Yuba 5-7-07

[amoeba]

fished 3-8 pm, dries only:

hassled late by fishermen - telling me I'm trespassing, am I member of "club", lecturing (you cut in "front" of us blabla). spent a few minutes watching them, waited till they moved downstream, before crossing the river, and casting into the same area they tromped over.

took about 4 pattern switches to get a take - what a monsta. big female. 18+ on small caddis (#18 e/c). took 1 very long run before surfacing 2 feet in air.

I had nothing to say to the 2 fishermen, but the fish did, and I quote:

ZZZZZZZZZZZZZZZZZZZZZZZzzzzzzzzzzzzzzzzzzzzzzzzzzZ ZZZZZZZZZZZZZZZZZZZZzzzzzzzzzzzzzzzzzzzzzzzZZZZZZZ ZZzzzzzzzzzzzzZZZZZZZZZZZZZZ!!!!!!!!!---ZZZZZZZZZZZZZZZZ!!!!!!!! ----ZZZZ!!!! ---ZZZ!!!!!!!


translated - "we say no to Yuba Outdoor Adventures"

[Matt Steffens]

Amen Brother!

I get sick of those guys getting there panties in a bunch about "trespassing" on there club land. Way to show them. I am thinking about fishing up from parks bar this wednesday, see any bugs out and about?

[Fishcamp]

I have been hassled more than once by property owners on the yuba about trespassing and am still unclear what the rules are. I had a local sheriff tell me that the area above the bridge is all private property, even if you are in wading. Does anybody have any input.

[gilly]

Every time I go to fish the Yuba just below the narrows, I always get hassled by a tall goofy lookin' guy. I mean, I've spent the time to hike in and all I get is dirty looks from this guy who is flexing his muscles high up on the cliff near a home or trailer or something. I mean the guy looks like a gladiator and he looks like he could kick some ass, but hell I'm just trying to rip lips during the evening hatch. He kept yelling that his name was Jan Charleston............ or something to that effect. Anyways he gets pretty T.O'd when people fish near the narrows. I'd watch out, he seems a bit wacko.

[Darian]

OK guys,.... I know it's tempting to cross property to access the river but let's all be carefull up there.

Wading in a navigable river is different than trespassing on private land to get to the point where you can wade..... :? Property owners have closed entry up there for what they see as very good reasons. Most have stories to tell about cleaning trash up left by visitors on their land and others cite vandalism. :( :(

I've done some visiting to farmers/ranchers in the area to try to gain permission to trespass without success. Each of those persons I contacted were polite (even friendly). If we ever hope to gain access up there, trespassing or agravating a land owner is not gonna help the cause. 8) 8)

[amoeba]

errr. first the bug report, then the diatribe:

bugs - yellow cahills (#16 and smaller), dark-bodied caddis (#14-18), and yellow locusts (very large - 1 inch+). Saw no stones.

diatribe - The only people I see trashing the river is YOA; what with their erecting of all sorts of barbed wire and fences, driving on the river banks, smoking.

And...we are all talking about accessing the river by walking upstream from highway 20.

Incidentally, as I understand it, YOA doesn't own any of this property. They think they bought "exclusive fishing rights" from the owners.

So - you might be thinking - how come we can't walk in through the University (UC sierra) property on the north side? good question. especially since our department of fish and game gave UC the old hatchery building on Lake tahoe for public access thru the UC sierra property.

Despite this, there was no access for years - (UC even erecting their own no trespassing signs); and when pressed UC re-negotiated something that boils down to 10 fishermen on 4 weekends, drawn by lottery. Not exactly my concept of public access.

[Darian]

Amoeba,.... Seems to me that you haven't been opening your eyes if you think the only part of the riparian habitat on the Yuba that has been trashed is on the stretch above the Hwy 20 bridge. Try the private areas around the foot of Walnut or Hallwood Avenues where I used to have access thru a farmers property. On display are dumped appliances of all shapes/sizes plus picnic supplies/garbage.... All of this left by, you guessed it, fisherman. :( :( :( In the years that I could access this property, I saw fisherman across the river take over-limits and dump crap all over the banks there, too. They were locals who entered thru a fruit farm. 8) 8) 8)

All of that aside, you're missing the point of my original post. You might be right but testing whether you are may carry some negative consequences for you. So, be careful. 8) 8) 8)

[amoeba]

I wuz at hallwood sunday as well,

I didn't see a scrap of anything. I haven't ever seen a fisherman, and a fly fisherman in particular, leave anything. I didn't see a single appliance of any kind.

