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Off Limits to Fishing in Arizona
In my understanding its illegal for a private party to post public land NO
HUNTING or public water NO FISHING in Arizona. In fact, I when I used to hunt and trap for months at a time through the winter I recall see state lease grazing land post as no tresspassing except for the purpose of legally harvesting wildlife. Wording varied, but basically if you had a hunting, trapping, or fishing license and were engage in that activity you could enter the area. I recall farmers trying to post state lease land against hunters and being told by Az Game & Fish to remove the signs. Basically a governement agency with direct jurisdiction can post land or water, and other regulaions may limit the ability to hunt or fish such as not being allowed to hunt within a certain distance of an occupied building. However any other private closure of public land or water to hunting or fishing requires a commission special order from the Arizona Game and Fish Commission. Then it is supposed to be posted as POST NO (HUNTING/FISHING) BY COMMISSION ORDER #XXXXXXXX. When I was up at Lake Havasu over the weekend I noticed a couple privately owned marinas had posted signs like one I saw at Havasu Springs that say ABSOLUTEY NO FISHING FROM DOCK OR IN HARBOR. No commission order indicated. Now its my understanding that they own the docks and can legally post them as no fishing from dock, but that they don't own the water. Its still public water. Does anybody know if I understand the statutes correctly and/or if they actually do have a commission order to post those waters as off limits to fishing? -- Bob La Londe Cheapskate's Ways to Do Fishing Stuff (The Frugal Fisherman) Through the Month of October 2005 http://www.YumaBassMan.com |
"Bob La Londe" wrote in message
... In my understanding its illegal for a private party to post public land NO HUNTING or public water NO FISHING in Arizona. In fact, I when I used to hunt and trap for months at a time through the winter I recall see state lease grazing land post as no tresspassing except for the purpose of legally harvesting wildlife. Wording varied, but basically if you had a hunting, trapping, or fishing license and were engage in that activity you could enter the area. I recall farmers trying to post state lease land against hunters and being told by Az Game & Fish to remove the signs. Basically a governement agency with direct jurisdiction can post land or water, and other regulaions may limit the ability to hunt or fish such as not being allowed to hunt within a certain distance of an occupied building. However any other private closure of public land or water to hunting or fishing requires a commission special order from the Arizona Game and Fish Commission. Then it is supposed to be posted as POST NO (HUNTING/FISHING) BY COMMISSION ORDER #XXXXXXXX. When I was up at Lake Havasu over the weekend I noticed a couple privately owned marinas had posted signs like one I saw at Havasu Springs that say ABSOLUTEY NO FISHING FROM DOCK OR IN HARBOR. No commission order indicated. Now its my understanding that they own the docks and can legally post them as no fishing from dock, but that they don't own the water. Its still public water. Does anybody know if I understand the statutes correctly and/or if they actually do have a commission order to post those waters as off limits to fishing? I also recall when I launched my boat at Lake Havasu State Park (Windsor Beach) the only signs around the docks and launch area indicated you could not fish from the docks, and that was it. -- Bob La Londe Cheapskate's Ways to Do Fishing Stuff (The Frugal Fisherman) Through the Month of October 2005 http://www.YumaBassMan.com |
From: "Bob La Londe"
| | I also recall when I launched my boat at Lake Havasu State Park (Windsor | Beach) the only signs around the docks and launch area indicated you could | not fish from the docks, and that was it. | -- Bob La Londe Cheapskate's Ways to Do Fishing Stuff (The Frugal Fisherman) Through the Month of October 2005 http://www.YumaBassMan.com It could be just like here in Jersey where they post "No fishing or crabbing from bridge". It is done for personal safety. As for "NO FISHING FROM ... HARBOR" I don't know. What does that mean ? Have you contacted Arizona Fish & Game ? -- Dave http://www.claymania.com/removal-trojan-adware.html http://www.ik-cs.com/got-a-virus.htm |
