Fishing blues (Sacramento Bee)

Fishing blues
Anglers find river access denied by property owners and levee
districts fighting trash and traffic

By Andrew LePage -- Sacramento Bee Staff Writer

Published 2:15 am PDT Sunday, April 18, 2004
/Sacramento

Kao Saelee threads a blood worm onto his wife's fishing hook as his
6-year-old daughter tries to launch a kite into the late-morning
breeze along the Sacramento River.
They are fishing with Saelee's aunt, uncle and cousin for catfish and
striped bass on a tree-shaded beach just south of West Sacramento.
While many lakes and public parks charge parking or daily fishing
fees, a day at river's edge is still free.

"My daughter is always asking me, 'Why don't we go fishing, daddy?' "
said Saelee, 32, who works in auto detailing.




Thousands of Sacramentans like Saelee have fished or played on the
Sacramento River levees and along the hundreds of miles of Delta
sloughs for generations. But anglers are increasingly finding their
favorite fishing spots posted off-limits.
Those who maintain the levees or own the property say they have no
choice. The capital region's booming population has brought trash,
traffic hazards and other problems.

Others view the situation as a symptom of the region's failure to plan
for enough parks, open space and public access to local waterways.

"I just can't believe they're doing this. I've never had anyone say
anything to me until today," said Sacramentan Steve Thielen, 40,
shortly after being run off a stretch of levee along South River Road,
just south of the Freeport Bridge. He's fished the area off and on
most of his life.

"I'm thinking, 'Heck, I can't get into any trouble out here' and then
this guy comes down and says 'You're trespassing. I guess you didn't
see the sign posted at the bridge.' "

Some Delta landowners argue the posting is long overdue. They cite
widespread littering and various ways visitors have destroyed the
levees, including erosion caused by foot traffic and the removal of
riprap to build fire pits.

"The percentage of disrespectful people stays the same, but as the
population grows you get more of them," says Peter Dwyer, a Delta
landowner and secretary of the reclamation district that maintains
levees on behalf of owners a few miles north and south of the Freeport
Bridge, on the west side of the river.

Sometimes cars and trucks are parked bumper to bumper on narrow
stretches of levee roads, jutting into traffic on roads without formal
shoulders.

"It was an escalation of the problem over time: the waste, including
some human waste, the damage to the levees and the safety issues and
the liability issues - the reclamation district and landowners are
potentially liable if someone gets hurt," Dwyer said.

His was the first reclamation district near Sacramento to post "no
trespassing" signs last year. That has triggered other nearby
districts to either post or to consider doing so. Farther south, some
Delta islands, including Ryer and Grand islands, have been posted for
several years.

"One beach we called 'diaper beach' because it seemed like every car
that came for the day brought the diapers and threw them on the
levee," said Dick Taylor, superintendent of Ryer Island's reclamation
district.

Dwyer said most anglers are considerate and responsible; he
sympathizes with the loss of fishing grounds near the Freeport Bridge,
an area which has been among the most coveted by bank anglers.

"I know there are people who probably have fished (along the river)
for decades, but the bulk of the pressure over the last four or five
years has not come from the decades-old fishermen," said farmer
Stephen Heringer, president of the reclamation district that includes
Clarksburg. It will post "no trespassing" signs within a month.

Some Delta residents also fear that the onslaught of outsiders
threatens their way of life.

"We like it here nice and quiet, and lots of people coming down here
and playing boomboxes and firing guns don't keep it that way," said
Roger Berry, a grape farmer and president of a reclamation district
just south of Clarksburg that recently posted signs. "We're being
hemmed in, and this is basically an urban problem arriving here in a
rural setting."

There are hundreds of miles of levees along the Sacramento River and
Delta sloughs, but there are relatively few formal public access
points with parking and restroom facilities.

For anglers with boats, access isn't a problem because state law
generally gives people the right to be anywhere they can navigate a
vessel.

"As we increase our population, the public is going to have to have
more access to rivers and lakes," said Ron Suter, Sacramento County
parks director. "You can only put so many people in the American River
Parkway."

