How to fish private portions of streams in poconos?

[tnt05]

Im going on a trip to the poconos in a couple days, and I was looking at the PFBC map of streams to find some nice spots to fish. They give percentages on how much of the stream is public. If im on a stream that’s partially privately owned, how do I find where to access the stream and how do I know where I can wade?

 

[dudemanspecial]

There isn't much you can do besides drive along the stream and look for unposted access like obvious pulloffs with walking paths down to the water. If you do find unposted areas that are obviously near someone's home or business, make sure you stop and ask for permission.

 

[troutbert]

Get the Delaware State Forest map, which is free, from DCNR. You can view the map online, but it's good to have the paper map.

https://elibrary.dcnr.pa.gov/GetDocument?docId=3253757&DocName=D19%20Delaware%20Public%20Use%20Map

You can call DCNR Bureau of Forestry and they will mail you the map. Or you can pick up the map at one of their offices or at state parks in the area.

 

[tnt05]

There isn't much you can do besides drive along the stream and look for unposted access like obvious pulloffs with walking paths down to the water. If you do find unposted areas that are obviously near someone's home or business, make sure you stop and ask for permission.

It sucks that so much of the water is privately owned. Where I’m from in NJ, a lot of the water is accessible because the state bought the land.

 

[dudemanspecial]

It sucks that so much of the water is privately owned. Where I’m from in NJ, a lot of the water is accessible because the state bought the land.

Troutbert's suggestion above is a good one... find state forests, parks and gamelands, that will be 100% public.

 

[HopBack]

Pennsylvania does not readily disclose ownership on a tax map. Some counties do but most do not. Buy a hunting app like on-x and you can look at all the property boundaries and you will have a good idea of where start. Otherwise, you will need a map of the state parks and forests.

In PA you don’t have the right to wade a stream on private property. From the title of the thread I’m assuming that’s what you are asking. The answer is that you can’t unless you have permission.

 

[poopdeck]

In PA you don’t have the right to wade a stream on private property. From the title of the thread I’m assuming that’s what you are asking. The answer is that you can’t unless you have permission.

Respectfully speaking, and not to rehash sore subjects, but this is blatantly false. In PA you can wade and fish anywhere where the stream is not properly posted and no notice against trespass is given.

With that said my advise to the OP is to fish publicly owned places as there is no shortage of such places to fish in PA. It’s simply not worth the aggravation of dealing with landowners who right or wrong have their very own interpretation of the law.

Dang it, I think I took the bait. Accuracy is important though.

 

[Millsertime]

It sucks that so much of the water is privately owned. Where I’m from in NJ, a lot of the water is accessible because the state bought the land.

PA has purchased a lot of land over the years as well. Even in the poconos where land is "old owned", new land acquisitions have been made over the years. There are many streams I used to drool over that are now public owned.

You ask about Poconos. That is very general. If you are looking for a specific area, you need to specify. Otherwise, I agree with dudeman's response.

 

[Bamboozle]

Good luck finding unposted private property in the Poconos...

 

[wildtrout2]

"How to fish private portions of streams in the Poconos". Simple, just look for posted signs and start fishing there.

 

[rancid waders]

I always ask for permission, it's just not worth the hassle for me, I fish to chill the hell out, last thing I want is a confrontation

 

[HopBack]

Respectfully speaking, and not to rehash sore subjects, but this is blatantly false. In PA you can wade and fish anywhere where the stream is not properly posted and no notice against trespass is given.

With that said my advise to the OP is to fish publicly owned places as there is no shortage of such places to fish in PA. It’s simply not worth the aggravation of dealing with landowners who right or wrong have their very own interpretation of the law.

Dang it, I think I took the bait. Accuracy is important though.

I was working with the assumption that there would be proper posting. Most people just think you can wade through the water without a problem and that’s not true.

Now for your other statement. No the property does not have to be posted for you to be convicted of Defiant trespass. Now the landowner would have notify you to leave in order to make a case. It is your responsibility to know whether or not the land you are utilizing is private property. When in doubt just ask, don’t assume.

I also might add the scenario if are walking up a stream and wader onto private property but it is posted on the road or another access point than you are still asking for a trespass charge. Sure you could challenge it in court and spend a lot of money on a good defense but I would rather avoid that altogether.

 

[salmo]

"How to fish private portions of streams in the Poconos". Simple, just look for posted signs and start fishing there.

Trespassers will be shot. Survivors will be prosecuted. But as Jesus taught us to pray "forgive us our trespasses..."

 

[Cznymph]

I was working with the assumption that there would be proper posting. Most people just think you can wade through the water without a problem and that’s not true.

Now for your other statement. No the property does not have to be posted for you to be convicted of Defiant trespass. Now the landowner would have notify you to leave in order to make a case. It is your responsibility to know whether or not the land you are utilizing is private property. When in doubt just ask, don’t assume.

I also might add the scenario if are walking up a stream and wader onto private property but it is posted on the road or another access point than you are still asking for a trespass charge. Sure you could challenge it in court and spend a lot of money on a good defense but I would rather avoid that altogether.

You can be charged with simple trespass on property that isn’t posted and the landowner doesn’t have to tell you to leave.

All the landowner needs to do is prove that the trespasser damaged something.

 

[bringthepain]

Trespassers will be shot. Survivors will be prosecuted. But as Jesus taught us to pray "forgive us our trespasses..."

Post of the thread

 

[poopdeck]

You can be charged with simple trespass on property that isn’t posted and the landowner doesn’t have to tell you to leave.

All the landowner needs to do is prove that the trespasser damaged something.

Wha…… what? This is why it’s best to stay on public land. Again, blatantly false.

Assuming you live in Pa, Note the part about, “knowing that he is not licensed or privileged to do so,” followed up by the part about entering or remaining “for the purpose of” defacing or damaging the premises. The stated purpose was to fish.

(b.1) Simple trespasser.--

(1) A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place for the purpose of:

(i) threatening or terrorizing the owner or occupant of the premises;

(ii) starting or causing to be started any fire upon the premises; or

(iii) defacing or damaging the premises.

Now for your other statement. No the property does not have to be posted for you to be convicted of Defiant trespass. Now the landowner would have notify you to leave in order to make a case. It is your responsibility to know whether or not the land you are utilizing is private property. When in doubt just ask, don’t assume.

Would have to notify you AND you refuse to leave or return at another time.

I also might add the scenario if are walking up a stream and wader onto private property but it is posted on the road or another access point than you are still asking for a trespass charge. Sure you could challenge it in court and spend a lot of money on a good defense but I would rather avoid that altogether.

There is no scenario where you would or could be charged with trespass If where you accessed the private property is not properly posted and no other notice is given. Because it is posted in an unknown unseen portion of the property is not what the law says. Since the charge would only be a summary (ticket) this could be successfully argued in 5 minutes by a third grader but not even the dimmest cop would issue you a citation for a law that does not exist.

 

[Cznymph]

Wha…… what? This is why it’s best to stay on public land. Again, blatantly false.

Assuming you live in Pa, Note the part about, “knowing that he is not licensed or privileged to do so,” followed up by the part about entering or remaining “for the purpose of” defacing or damaging the premises. The stated purpose was to fish.

(b.1) Simple trespasser.--

(1) A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place for the purpose of:

(i) threatening or terrorizing the owner or occupant of the premises;

(ii) starting or causing to be started any fire upon the premises; or

(iii) defacing or damaging the premises.

Would have to notify you AND you refuse to leave or return at another time.



There is no scenario where you would or could be charged with trespass If where you accessed the private property is not properly posted and no other notice is given. Because it is posted in an unknown unseen portion of the property is not what the law says. Since the charge would only be a summary (ticket) this could be successfully argued in 5 minutes by a third grader but not even the dimmest cop would issue you a citation for a law that does not exist.

I had someone charged with simple trespass for walking across a freshly planted cornfield.

It can be done and did hold up in court.

 

[poopdeck]

I had someone charged with simple trespass for walking across a freshly planted cornfield.

It can be done and did hold up in court.

That’s a completely different scenario then the overly vague statement, “You can be charged with simple trespass on property that isn’t posted and the landowner doesn’t have to tell you to leave. All the landowner needs to do is prove that the trespasser damaged something.”

For agricultural trespass the law adds, “or reasonably likely to come to the person's attention.” So a freshly planted cornfield should likely be apparent to all so I would agree that under this scenario you are correct. I would add that a person walking across a freshly planted or an established cornfield is a maroon and should be cited. The laws are very clear, at least to me.

 

[Cznymph]

That’s a completely different scenario then the overly vague statement, “You can be charged with simple trespass on property that isn’t posted and the landowner doesn’t have to tell you to leave. All the landowner needs to do is prove that the trespasser damaged something.”

For agricultural trespass the law adds, “or reasonably likely to come to the person's attention.” So a freshly planted cornfield should likely be apparent to all so I would agree that under this scenario you are correct. I would add that a person walking across a freshly planted or an established cornfield is a maroon and should be cited. The laws are very clear, at least to me.

But the statement is still correct.

All I needed to do as a landowner in that instance was prove that the trespasser had damaged my property. It could have been a tree, crop field, fence, etc.

 

[Tigereye]

Just fish public water. There are plenty of fish left in all the popular streams. Pocono. Bush kill, Tobyhanna, Boadhead, McMichael, Lehigh, Pohopoco, Mud Run, Hayes, Lackawaxen and others.

I could not and would not be bothered wasting my time asking for permission or kissing some stranger's kiester, to fish a stream. The grass isn't always greener behind the posters. Your time is better spent fishing than dealing with landowners.