Delayed Harvest Section, Fishing Creek Columbia County, is CLOSED

[Im_leary]

To any member of the forum planning a trip to Fishing Creek in Columbia County, strike the Delayed Harvest Fly Fishing section (above Benton) from your itinerary. It is closed... the new owners have blocked access to the Fish Commission parking lot and have posted the land.

For those familiar with the area, and the ongoing problems with people like Donny Beaver, you will be able to continue fishing the creek, albeit employing the same gorilla tactics needed for fishing the Spring Ridge Club section. Since the PA State Police have publicly stated that they will not respond to any trespass complaints, for any person found in the creek between the East and West bank mean high-water marks, one may still park behind the Benton High School (after first asking permission at the school administration office, adjacent to the North parking area) and walking/wading the creek to these areas.

Also note that the PA Fish Commission knows about this problem (as well as the local newspaper, the Press Enterprise). It has been a bit over three weeks since the fly stretch was closed, and there has been no mention of the change on the Fish Commission web site or in the local paper.

As of this writing I have fished the "Forbidden Waters" three times since the over-land access has been closed. I have been challenged only once. I remained civil, but adamant that they had no legal right to have me removed from the creek (I was standing in the water, about 10-yards up from the hole known as "The Chute"). The fellow threw a rock at me... no real attempt to hit me, just a temper tantrum. Just be careful if you do decide to avail yourself of your right to fish this creek...

BTW: The Fish Commission informed me that unless an agreement can be reached, this stretch will no longer be stocked or listed as a special regulation area.

 

[Brownout]

Threw a rock at you, omg, what a child. You should get as many people from this board as possible to fish it in a legal manner with you and exercise your right to the water as often as possible.

 

[Im_leary]

I fish it often enough that the folks at the Benton High School Admin office know me.

IMPORTANT: If anyone wishes to park on school property, ASK FIRST! If we abuse the privilege, it will add another one-half mile walk from the Benton Town Park parking lot.

 

[littlejuniata]

Is that the home water of the famous writer/photographers?

seems throwing a rock anywhere in your vicinity would be harrassment, even anywhere in the same pool

 

[Squaretail]

Fishing creek near Benton is navigable?
Almost hate to bring that up again though.
And why wouldnt there have been an easement or something applied before it got that far?
But then again, its not near the stream it used to be anyway.

 

[Im_leary]

In answer to several questions: Yes, it is the very same home water (when they aren't jetting away to Patagonia) of that famous husband and wife photo/fly fishing duo and good friend of Donny Beaver.

In terms of navigable water, yes Fishing Creek is listed as a PA navigable water way. The difference between Fishing Creek and the Little Juanita River, however, is that the Little J has been (finally) litigated as such. Considering this precedent, if Beaver (or anyone else) did litigate the status of Fishing Creek there is a good probability that he would loose. Therefore it is in his best interest to maintain the status quo... and we must endure the indignation of being accused of trespass.

Therein lays the problem... we (TU et al) don't have the money to press the issue in court. Donny Beaver, on the other hand... making $85,000 every time a well heeled yuppie wants a 25" brown attached to the hook of his designer fishing outfit, has all the money necessary to keep the uninformed, of the unwashed masses, out of his private fishing hole. And don't look to the PA Fish Commission for help. These issues are completely beyond their collective purview. This is an issue that can be settled only with civil litigation... and quite a bit of money.

Another point: Some folks seem to think that the term "navigable" infers boat-traffic. This is an erroneous perception. A waterway that is "navigable" includes all of those waterways that are, or were, covered by the Ball decision, "Waterways are “navigable in fact” when they are used or are susceptible of being used in their ordinary condition as highways for commerce over which trade and travel are or may be conducted in customary modes of trade and travel on water". And since Fishing Creek was once one of the major thoroughfares for "splashing" logs to the Susquehanna River, it's name is prominent on the list of "navigable" waterways.

Go to: http://www.fish.state.pa.us/water/public/faq_public_waters.htm to learn more.

 

[Wmass]

Just curious but WHO is this famous fly fishing couple? I want to make sure I don't support them by buying their books or DVDs. I find it important to live my beliefs in all aspects of life and if they support people like Donny Beaver then they aren't getting my support financially or otherwise.

