No Trespassing....

[Darian]

Just finished reading an article by Henry Cowen in the latest issue of Fly Fishing in Salt Waters titled, "Forbidden Waters". In this article he tells stories about places he's fished that were posted as off limits or no trespassing. The article isn't intended to point out specific places but does in some cases. I like the authors writing style and the stories he tells.

I found it nostalgic when I think about all of the places I've "snuck" into to fish over the course of my life. When I was a teenager, I snuck into and fished in ponds in a neighborhood cemetary and a couple of golf courses, parks and on a few private ponds. Not many trout involved but I molested a whole bunch of warm water fish. One of my favorite places to fish off was the breakwater at King Harbor in Redondo Beach when it was being constructed (the wire fence across it wasn't installed yet). My buddies and I would hike out to the first bend and start fishing there using artificial flies/lures. It was always good for Bonita and the occasional Barracuda or Yellowtail where the Edison outfall bubbled up.

Good times....

[David Lee]

I hear ya .

Quite a few of my good spots have gone private over the years . Kind of difficult to see a sign and fence around a Pond you've enjoyed and looked after for a long time . I tend to take the "NO TREPASSING" sign as more of a suggestion , rather than a hard rule . And yes - I am aware that that would be illegal .

D.~

[JoeFin]

Question is are all of these "No Trespassing" signs legitimate

I've been told there are a great many rivers here in California which are basically "State Land". They can own the land right up to the river, but once your in the river bed your legal.

Also most of the "Gold Claims" on the rivers only grant them authority over removing minerals. As long as your fishing and not panning for gold you have as much right to be there as they do.

I only bring up these questions because there has been a growing trend to "Assume" certain Rights over public lands and post a bunch of "No Trespassing" signs when they don't actually have the right to deny you access. Of course I'm not talking about arguing the point of the barrel of a shot gun, but would more likely let the sheriff do my arguing for me should they brandish a weapon denying me access to State/Federal Lands

[Darian]

This thread wasn't intended to start a gripe session on legal rights.... Actually, I was trying to convey how much fun it was as a kid to sneak into some of those places, fish with a handline/bait and carry some sunnies home in your pocket while trying to get past the security guy at the gate without notice. I'm sure some of those guys probably knew what we were up to but got a kick out of watching a kid trying to walk and control fish in the pocket of our jackets.... Maybe they fished there after hours(???).

Back in those days law enforcement/security types were more likely to take you home, knock on your door and turn you over to your parents for some good ol' fashioned discipline than take you in for booking. Shows how much thing have changed with idiotic zero tolerance policies. ....Uhh, enough from me.

[Mike O]

Back in the day, taking you home would actually RESULT in some good ol' discipline. Nowadays, much of that discipline is delegated to others, because parents want to be their kids' friend.

As far as busting a no trespassing sign...it ain't the way I was raised. I sill won't hunt or fish private land (posted or not) without permission. Our private property rights are paramount to me.

[JoeFin]

I'm only asking the question - not trying to incite a fishing riot

I'm asking because I remember having a nice conversation with the owner of a gold claim up on the Trinity I met while passing through fishing. Now I see "Active Claim / No Trespassing" signs on obviously inactive claims. Kind of hard to miss the lack of heavy equipment, generators, and shaker tables. Have the BLM land use rules changed?

When I was much younger we used to 4 Wheel up Dry Creek into some fishing holes. The farmers are allowed to run their pumps into the creek and didn't seem to mind us being there other as long as we didn't harm the pumps

BTW: I met Willy Mayes while I had sunk into a 10 acre lake adjacent to a golf course in Sonoma County. Should of had him sign my rubber raft

[Darian]

OK, I give.... According to mining law (almost an ancient bit of federal law from 1872, I believe), claims need to be proved up once a year. Proving a claim involves doing something to try to uncover the minerals sought. On land (surface) claims it involves digging trenches at specific intervals, depths and length to sample the area. Not sure about placer claims but I'd say it's similar. So, if a claim is not proven up in the time limit provided the property owner may evict an take over the claim.

My grandfather moved to Sawyers Bar at the forks of the Salmon river in 1955 and established a claim for placer mining. He proved up his claim, annually, fished and hunted on subsistence for about 20 years before becoming too ill to live that way any longer. My parents and I had to go get/save him from the rough winters up there more than once but he always turned right around and went back.... All in all, a good life I'd say.

You might recall that the USFS and BLM have carried out enforcement actions in the Shasta Nat'l Forest about 20 years ago. It almost caused a riot and involved several years of litigation as supposed miners were establishing claims and building elaborate cabins while not proving up their claims. Ultimately, the squatters were evicted but not without a lot of effort. I only brought up this point to illustrate that what you might be seeing may or may not be a valid claim for now. But, even if it isn't, you may not know who the real owner of the property is and a lot of these guys are trigger happy, tweekers. Think the township across the Eel River from the forks of the main and south Eel River on old Hwy 101 (McCann??). Everybody there is packin'. What appears to be an abandoned claim/shack may indeed be a lab. So, think before proceeding to trespass in remote areas....

[Darian]

I hear ya Mike. I have to admit, I helped raise my son without using corporal punishment and tried to be his friend. He turned out pretty good in spite of my best efforts. Of course, he wasn't raised where I was in south-central L.A. Urban life there involved some form of trespass every day; sometimes trying to out run someone out to get you. in the 40's/50's, my posterior was the scene of many a paddling at the hands of my parents, coaches and school teachers. Not too many of the latter, tho.

In truth, both parents and school staff/teachers are so limited in what they can do to enforce discipline that it's probably not possible to use ol' fashioned discipline techniques without jeopardizing their futures.

I emphasize with law enforcement people today. Since almost everyone seems to be packing heat, they never know what to expect.... It's enough to make a guy paranoid.

[JoeFin]

Sounds to me your Grandpa had it right

I hear ya on the Weott / Miranda area up on the Eel. In fact I lived in Eureka for a couple years, set choker, bucked logs in the woods, and fished about every river and creek in the many miles around the area. Was kind of hoping the medical marijuana thing would have driven most of those guys to go "Semi-legit" (indoors) instead of your average Meth-Head in the woods operation we used to run into occasionally.

I found the information I was looking for http://www.nationalrivers.org/states/ca-law.htm

When I was a kid sneaking into my favorite spot it wasn't so much getting caught by the rancher as it was getting treed by his bull

[Fubar]

So!! No trespassing doesn’t mean No trespassing? Instead it represents a romantic view of our youth of how cool we once were? So we can sit around and talk about our awesomeness when we ignored the law and disrespected other people’s property?
It all becomes clear now.
“No Littering” signs don’t really mean no littering.
“No Live Bait” signs don’t really mean no live bait.
“No Barbless Hooks” signs don’t really mean no barbless hooks.
“Zero Take” signs don’t really mean zero take.
Yada, Yada, Yada.

I guess next we will glamorize the good old days when we tagged and vandalized private property as well.

Mike O. Im with you. I guess it’s about how you were raised and how you raise your children. My sons and I still do not trespass today while hunting or fishing, but that was a behavior instilled from an early age.

I guess its just a time were people are trying to make fishing hip and edgy.

That is all.