Angler harassment

[igquick]

I was bank fishing LEGALLY at a public location when a nearby home owner approached me. She told me it was private property and the whole neighborhood voted there would be no more fishing. I told her that the nearby neighbors enjoy me fishing here and that I didn't believe her. She then claimed again that it was private property, and I couldn't fish there. I took out my phone and told her I'm going to call the cops because I didn't believe here. She hesitated, then stated I could fish in the mornings, just not in the evenings. Then I said that doesn't make sense, you just told me that it's private property; and I questioned her allegations. She walked away.

If anybody has any tips, or know any policeman personally I could call or text, because I have a feeling things will escalate, please let me know. This isn't the first time I've been harassed by others while fishing, and quite frankly I'm kind of tired of it.

 

[pinstriper]

Where is this ? If we can confirm the location is public, we could do a sort of fisherman version of an ant invasion.

One fisherman one day. Next day 2. Next day 5. Next day 20.

We will need someone to volunteer to capture the video, of course.

 

[EOBOY]

She's probably a Liberal Racist! I'll be there!

 

[Aervax]

I am an hour away, but would gladly make the drive. Call it, "Occupy Willamette"?

 

[igquick]

Sorry but the kicker is I don't want too much press around one of my favorite fishing holes

 

[Aervax]

We're just having a little fun here. Sounds like you handled it about as well as possible.

I also think the landowner broke the law by trying to chase you off public access land by claiming it was private.

Next time, if it happens again just for fun I would take out my phone and video record the conversation. Let her know she is breaking the law and you are going to call the police and press charges. I bet she changes her tune pretty quickly then.

 

[rogerdodger]

I suggest printing out a copy of the Oregon law on this, keep it with your gear, and provide it to her next time:

ORS 496.994 - Obstructing the taking of wildlife prohibited - 2017 Oregon Revised Statutes
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2017 ORS 496.994¹

Obstructing the taking of wildlife prohibited

(1 )A person commits the offense of obstructing the taking of wildlife if the person, having no right to do so, interferes with the lawful taking, or the process of taking, of wildlife by another with the intent to prevent the taking.
(2) Obstructing the taking of wildlife is a Class A misdemeanor. [1987 c.473 §2; 1989 c.171 §67; 1995 c.468 §1]
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It might also be worth noting that the maximum fine for a Class A misdemeanor is $6250.

ORS 161.635 - Fines for misdemeanors - 2017 Oregon Revised Statutes
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2017 ORS 161.635¹

Fines for misdemeanors

(1 )A sentence to pay a fine for a misdemeanor shall be a sentence to pay an amount, fixed by the court, not exceeding:
(a) $6,250 for a Class A misdemeanor.
(b) $2,500 for a Class B misdemeanor.
(c) $1,250 for a Class C misdemeanor.
--------------

 

[jacknrubin]

Next time.... ask her: "What are you going to do about it?"

 

[pinstriper]

We're just having a little fun here. Sounds like you handled it about as well as possible.

I also think the landowner broke the law by trying to chase you off public access land by claiming it was private.

Next time, if it happens again just for fun I would take out my phone and video record the conversation. Let her know she is breaking the law and you are going to call the police and press charges. I bet she changes her tune pretty quickly then.

Speak for yourself. If it really turns out to be public access, I would love to do a little passive aggressive harassment back at her.

 

[maxwyatt]

All bank access is public in Oregon IF you can traverse the bank below the 'normal' high water mark. In other words, you can't cut through somebodies property to get to a fishing hole, but you can walk along the bank from a public access point to get there.
https://www.oregon.gov/dsl/WW/Documents/PublicRightUseWaterways.pdf

 

[pinstriper]

A pond or lake is not a waterway and could well be private.

 

[maxwyatt]

A pond or lake is not a waterway and could well be private.

Point taken, however given the context of this thread OP believes access is public so I doubt we're talking about a pond on private land.

 

[pinstriper]

Point taken, however given the context of this thread OP believes access is public so I doubt we're talking about a pond on private land.

His redacted location says reservoir, and is in a neighborhood with houses. So we are talking about some kind of pond for sure, nit a stream or creek that might be a navigable waterway.

Whether the pond is on private land in the development, suck as a golf course for instance, is what needs to be determined.

One thing we can all agree on, however, is that we should all hold a fishing party and see if we can trigger this lady into a nervous breakdown.

 

[BrandonBeach]

Driven by that pond a few times. What do you actually catch there?

 

[BrandonBeach]

CAREFULL:

All bank access is public in Oregon IF you can traverse the bank below the 'normal' high water mark. In other words, you can't cut through somebodies property to get to a fishing hole, but you can walk along the bank from a public access point to get there.
https://www.oregon.gov/dsl/WW/Documents/PublicRightUseWaterways.pdf

My understanding is:

This applies ONLY to navigable waters. You can get into trouble on certain popular steelhead rivers or great trout streams.

My understanding is you can’t step foot on or drop anchor on any part of those rivers (non navigable) or streams that run across private property.
Some of the best portions of trout streams (rivers) in this state are ,in effect, privately owned.

Sorry if this hi jacked this thread, hot button.

 

[gfisher2003]

CAREFULL:



My understanding is:

This applies ONLY to navigable waters. You can get into trouble on certain popular steelhead rivers or great trout streams.

My understanding is you can’t step foot on or drop anchor on any part of those rivers (non navigable) or streams that run across private property.
Some of the best portions of trout streams (rivers) in this state are ,in effect, privately owned.

Sorry if this hi jacked this thread, hot button.

It includes floatable in the law so as long as a kayak, canoe or drift boat can make reasonable progress then I think you would be fine and it say later that in pursuance of jus publican rights you can walk while angling as well as stand on gravel bars and stuff. Honestly though the more I overthink this the more the law seems more vague

 

[BrandonBeach]

It includes floatable in the law so as long as a kayak, canoe or drift boat can make reasonable progress then I think you would be fine and it say later that in pursuance of jus publican rights you can walk while angling as well as stand on gravel bars and stuff. Honestly though the more I overthink this the more the law seems more vague

Why are There are places that advertise miles of private water?

To muddy it up a bit, here is a good piece on the subject:

https://www.statesmanjournal.com/st...ivers-streams-creeks-oregon-legal/3135970002/

 

[gfisher2003]

Why are There are places that advertise miles of private water?

To muddy it up a bit, here is a good piece on the subject:

https://www.statesmanjournal.com/st...ivers-streams-creeks-oregon-legal/3135970002/

I think maybe the miles of private water is just like saying that not many people use it? Cause unless you're buying a house with miles of property on the water, if you were at a campground or something that definitely won't be private water.

Thanks for the article I love when things get more confusing, I wonder at this quote "The AG opinion also provides people the ability to “walk on land above the line of ordinary high water, in the least disruptive or damaging way possible, using the shortest and most direct route available, if it is necessary to travel up or down the waterway.” " it mentions later necessity can include portage of boats past obstacles you can't move past so would tiny creeks like I fish on count if I move a kayak and carry past every riffle from pool to pool ? ?

Sorry for participating in hijacking your thread igquick

 

[Aervax]

Pretty good video here about angler harassment:

 

[steely_eyed]

This reply comes 4 months late, but have you been back? I did a wee bit of sleuthing using a piece of evidence in your screenshot, I'm about 99% certain I know where you're talking about. The area in question may in fact be private property. I haven't been there myself, don't plan on it either, but that lady may have been correct. PM if you like and I can share details.