"David H. Lipman" wrote in message news:gVv2f.19151$3w.18507@trnddc07... From: "Bob La Londe" | | I also recall when I launched my boat at Lake Havasu State Park (Windsor | Beach) the only signs around the docks and launch area indicated you could | not fish from the docks, and that was it. | -- Bob La Londe Cheapskate's Ways to Do Fishing Stuff (The Frugal Fisherman) Through the Month of October 2005 http://www.YumaBassMan.com It could be just like here in Jersey where they post "No fishing or crabbing from bridge". It is done for personal safety. As for "NO FISHING FROM ... HARBOR" I don't know. What does that mean ? Have you contacted Arizona Fish & Game ? Yes, I e-mailed several of my contacts at AZ G&F and the State Attorney's General Office. ***** E-Mail to Attny Gnrl ***** In my understanding its illegal for a private party to post public land NO HUNTING or public water NO FISHING in Arizona. In fact, I when I used to hunt and trap for months at a time through the winter I recall see state lease grazing land post as no trespassing except for the purpose of legally harvesting wildlife. Wording varied, but basically if you had a hunting, trapping, or fishing license and were engage in that activity you could enter the area. I recall farmers trying to post state lease land against hunters and being told by Az Game & Fish to remove the signs. Basically a government agency with direct jurisdiction can post land or water, and other regulations may limit the ability to hunt or fish such as not being allowed to hunt within a certain distance of an occupied building. However any other private closure of public land or water to hunting or fishing requires a commission special order from the Arizona Game and Fish Commission. Then it is supposed to be posted as POST NO (HUNTING/FISHING) BY COMMISSION ORDER #XXXXXXXX. When I was up at Lake Havasu over the weekend I noticed a couple privately owned marinas had posted signs like one I saw at Havasu Springs that say ABSOLUTELY NO FISHING FROM DOCK OR IN HARBOR. No commission order indicated. Now its my understanding that they own the docks and can legally post them as no fishing from dock, but that they don't own the water. Its still public water. Does anybody know if I understand the statutes correctly and/or if they actually do have a commission order to post those waters as off limits to fishing? Side Note 1: I also recall when I launched my boat at Lake Havasu State Park (Windsor Beach), a state operated facility, the only signs around the docks and launch area indicated you could not fish from the docks, and that was it. This seems to support my original assumption that you can not post the water as off limits to fishing accept by commission order. Side Note 2: While not directly related I recall a couple years ago where parks in the Phoenix area had posted NO FIREARMs. A fellow who believed he was legally carrying his open carry personal sidearm was asked to leave. He then inquired of your office and was told in fact it was perfectly legal for him to carry in that public park. The city involved acknowledged that but said the signs would remain. This seem to indicate that the state has allowed illegal postings as long as they are not enforced. -- Bob La Londe Cheapskate's Ways to Do Fishing Stuff (The Frugal Fisherman) Through the Month of October 2005 http://www.YumaBassMan.com ***** END ***** I sent similar messenges to my contacts at AZ G&F. I'll post their replies if any. |
I suppose laws of the state, county and municipality would need to be
accounted for. Obviously, someone enforced it --I suppose the municipality-- since he was asked to leave. |
I do believe the more specific area would take precedence. Municipalty over
county over state over federal. |
From: "Dom" dom@invalid
| I do believe the more specific area would take precedence. Municipalty over | county over state over federal. | No. State law always over-rules county and local jurisdictions. -- Dave http://www.claymania.com/removal-trojan-adware.html http://www.ik-cs.com/got-a-virus.htm |
"Dom" dom@invalid wrote in message eenews.net... I suppose laws of the state, county and municipality would need to be accounted for. Obviously, someone enforced it --I suppose the municipality-- since he was asked to leave. I assume you are referring to the city's attempt to circumvent the state of Arizona's open carry law. The State Attorney General said he did have the right to carry. They did not force the city to remove the signs. The state does allow for prohibition of carry by posting in privately owneed buildings. In public buildings they provide a place to check sidearms upon entry, such as at a court house. My point for posting that particular item was to demonstrate some strange circumstances regarding signs posting things and the actual law. I have written to the State Attorney General a couple times in the past, and found that if you gave them a couple refferences they tend to actually take the time to give you a proper answer rather than throw generalizations at you. -- -- Bob La Londe Cheapskate's Ways to Do Fishing Stuff (The Frugal Fisherman) Through the Month of October 2005 http://www.YumaBassMan.com |
