlihood .
hunter22

PegLeg was a disaster. Ridiculous when the annual "non fishermen show up. I wish the ministry would step up their game at this busy fishing intersections. guarenteed there were people there without liscenses and littering.
MR Spoon

I was in the area a couple days ago and saw the no trespassing signs, so I just fished off the launch. I didn't see any signs there so hopefully this is still allowed. If not, I apologize. Now, you also mention that there is no access to the bars THROUGH your property, does this mean that the 2 bars are still boat accessible, or is this your property as well? Just trying to be respectful and don't want to piss anyone off, thanks.
J & D

Boat access is allowed
G.A.

the sign is up in trees by cow fence in bush and isnt an offical gov sing. isnt the dyke gov land as its them maintaining it when or if it flooded isnt it. why am i saying tax dollars for the farmers own dyke then
i talked to a guy that had cops there with some lady claiming she owned it all..cop told her to go home. not hers. respect the land either way.
to bad we as fishermen that do respect dont report these drunk loosers ourselves more often. most us carry cams when we fish. real easy to help out to stop this crap f denying us that respect who evers land
realemin

I have been going there since I was 10 years old and have always respected the area.
Every time I go I pick up garbage that I see. I have even told a guy that he is going for a swim if he didn't pick up his beer cans before he left. That didn't really go over so smoothly, but he picked them up.
I would like to know why the cows are allowed so close to the water?
When I am in there you can see the hoof prints very close to the edge and you can see were large sections of sand have been broken off into the water. I hope no cattle has been lost from this.
Sure the farmers let the cows roam free on this land but river beds are not own-able land, that is why the original poster agreed that there is boat access allowed. If they are using the land that doesn't bother me, but those cows should not be allowed that close to the water, ESPECIALLY when they are delicate salmon runs happening.
There should be an annual public participation clean up week to help preserve the area before freshet so the garbage doesn't just float down the river anyway.
G.A.

ok, so i finaly got some real answers from official people on this who owns what and rights to the river.
spent most the day calling around. D.F.O says we can fish. you dont own the shore line, she said its federal land. there was alot of grey areas to this and the dyke and so on. but nobody owns shore line on the main portions of the fraser period. that is main line river there, back areas or eddies are a different story. and there is portions around the area that is right to the water. but not here where the boat launch is. use the trail along the shore line. dont cross any MARKED property. she explained alot of the past on who and how the gate and dyke are dealt. and also stated nobody can lay claim to any gravel bars that arise during high or low waters. with.. she said her info was 99.9999% accurate/.
also..r.c.m.p. have no records of any charges laid this year.
i see why some have walked away from this as the info i found was real confusing and most would have just said forget it and left it...
Oilcruzer

J & D would be better served videoing and photoing poachers and litterers.
Maybe even post a sign that this is happening.
G.A.

its to bad they arent willing to work with some of us legit fisherman that are respectfull to the land. we seam to all get catagorized the same as the trash.
realemin

The sign says "the public".
If it is not "private land" who ever put the sign up is engaged in gross negligence. Unless they are of coarse claiming to remove the peoples rights? good luck with that.
Mrok

Did you go through the property ? What did the farmer say ?
G.A.


i stopped in for some pictures on my way home from scale bar. was a few there. farmer in red tractor was out again cutting the grass., there was a group walking back along the dyke from behind the gate. i walked to the boat launch area where there was 1 fishing and a truck with boat trailer parked down there. the guy fishing said he tried driving in as the gate was open but was told he cant. nobody said anything to anyone about being in there. some had keys to the gates as they opened and closed them for tractors leaving. still didnt say anything as we left.
nobody was catching anything that we saw.
i took pics of newly posted signs. from what i was told by D.F.O the trail right from the boat launch down the river bank is fair game. there is a fence into the river but according to her nobody can own river bank on the main portion.
the sign at first gate said the boat launch wasnt open and gave 2 alternate areas. said it was official sign but no gov stamps or crests. same style as the new one at face level now at the launch area at the fence. then the one at main gate had black marker written by hand to the side saying was closed due to high water level.


heres the signs, says fraser valley regional and looks real deal but wouldnt it have a crest or official gov stamp?
G.A.


G.A.

second sing is in boat launch and says no access to dyke...were not down there were going to river bank. below dyke. got your sign in wrong spot
Fish'n BC

I enquired a few months back about the signs and the boat launch and surounding regional park being closed. The regional authority wrote back indicating they had leased the land for the park and boat launch from a farmer, but then they were told that toxic waste had previously been dumped where the parking lot now is. They did some initial test samples, but then decided they didn't want to get into the time and expense of finding out the extent of the alleged contamination or removing it. So fearing liability, they closed the boat launch. That's the official story.

As for the dyke and Wing dam Bar: as I understand it the farmer indeed owns the dyke land as they would not sell the land to the dyking authority like other farmers did. The majority of the land below the dyke is crown land, including all of the Wing Dam Bar area. However a small strip along the lower edge of the dyke and down the east side from the dyke to the water also belongs to the farmer, preventing any land access to the crown land and Wing Dam. The only legal public access is via boat.

'Course with the boat launch being closed, it's a fair trip from the alternat boat launches at Kilby and Dewdney. I find it ironic that they closed and gated the boat launch, but not the parking lot that was suposedly the cause of the boat launch being closed.
Fish'n BC


Fish'n BC

I understand the foreshore and riverbed rights are something that was grandfathered in from long ago, not something that could be obtained in recent decades. However the law clearly states that the farmer cannot prevent passage of boats or people from fishing over those riverbeds.

