Being Told Not To Fish Here

[bigbill]

Ok in fishing a swamp near the road surrounded by private land.  On a low bridge and not on there land.

I was told that no one owns the water and if you can access it without being on there land then you can fish it. The local state DEP guys say I'm right but it can cause problems. So what's a person with disabilities suppose to do?

 

The land owner says to leave. But I'm not on his land.

 

The state DEP guys say I can fish there but it's not worth fighting for?

 

I been fishing there for over a decade before I was told to leave. I caught many smaller bass but never seen a big one yet. I did catch a 30" pickerel there. There has to be big gals there.

 

Is it worth fighting for?

[Revival]

Why after a decade, only recently you were asked to leave?  What kind of "problems" were the DEP referring to?...Were they talking about the land owner?

[Jrob78]

If your safety is at risk, it isn't worth fishing there.  

[bigbill]

The DEP doesn't want any trouble with the land owner I think. But I never seen any land owners there in a decade. Till I got asked to leave.

 

Maybe it's another lost fishing spot . One more lost fishing spot means more to follow.  I wonder if some nice fresh steaks would seal the deal?

[Brian Needham]

I found the key words "low bridge" .........are you fishing from the bridge? if so, many times that is illegal.

 

if you don't mind me asking, what are your disabilities? I ask because, is it possible to move down the creek, further away from the ticked land owner? and more towards public land?

[aquaholic]

You gotta fight for your right to fish! If you are 100% in the right call up dnr and have them come out.

[POPRG]

Call his bluff and fish on!..there is no "gray" area,its either legal for public,or its private...if DEP says its legal,but you have a powertrip homeowner,well,too bad for him.Tell him to call the cops.

 

The only problem which i dont know yet is how are you gaining access to the site? Legal parking?

[tomustang]

If DEP says its public and legal, go fish there, if the guy complains again tell him to call the cops or you will.

I've been though this before and called the cops on ignorant fools harassing disabled folks. They get knocked off their high horse when the law comes around.

[jimmykm21]

Is this the small bridge  on Ashland pond?

[jtharris3]

Tell the guy to **** off and fish on! If he continues the harass you call the cops. 

[SirSnookalot]

If I hadn't caught anything decent in a decade I most likely would have given up on that spot long ago.  But be disabled it may be one of the few places you can access to fish, so I'd stand my ground and let the owner call the police, if harassed or threatened you call them.  The real question is not where your body is but if the owner owns the water, I'm guessing he does not.

[Downeaster2010]

In Maine, we have laws against anyone harassing sportsman in legal pursuit of fish or game.  If they do so

than they can be charged with a crime.

[AK-Jax86]

If there are big fish in there then it's worth fighting for!

[tate]

If it is legal I would respectfully inform the owner that you checked with environmental police and they said it is legal. I would then recommend the landowner can call and have them verify for him or you can call the police now.

[roadwarrior]

If you want to fish there, talk with local law enforcement and ask them to make a "courtesy"

visit to the land owner. On the otherhand, why do you continue to fish dead water? A few

visits over a couple of years during various seasons would be enough for me. It sounds

like a waste of time.

 

 

 

  

[kylek]

Have you ever sat down with the landowner and explained your side of the story?  Maybe if you sat down with them and asked for their blessing then you wouldn't have to worry about getting the law involved.

[bigbill]

I know there are bigger bass there because where do all the baby bass come from? This place gets the spring run off from a larger body of water too.

I hate losing ground in places that are accessible to handicap fishing. We do not have many places were I can fish from the back of the car.

This is a very wide bridge on a dead end road. I can actually park and fish from the rear of the car using a chair. It's an old stone bridge were the water flows under it.It's small like a covered culvert.

I'm going to push the issue soon.

I like it to practice my presentations when I can see what the lure is doing.

Plus the fishing is decent.

[Surveyor]

From a different perspective, I own a lake that has a bridge and road crossing it, and there is a liability issue involved. About 30 years ago someone trespassing, drinking and fishing fell and cut his hand. My family had to pay several thousand dollars plus legal fees.

I never allow anyone to fish there even tho technically the county ownes the road and bridge. I would probably allow a disabled individual fish somewhere else if they asked first, but as it is now its not safe to fish from the bridge. I would even assist a DV.

If you or anyone else just showed up and started fishing I would run you off.

It may be there is a new owner and he deserves the respect of knowledge of your fishing and his ability to give permission.

Let me also say that in many cases the agent that informed you that you don't need permission doesn't know WTH hes talking about.

[derekxec]

i have had to deal with many of these people...i have even had someone tell me that his sprinkler pipe in the water for his sprinklers costed him a million dollars to put in to try to scare me away (i used to be a sprinkler man lol)...even had some people that were fishing in a canal behind some ladies house and she threw all her patio furniture in the water trying to get them to leave lol

 

stand your ground tell them where you are is legal and not their property and if they dont like it its not your problem

[bassguytom]

Have you ever sat down with the landowner and explained your side of the story?  Maybe if you sat down with them and asked for their blessing then you wouldn't have to worry about getting the law involved.

I would try this. He might think you are keeping fish and not know you are disabled.

[derekxec]

you could also just ignore them lol or say ok and smile a bunch of times lol that should get them yelling for a min till they get tired and go back inside

[The Rooster]

you could also just ignore them lol or say ok and smile a bunch of times lol that should get them yelling for a min till they get tired and go back inside

Only to return with a shotgun. Seen it happen, folks are crazy, and it doesn't take much at all to make them feel empowered to make stupid decisions.

[bigbill]

I'm not on there property at all its a town road and bridge.

Second I would never sue anyone.

[Loop_Dad]

I'm not on there property at all its a town road and bridge.

Second I would never sue anyone.

 

So is fishing from the bridge legal where you are? (Someone said illegal above and I have no idea. ) That seems to be the key to this issue.

 

And even if you wouldn't sue, someone else might sue if you get injured there.

[tatertester]

The bridge and the water both should be public property, so access and being sued or suing should be a moot point....Fishing there should be legal....To hell with the complaining adjoining landowner.....Good fishing.