If you see a private lake....

[Fish On]

...And it looks good, do you sneak on and fish it?

Me, yes. I have a boat, and fish from it alot. But most of my fishing is done by shore. There's so many little gold mine lakes around me, that I just can't resist going on. I know it sounds bad, but it's just a rush I can't describe. I only go to them at night with my fish'n buddy. I think we are getting bad now though. We have been using google earth to scout new lakes out in the area.

[GatorBK]

So your the guy who has been catching all my fish > ......lol ;D Be careful some people keep a shotgun loaded for people that sneak in to ponds.

I ask permission I have found thats better now that I am older and cannot run like I used to lol ;D

there are several trout ponds in NC that people do that ..I wouldnt do it to a private person because those fish cost money as does the feed and pond maintenence

There was a place in NC the Asheville watershed that a person could jump the fence and on a still night when the frogs were chirping catch a bass nearly every cast on topwater and the smallest ones were 4 or 5 pounds. And the bluegill there were 2 pounds they hit topwater as well

Thats what I was told anyhow

[flyphisher #]

DO that around here, you get shot or you go to jail...If you live through the shot part, you will get to do both ;D.....

NOT SMART >.... I dont do it, so i dont like people that do. and to brag about it on the internet... :

[Guest avid]

In priniciple sneaking onto private property to fish is wrong.

Legally, it's illegal.

but to my mind there can be a difference between going onto huge tracts of land owned by a mining company and going onto a lake in a private communtiy where people are living and paying to maintain that lake and the fishery.

I can tell you that I understand the "rush".  It is exciting to something "forbidden", but your risking alot.

In my area, if you get caught, it's poaching, and trespassing.  The folks take it mighty seriously and prosecute aggresively.  Response time is very quick.  We don't call 911 or fish and game, we call one of the several police officers who live in the community and fish the lake.  they come quickly and don't accept any excuses.

You will be handcuffed, locked up, your truck, boat, and all fishing equipment confiscated.

Serously, they don't play.

Is the rush worth it?

[Fish Chris]

Back when I was a kid, yes probably. The ironic thing is, I have learned that private ponds "ALMOST NEVER" produce the biggest bass. Ponds are ususally good for good numbers of nice fish. But if you want to catch a true giant, your much better off fishing public waters that get hammered on a lot more. The increased harvest leaves more food, and more space, for the fish that are left.

Here's a (typical) case in point; Ya' know that 14.40 lb'er I posted a while back ? Okay, the lake record from that place is 18.7... and my PB from that lake is 16.5. Now, just up over the hill from that lake is a totally private lake, and I can't tell you I'm not intrigued by the place ! Heck, just by the clear blue water I can see from the satelite images, if nothing else.

However, I know of several guys, mostly young guys (kids) that have snuck onto the place, and have stuck ALL kinds of nice bass, but nothing over 8 lbs.... ever. Now this might seem just totally awesome to a lot of you guys, but you must remember that at the public pond that I fish at, a few miles away, I won't hardly even bother to take a photo of a bass if its not 10 lbs.

One kid was actually bragging to me about how many, and how BIG of bass they had been catching from there, to which I told him, "Alright, check it out... Why don't you show me a photo of the biggest bass you catch from that place this Summer, and I'll show you a photo of the biggest bass I catch from totally legal, public waters". I never heard back from him :-)

Anyway, if your going to fish private ponds without permission, you need to understand that being arrested would be a "lucky" thing, as opposed to being shot. Think twice. Act once.

Peace,

Fish

[Guest the_muddy_man]

private   MEANS  private

TRY FINDING THE OWNER AND ASK PERMISSION :

[bigdog]

Come to my private lake and I'll have you thrown in jail. Your fishing and hunting wrights should be taken away where your from and any thing that you own to aide you in doing so should be confisated.

[ABA CAST CHAMP 2006]

The only thing a landowner can do is ask the trespasser to leave and if the trespasser does not, then call the law.  There is only one state in the USA, Texas, that allows landowners to shoot trespassers after dark.  Anywhere else, any time of day, in all states it is illegal unless the trespasser poses a situation in which the landowner must defend him/herself.

So, trespassers, unless you're in Texas after dark, then you should be safe, but that's no guarantee since there are quite a few insane people out there in the world.  No one wants to get shot, but if you do (and live to tell about it) then you could probably be recompensated through a lawsuit.  Just ask permission.  It's a whole lot easier to deal with a happy landowner, who might say yes or who might say no, than it is to deal with an angry landowner.

[flyphisher #]

I'd rather be sued for "dealing with a trespasser" than I would to be sued and lose everything because that trespasser has fallen in or drowned.....It has happened...My former landlord was sued for a trespasser falling in his private lake during winter and getting sick and had to pay.....Judge ruled that a 27 acre lake was no different than a unfenced swimming pool basically.public danger/nuiscence...