Sacramento and West Sacramento have a handful of riverside areas open
to public fishing - including Sand Cove; Discovery, Tiscornia, Miller
and Garcia Bend parks in Sacramento; and Riverfront Park and the south
bank of the Port of Sacramento in West Sacramento. Just south of
Clarksburg there's a fishing access facility maintained by Yolo
County. Deeper in the Delta, Sacramento County offers three fishing
access points, including on Sherman Island and Georgiana Slough.

Isleton is building a small fishing pier on the Sacramento River with
parking and restroom facilities.

Locally, more public access to the Sacramento River is called for in a
waterfront development plan involving Sacramento, West Sacramento and
other agencies.

State Department of Fish and Game officials say they will propose
creating more fishing access with some of the estimated $2 million
raised annually from a new, $5 Bay-Delta Sport Fishing Enhancement
Stamp.

The Delta Protection Commission and other state agencies say they,
too, hope to eventually find ways to increase public recreation
opportunities within the Delta's more than 1,000 miles of waterways.

With all such efforts, legal, political and financial hurdles could
take years to surmount.

"As the pressures increase you'll see more and more tools put in place
for the public to acquire title to those (waterfront) areas," said Bob
Overstreet, the city of Sacramento's parks and recreation director.
"It's going to come through (political) pressure at the state and
local level to recognize these waterways are public and people need to
access them."

Many anglers argue public access to the river and Delta sloughs should
be available as a result of the millions of state and federal dollars
spent to help fund the maintenance and repair of the levees.

But state flood control officials stress that, in most cases, land
beneath the levees is owned by a private individual who retains the
right to control access. Also, in areas where a government agency is
responsible for a stretch of levee, it most likely has obtained the
right to access the levees only for maintenance, not to grant public
access.

"Our jurisdiction is flood control and public safety, versus public
access," said Stephen Bradley, chief engineer of the State Reclamation
Board. "Local governments need to purchase rights to do these things -
parks or easements where they can construct a place for people to park
and access the river."

Meanwhile, a small group of anglers is researching legal arguments to
reopen some of the closed levees. To show public support for keeping
the levees open, they're collecting signatures from concerned anglers
at local bait shops.

"People have been using the Delta levees since the 1800s," says
Sacramentan Gary Johnson, an avid angler who owns a boat, but still
loves to fish from shore. "How do you take a kid out all day long for
3 bucks and keep them happy? You take them fishing."

Johnson, who was raised in the Delta, is especially interested in the
doctrine of implied dedication. Legal experts say that if enough
anglers testified they had accessed specific fishing grounds on the
levees for many years - without interruption from the landowner - they
might be able to establish a de facto public easement.

But experts said a law passed in 1971 requires that, for inland areas,
there must be proof that there was public access to the site before
1972.

"If the public has used lands continuously without objection or
interference from the landowner for more than five years (before 1972)
then they may be able to establish a continuing right to use that
property," said Joe Barbieri, a deputy state attorney general.

In order for a landowner to defeat such a claim, Barbieri said, the
owner must prove that he or she made it clear the public was welcome
only with express permission or that he or she had made a concerted
effort to keep the public off the property.

For now, a gradual erosion in access to local levees appears
inevitable as one reclamation district after another considers posting
signs. Ignoring such signs can result in a parking citation or
trespassing fine.

Jane Wolff, author of a new book, "Delta Primer: A Field Guide to the
California Delta," said the conflict between landowners and those who
want to use levees to access public waterways is another example of
intense, growing demands on the West Coast's largest estuary.

"The urbanization at the Delta's perimeter is so intense there just
aren't as many places as there used to be for people to get away from
the city," Wolff said. "To just say to one group 'go away' is neither
realistic nor particularly helpful because people aren't just going to
go away. So then the question is how can we use the resources of the
landscape in a way that's diverse and also respectful of other users."


Related links
For additional information on public access to the river and Delta:
www.delta.ca.gov/atlas/fishing.pdf

www.delta.ca.gov/atlas2.html

www.delta.ca.gov/recinvty.html

www.sacparks.net

www.cityofsacramento.org/parksandrecreation

www.wildernet.com

Thats rough. It makes it harder and harder for the person who can't afford
or justify the expense of a boat.

