posted land question?

[Anonymous]

We went to ******** creek (Dec stocking 102 k kings) this weekend. There is a guy there who allows people to use his land to access the stream for 20$. His land borders the best part of the stream. Instead of paying we enter the stream down stream from his property and wade up. When we get there he goes into a fit on how we are trespassing and he's going to call the cops.

I thought if you enter a stream from a public spot, you can wade through the whole thing, through anybodys land as long as your feet stay wet.
Is this true??? OR am I wrong.
Anyway there were quit a few small 10-12lb kings up there. The stream is so small your guaranteed at least 2 a day.
And the sheriff did meet us at our car.

[Anonymous]

did ya get a ticket?

[Anonymous]

No, the sherrif was nice but didn't really address the issue our my questions about moving through the water. He just said the land owner is driving him crazy with these calls and to cut him (the sherrif)a break.
There were other people there but they paid to access the stream from this guys land. we waded half a mile to get there for free.

If the guy was nice and said listen these 10 people paid, it isn't fair, we proabably would have given him money just to get him to leave us alone. But he went into a tirade and was intent on keeping us from catching any fish.

But can we access this water as long as we don't enter from this guys land. I want to know for sure, cause I will go back there and enjoy myself. Does he have the right to claim the stream as his own to protect his money operation.

[Lil Salmon]

If you read into most antional and state laws of waterway rights you should be able to do exactly what you did. Dances with Salmon gave me a great link on this subject, but I lost it somewhere. DWS can you post that link for this gentleman?

In almost all occurances you are in the right....but then again the DSR has been getting away with this situation for years.

-Lil'

[PSUnitro]

To all who post on this site:

Technically you could have been arrested for trespassing. In NYS if a person owns boths sides of the river, creek, stream etc., he/she also owns the river bed. In this instance if he/she is charging a fee for access to the stream, you must abide by the rules that they set.

If you are in a boat technicall you only have rights to float through the streach of water, and are NOT intitles to fish or anchor in it. That is how the DSR got the way it is. It is unfortunate that this is the law here in NYS, but that is direct from an officer in teh Region 8 office.

I know that the law is different in PA, (because I grew up there) and am very familiar with the laws since I still fish down tehre for trout in the summer and spring. What you did would be acceptable since it is classified as a navigable water way in PA and in that case the state owns the land. (Actually they own up to the top of the flood plain).

[fishdoc01]

I've been round and round with this ever since AH Douglaston ( most know what AH stands for) closed down the "flats" (way before it was called DSR). I have never read a copy of the laws, and each time that I have asked for them they are mysteriously not available. I suppose that I should just go to the state offices and see for myself...and maybe an atourney just EXACTLY what the law states. If anyone has the state web site other than www.ny.gov, please post it. I'll spend some time researching the laws. If it is a county thing, then I'll also need access to the county laws.
Fishdoc

[Anonymous]

I found this link about general waterway rules and it touches on the DSR as well.
http://www.dos.state.ny.us/cnsl/waterway.html

I called the dec and they said no fishing on these waterways/streams. I also called the NY Department of State after I found this link and they said it was ok, and the DSR ruling was just for anchoring a boat.

[Anonymous]

I also found this as well from the NYS Environmental conservation Comittee
"Bill A. 2260 (introduced by Assemblyman Pete Grannis(july 2003)) the "right-to-fish" bill has passed in the Assembly and is now being considered by the Senate Environmental Conservation Committee. It is going through the Senate under its Assembly number. The bill allows "public fishing from a vessel on all waterways of the state that are navigable in fact or navigable in law."


This bill is the result of a court case where the landowner tried to close the river running through his property to public fishing. The landowner won the court case. If this bill becomes law, no one will have the right to prohibit fishing on navigable waters running through their property.

good news for next season, maybe?

[fishdoc01]

I still find it absolutely absurd that someone can "own" the bed of the river. It's like someone saying they own below the hitide mark in the ocean. I think that it's time for the Upstate New Yorkers to get on the stick and STICK it to Douglaston in his raping of the fishermen. AND stop electing CARPETBAGGERS like H. Clinton. Let's face it there ain't a whole hell of a lot that earns the bucks as the salmon fishing in and on the Salmon River. To have ONE or more individuals controling the fishing for fish that WE THE FISHERMEN and WOMEN PAY FOR with or license fees is absolutely ludicrous. I spent over $400.00 bucks in license fees, camping costs, food and many beverages for myself and my two boys and one of their friends. The other guy with me spent close to $200.00. That's 600.00 bucks to an economy that is somewhat strained. If I can find another place with less aggrivation and more civility of the land owners, I'll forgo the Salmon River in a heart beat and take mine and many of my friends hard earned $$$ elsewhere. I have not spent lots of time looking elsewhere, but I think that it's time that I do.

[gman2153]

don;t know about NY law, but in Pa is a river or stream is classified ny the state as a "Navigable Waterway" you have access on private property - not only in the streambed but up to the high water marks on the banks...

This classification goes back top the old days when lumber and coal barges traveled the river.

A court case about 3 years involving a young guy-vs-private fishing club on the Lehigh River proved the law correct. FINALLY THE LITTLE GUY WON OVER BIG $$$.


I think it would be worthwhile researching NY law in your case.