Would You take an "unfair" or unethical advantage is the question ?

I mean in so much as you are treading a thin line . Is it actually unethical or possibly barely legal or any number of other types of scenarios ?
I myself try not to go to the edge , but there are times when caution goes to the wind with me . I of course make sure i can hopefully talk my way out of a bad ending and to be sure I had to once this year in a spot where some fella said he was going to call the police if I didn't leave .
Now mind you I was invited by a guest of the people that had access to that spot but at the same time it was a bit on the edge of maybe since I was a guest of a guest I wasn't actually supposed to be there .
Even though it was a super slab festival I never went back even though i really wanted to .
Then there was this other spot where I was invited and due to this Virus thing that "friend" got all kinds of sideways about why wasn't I at home and not at the lake episode .
Even though that spot was on fire I never went back there either .
So you see there are times my drive to ketch crappie is on the edge of am I pushing it a bit ? One spot I used to frequent is under a bridge on the river in down town . I hit alot of public spots off the bank if I think there are possibly crappie around and could be up for a photo or 37 you know .
Now mind you I weigh the consequences of should I or shouldn't I and try to make sure if it goes sideways I don't end up with anything other than maybe hurt feelings .
So this particular scenario involves the pouring of more bridge columns . I avoided it for a long time because of all the heavy equipment and workers and such and one day on my way home from work I thought , hmmm looks vacated , maybe I should stop and pitch a jig ?
There is still lots of equipment parked around but no workers present . So i pulled over and ambled down the embankment and saw what was actually going on under the bridge and went WOW !
No sign No gate No person around ....and a floating dock WITH a walkway
all to myself sitting over 14 foot deep water post spawn on the river on a calm windless day and no water flow :yikes
To make a long story short i did get in trouble as my 15 minute stop turned into an hour and a half and my wife called and wasn't happy AT all I forgot to call her and say I was going to be late !
And I only went back one other time since that first visit because one of the fish I lost in that herd looked to be in the upper 2 range or better and I don't think the dock is even still there ,but to be sure it was good times and I only took a bunch of photos and let the fish go and was never told No or messed with .
So what say yawl ? "unfair" or unethical advantage or not on the river episode ?:dono:popcorn

I think your good unless run off by cops or construction workers. That does look like a fishy spot that needs a good photo or 37 taken at. KABOOM!

Well it never hurts to ask if someone is around, but if no one is there and no gates or fence to climb over I don't see how one could get in much trouble trying and leaving if someone comes later and says you can't fish there.

Skip

Like the old man said- "Better to ask for forgiveness than for permission!":pray If fishing' is a crime, then I've got a life sentence.

If public property and nothing harmed go for it !:fish

If it was me...No Sign, No Fence, No Workers Present, No Gaurds...I'm Game and would have been there with ya...Just sayin'....KA-BOOM!!!!!!

Going back to the two lake situations, if they are owned by individuals (and not some HOA), then yes, ask the owner for permission. If it's an HOA or subdivision, <bleep> them! I'm sick of lakes being sold to builders so Karen and Chad can keep everyone off the lake. Lakes are a natural resource and should be shared.

Regarding the one asking why you were out fishing instead of in your underground bunker with missiles pointed all around you and some magic forcefield around you, I'd simply have said "you can't get much more socially distant than out here with the fish, however, if you are concerned that I may contaminate your land, I respect that. Here's my number, please call me when you feel it is safe for me to return."

No fence/gate, no signs, no workers or others saying no - then, to me, there is no problem.

In Pennsylvania, where some trout, and possibly other species are stocked. If on a river or stream there are places that people own, right up to them, or even possibly into them. So people have to be aware of that. Usually, some post signs of no trespassing, but others don't. So fisher persons beware.

You are confused my friend . Advantage and opportunity are not the same . Fish on ! :ThumbsUp

HOA was one of the issues and they tried hard to get a YouTube friend of mine hauled off after I visited there by the law a few days later.
Second was someone I have yet to totally understand. He and I are not on the same page at all.
Last place was the ft worth side of a river and I knew if couldn't be terribly wrong with no nothing to try to stop me from doing it .

I don't see unfair or unethical in your pursuit of fish. However I would not step foot on private property, and HOA's are included, without permission. I think respecting the rights of property owners is important, that's me and your mileage may vary.

Cover 19 should not be taken lightly, IMO, as it's quite serious. So if I was invited to be on private property to fish I would fish. But if the invitation was not extended recently I would get clarity before stepping on the property.

I'm blessed to have a boat but it's not always been that way. I use to get permission to fish and made certain I understood the ground rules. If allowed to keep a few fish from private ponds or gained access to water by traveling over private party,, I'd offer a few fillets. And under no circumstance would I leave as much as a gum wrapper on the place.