--
Public Fishing Forums
Fishing Link Index
www.YumaBassMan.com

webmaster
at
YumaBsssMan
dot
com
"Paul Kekai Manansala" wrote in message
om...
Fishing blues
Anglers find river access denied by property owners and levee
districts fighting trash and traffic

By Andrew LePage -- Sacramento Bee Staff Writer

Published 2:15 am PDT Sunday, April 18, 2004
/Sacramento

Kao Saelee threads a blood worm onto his wife's fishing hook as his
6-year-old daughter tries to launch a kite into the late-morning
breeze along the Sacramento River.
They are fishing with Saelee's aunt, uncle and cousin for catfish and
striped bass on a tree-shaded beach just south of West Sacramento.
While many lakes and public parks charge parking or daily fishing
fees, a day at river's edge is still free.

"My daughter is always asking me, 'Why don't we go fishing, daddy?' "
said Saelee, 32, who works in auto detailing.




Thousands of Sacramentans like Saelee have fished or played on the
Sacramento River levees and along the hundreds of miles of Delta
sloughs for generations. But anglers are increasingly finding their
favorite fishing spots posted off-limits.
Those who maintain the levees or own the property say they have no
choice. The capital region's booming population has brought trash,
traffic hazards and other problems.

Others view the situation as a symptom of the region's failure to plan
for enough parks, open space and public access to local waterways.

"I just can't believe they're doing this. I've never had anyone say
anything to me until today," said Sacramentan Steve Thielen, 40,
shortly after being run off a stretch of levee along South River Road,
just south of the Freeport Bridge. He's fished the area off and on
most of his life.

"I'm thinking, 'Heck, I can't get into any trouble out here' and then
this guy comes down and says 'You're trespassing. I guess you didn't
see the sign posted at the bridge.' "

Some Delta landowners argue the posting is long overdue. They cite
widespread littering and various ways visitors have destroyed the
levees, including erosion caused by foot traffic and the removal of
riprap to build fire pits.

"The percentage of disrespectful people stays the same, but as the
population grows you get more of them," says Peter Dwyer, a Delta
landowner and secretary of the reclamation district that maintains
levees on behalf of owners a few miles north and south of the Freeport
Bridge, on the west side of the river.

Sometimes cars and trucks are parked bumper to bumper on narrow
stretches of levee roads, jutting into traffic on roads without formal
shoulders.

"It was an escalation of the problem over time: the waste, including
some human waste, the damage to the levees and the safety issues and
the liability issues - the reclamation district and landowners are
potentially liable if someone gets hurt," Dwyer said.

His was the first reclamation district near Sacramento to post "no
trespassing" signs last year. That has triggered other nearby
districts to either post or to consider doing so. Farther south, some
Delta islands, including Ryer and Grand islands, have been posted for
several years.

"One beach we called 'diaper beach' because it seemed like every car
that came for the day brought the diapers and threw them on the
levee," said Dick Taylor, superintendent of Ryer Island's reclamation
district.

Dwyer said most anglers are considerate and responsible; he
sympathizes with the loss of fishing grounds near the Freeport Bridge,
an area which has been among the most coveted by bank anglers.

"I know there are people who probably have fished (along the river)
for decades, but the bulk of the pressure over the last four or five
years has not come from the decades-old fishermen," said farmer
Stephen Heringer, president of the reclamation district that includes
Clarksburg. It will post "no trespassing" signs within a month.

Some Delta residents also fear that the onslaught of outsiders
threatens their way of life.

"We like it here nice and quiet, and lots of people coming down here
and playing boomboxes and firing guns don't keep it that way," said
Roger Berry, a grape farmer and president of a reclamation district
just south of Clarksburg that recently posted signs. "We're being
hemmed in, and this is basically an urban problem arriving here in a
rural setting."

There are hundreds of miles of levees along the Sacramento River and
Delta sloughs, but there are relatively few formal public access
points with parking and restroom facilities.

For anglers with boats, access isn't a problem because state law
generally gives people the right to be anywhere they can navigate a
vessel.

"As we increase our population, the public is going to have to have
more access to rivers and lakes," said Ron Suter, Sacramento County
parks director. "You can only put so many people in the American River
Parkway."

