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