I'm not testing anything. I have been accessing the river a long time before YOA ever existed. I'm using the same historical accesses that I have used before.

What the heck "negative consequences" are you talking about? I wouldn't think twice about calling the sheriff myself if they hassle me again.

Listen to the fish (see above); just say NO to YOA. Amoeba out.

[slipjoint]

what happened to all the guys on here who said the law is the law? :shock: guess it don't count in this case

[David Lee]

what happened to all the guys on here who said the law is the law? :shock: guess it don't count in this case


Members of the public have the right to navigate and to exercise the incidents of navigation in a lawful manner at any point below high water mark on waters of this state which are capable of being navigated by oar or motor propelled small craft. (People ex rel. Baker v. Mack (3d Dist.1971) 19 Cal.App.3d 1040, 1050 [97 Cal.Rptr. 448, 454].) This includes waterways capable of being navigated only by kayak. (People v. Sweetser (5th Dist. 1977) 72 Cal.App.3d 278, 283 [140 Cal.Rptr. 82].) Commercial use of a waterway is not required as �a waterway usable only for pleasure boating is nevertheless a navigable waterway and protected by the public trust.� (National Audubon Society v. Superior Court (1983) 33 Cal.3d 419, 435 n.17 [189 Cal.Rptr. 346, 658 P.2d 709].) citing People ex rel. Younger v. County of El Dorado (3d Dist. 1979) 96 Cal.App.3d 403 [157 Cal.Rptr. 815, 817] and People ex rel. Baker v. Mack (3d Dist.1971) 19 Cal.App.3d 1040 [97 Cal.Rptr. 448, 454]

Lands flooded by navigable waters are subject to the public�s right to fish and pass over them


That about covers it , I think .

David :)

[slipjoint]

well if thats the case no one should have anything to worry about should they - the law is the law - so if your not tresspassing - fish away - but if you don't want to get shot or a ticket for tresspassing i would suggest you enter this navigable water at a legal access point or just have your attorney on speed dial - but bewarned poor cell service in the goldfields -

[Sierrapacific]

David is right. As long as you access a navigable water via a legal access point you can lawfully walk in or along it as long as you stay between the mean high water mark and the shorline. The only problem is that often local law enforcement is not very well versed on tresspass laws. Even if they are, they may write a citation anyway (just to keep the locals happy) and let lthe DA decide if he/she wants to prosecute. In the meanwhile you have to go through all kinds of BS trying to nip the thing in the bud. I was once cited (bogusly) for tresspassing in Yolo County and they sent me a letter requesting that I present myself at the County Jail for booking! Not wanting to submit myself to such indiginity I was fortunately able to nip it in the bud (which is a whole other story) and get the whole thing dropped. The point that I am try to make is, even if you know the law is on your side, be prepared for the possibility of getting hassled anyway. As for me, I'm going to take my chances above the HWY 20 bridge.

[David Lee]

I just cut/pasted what Tristan wrote .

I'm not too keen on trespassing on private land . A stream bed ....... well , that's another story . I've fished the lower stretches of the Bolla Bokka (did I spell that right ??) by wading , never getting out onto the posted land , and Dry Creek in Rocklin ..... where a woman ragged me up and down for being on her posted LAND .

She was adamant that I get my happyself the F off her property , I explaned as best I could that a flyrod usually isn't used (or useful , for that matter ...) for crackhead activites including , but NOT limited to breaking into houses/sheds . stealing stuff , vandalism , carjacking , rape , etc. ..... I guess she didn't really understand that I was in a creek , during open season - had I left the water , perhaps she would have had a leg to stand on . I couldn't have blamed her for being bent if I was on land , but I wasn't .

Sure pee'd her off when I thumped a nice Smallie from a hole just at the end of her yard . She then started in on how I was destroying the wildlife .

When I released that Bass ........ she looked at me like I was nuts .

David

[Ed Wahl]

"I'm not too keen on trespassing on private land " :lol: :lol: :lol: :lol: :lol: I won't tell if you don't. Ed

[David Lee]

"I'm not too keen on trespassing on private land " :lol: :lol: :lol: :lol: :lol: I won't tell if you don't. Ed

Last time I ever take you trespassing with me - [-X

That one doesn't count - I fished there BEFORE the masses of asses built homes around MY ponds ......

David :twisted: