How much would I get fined?

[troutbert]

If there really is no danger from fishing there, why don't you guys try to get this changed?

Contact the state parks people, the PFBC, your Fish Commissioner, etc. Try to get it opened to fishing.

 

[Tiogadog]

In Colorado I have heard stories of guys using repelling gear to sneak in to fish the Taylor River immediately below the dam. The story goes they do this at night. The river is closed for 500 yards from the dam outflow. The open section of that river holds rainbows in the 10 pound class. Rumor has it they are even bigger in the closed water.

Tempting, but not sure it is worth the fine.

 

[Jessed]

The close it of right at the tree line because it's easier to monitor that way. There just worried about people cliff diving.

 

[FarmerDave]

somersetian wrote:
It sounds like most of you are under the impression that Legal=right. That's a dangerous line of thinking. Is there a way that you can walk in without seeing posted signs? If so just walk in that way, if anyone with authority see's you your most likely just going to get asked to leave anyway.

Bad advice, so I will assume you weren't serious. I'd never give such advice on a public forum. ;-)

If you know the signs are there, and you deliberately try to avoid them and claim ignorance, well, they would agree that it was ignorant ... while writing out the ticket.

IMO if you were a 12 year old kid, they would likely let you off. 17? less likely. But then, I could pass for 21 when I was 17.;-)

It is also my opinion that you would be more likely to get a ticket for this when trespassing on posted state land, than on posted private. Unless you were fishing with a group including a cop and an old guy, of course... Inside joke.;-)

I tried looking it up for you to find out what the fine would be.

I think this would qualify as a "defiant trespass." It's a summary offense, meaning minor crime, similar to a traffic violation. Would not go on your PERMANENT record.

I believe the max fine is 90 days and $300. I'd guess that you wouldn't likely get the max on either unless you are a ****.

I'd also assume they would add on other fees. Last time I got a ticket, I think the fees were larger than the actual fine. But that was a Cleveland suburb.

And this was assuming it would be just a defiant trespass. There are all kinds of trespass. I'm not a lawyer.

 

[PocketWater]

Swattie87 wrote:
Jess - Besides the safety reasons for having this area posted, someone else owns it, and is informing you that you are not welcome to be there. Unless the DCNR is hiding the cure for cancer on that parcel, there's no justifying you being there, whether you feel guilty or not.

When was the last time you were there? Reason I ask is the statute of limitations on trespassing in PA is 2 years...FYI. Don't think that these forums aren't monitored by WCO's...heck some of em' may even be members! I'm sure it's been a couple years since you were last there though.

Actually if it is a State Park, we own it, and a government agency is telling you not to utilize something you partly own.

 

[FarmerDave]

Let me know how that argument works out, because I have been wanting to fish the refuge at Pymatuning.

 

[franklin]

PocketWater wrote:

Swattie87 wrote:
Jess - Besides the safety reasons for having this area posted, someone else owns it, and is informing you that you are not welcome to be there. Unless the DCNR is hiding the cure for cancer on that parcel, there's no justifying you being there, whether you feel guilty or not.

When was the last time you were there? Reason I ask is the statute of limitations on trespassing in PA is 2 years...FYI. Don't think that these forums aren't monitored by WCO's...heck some of em' may even be members! I'm sure it's been a couple years since you were last there though.

Actually if it is a State Park, we own it, and a government agency is telling you not to utilize something you partly own.

Same goes for roads but the argument never works when fighting a speeding ticket.

 

[geebee]

troutbert wrote:
If it's on state park land and you think it is needlessly posted, then work on getting that changed.

this.

start a petition. or stage a mass trespass a la Occupy Skagit.

 

[PocketWater]

franklin wrote:

PocketWater wrote:

Swattie87 wrote:
Jess - Besides the safety reasons for having this area posted, someone else owns it, and is informing you that you are not welcome to be there. Unless the DCNR is hiding the cure for cancer on that parcel, there's no justifying you being there, whether you feel guilty or not.

When was the last time you were there? Reason I ask is the statute of limitations on trespassing in PA is 2 years...FYI. Don't think that these forums aren't monitored by WCO's...heck some of em' may even be members! I'm sure it's been a couple years since you were last there though.

Actually if it is a State Park, we own it, and a government agency is telling you not to utilize something you partly own.

Same goes for roads but the argument never works when fighting a speeding ticket.

A speeding ticket would imply you were driving illegally, rather than just using the road in a legal manner, but maybe they had cones up or something with do not enter signs even though there is nothing wrong with the road. In this case, he plans to fish in a fully legal manner, but it is on a section of stream they are saying he can't use for no other reason than they said so.

As others have said, if there is no reason to not let you fish there I would attempt to have it opened....but once you do have it opened and anyone can go there, it probably won't be so special anymore.

 

[Shaner]

Wheres this place at?...Ill do it!

 

[Troy]

Wow, people on here are acting like he is planning on committing murder. All I got to say is that I would have done it when I was younger. He isn't hurting anyone. If you aren't scared of getting caught then go for it. Kids need a little adventure in their lives. That is what being a kid is all about.

 

[Jessed]

^ that's what I was thinking.... I'm fishing nothing crazy. I just thought it would be fun to explore basically untouched wild trout waters . I wouldn't be disrespectful of someone's property and trespass on someone's property. No one basically owns that. It's a real shame that a bunch of people ruined this for the rest of us.

 

[The_Sasquatch]

Then I agree w/ the sentiments of those who said do something to change the situation.

Look, I'm not saying the law doesn't suck. But I am saying it's best to work inside of it than outside of it. It's best for YOU in particular (are fish worth the risk?), and it doesn't hurt the image of sportsmen. Regardless of WHY its posted, it's posted. So find the right way to work around it, or let it be.

 

[Shaner]

I got fined fishing a quarry before. Heard there's huge wild bows in it and couldn't resist. Didn't catch any bows did catch a 22" largemouth...but the biggest catch of the day was a whooping 330$ TP fine ;-) The caretaker said if I would of asked he probably would of let me fish it. After the fine was wrote I asked if I could fish it again. He said no-same thing he would of said the first time-haha!

 

[Swattie87]

PocketWater wrote:
Actually if it is a State Park, we own it, and a government agency is telling you not to utilize something you partly own.

We all know it's publicly owned, no one's saying it's not. That being said, it's not open for the public to be there because the overseeing authorities have posted it. For whatever reason...safety, security, whatever...it doesn't matter. It's posted, and if caught there you CAN be prosecuted by the state for trespassing. Like being prosecuted by the federal government on a military base property where you're not supposed to be, or Camp David for example. As tb initially mentioned, and others have supported, the right way to go about this is to present a case for opening the stream portion of that land to public use...arguing it's far enough from the quarry to be safe, etc.

To the OP...this is one of those things that if you were gonna do, you just should've done and not told anyone. I know you think morally there's nothing wrong with it since a private landowner doesn't own it, and I can at least partially see that, but legally, I guarantee you're in the wrong. Hate to see you busted for that when there's plenty of other good spots to fish near you. And I guarantee you that stretch you're talking about gets fished and is not "untouched." I'm sure the DCNR is aware the stream is there, and knows to check up on it for people trespassing to fish.

Good luck if you go. If you post pictures of your conquest, I'd recommend not posting any that can ID your location, and be aware that GPS data can be stored in photo files taken from cell phones. (Probably goes without saying, but then again you posted your intentions to possibly trespass on a message board viewable by the public.)

 

[moon1284]

Jessed-

The only advice I will give you is never, never, never publish online about doing anything illegal, immoral, or unethical online. Your social media and online footprint is permanent. I have learned that the hard way.

 

[Tony300wby]

I don't understand what is so hard to understand. The area is posted for a reason. It doesn't matter if you know the reason, agree with the reason, or understand the reason. Going into the area knowing that it is posted is a blatant disregard for the law no matter how you try and justify it.

Good luck, Tony

 

[wildtrout2]

Tony300wby wrote:
I don't understand what is so hard to understand. The area is posted for a reason. It doesn't matter if you know the reason, agree with the reason, or understand the reason. Going into the area knowing that it is posted is a blatant disregard for the law no matter how you try and justify it.

Good luck, Tony

Best post yet! It really is simple.

 

[Jessed]

Moon never said anything about doing it just wondering the consequences

 

[franklin]

It's wise to keep your record clean. You never know ow it might affect a job or career opportunity down the road.