[Alpster]

I am a licenced land surveyor and trespassing is my buisness. LOL There is no such thing as trespassing in most states unless the land is properly fenced and POSTED. It is very expensive and a lot of work to legally POST private land. Depending on the state, it can involve public notice (a news paper ad), documents filed with the county clerk, fencing that meets minimum requirements, signs at minimum intervals and proof that you inspect and review all of the above at regular intervals. Usually only government agencies do it properly, because they can afford it.

With all that said, there is no reason to trespass on private property to fish a pond. The following is my private pond story.

I spotted a beautiful 6 acre pond in Amite, LA when I was surveying the right of way for a 500 KV power transmission line from the Pearl river in MS to Baton Rouge. I stopped to ask the owner (turned out to be the care taker the owner lived in NY) if I could fish the pond. His answer was an emphatic NNNOOO!! So I changed the subject and asked what he knew about the big power line that was comming through. He was very interested (as was everyone as this was a very controversial project) so I gave him a few juicy pieces of information and promised I would stop by from time to time and keep him up to date on the power line.

Anyway, I stopped by once a week or so and chewed the fat with the old guy and told him what I knew about the power line, which wasn't much, but he enjoyed the conversation. One day I learned he was partial to Mountain Dew soft drinks and salty peanuts, so I began bringing some along on my visits. After almost a year went by, during one of these visits I asked, "so when are you gonna let me fish that pond?"

He laughed out loud and said "you can fish it anytime, just don't leave a mess and let me know you are here". My personal best bass came out of this pond and it was worth the time & Mountain Dews. Be a good neighbor, talk to the land owner and fish without worrying about getting caught. Leave things better than you found them.

JMHO

Ronnie

THE FISH...............

[Pond-Pro]

Cool story Alpster!!!  

No, I do not tresspass in ponds to fish.  I have had good succses asking for permission.

[Low_Budget_Hooker]

Absolutely not.                                                                                                                                            

[grimlin]

Oh how i miss TX.... ;D I wasn't stupid enough to try to pull that there,i won't do it here in Michigan either.Lately just talking to people being friendly,i get invited to private ponds...which is really cool.Otherwise i would just ask the owner if i can fish it and if there is any rules i need to know.

A guy at work i know told me all i had to do was bring his brother a case of beer and invite him to fish with me bringing all the bait and tackle and i could use his pond.Before i could the guy transferred out of the company,so i never got ahold of him. I'm kicking myself for that one.

[preach4bass]

The only thing a landowner can do is ask the trespasser to leave and if the trespasser does not, then call the law. There is only one state in the USA, Texas, that allows landowners to shoot trespassers after dark. Anywhere else, any time of day, in all states it is illegal unless the trespasser poses a situation in which the landowner must defend him/herself.

So, trespassers, unless you're in Texas after dark, then you should be safe, but that's no guarantee since there are quite a few insane people out there in the world. No one wants to get shot, but if you do (and live to tell about it) then you could probably be recompensated through a lawsuit. Just ask permission. It's a whole lot easier to deal with a happy landowner, who might say yes or who might say no, than it is to deal with an angry landowner.

;D ;D ;D That's funny.  Are you joking?  "The only thing a landowner can do is ask the trespasser to leave."  That's wrong in any state you live in.  The landowner CAN slit the tires to the trespassers car.  The landowner CAN beat the snot out of the trespasser.  The landowner CAN shoot the trespasser.  Trespassing is illegal (just like slitting tires, beating the snot out of someone, or shooting them).  Why risk trespassing illegally to get shot illegally?  Trespassing is just dumb.  Bad things CAN happen.

[Catt]

Louisiana Criminal Trespass Law

LA R.S. 14:63

A. No person shall enter any structure, watercraft, or movable owned by another without express, legal, or implied authorization.

B. No person shall enter upon immovable property owned by another without express, legal, or implied authorization.

C. No person shall remain in or upon property, movable or immovable, owned by another without express, legal, or implied authorization.

During day light hours you'll probably be arrested but at night you'll probably get shot  

[Cephkiller]

Are you seriously asking this or are you just trolling?  Of course you don't fish it.  I hope you change your tune or someone changes it for you very soon.

[Alpster]

FYI

From the "Encyclopedia of Everyday Law"

Trespassing is a legal term that can refer to a wide variety of offenses against a person or against property. Trespassing as it relates to real estate law means entering onto land without consent of the landowner. There are both criminal and civil TRESPASS laws. Criminal trespass law is enforced by police, sheriffs, or park rangers. Civil trespass requires that the landowner initiate a private enforcement action in court to collect any damages for which the trespasser may be responsible, regardless of whether a crime has been committed. Traditionally, for either type of trespass, some level of intent is required. Thus, the trespasser must not simply unwittingly traverse another's land but must knowingly go onto the property without permission. Knowledge may be inferred when the owner tells the trespasser not to go on the land, when the land is fenced, or when a "no trespassing" sign in posted. A trespasser would probably not be prosecuted if the land was open, the trespasser's conduct did not substantially interfere with the owner's use of the property, and the trespasser left immediately on request.

