Township shoots down request for lakeshore hunting ban

Huron-Kinloss council has listened to both sides, but ultimately, cannot enforce a proposed hunting ban in residential areas, particularly along the lakeshore in Point Clark.

At the general committee meeting last night (April 6), council heard from two proponents of a ban based on safety concerns, and from two opponents to such a ban.

Michael Bayer, a lakeshore resident, said a petition was organized by his neighbour, Jill Gausden, and supported by the members and executive of the Point Clark Beach Association, asking that a bylaw be put in place to require that hunting not happen along the populated Lake Huron waterfront in Point Clark within 100 metres of a residential home. That petition has more than 100 signatures.

Bayer said there were a number of issues and concerns last fall, including incidents of hunters firing off their guns at 4:30-5 a.m. before sun-up; parents concerned for their children's safety on the beach while hunters were shooting; a goose falling on someone's front lawn; hunters shooting toward shore; and bird-shot rattling through the trees while people were out raking their leaves.

"Hunting in residential areas with permanent and seasonal residents, is unsafe and will lead to serious injury or tragedy," he said. "Back in 1972 when I was 10, my grandfather was cleaning out eavestroughs and was hit by a wayward shot."

Bayer said he is unsure who is supposed to be enforcing hunting regulations. "Bylaw enforcement officers and MNR (Ontario Ministry of Natural Resources) officers are not always available on weekends. Response time by MNR is an issue, with only two to three MNR officers to cover Bruce and Grey counties. Complaints need to be taken seriously. Hunting in or near residential areas should be banned!"

Gausden stressed that the lakeshore residents are not against hunting. "We are against hunting in our residential area. We feel that the township has a responsibility to the residents who live here, to put rules in place so that tragedy as the result of a firearms mishap, does not occur. Hunting must be restricted to areas away from residential homes and, I think we would all agree, children's playgrounds."

She said the major concern is safety. "We feel unsafe to put our kayaks in the water. We live only metres away from these shotgun blasts. There are many year-round, full-time residents here, and even residents who don't live on the waterfront enjoy walking here themselves or with their dogs or coming to see the sunsets."

Gausden said other municipalities, including Ashfield-Colborne-Wawanosh and Bluewater, have bylaws restricting hunting in residential areas.

She closed her presentation, urging council to put bylaws in place around hunting safety. "Residents have begged you to stop hunters from hunting in their residential area. Moving forward, there can be absolutely no dispute when it comes to the township's liability following any future hunting tragedy. We beg you one last time, please consider the safety of your residents who live on, or enjoy, the Point Clark lakeshore, and stop the hunting on the beach in front of their homes."

John Brown an avid conservationist and outdoors person, told council that a proposed bylaw to prohibit the discharge of firearms along the Lake Huron shoreline is very upsetting to him as this shoreline is part of the reason he decided to settle in this area.

"The Lake Huron shoreline sees a migration of ducks, geese and other migratory birds that few other places in the province see," he said. "I take the privilege of hunting very seriously. I have hunted the Lake Huron shoreline for eight years now. I have never done anything to put another person or their property in danger. I observe all laws and take them very seriously."

Brown said that, as a former lakeside property owner, he knows how much damage geese can cause. "There are residents along the shoreline who thank me (for hunting geese) as the geese cause damage to their land and adjoining property. I also give migratory game birds to folks who live in the community and they greatly enjoy consuming these birds as they otherwise would not have access to this meat source."

He said he has experienced people taking exception to the sport of hunting, even though he is following all the laws. In fact, in once instance, he had to call police and conservation officers and, as a result, a charge was laid under the Fish and Wildlife Conservation Act for obstructing a lawful hunt.

"I feel I am being bulled by the folks who do not want me hunting here along the shoreline," said Brown. "I ask you to allow provincial legislation to govern the Crown land as it has for years. ... The shoreline is here for all of our enjoyment, not just for the enjoyment of those who are lucky enough to own property adjacent to the municipal property that adjoins the Crown property."

Wally Motz, a Point Clark resident and hunter along the lakeshore for 26 years, has been a director of the Ontario Federation of Anglers and Hunters for 22 years and is now a life member. This organization represents 85,000 members in Ontario.

"Hunting is one of the safest of all outdoor sports," he told council. "In the past five years, we have educated 110,000 new people about hunting."

He said a federal licence is required in order to hunt, as well as a provincial licence. In fact, by the time he purchases all the licences and permits necessary to hunt, it costs about $180 per year.

Hunters have to get permission from the landowners, said Motz. "At one point, I had permission from five property owners along the shoreline. One wanted us there to shoot the geese. If we stop hunting along the lakeshore, the geese population will increase dramatically. And then you have more problems."

He said that all the years he has hunted along the shoreline, he has had no problem. He has even hunted around the boat club. "You have to get permission from the landowners or the cottage owners. I had a person throw rocks at me once. He was charged with harassing a hunter and ended up paying a $500 fine and a $120 victim services fee."

Mayor Mitch Twolan said the frustrating part of all this, is that the township has no jurisdiction to enforce a ban on discharging firearms along the lakeshore.

"We have no authority to pass a bylaw and enforce it," he said. "Our solicitor has told us that if we try, it would just end up in court and we would not win."

He said the township has authority to deal with invasive species, sand dune restoration, and restriction of motorized vehicles on the lakeshore, but nothing else.

However, he noted that the township has entered into a three-year contract with the South Bruce OPP, and is forming a Police Services Board. "As chairman of that board, this issue would be a priority."

Meanwhile, he suggested the lakeshore residents take their petition to the MNR, adding that a representative was supposed to attend the meeting but did not show up.

Council agreed not to enact a "No Discharge of Firearms" bylaw for the residential areas of the township or specifically the lakeshore area, because it is outside the municipality’s jurisdiction to enforce.