 

[greenlander]

Wmass wrote:
Just curious but WHO is this famous fly fishing couple? I want to make sure I don't support them by buying their books or DVDs. I find it important to live my beliefs in all aspects of life and if they support people like Donny Beaver then they aren't getting my support financially or otherwise.

The couple being referred to is Barry and Cathy Beck, though I can't speak to their relationship with Donny Beaver.

 

[Heritage-Angler]

greenlander wrote:

The couple being referred to is Barry and Cathy Beck, though I can't speak to their relationship with Donny Beaver.

You don't have to - they already have.

http://www.springridgeclubs.com/

 

[littlejuniata]

Looks like the Becks milked the public for all its worth now they have sold out to private interests..

 

[eballat]

Jake you must of hit a nerve, your previous post has mysteriously disappeared from this thread.

 

[JakesLeakyWaders]

If I hit a nerve, my bad. Although unrelated to the topic, it may have been inaproppriate. I was just refering to a recent experince and I didn't name any names.

 

[PALongbow]

This is sad news to say the least. Fishing Creek was once my home waters and still is to a certain extent. I have seen many changes over the years with FC in regards to land being shut down to fishing. I plan to buy some prime land from a friend of the family along fishing just before you enter into Benton. My plans are to keep it open to fishing. There are those that want to buy this land and I assume what the intentions are long term.....and it isn't good.

Ron

 

[fritz]

Too bad about this--that's a nice stretch of water.

 

[jeff]

Sad to hear that the Spring Ridge Club got their claws into another creek in Pennsylvania. This clown Beaver and the people who support his operation like the Becks are not true Fly fishermen they are BUSINESSMEN!!! Any idiot with some money can buy some land damn up a section of creek, and stock some big pellet fed trout that my 6 year-old daughter could catch all day long. They yell from the mountain tops that this is in the name of Conservation and that they are saving these streams.. They compare what they are doing with these high price fishing clubs to what the community has to do to support local volunteer fire companies. I guess we should hold some freakin bingo games in order to go fishin in the days and years ahead according to Beaver and his croonies. We need to follow Montana's lead and make all waterways public and knock em out of business. I for one will be up to fishing creek this fall for a trip. The first place I go is the so called private stretch for a 6 pounder or 2 or 12.

 

[greenghost]

Im leary,
you have a good handle on this. What can we do to raise our voices? Who can we write to? Who can we call?

I'm seething. How can they block access to a fish commission parking lot? Did the commission lease that land from the original owner?

It's one thing to buy land from a private owner, but to buy land associated as an "official" state agency waterway access point and then deny public access seems to stoop to a new level of arrogance and greed. Furthmore, it's mud in PFBC's eye.

Is it legal to post the land? Apparently so. Unethical to post the land? Definitely so. But ethics never did seem to bother Mr Beaver.

Like some spider spinning his web of deception, he then markets pellet-fed fish as wild trout to be protected by those wealthy enough to save our waterways. Exclusive, man-made fisheries are touted under the theme as "inspired by conservation." It's the ultimate insult to those of us who truly know and understand what's going on here.

It never ceases to amaze me that those with the finances to become a "member" don't see through this thin veil. Or maybe they do, but as long as they have their private retreat -- regardless whether it's legal or not-- they simply don't care. After all, wealth has its privileges.

 

[littlejuniata]

Pretty easy fix for the state, they own all the flowing waters in Pa, simple law stating,


"It is prohibited to place or throw any artifical fish food or any high protien substance in the flowing waters of the Commonwealth"

Very easy to sell since all waters sooner or end up (for the most part) in public waer systems or supplys. The public outnumbers these guys by about a zillion to one, majority rules, Start emailing the pols grassroots is effective.

Need to add "For Commercial Purposes"

Timing is of the ssence "NOW" while local sewage treatment plants are required to upgrade costing millions to remove these very same substances!

 

[Im_leary]

Gentlemen,

Some have taken some notions from my post, which were not written. To my knowledge, neither Donny Beaver, nor the Becks, are responsible for closing the Delayed Harvest section. Let me be clear: The land owned/leased by interests of the Spring Ridge Club lie DIRECTLY up-stream (continuous) to the Fishing Creek Special Regulation Delayed Harvest area. Specifically, from a point adjacent to the lower section of the golf course, to the origin of the Delayed Harvest section lies the Spring Creek Club area. The Delayed Harvest section then begins at that point, the Spring Ridge Club section, and extends to a point 180-yards upstream of the Benton Borrow limits, for .66-miles. These are two different sections of Fishing Creek, although they meet and are contiguous (as far as I know, as of this writing). I hope this clears up one misconception.