Sacramento and West Sacramento have a handful of riverside areas open
to public fishing - including Sand Cove; Discovery, Tiscornia, Miller
and Garcia Bend parks in Sacramento; and Riverfront Park and the south
bank of the Port of Sacramento in West Sacramento. Just south of
Clarksburg there's a fishing access facility maintained by Yolo
County. Deeper in the Delta, Sacramento County offers three fishing
access points, including on Sherman Island and Georgiana Slough.

Isleton is building a small fishing pier on the Sacramento River with
parking and restroom facilities.

Locally, more public access to the Sacramento River is called for in a
waterfront development plan involving Sacramento, West Sacramento and
other agencies.

State Department of Fish and Game officials say they will propose
creating more fishing access with some of the estimated $2 million
raised annually from a new, $5 Bay-Delta Sport Fishing Enhancement
Stamp.

The Delta Protection Commission and other state agencies say they,
too, hope to eventually find ways to increase public recreation
opportunities within the Delta's more than 1,000 miles of waterways.

With all such efforts, legal, political and financial hurdles could
take years to surmount.

"As the pressures increase you'll see more and more tools put in place
for the public to acquire title to those (waterfront) areas," said Bob
Overstreet, the city of Sacramento's parks and recreation director.
"It's going to come through (political) pressure at the state and
local level to recognize these waterways are public and people need to
access them."

Many anglers argue public access to the river and Delta sloughs should
be available as a result of the millions of state and federal dollars
spent to help fund the maintenance and repair of the levees.

But state flood control officials stress that, in most cases, land
beneath the levees is owned by a private individual who retains the
right to control access. Also, in areas where a government agency is
responsible for a stretch of levee, it most likely has obtained the
right to access the levees only for maintenance, not to grant public
access.

"Our jurisdiction is flood control and public safety, versus public
access," said Stephen Bradley, chief engineer of the State Reclamation
Board. "Local governments need to purchase rights to do these things -
parks or easements where they can construct a place for people to park
and access the river."

Meanwhile, a small group of anglers is researching legal arguments to
reopen some of the closed levees. To show public support for keeping
the levees open, they're collecting signatures from concerned anglers
at local bait shops.

"People have been using the Delta levees since the 1800s," says
Sacramentan Gary Johnson, an avid angler who owns a boat, but still
loves to fish from shore. "How do you take a kid out all day long for
3 bucks and keep them happy? You take them fishing."

Johnson, who was raised in the Delta, is especially interested in the
doctrine of implied dedication. Legal experts say that if enough
anglers testified they had accessed specific fishing grounds on the
levees for many years - without interruption from the landowner - they
might be able to establish a de facto public easement.

But experts said a law passed in 1971 requires that, for inland areas,
there must be proof that there was public access to the site before
1972.

"If the public has used lands continuously without objection or
interference from the landowner for more than five years (before 1972)
then they may be able to establish a continuing right to use that
property," said Joe Barbieri, a deputy state attorney general.

In order for a landowner to defeat such a claim, Barbieri said, the
owner must prove that he or she made it clear the public was welcome
only with express permission or that he or she had made a concerted
effort to keep the public off the property.

For now, a gradual erosion in access to local levees appears
inevitable as one reclamation district after another considers posting
signs. Ignoring such signs can result in a parking citation or
trespassing fine.

Jane Wolff, author of a new book, "Delta Primer: A Field Guide to the
California Delta," said the conflict between landowners and those who
want to use levees to access public waterways is another example of
intense, growing demands on the West Coast's largest estuary.

"The urbanization at the Delta's perimeter is so intense there just
aren't as many places as there used to be for people to get away from
the city," Wolff said. "To just say to one group 'go away' is neither
realistic nor particularly helpful because people aren't just going to
go away. So then the question is how can we use the resources of the
landscape in a way that's diverse and also respectful of other users."


Related links
For additional information on public access to the river and Delta:
www.delta.ca.gov/atlas/fishing.pdf

www.delta.ca.gov/atlas2.html

www.delta.ca.gov/recinvty.html

www.sacparks.net

www.cityofsacramento.org/parksandrecreation

www.wildernet.com

"Bob La Londe" wrote in message
...
Thats rough. It makes it harder and harder for the person who can't
afford
or justify the expense of a boat.

