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-   -   Off Limits to Fishing - In Arizona (http://www.fishingbanter.com/showthread.php?t=19547)

Bob La Londe October 10th, 2005 03:56 PM

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 October 10th, 2005 04:01 PM


"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




Steve @ OutdoorFrontiers October 10th, 2005 09:16 PM


"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?


If I were you, I'd pose the same question to one of your local fish and game
people, they would know the statutes pertinant to your state. Trusting the
information received over the internet is a sure way to find yourself in hot
water.

To me, your line of thinking makes perfect sense, but I don't make the rules
in Arizona.
--
Steve @ OutdoorFrontiers
http://www.outdoorfrontiers.com
G & S Guide Service and Custom Rods
http://www.herefishyfishy.com



Bob La Londe October 10th, 2005 10:07 PM

"Steve @ OutdoorFrontiers" wrote in
message ...

"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?


If I were you, I'd pose the same question to one of your local fish and

game
people, they would know the statutes pertinant to your state. Trusting

the
information received over the internet is a sure way to find yourself in

hot
water.

To me, your line of thinking makes perfect sense, but I don't make the

rules
in Arizona.


I have e-mails into Az G&F as well as the state attorney's office. Being
Columbus day I am sure they are all off fishing.


--
Bob La Londe
www.YumaBassMan.com



Bob La Londe October 12th, 2005 01:49 AM

Answer From Brad Jacobson
Region IV Fish Program Manager Arizona Game & Fish

************
You are correct in that the docks are private property and can be closed to
fishing from them. As for the water, it is public water and can only be
closed by going through the Arizona Game & Fish Commission. I am not aware
of any such closure granted by the Commission.

If you have any additional questions don't hesitate to contact me.

Brad Jacobson
Fish Program Manager
Region IV -- Yuma
9140 E. 28th St.
Yuma, AZ 85365
Phone # (928)342-0091
FAX # (928) 343-0730
************
"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?


--
Bob La Londe

Cheapskate's Ways to Do Fishing Stuff
(The Frugal Fisherman)
Through the Month of October 2005

http://www.YumaBassMan.com





Steve @ OutdoorFrontiers October 12th, 2005 02:51 AM


"Bob La Londe" wrote in message
...
Answer From Brad Jacobson
Region IV Fish Program Manager Arizona Game & Fish

************
You are correct in that the docks are private property and can be closed
to
fishing from them. As for the water, it is public water and can only be
closed by going through the Arizona Game & Fish Commission. I am not
aware
of any such closure granted by the Commission.

If you have any additional questions don't hesitate to contact me.

Brad Jacobson
Fish Program Manager
Region IV -- Yuma
9140 E. 28th St.
Yuma, AZ 85365
Phone # (928)342-0091
FAX # (928) 343-0730


If I were you Bob, I would print this out and keep it with you, then fish
the snot out of those docks. When someone complains, give them a copy and
tell them to take it up with Brad.
--
Steve @ OutdoorFrontiers
http://www.outdoorfrontiers.com
G & S Guide Service and Custom Rods
http://www.herefishyfishy.com



Scott Seidman October 12th, 2005 04:19 PM

"Steve @ OutdoorFrontiers" wrote in
:

If I were you Bob, I would print this out and keep it with you, then
fish the snot out of those docks. When someone complains, give them a
copy and tell them to take it up with Brad.
--


There are a few different degrees of "right", and a number of approaches
you can take when you are.

For example, if the private marinas let fishermen park at their
facilities, or provide a ramp, or have a clubhouse willing to sell you a
nonmember a beer when you get off the water, or anything like that that
is an act of kindness for the community that doesn't cost anybody
anything, you need to think about whether antagonizing the facility means
that they'll tell all the fishermen to go to hell, and yank any of those
perks.

The coupla fish you might take off of their docks might not be worth
coming off of the water and finding a boot on your wheel, or a
screwdriver through your sidewall, or finding a locked gate the next
time you try to park there.

It's a little like landowners who don't post during hunting season. The
minute one or two hunters annoy them, they'll post, and those few hunters
may have ruined an opportunity for many hunters. Of coarse, this is a
little different, because the marinas don't own the water.

If they don't provide any of these little perks, and they aren't friendly
with the community, have yourself a field day fishing their dock.

