Rights to stream Access

[Tommy]

Here is a link, for some interesting reading, that covers the fed. law as to rights to go into and along streams, wether they are posted or not.
I would love to know what some of you guys think of this if you have any knowledge of law that would be great too,

http://www.adventuresports.com/river/nors/states/nj-law.htm

[AndyS]

My buddy got chased off of Price's falls on the Raritan by one of the Duke Estate security gaurds............go figure.

I think you hit it on the head, it's all about the $$$$

And if one of these clubs lost it's lease on the land do you think they would tell the public. It would be cool to check County files as to the ACTUAL LEASE and WHO the land owners really are !

[Capt. JJ]

I actually read up on some of these so-called "rights", and these clubs or private land owners dont own the water that flows over the space they claim they have rights to. Thats even written in the NJ regs, because a question posed to NJ state was whether or not someone could kayak along these posted rivers. The quick answer is, "yes, they can".

That being said, the NJ regs say that fishing from that kayak in the part of a river supposedly owned by a club is to be avoided.

I dunno.....if I get arrested I want it to be for something really good like having sex with an underage, transexual prostitute named "Portobella", NOT for being caught fly fishing on some private property.

[Detour66]

I got yelled at by some creep for fishing the SB RR a few years back and he said he was going to call the cops on me for fishing close to his property.
I yelled back at him "Go ahead..call the cops...you dont own the river!"

I felt better after that! :D

The nerve of some people! I was was just having some good clean fun!

[shrimpman steve]

I have a stream that runs on the border of my property. I was under the impresion that I can NOT stop someone from walking in the stream, but as soon as they are out of the water they are on MY property.

[Lard Almighty]

I run into the same situation at Beaver Brook. I fish a stretch that runs behind people's houses, and they have posted signs up. But I stay in the river, and I never get hassled. I've even had conversations with the landowners from their bedroom windows.

Interestingly, a mile or two down river is private club property, and they actually stretched a chain across the river with a huge "No Fishing" sign on it. I thought about fishing that stretch, but decided it wasn't worth the potential hassle.

[Tommy]

I
That being said, the NJ regs say that fishing from that kayak in the part of a river supposedly owned by a club is to be avoided.

I dunno.....if I get arrested I want it to be for something really good like having sex with an underage, transexual prostitute named "Portobella", NOT for being caught fly fishing on some private property.


I find it interesting they would use the term avoided, not illegal.

I agree with you though, not something I want or can afford to go to court over. It would be interesting to hear from someone who has been involved in something like this though. Anyone here ever get a ticket, and gone to court what was the outcome?

[The Sinker Man]

The land below the water could belong to the landowner, but they don't own the water..If you are floating the river there should be no problem...It also states in #6 that the STATE owns the fish not the club or landowner.

[surfrod]

if you don't have a full time lawyer dad to help you out, don't bother floating, wading, fishing, or crossing into club boundaries. Just not worth the hassle that you will run into.

Better, just fish downstream from their boundary... that way you get the benefit of the fish without supporting your local municipality via fines :D