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Off Limits to Fishing in Arizona



 
 
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  #1  
Old October 10th, 2005, 03:57 PM
Bob La Londe
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Posts: n/a
Default 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


  #2  
Old October 10th, 2005, 04:02 PM
Bob La Londe
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Posts: n/a
Default

"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



  #3  
Old October 10th, 2005, 04:37 PM
David H. Lipman
external usenet poster
 
Posts: n/a
Default

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


  #4  
Old October 10th, 2005, 05:27 PM
Bob La Londe
external usenet poster
 
Posts: n/a
Default


"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.


  #5  
Old October 11th, 2005, 08:00 AM
Dom
external usenet poster
 
Posts: n/a
Default

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.


  #6  
Old October 11th, 2005, 08:10 AM
Dom
external usenet poster
 
Posts: n/a
Default

I do believe the more specific area would take precedence. Municipalty over
county over state over federal.


  #7  
Old October 11th, 2005, 03:11 PM
Bob La Londe
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Posts: n/a
Default


"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



  #8  
Old October 21st, 2005, 03:15 AM
Mike
external usenet poster
 
Posts: n/a
Default 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.



  #9  
Old October 12th, 2005, 01:48 AM
Bob La Londe
external usenet poster
 
Posts: n/a
Default

Answer From Brad Jacobson
Region IV Fish Program Manager Ariizona 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
E-mail:
************




"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




 




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