There's plenty of bank fishing opportunities around Douglas Lake that are open to the public and trash is a problem. so I think an invitation to fish private property is a privilege not to be taken for granted.

Just My thoughts. Agree or not. It's just my opinion.

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Originally Posted by S10CHEVY

In Pennsylvania, where some trout, and possibly other species are stocked. If on a river or stream there are places that people own, right up to them, or even possibly into them. So people have to be aware of that. Usually, some post signs of no trespassing, but others don't. So fisher persons beware.

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Yes, and this has happened a few times in VA, and most likely PA. some of the old deeds have riparian rights, and the landowner owns the river or creek bottom. This led to some good court battles that the landowner won if he had the proof. Some guys to bust chops then did float trips where they never touched bottom, but then came stream fencing and the beat goes on. Best to check and ask permission.
Bob

You don't say if you're are on public or private land. If it is public I see no problem. If it is private that is another story. If a place is on private land I will alway ask before venturing onto it. As for the post about HOA owning a lake, if it is theirs you have no right to be there. Many HOAs have built some very nice and big lakes....I'm happy for them. I've never seen or heard where an HOA went and took a so called "Natural Resource Lake". Riparian rights are something I have studied greatly in the state of TN. At one time I was an avid bank fisherman...and I kayaked fished for 4 years. In TN we have a law called the "High Water Mark"....and a law referring to "Navigable Waterway". Many will tell you navigable waterway means commercial boat traffic...nothing could be further from the truth. TN goes by the list put out by the Corp of Engineers as to what waters are considered navigable in this state. On that list are tons of creeks...streams...rivers......no wider than 3 or 4 feet at places. The "High Water Mark" is anything that can indicate that water was there at one time or the other...such as driftwood....gravel and sand bars. TN law states if it is a "Navigable Stream" you have the right to be on dry land....not past the "High WaterMark", along that stream even if the land is privately owned...in other words that land is considered part of the stream. Here is where the problems come in. Did you trespass across private land to get to that stream? The next one is if the land owner calls the local sheriff. The sheriff is going to tell you to leave...been there done that. So if all that is the law why leave....well if you refuse to leave the sheriff in all likelihood will take you away and let the judge handle it...and herein lies the problem. The judge you will have to see is a local judge. In talking with several of my attorney friends..and my attorney also....they all told me they don't know of anyone who won what few of these cases show up from time to time. So I gave up on trying to fish many creeks that were teaming with smallmouth. These type incidents happen quite often now with the huge increase in the use of kayaks for fishing. Folks pull over to get out and the landowner happens to come along and now we have a problem. Believe me...I wish the letter of the law was followed on riparian rights....there are tons of great places to fish here but when you run into a landowner who could care less about riparian rights it just is not worth it.


Regards

Oh....I thought this was a Livescope question.

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Originally Posted by Pirogue

Oh....I thought this was a Livescope question.

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Me too!:Rofl

there was no a live scope present during these adventures ,,,,my disclaimer time :Rofl

The bridge over the river is within 2 city limits , both are public and the off side i rarely use as it typically isnt as good as the side i used to access the walkway . the ft worth side is typical of ft worth in that its the wild wild west and you best be REALLY breaking the law before the ft worth police will want to get involved . the other side of that river is a totally different story though and they might take you to jail and or cite you heavily if there is something they consider somewhat unlawful going on from what i have heard .
that all said i think i was ok most probably and would most certainly leave if asked to do so .
as far as high water marks i have studied that myself and talked with the game warden in depth about the boundaries and such , like the drip line of a boat house kind of thing . many folks use kayaks to get up under docks and insist when confronted they are in the water and its a public waterbody when in FACT once they pass under the drip line of a private dock they are in fact trespassing . but to be sure i dont enforce the law and dont tread on the law and respect authority to keep myself in that not agitated state as much as possible .
one thing for certain though and this goes without saying i am sure you understand , i always tread the ever so slightest when invited to private property as invites are typically not all that easy to come by and it seems to get worse daily . :cheers2

Interesting post.

The HOA didn't take the land; they bought it from the city. They were lakes that were public and the city sold them off (as I understand it). So, yeah, <bleep> those HOAs. Come to Memphis. We have the Mississippi River and the Loosahatchie River and the Wolf River, and all three are on the list of "don't eat fish from these polluted waters".

The HOA pond i was invited to and story has it they bought it from someone, but it looks pretty young and highly man made .since all that area was swamp forever and ever I imagine they took the dirt to build pads for the homes . No matter I won't likely ever go back even if invited.

Looks like a fish haven..... Public waters? Fish it till you can't......