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Legal?, Part II

Joined:
2006/10/26 23:01
From Ohio
Posts: 657
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Well, today, after fishing shoulder to shoulder in some high, stained, DHALO water, I decided to do some prospecting. I fished two TINY streams that are not apporoved trout water for the first time and caught small brook trout, C and R of course. (But from what I understand, starting on April 15, someone could keep trout from here)

They are tributaries of a large river, which is not approved trout water.

Furthermore, while these streams are 90% on state land, from the maps I think the first 200-300yds between the road I used to access and were private property. This area is very remote, no buildings around, and no postings.

Now from what I understand I am OK fishing these streams this time of year and am OK using the stream on private property as long as I stay below the high water mark.

But am I wrong? Did I trespass and poach?

Can't find regs anyplace and don't know who I should ask....

Posted on: 2007/3/25 20:33


Re: Legal?, Part II

Joined:
2006/12/7 18:13
Posts: 211
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You were only trespassing.

C & R for trout on NON Approved Trout waters is OK all year long. Bottom line regarding AT is if it is on the list of Approved Trout Waters it's closed.

As far as trespassing goes; in PA only navigable waters and their stream-beds are public. Non-navigable waters can be closed by which ever landowner owns the stream bottom.

The infamous Little Juniata and Lehigh River cases regarding access were because both of those bodies of water were determined to be navigable. Dinky creeks are legally posted and closed by the owners all over the place in PA.

But then again IF there weren't any NO TRESPASSING signs on the private land; the owner may not care if you fish there. Probably 50% or more of trout streams in PA are available through the courtesy of private landowners who DON'T restrict access. All the more reason to thank them if you can.

Posted on: 2007/3/25 20:55


Re: Legal?, Part II
Moderator
Joined:
2006/9/9 19:16
From Dallastown, PA
Posts: 6822
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Quote:

Bamboozle wrote:
....But then again IF there weren't any NO TRESPASSING signs on the private land; the owner may not care if you fish there. Probably 50% or more of trout streams in PA are available through the courtesy of private landowners who DON'T restrict access. All the more reason to thank them if you can.


Actually the amount of approved trout water on private land is 85%. I think the wild trout and wildernous trout streams are closer to 50% as I recall...I posted it a while back based on a quote from Dr Austin at the House Fish & Game Committee annual budget meeting.

All the more reason to do as Bamboozle said in thanking a landowner or asking permission.

Maurice

Posted on: 2007/3/25 21:32
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Re: Legal?, Part II

Joined:
2006/12/7 18:13
Posts: 211
Offline
A little antidote about asking for permission:

On Saturday I decided to fish a minuscule Class A stream from an access point I ASSUMED wasn't private property. As I was getting my stuff together I saw a truck coming down from the house closest to the property so I waved him over to do my customary asking.

It turns out he was the owner and I would of been trespassing had I entered the stream at that point. We talked for a long time and I heard his horror stories about the reasons he posted and protected his property. Sadly almost all of the problems had nothing to do with fishermen so the classic "ruined for all by a few" applied.

In any case; as a result of my asking I made a friend; met his mother & father in law and got permission not only to fish the creek I targeted, but another creek and pond on his property. He really appreciated that I respected his property and I asked.

Posted on: 2007/3/26 7:06






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