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Johnnykingkong
Joined: 21 Apr 2011
Posts: 2
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 Posted: Thu Apr 21, 2011 8:57 pm Post subject: Help rules and regs |
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| Hi I'm Johnny I'm from Manchester just started fishing this season. today I was fishing in the hockanum river in Vernon, I was wading in the river not on a bank and a guy who had a house on the side of the river said he owned that part of the river and I had to leave or he would call the cops. What I wanted to know was can he own that part of the river what Are the rules and regs on that??? |
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asianfisher
Joined: 12 Jan 2009
Posts: 920
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| Posted: Thu Apr 21, 2011 10:46 pm Post subject: Re: Help rules and regs |
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| Not easy to find out if they own it.They would have to own both sides of the river to own it. In NY state you can walk around in the river as long as you below the high water mark. Your best bet to be safe is call the dep and ask for yourself. If they dont know go to town hall of the town and ask them. And if not report that a guy is saying that and he owns it.... Alot of peple say they own stuff and i say im not leaving till dec or dep say i cant be there.... Check for posts if it says you can fish fish.... i had these people say that they owned this place in upstate and was talking shit to them when they got in my face i was like dude say all you want cause if you look right there. as i pointed in front of me there was a sign that said public fishing and i exchanged some nice words to them. just dont be a prick about it... check it out and know your waters at all time..... |
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dave_376
Joined: 25 May 2007
Posts: 171
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| Posted: Fri Apr 22, 2011 9:46 am Post subject: |
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| as far as I know they own land they do not own the water, you can fish if you are in the water. I have had the same type of issue when fishing a dock from the boat, they legally cannot make you leave they only own the dock. Having said that usually if they are nice to me I am nice to them and I move on. |
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JTrottaNY
Joined: 13 Apr 2011
Posts: 13
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| Posted: Fri Apr 22, 2011 9:52 am Post subject: |
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Like asain said, NY is clearly defined. I am not sure in CT, but what I have done in the past when duck hunting is to verify with the state agency (DEP) that you are acting legally. Then go right back to the same spot and when the individual threatens to call politely ask he he would like the number and give him the name and number of the DEP officer you have already spoken with.
When hunting is is also effective to inform them that they are in violation of hunter harrasment laws and ask that they return home and do not make any further attempt to bother you. |
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PECo
Joined: 06 Oct 2009
Posts: 5203
Location: Avon, CT
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| Posted: Fri Apr 22, 2011 3:35 pm Post subject: |
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The hunter harassment law also protects fishermen. 
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TurtleKiss
Joined: 09 Mar 2010
Posts: 1200
Location: central CT
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| Posted: Sat Apr 23, 2011 1:33 am Post subject: |
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I was under the impression that in CT no one owns the water. Also, boaters can bypass a trespassing charge on private property if there's some kind of dangerous weather situation like lightning or tornadoes in the area. I think this was an issue with someone on the forum last year.
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Kira
*~ "Not everything about fishing is noble, reasonable and sane..." -Henry Middleton ~* |
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Johnnykingkong
Joined: 21 Apr 2011
Posts: 2
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| Posted: Sat Apr 23, 2011 7:36 am Post subject: |
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| Thanks everyone for your help I've tried calling the dep, yesterday no answer. All I need to find now is something that states that the hockanum river is a public river, I mean shit the stock that area with trout and that's for public fishing holy crap. |
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PECo
Joined: 06 Oct 2009
Posts: 5203
Location: Avon, CT
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| Posted: Fri Apr 29, 2011 2:00 pm Post subject: |
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Johnny
I sent an email to the DEP, and got an email and a telephone call from the Eastern District today. Unfortunately, sections of rivers in Connecticut can be privately owned and a landowner can restrict access if they want. Parts of the Hockanum River are off limits to fishermen ( e.g., by the "old mill"). When the DEP learns of a landowner restriction, it will stop stocking that section of the river. If you were to let me know where you were kicked off the river, I'd notify the DEP.
Bottom line: Fishermen must respect the rights of a landowner who chooses to restrict access to a section or sections of a river that they own. 
Phil
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Fish On!
Joined: 24 Dec 2009
Posts: 68
Location: Northeast, CT
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| Posted: Fri Apr 29, 2011 2:37 pm Post subject: |
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| On a private river if they only have property on one side they only own to the middle of the river, the other half is owned by the landowner of the other side. |
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PECo
Joined: 06 Oct 2009
Posts: 5203
Location: Avon, CT
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| Posted: Fri Apr 29, 2011 6:47 pm Post subject: |
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Not always, Fish On!. Per the DEP:
| Quote: | | Property ownership issues are relatively complicated. Tidal areas are the simplest, the public has access up to the mean high tide mark. In inland areas, a property owner may own 1) just to the bank, 2) to the middle of the stream (or some other landmark) or 3) to the other side of the stream or beyond. A property owner can own the bottom of a stream and could prohibit access to waders. “Navigable waters” for access purposes are very limited in CT. |
It's my understanding that the definition of "navigable waters" has not been tested in Connecticut's courts, although there's some support for the idea that "navigable waters" must actually be used in commerce of some sort (e.g., for transporting goods to market). As you can imagine, not a lot of commerce occurs on most sections of Connecticut's rivers.
If you're told by a landowner that a section of a river is restricted, get as good a description of the affected section as you can and, if possible, the name of the landowner. If you were to provide this information to the DEP, it would send a Conservation Officer to investigate and confirm the restriction with the landowner.
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Passinthru Outdoors
Joined: 22 Feb 2011
Posts: 142
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| Posted: Thu May 05, 2011 3:25 pm Post subject: |
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We had a similar question on another forum and we are forutnate to have memebers of DEP Environmental Police on the forum to answer questions and the answer to a section of river being posted was.
| Quote: | | If the person owns both sides of the stream and has deeded ownership of the stream bottom then they can prevent you from wading the stream. It looks like they know the law as they indicate that you can float the stream in that area. That's what case law has established, that the surface of the water is available for recreational use by the public. (unless it's a private lake or pond where the water is completely surrounded by private property) |
So for someone to stop you from wading a river or stream they would need to have deeded ownership of the entire river bed but they couldn't stop you from fishing from a tube or canoe as long as you do NOT step on the land they own.
AS PECo stated contact DEP in these case and always, and I mean always, be respectful to the land owner and let the officials deal with them.
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PECo
Joined: 06 Oct 2009
Posts: 5203
Location: Avon, CT
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| Posted: Thu May 05, 2011 4:25 pm Post subject: |
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Get a kayak, Johnny!
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