"David H. Lipman" wrote in message news:hCM2f.31630$q81.2333@trnddc06... From: "Dom" dom@invalid | I do believe the more specific area would take precedence. Municipalty over | county over state over federal. | No. State law always over-rules county and local jurisdictions. I don't know if that is always the case, but in general state law will often allow for specific regulation by the local municipality. For instance there are state madated building codes, but the county or city may have additional regulations. The state does have the option to make a law that is blanket for the state. Often though it allows for local variations such as in building codes. -- Bob La Londe Cheapskate's Ways to Do Fishing Stuff (The Frugal Fisherman) Through the Month of October 2005 http://www.YumaBassMan.com |
"Bob La Londe" wrote in message ... "David H. Lipman" wrote in message news:hCM2f.31630$q81.2333@trnddc06... From: "Dom" dom@invalid | I do believe the more specific area would take precedence. Municipalty over | county over state over federal. | No. State law always over-rules county and local jurisdictions. I don't know if that is always the case, but in general state law will often allow for specific regulation by the local municipality. For instance there are state madated building codes, but the county or city may have additional regulations. The state does have the option to make a law that is blanket for the state. Often though it allows for local variations such as in building codes. Also, a states constitution may have an affect on who has ultimate authority over some issues. I have to add, there are some examples of this that seem to imply that local jurisdictions seem to have precedence. For instance in California some municipalities have much more restrictive firearms laws than the state of California. For instances contrary to popular belief Ca has an open carry law. However it allows municipalities to prohibit open carry. In those case you can only carry if you get a concealed carry permit from your county. If I get the specifics wrong forgive me. I try to avoid going to California. In addition In the LA area there are even much more restrictive firearms ordinances. In my understanding they don't trump state law, but are allowed by state statute to have further restrictions in addition to those drawn out by the state statute. At first glance it appears that the local ordinances take precedence over state statute. Situations like this make it very difficult to determine who has the ultimate authority. I'm certainly not trying to start a gun thread here. Just happens to be an area where I have paid a little more attention whenever it has come to public attention. -- Bob La Londe Cheapskate's Ways to Do Fishing Stuff (The Frugal Fisherman) Through the Month of October 2005 http://www.YumaBassMan.com |
Call the local police department and ask them. I think you will find them
quite receptive to answering these sort of questions. |
Off Limits to Fishing in Arizona
Oddly enough Virginia passed a preemption law that says only the state
legislature is allowed to restrict handgun carry - municipalities and other government entities can not pass more restrictive laws. That didn't stop the state parks from saying that you cannot carry a handgun within the park even though they don't have the authority (the park service does not; the legislature does). They have publicly said they will arrest anyone caught with a handgun. Guess it's up to the "offenders" lawyer to get him off the hook. I wouldn't want to be the guy to test it - I couldn't afford to spend months in jail and spend a bundle on a lawyer. I guess my final point is just because it's not legal doesn't mean someone won't try to enforce it. Mike "Dom" dom@invalid wrote in message eenews.net... I suppose laws of the state, county and municipality would need to be accounted for. Obviously, someone enforced it --I suppose the municipality-- since he was asked to leave. |
Off Limits to Fishing in Arizona
That didn't stop the state parks from saying that you cannot carry a
handgun within the park even though they don't have the authority (the park service does not; the legislature does). They have publicly said they will arrest anyone caught with a handgun. Actually, it is legal to carry a concealed handgun in Virginia State Parks, and their website clearly states such. |
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