--
Public Fishing Forums
Fishing Link Index
www.YumaBassMan.com

webmaster
at
YumaBsssMan
dot
com
"Paul Kekai Manansala" wrote in message
om...
Fishing blues
Anglers find river access denied by property owners and levee
districts fighting trash and traffic

By Andrew LePage -- Sacramento Bee Staff Writer

Published 2:15 am PDT Sunday, April 18, 2004
/Sacramento

Kao Saelee threads a blood worm onto his wife's fishing hook as his
6-year-old daughter tries to launch a kite into the late-morning
breeze along the Sacramento River.
They are fishing with Saelee's aunt, uncle and cousin for catfish and
striped bass on a tree-shaded beach just south of West Sacramento.
While many lakes and public parks charge parking or daily fishing
fees, a day at river's edge is still free.

"My daughter is always asking me, 'Why don't we go fishing, daddy?' "
said Saelee, 32, who works in auto detailing.




Thousands of Sacramentans like Saelee have fished or played on the
Sacramento River levees and along the hundreds of miles of Delta
sloughs for generations. But anglers are increasingly finding their
favorite fishing spots posted off-limits.
Those who maintain the levees or own the property say they have no
choice. The capital region's booming population has brought trash,
traffic hazards and other problems.

Others view the situation as a symptom of the region's failure to plan
for enough parks, open space and public access to local waterways.

"I just can't believe they're doing this. I've never had anyone say
anything to me until today," said Sacramentan Steve Thielen, 40,
shortly after being run off a stretch of levee along South River Road,
just south of the Freeport Bridge. He's fished the area off and on
most of his life.

"I'm thinking, 'Heck, I can't get into any trouble out here' and then
this guy comes down and says 'You're trespassing. I guess you didn't
see the sign posted at the bridge.' "

Some Delta landowners argue the posting is long overdue. They cite
widespread littering and various ways visitors have destroyed the
levees, including erosion caused by foot traffic and the removal of
riprap to build fire pits.

"The percentage of disrespectful people stays the same, but as the
population grows you get more of them," says Peter Dwyer, a Delta
landowner and secretary of the reclamation district that maintains
levees on behalf of owners a few miles north and south of the Freeport
Bridge, on the west side of the river.

Sometimes cars and trucks are parked bumper to bumper on narrow
stretches of levee roads, jutting into traffic on roads without formal
shoulders.

"It was an escalation of the problem over time: the waste, including
some human waste, the damage to the levees and the safety issues and
the liability issues - the reclamation district and landowners are
potentially liable if someone gets hurt," Dwyer said.

His was the first reclamation district near Sacramento to post "no
trespassing" signs last year. That has triggered other nearby
districts to either post or to consider doing so. Farther south, some
Delta islands, including Ryer and Grand islands, have been posted for
several years.

"One beach we called 'diaper beach' because it seemed like every car
that came for the day brought the diapers and threw them on the
levee," said Dick Taylor, superintendent of Ryer Island's reclamation
district.

Dwyer said most anglers are considerate and responsible; he
sympathizes with the loss of fishing grounds near the Freeport Bridge,
an area which has been among the most coveted by bank anglers.

"I know there are people who probably have fished (along the river)
for decades, but the bulk of the pressure over the last four or five
years has not come from the decades-old fishermen," said farmer
Stephen Heringer, president of the reclamation district that includes
Clarksburg. It will post "no trespassing" signs within a month.

Some Delta residents also fear that the onslaught of outsiders
threatens their way of life.

"We like it here nice and quiet, and lots of people coming down here
and playing boomboxes and firing guns don't keep it that way," said
Roger Berry, a grape farmer and president of a reclamation district
just south of Clarksburg that recently posted signs. "We're being
hemmed in, and this is basically an urban problem arriving here in a
rural setting."

There are hundreds of miles of levees along the Sacramento River and
Delta sloughs, but there are relatively few formal public access
points with parking and restroom facilities.

For anglers with boats, access isn't a problem because state law
generally gives people the right to be anywhere they can navigate a
vessel.

"As we increase our population, the public is going to have to have
more access to rivers and lakes," said Ron Suter, Sacramento County
parks director. "You can only put so many people in the American River
Parkway."