For what it's worth......

Ronnie

[Ky_Lake_Dude]

Hey That was you my dad chased off the other night. naw Im just messin with you. just be careful cause there are people that might send some lead flyin your way. If the land is not posted as NO TRESSPASSING I don't think you can be prosecuted for being on someone else's property.

[flyphisher #]

In GA, it doesnt matter if its posted, fenced or anything. If the SD/dnr come out there for a complaint, something is going to happen. There have been non-fishing canoeist forced to carry canoe several miles at gunpoint until they were where a SD could come and arrest them.... If they dont think you have money to fight it, you get written up. Might not be like that everywhere....but that how is works most places here...

I feel pretty strongly about this, The adjoining landowners teenage son and his friends snuck onto my property shot my ducks on my pond and left them...and hauled arse....My dad caught up with them, and gave them a talking too...They said they thought it was their land too..... Crossed 2 fences and ran like hell after they shot....I didnt have ducks again for 3 weeks...After draining,planting, reflooding.....

[grimlin]

Here's what you guys can do...buy a paintball gun(a decent one not a $20-$50 cheapo) and shoot trespassers...not only is it legal,they hurt like heck too.*Keep in mind*Not trying to encourage violent behavior... ;D

I got an automag that can shoot 200 paintballs in less than 30 seconds....I'd put fear in my trespassers...lol

[flyphisher #]

Paintball gun would work as long as the other guy isnt armed with something bigger or doesnt go to his truck and come back..... Prollie still get sued this day in age and lose. More than likely he'll get a warning and you will go to jail when the cops show up.

Here the court rule in favor of and LE  is going to go after who ever is least likely to have the resources to fight back in court and rip them a new one. Unless you know the right people or you are one of the right people, you dont get away with trespassing, dont care what the actual "law" is.

Food for thought....

[Redlinerobert]

Trespassing is ILLEGAL.  One of these days you will run into the WRONG land owner who will have you arrested or worse.  The longer you go with fishing in these waters the closer you come to a confrontation.

[RecMar8541]

A few weeks ago now I was sitting at home and heard an airboat fire up on the lake.  Noone here has an air boat, so I went down to my boat and was amazed.  As I was leaving the ramp and heading towards the air boat, so were 3 other home owners here.  Needless to say the air boat went straight to the ramp, and left after a short discussion.  It was kept very civil and was a very low keyed confrontation.  

While I completely disagree with sneeking into private ponds, It is in the interest of most land owners to have law enforcement solve the issue, or resolve it non violently.  The bravado of talking of lead flying maybe much easier than actually making lead fly and end up in court, being sued by a tresspasser.  

[extreme1018]

how would you like it if you spent hundreds or thousands of dollars digging out a pond and having it stocked with bass and blugills. taking years of feeding and nuturing all the time so you can have your own little piece of nature only to some some stupid punk come and catch all your fish at night while your were asleep. let me guess you probably dont tell your other friends about   " YOUR " secret honey holes because you dont want then to fish in those places even though they dont belong to you. i you think it is a rush fishing this way then just imagine what kind of adrenaline rush you will get as bullets are wizzing over your head. it is quite the rush as i have experienced this unusual phenomena, however i do not have a great desire to do it again......... if you want to fish a private pond find out who owns it and ask.. if they say no you may be able to find friends of the owner that can persuade them to let you fish. this has worked for me as i now have exclusive rights to fish one of the best bass ponds aroud here and i can even bring a friend but only one. however my friends cannot fish there unless i am with them..... if you promise to leave the place clean, not to take any fish (unless the owner wants one for himself) and dont bring a bunch of people he may let you fish

[extreme1018]

the paintball gun is a "VERY VERY BAD IDEA" paintball guns are designed to be used in a game, not for defending yourself.... there are ALOT of people that think that paintball guns are weapons and want them banned everywhere. please dont go do something stupid and shoot someone with a paintball gun that is not wearing a paintball mask. the last thing you would want is to shoot someone in the eye ear or mouth with a paintball gun and injure that person.(even if he deserves it) it leaves a very bad image on the sport and the game of paintball. there are many counties in the U.S.A. and many countries around the world that have banned the use and sale of paintball guns. for those of us that enjoy the game please dont be stupid and ruin it for us........ there are many companies that make self defense items that would suit your needs and a paintball marker is not one of them