--
Scott
Reverse name to reply


Bob La Londe October 12th, 2005 05:33 PM


"Scott Seidman" wrote in message
. 1.4...
"Steve @ OutdoorFrontiers" wrote in
:

If I were you Bob, I would print this out and keep it with you, then
fish the snot out of those docks. When someone complains, give them a
copy and tell them to take it up with Brad.
--


There are a few different degrees of "right", and a number of approaches
you can take when you are.

For example, if the private marinas let fishermen park at their
facilities, or provide a ramp, or have a clubhouse willing to sell you a
nonmember a beer when you get off the water, or anything like that that
is an act of kindness for the community that doesn't cost anybody
anything, you need to think about whether antagonizing the facility means
that they'll tell all the fishermen to go to hell, and yank any of those
perks.

The coupla fish you might take off of their docks might not be worth
coming off of the water and finding a boot on your wheel, or a
screwdriver through your sidewall, or finding a locked gate the next
time you try to park there.

It's a little like landowners who don't post during hunting season. The
minute one or two hunters annoy them, they'll post, and those few hunters
may have ruined an opportunity for many hunters. Of coarse, this is a
little different, because the marinas don't own the water.

If they don't provide any of these little perks, and they aren't friendly
with the community, have yourself a field day fishing their dock.

--
Scott
Reverse name to reply


Actually in these cases we aren't talking about private clubs. We are
talking about Marinas that provide services open to the public, but are
privately owned. ie they sell gas, want you to come up to their store and
buy sodas, and really like people who come up to the restaurant for dinner
or lunch. As to perks they charge for using their ramps, and offer no perks
for free that I am aware of. They of course allow you to park if you are
eating at their restaurant and giving them your money. They are for profit
businesses which are trying to lay claim to public resources for their own
personal gain.

I do appreciate your opinion, and if we were talking about a private yacht
club marina that provided a service for others or offered something that
wasn't specifically designed to put money in their own pockets I might be
inclined to be more agreeable on the subject. Since they are a for profit
that is profitting off the publicly owned resource I feel that attempting to
claim more than is theirs to claim is in poor taste at best. Its actually
illegal in my opinion, and I'm not even sure why they are allowed to keep
the signs up as written. In other instances G&F and the state have forced
people to remove illegal signs on public land or public water.

--
Bob La Londe

Cheapskate's Ways to Do Fishing Stuff
(The Frugal Fisherman)
Through the Month of October 2005

http://www.YumaBassMan.com




Scott Seidman October 12th, 2005 08:56 PM

"Bob La Londe" wrote in
:


I do appreciate your opinion, and if we were talking about a private
yacht club marina that provided a service for others or offered
something that wasn't specifically designed to put money in their own
pockets I might be inclined to be more agreeable on the subject.


No real disagreement. I didn't know the type of place you were talking
about, just pointed out that there are a few ways to going about things.

Since they are a for profit that is profitting off the publicly owned
resource I feel that attempting to claim more than is theirs to claim
is in poor taste at best. Its actually illegal in my opinion, and I'm
not even sure why they are allowed to keep the signs up as written.
In other instances G&F and the state have forced people to remove
illegal signs on public land or public water.


I'd work through F&G to make them take down the signs, especially if I used
their ramp and was parked in their lot. I wouldn't force a personal
showdown. The actual post I was replying to was recommending just fishing
the water, and handing them a copy of a note saying that it wasn't posted
for no fishing when they told you to move on. Again, it might be right,
but I'm not sure you'd feel very satisfied being in the right as you were
calling AAA to deal with your four flats-- that's the real point I was
trying to make.


--
Scott
Reverse name to reply


Steve @ OutdoorFrontiers October 12th, 2005 09:40 PM


"Scott Seidman" wrote in message SNIP

I'd work through F&G to make them take down the signs, especially if I
used
their ramp and was parked in their lot. I wouldn't force a personal
showdown. The actual post I was replying to was recommending just fishing
the water, and handing them a copy of a note saying that it wasn't posted
for no fishing when they told you to move on. Again, it might be right,
but I'm not sure you'd feel very satisfied being in the right as you were
calling AAA to deal with your four flats-- that's the real point I was
trying to make.


Scott,

Anyone that knows me well knows that normally I am a polite and decent
person, but I've dealt with this type of mentality before. Trust me when I
say that it's just about the only way that it can be handled.
--
Steve @ OutdoorFrontiers
http://www.outdoorfrontiers.com
G & S Guide Service and Custom Rods
http://www.herefishyfishy.com




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