In another twist; I am understanding that the same laws that the farmer is using to secure her land and foreshore rights, has a clause in it that seems to indicate that the farmer cannot prevent a fisherman from crossing her land to fish over the foreshore waters, only the general public. I think that may be something that needs to be researched further, if anyone wants to put up the money...
G.A.

i asked about that old law they used on me and is on the signs i have pics of and they laughed at it. not enfrocable.
Fish'n BC

The farmer is refering to:

Riparion Rights and Public Foreshore Use in the Administration of Aquatic Crown Land

One key paragraph reads;
"The public does enjoy a privilege or bare license to use the foreshore and other aquatic lands held by the crown. The only rights that exist, however, are the right to land boats and to embark from the foreshore in cases of emergency, and the rights of navigation, anchoring, mooring, and fishing over those lands covered by water."

Firstly - this means use of that crown land around Wing Dam by either the public or the farmer is a privilage, not a right. The farmer can deny public access over her land to get to the crown land.

Secondly - this means that use of that crown land by a fisherman to fish is a right, the farmer may not legaly be able to deny shore fishermen their right to fish over these crown lands, they may have to allow access or right of way and only be able to control routs of access over their land via posted signs: as per the fishing regulations.

That's my understanding anyway, if this Riparion thing keeps the general public drunken riff raff hilli-billies and dogs out, but still alows fishermen in...then I think it is a good thing.

J & D are you still following this?
G.A.

and that was the rulling that i was told by more than 1 that didnt hold ground anymore...and from what i see it isnt his land. his is to the right of road in. and stops at the dyke..not on or over it..on his farm side of it. doesnt the gov maintain the dyke...so it isnt his then. he moved the signes i posted obviously as it mentions about crossing dyke....there is no acess to dyke where it is located., seems they are having their own laws and rules as they wish. im on farmers side on the crap that does occasionaly go on so im not hatting on them.
funny how when i was there last season many had a key to gated dyke...where would you get the key...was told from city. apperently we can go buy a key from any municipali8ty to gain entry to any gated dyke system...i know ive done that for a 4x4 place ive used in maple ditch....up blue mountain. paid 20 bucks for a key and they take info so any issues they come after you....lots of dumped stolen cars....same as deroche had
Fish'n BC

The field to the right and left of the road in, that extends into the water (see the map I posted) I think is the one that the regional district leased from another farmer for the boat launch and park. The farmer you saw in it was a different farmer.

I understood they gave the dyking authority permission to enter their land to maintain the dyke. It does kind of suck that the taxpayer has to pay for the dyke on their property to protect their farm, but without it all the other farms and town would be at risk I guess. Generaly the dyking authorities prefer to purchase the land from the farmers for the dykes, but occasionaly the farmers won't sell (this isn't the only case).

Last year I asked the Nicomen dyking authority about getting a gate key (and permission to access the dykes), but they never answered.
G.A.

that mapping is from dinasour ages., nobodies land goes into main portion of the fraser and that is a main portion. was explained to me it stops at dyke..not over it. the other side of dyke changes every week so they cant own it, nor own any gravel/sand bars. DFO said its fed land and he dont own any of it..thats why he pout the sign i posted right after i made my calls last year. it wasnt there when i started my searches. i made a few waves and all of a sudden a new shinney sign shows up they no gov agencies knew anything about.
Fish'n BC

That was current mapping taken from the Fraser Valley Regional District's web site.
The Fed Gov hasn't permitted fore shore or riverbed ownership rights for probably over a hundred years, but some farms have been around much longer then that.
There is alot of privately owned lands below the dykes, no reason to doubt this farmer owns land below the dyke. I'm sure you can buy keys for most all dykes (I've heard of people doing that), but not so sure about the Nicomen Island dykes. What isn't on privatly owned lands seem to be on First Nation's lands. Land changes due to errosion etc is addressed in the Riparion Rights btw.
G.A.

i agree there was spots here and there that was owned. the ones i talked to seem to know exactly where i was reffering to and said to walk straight from road in to the river then follow the trail along rivers edge and im good to use it. when water is up you cant get down to it though.

and non of my stuff here is to encourage others to go be a jerk to the farmers there., im sure if i went and he put up enough of a stink id just leave. but id deffinatly try and convince im not a fuktard fishing and drinking and causing shit for them. quite the opposite. hell if he had an issue there with someone id even step up to help him.
im totaly on thier side on the messy crap issue. used to annoy the shit out of me hearing the drunks with stolen cars at night bombing around down on the gravel bars late nights then blowing the cars up after they trashed them.


been so many years im not even sure its worth the effort to go down to where i used to fish...if its even there anymore. we went quite a ways down further to the bigger open gravel areas and the second bar..and sometimes down to 3rd one if water let us. water used to rush through there pretty good so im sure most has washed away anyways by now
seanrafuse

its sad to hear this... its a shame that people are so ignorant these days and ruin things for others. self centeredness at its finest.
G.A.

not sure what side you think is self-centerness...farmer or me or us for thinking we have a right to fish the river there.
ChakaRaka

I interpreted it as those that ruined it for everyone else (and got the farmer po'ed) were the self-centered ones. I could be wrong though.
cagey

he is on your side g.a. !
Fish'n BC

G.A.- I don't think seanrafuse was talking about the farmer or you or us, I think he was talking about the drunken riff raff stolen car burn'n hilli-billies and their hounds that I mentioned previously.
seanrafuse

yes i was talking about the douche bags messin up the property . not about anyone here. unless those guys are here... in that case... you guys are assholes and need a shit kickin...

G.A.

i figured..just askin...happens everywhere
Fish'n BC

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Fishing forum > DEROCHE BOAT LAUNCH / NICOMEN FARM


 





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