Sacramento and West Sacramento have a handful of riverside areas open
to public fishing - including Sand Cove; Discovery, Tiscornia, Miller
and Garcia Bend parks in Sacramento; and Riverfront Park and the south
bank of the Port of Sacramento in West Sacramento. Just south of
Clarksburg there's a fishing access facility maintained by Yolo
County. Deeper in the Delta, Sacramento County offers three fishing
access points, including on Sherman Island and Georgiana Slough.

Isleton is building a small fishing pier on the Sacramento River with
parking and restroom facilities.

Locally, more public access to the Sacramento River is called for in a
waterfront development plan involving Sacramento, West Sacramento and
other agencies.

State Department of Fish and Game officials say they will propose
creating more fishing access with some of the estimated $2 million
raised annually from a new, $5 Bay-Delta Sport Fishing Enhancement
Stamp.

The Delta Protection Commission and other state agencies say they,
too, hope to eventually find ways to increase public recreation
opportunities within the Delta's more than 1,000 miles of waterways.

With all such efforts, legal, political and financial hurdles could
take years to surmount.

"As the pressures increase you'll see more and more tools put in place
for the public to acquire title to those (waterfront) areas," said Bob
Overstreet, the city of Sacramento's parks and recreation director.
"It's going to come through (political) pressure at the state and
local level to recognize these waterways are public and people need to
access them."

Many anglers argue public access to the river and Delta sloughs should
be available as a result of the millions of state and federal dollars
spent to help fund the maintenance and repair of the levees.

But state flood control officials stress that, in most cases, land
beneath the levees is owned by a private individual who retains the
right to control access. Also, in areas where a government agency is
responsible for a stretch of levee, it most likely has obtained the
right to access the levees only for maintenance, not to grant public
access.

"Our jurisdiction is flood control and public safety, versus public
access," said Stephen Bradley, chief engineer of the State Reclamation
Board. "Local governments need to purchase rights to do these things -
parks or easements where they can construct a place for people to park
and access the river."

Meanwhile, a small group of anglers is researching legal arguments to
reopen some of the closed levees. To show public support for keeping
the levees open, they're collecting signatures from concerned anglers
at local bait shops.

"People have been using the Delta levees since the 1800s," says
Sacramentan Gary Johnson, an avid angler who owns a boat, but still
loves to fish from shore. "How do you take a kid out all day long for
3 bucks and keep them happy? You take them fishing."

Johnson, who was raised in the Delta, is especially interested in the
doctrine of implied dedication. Legal experts say that if enough
anglers testified they had accessed specific fishing grounds on the
levees for many years - without interruption from the landowner - they
might be able to establish a de facto public easement.

But experts said a law passed in 1971 requires that, for inland areas,
there must be proof that there was public access to the site before
1972.

"If the public has used lands continuously without objection or
interference from the landowner for more than five years (before 1972)
then they may be able to establish a continuing right to use that
property," said Joe Barbieri, a deputy state attorney general.

In order for a landowner to defeat such a claim, Barbieri said, the
owner must prove that he or she made it clear the public was welcome
only with express permission or that he or she had made a concerted
effort to keep the public off the property.

For now, a gradual erosion in access to local levees appears
inevitable as one reclamation district after another considers posting
signs. Ignoring such signs can result in a parking citation or
trespassing fine.

Jane Wolff, author of a new book, "Delta Primer: A Field Guide to the
California Delta," said the conflict between landowners and those who
want to use levees to access public waterways is another example of
intense, growing demands on the West Coast's largest estuary.

"The urbanization at the Delta's perimeter is so intense there just
aren't as many places as there used to be for people to get away from
the city," Wolff said. "To just say to one group 'go away' is neither
realistic nor particularly helpful because people aren't just going to
go away. So then the question is how can we use the resources of the
landscape in a way that's diverse and also respectful of other users."


Related links
For additional information on public access to the river and Delta:
www.delta.ca.gov/atlas/fishing.pdf

www.delta.ca.gov/atlas2.html

www.delta.ca.gov/recinvty.html

www.sacparks.net

www.cityofsacramento.org/parksandrecreation

www.wildernet.com



Actually a lot has been brought on by the people on shore. I fish these
areas, but from a boat. They have garbage barrels. Little in the barrel,
but tons of stuff on the ground. I see the same thing further down river in
Tracy, where I do bank fish for catfish.
Bill