The next point I would like to clarify is that the farm land surrounding the Delayed Harvest area (AND a portion of the Spring Creek section) has a new owner. HE, not Spring Ridge Club, is the one who informed the Pennsylvania Fish Commission (after the fact) that he intended to close the Delayed Harvest section. It should also be noted that he is employing the same tactics used by the Spring Ridge Club for dealing with fisherman, who he perceives as trespassers.

In short, the new owner of this land is behaving no better than Donny and Company (and using the same tactics). He gave the Pennsylvania Fish Commission no warning, whatsoever, before he closed the parking area... and no, the parking area is not owned nor leased by the state. It, as well as all of the land around it, belongs to the new owner. That said, he does NOT have the right to eject or harass anyone who is legitimately using the creek and the riparian easement adjacent to the creek (the riparian easement extends from the mean low-water line to the mean high-water line, so it is perfectly legal to walk along the bank of the creek within that area). The new owner, who goes by the name Farmer Moofy, has given the fish commission no indication of why he closed this area, nor what he intends to do in the future.

As for what anyone can do about it... I suppose the we must take the same course of action taken by John Andrejewski in 1996, when he filed the suit to keep the Lehigh River open to public access and the Pennsylvania Fish Commission, when they filed suit to keep Donald L. Beaver from closing 1.3 miles of the Little Juniata River. Someone with vast resources must step up and insist that these people comply with the law.

It is a sad but simple fact that there are those with plenty who feel it is their right (by virtue of their wealth) to take from those with less. And another simple truth is; if you cannot afford a Spring Ridge Club membership ($85,000 the last time I checked), YOU are one of those with less... and if you let Donny get away with it, he will take whatever you've got.

So what am I going to do about this injustice? I fish both of the "forbidden" sections of Fishing Creek (along with a third "forbidden" section near the town of Stillwater) every chance I get. I make certain that I have permission to park my car, wherever I can find a convenient spot, and I walk in along the riparian easement. I make certain that I give them no "legal" reason, whatsoever, to have me ejected from the public areas of the creek. I also keep the discord (on my part at least) civil. I do not use profanity, nor am I ever confrontational. I simply tell anyone who challenges me that they have no legal basis to have me removed from the creek. And remember: if anyone should physically accost you, you have every right (and may employ any reasonable means) to protect yourself. The only person who may effect an arrest (in the jurisdiction in question) is the Pennsylvania State Police. And, as I said earlier, they have made a public statement to the affect that they will not respond to a trespass complaint on Fishing Creek.

To anyone who may join me, good luck to you all.

 

[PoconoPuke]

A friend of mine was fishing the Lehigh when he was accosted by a club member who threatened him with the German Shepherd he had on a leash. My friend told him his dog was no match for the Colt .357 he was packing.
End of confrontation. I guess Colts are good for more than protection from snakes.

 

[Im_leary]

PoconoPuke,

That was a perfect example of what NOT to do! The Lehigh has been adjudicated and legally determined to be PUBLIC in 1996!!! Your friend could have, and SHOULD have reported that flaming ***-hole to the police. Threatening to sic a dog on someone who is availing himself of public property is, in fact an act of terrorist threat... which is a felony... if your friend had kept his cool, the guy with the dog would be doing one-to-three right now.

HE MISSED HIS CHANCE TO GIVE THE CLUB THE ROYAL SCREWING THAT THEY MOST RICHLY DESERVE!!!

To anyone reading this, DON"T DO WHAT HIS FRIEND DID! If you are packing, and I personally believe that this is a prudent practice, don't threaten. Keep it in the holster until you have no other option... then use it properly... preferably in front of impartial witnesses.

As it happened, your friend could have been the one to go to jail. But, if it had gone just a bit differently, the club-jerk would be doing time and the dog would be dead.

Guys... pick your battles carefully, obey the law, and do it right! Don't give these jerks any ammunition to retaliate. Remember... they have the money, and therefore the lawyers. Also remember that, for the most part, the general public is on our side... don't blow it!