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Forum nameFreshwater Fishing in California
Topic subjectMoral question.
Topic URLhttp://www.calfishing.com/dc/dcboard.php?az=show_topic&forum=3&topic_id=12581
12581, Moral question.
Posted by ewarmour, Mon Mar-01-04 05:41 PM
When I was 10 to about 20 years old I fished the sand pits of the San Diego River from Just below El Capitan all the way though mission valley. Mostly shore fishing but in my float tube too. I always had my fishing license.

My question is this: when there’s No trespassing Signs and a big fence and you jump it, like I did a thousand times before, and fish is it poaching? I catch and release, but what if I was to keep a limit of bass or crappie? Is it poaching? Is it wrong?

My personal opinion is no. So let em’ rip, I want to hear your opinions.

Thanks -E
12582, RE: Moral question.
Posted by ewarmour, Mon Mar-01-04 05:43 PM
Forgot to mention that I was stopped by a game warden once. He asked for my license so pulled it out, showed him and he told me “Good Luck” and watched me go through a big hole in the fence.
12584, RE: Moral question.
Posted by hookjaw, Mon Mar-01-04 05:47 PM
If you can get away with it and don't have any regrets about keeping fish, plus the warden wishes you luck then do it!
keep fishin'
12585, RE: Moral question.
Posted by , Mon Mar-01-04 05:59 PM
Well, even if the DFG officer did nothing doesn't mean a police officer won't bother you. Trespassing is still breaking the law. Which can result in a fine. Is the fishing really worth the possibility of getting a ticket? To whom does the property belong too?
12586, RE: Moral question.
Posted by ewarmour, Mon Mar-01-04 06:15 PM
I'm not sure who owns it now. It was owned by a raw materials company, I forget the name. For the most part the pits I fished were mined out and closed down. Just a fence and ponds. And the fishing was absolutely, for sure worth a ticket.
12595, RE: Moral question.
Posted by JerryG, Mon Mar-01-04 10:16 PM
I used to fish the rock qauries/ gravel pits around LA several times a week but I havn't fished them in at least 10 years. I always would carry my license and always practiced catch and release. Looking back on it I can say with out a doubt that was the best freshwater fishing I have ever experienced and I do a lot of fishing. The bite was consistently WFO at these lakes but It was a lot more hectic at those spots then the spot your talking about. I never had a run with the DFG but We did have a run in with an armed Care Taker once, and there was another time we had to make a swim for it to avoid being attacked by a guard dog. Plus we had a run in with some of the Gangsta Taggers who claimed the area as their turf but on a positive note they did give us permission to fish the lake and warned us that if the sherrif caught us in there we would be going to jail. Although I would like to fish those lakes again some day but I doubt I will.

Jerryg
12592, RE: Moral question.
Posted by wils, Mon Mar-01-04 09:53 PM
I believe that IF the fish were originally stocked by the DFG, the public has the legal right to fish for them.
12615, You answered your own question
Posted by Terry, Wed Mar-03-04 07:18 AM
By asking it. If you asked the question then there's doubt in your mind, and you already know the answer. But here's a second solution: go ask the people who own the property if you can fish there. If they say yes, it's OK. Pretty simple principle.

IMHO.

Terry
12616, RE: You answered your own question
Posted by , Wed Mar-03-04 09:42 AM
First off, most of us would love to have a SECRET SPOT. It may be easier said then done but if you find it possible to contact the owners of the land. Then, get a written permission from them & take the paper when ever you go. So, when the authorities come by you will not get fined. If not, just have a get away plan. }( Besides authorities will only come by if the land belongs to the city or they are called by the owners of the land. Now, that is generally speaking.
12617, RE: You answered your own question
Posted by ewarmour, Wed Mar-03-04 02:09 PM
Theres no doubt in my mind. I'll jump the fence to the sand pits everytime. I just wanted to know other anglers opinions. What defines poaching for you?

Poaching: To trespass on another's property in order to take fish or game.

Thats the dictionary's definition. Whats yours?
12618, RE: You answered your own question
Posted by woodsac, Wed Mar-03-04 03:15 PM
I think the definition you listed says it all. If you fish on property that does not grant access to the public, regardless of who stocks it, you are breaking the law. Period!

The people that continually break the law while fishing, whether it be trespassing, poaching or exceeding the bag limit, are the people who give all of us a bad name. It's because of cases like this that people don't open up additional fishing areas to the public, because they already have to contend with the lawbreakers.

There are plenty of areas, (especially in CA) to fish legally. Why break the law? I think a lot of people do it because they are unable to adapt to the high-pressured lakes and catch quality fish. So they break into private property where you could catch a fish on a shoestring. That's not something I would brag about.

Obviously everyone has a different set of morals. Trespassing and poaching are not on MY to-do list.
12619, RE: Moral question.
Posted by salmonoid 1, Wed Mar-03-04 05:03 PM
Two more reasons to try to get permission of the owner or person in charge.

1. The sign may have been put up by someone who does not, and never did, own the land, but owns land nearby and does not want foot traffic or auto traffic on their proiperty.

2. The sign may have been put up by a former owner and the current owner may not care if you fish there.

Sometimes signs are put up just to keep "undesirables" away, but if you look ok the owner will give you permission.

My son likes to fish such areas, with permission, and sometimes he gets it and sometimes he does not. One thing I recommend is that you carry an empty trash with you when you approach the person in charge and, before he or she gives or denies permission, tell that person that you not only will leave no trash you will remove as much existing trash as you can each time you fish there.

Bob
12620, RE: Moral question.
Posted by , Wed Mar-03-04 05:32 PM
Since you titled this as a "Moral question". If you have (or will have some day) a son and he told you the same thing, would you find it GOOD to tell your son it is OK to do such.
I think WOODSAC put it simple with no soft shoe. I agree. There really is no need to do such. Just fish another lake that is legal. If you really want to fish there then get permission from the existing owner. If not then just forget it.
Some people do a lot of things that are wrong and feel OK about it. That does not mean it really is OK.
A good fisherman can catch fish in tough conditions. If you are then why go? If you are not then just learn to be.
12633, RE: Moral question.
Posted by ewarmour, Thu Mar-04-04 07:22 AM
Thanks for the feed back, great replies.

Looks like one spot may be opening up:

http://www.lakesideriverpark.org/rsvp.htm

I encourage everyone to visit:

http://www.sandiegoriver.org/
12666, RE: Moral question.
Posted by bankpounder, Sat Mar-06-04 03:13 PM
Ewarmour,
My office is in an industrial park in Santee between the 67 and Magnolia. There are 2 huge pits located there and the land is owned by RPG Brick. If you ask them they will let you fish there. I have been fishing those pits for years and have never had a problem, ask and ye shall receive. The posted signs are generally, as mentioned prior, by property owners who don't want people cutting holes in their fence.
12672, RE: Moral question.
Posted by ewarmour, Sun Mar-07-04 05:28 PM
Thanks bankpounder. I'll drop by the santee office and ask.