Stream Access

[Little Juniata33]

On another forum there is a fierce debate about fee for fishing, or posted waters. We all really appreciate landowners allowing access to our waters, at the same time the landowners have a right to know who is on their water, too many of us do not really like to bother the landowner and ask permission even though that is the right thing to do. Here is a suggestion for the review of the forum members. Place boxes, (provided by local clubs or the fish commission people) by each access area, let each angler "sign in" and deposit his slip in the boxes, that way two things could happen, if the guy puts his name down, he may be more consious of his actions, If enforcement officers on the stream stop and check an angler and he has not signed in he will be automatically be sited for trespass. GOOD BAD OR TOSS THE IDEA?? Thanks for any and all input

[This message has been edited by Little Juniata33 (edited 08 April 2005).]

[flyfisherjoe]

This, indeed, is a subject that will come up more and more in the future.

A couple of things about your thoughts:

"the landowners have a right to know who is on their water"

They may have a right to know who is on their land but, it is not their water. Navigable waters belong to the public. That right is guaranteed by Federal law.

"enforcement officers on the stream stop and check an angler and he has not signed in he will be automatically be sited for trespass"

It is my understanding that it is not the job of enforcement officers to police for trespassers on private land. Our fishing tax dollars are not intended to aid landowners in keeping people off their land.

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Joe

[flyangler]

Whether it is a right or not, I like to see it as a priviledge and act accordingly.

LJ- sounds like a good idea to me. There are numerous campgrounds and parks that use that system.

[brandon722]

Isn't there a $3 Lot on the Henry's Fork (help me out here - I've heard of it, but never actually been there) where the land owner doesn't care if you use his property as long as you put a ticket in your window, and a ticket and $3 into a box? If you don't pay there is no legal recourse, but something might happen to your car.

That seems to be the best idea - I mean, you would be willing to skip paying the $3 if it was policed by the DOW, but as soon as it is policed by the fear of something much worse than a fine, everyone pays up. Plus, I think EVERYONE is willing to pay $3 to fish prime water like that.

[MIKE_24701]

I have a question on this subject. What consitutes 'navigable water'? We have a great little trout/smallie creek here (in Virginia), that is big enough to use a portable poontoon or canoe on. Would that be considered navigable? Some of my friends have been ran out while canoeing and wading the stretch I'm thinking of.

[This message has been edited by MIKE_24701 (edited 08 April 2005).]

[This message has been edited by MIKE_24701 (edited 08 April 2005).]

[LadyFisher]

The old standard on 'navigable' was if you could float a log down it. Perhaps someone with a more legal phrase could comment?

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LadyFisher, Publisher of
FAOL

[Rangerman]

Do a search on "Riparian Rights" for your particular state or waterway. The laws in this area are very diverse and complicated.

[Jim Hatch]

Hi Folks,

You need to check the navigable waters
regulations by state. They vary considerably. In SC, the waters are held in
trust by the state for our use. It pretty
much follows the Federal Statute. However
some states have written their own laws
contrary to the Federal Statutes, in some
cases giving ownership to individuals. It
is my understanding that a federal appeal
would return ownership to the citizens of
those states should it ever come before
them. But it's a long expensive process.
Warm regards, Jim

Dear Little Juniata,

What you propose is a horrible idea. If the property is not posted it's implicit that you have permission to fish. I have always been respectful and courteous to landowners. I have thanked them, when they are available, and often picked up trash or admonished people who were acting disrepectfully on someones land.

I will not be subject to registering to fish someone's property. What's next? Tallying the number of trips and subjecting frequent visitors to a tax of some sort?

If your idea comes about I will give up fishing privately owned water altogether. I probably only make 5 to 10 fishing trips a year on land that isn't owned by the State anyway. I'd gladly forego those trips.

Regards,
Tim Murphy

[Little Juniata33]

SInce you don't have "No Trespassing Signs" in your front yard, I am gling to get about 25 friends, 2 kegs, some wood build a fire, and have a blast on your property starting at midnight tonight. You have shown your approval