Trespass on private land

[meluvtrout]

Winter Steelhead season is here! Most of us will be targeting these elusive species in smaller streams and creeks. With smaller creeks and streams comes bigger responsibilities though. You have to know, if you are allowed to fish where you're fishing, as you probably know, ignorance is not bliss when it comes to law enforcement. During recent fall fishing season I have continuously witnessed people fishing private properties on smaller rivers of Oregon coast without landowner's permission. And unfortunately, some of these were familiar faces from our fishing forum here...

I wanted to re-share this information to make sure that you don't get in trouble for simply ignoring common sense and knowledge.

Simple rule: If the river you're fishing is not listed as a navigable river (google) and you're not sure if you're in public land(state park, metro park etc), then make sure to request permission from the owner.

Be a Responsible User When using Oregon´s waterways:

Always get the landowner’s permission to cross private land to get to the waterway.
Be sure to launch and take out your boat at public launches or parks.
Avoid conflicts with landowners.
If you see trash, pick it up and carry it out, but avoid trespass to do so.
Obey laws and common rules of decency at all times.

This is simply what can happen to you if the land owner / farmer calls on law officers if you don't ask for permission:

Trespass on private land ORS 164.245 - Class C Misdemeanor - (30 days; $1000)

Also attached is 'Your Rights to Use' from ODFW regulation book page 17. Please read 'Why is this important to you?' part on the right hand side.

Good luck and tight lines...

 

[troutdude]

Great advice. I can also add--from a LOUSY experience many years ago--that, private land does NOT have to be marked, or have any "no trespassing" signage. If you are on private land, whether you know it or not, you ARE trespassing. At least this was the law, back in the 80's. It still may be true today.

 

[SmallStreams]

> If the river you're fishing is not listed as a navigable river

In Oregon, it's not so much whether the stream is navigable, but whether it was used for commerce. Log drives (typically via uber-destructive splashdams) occurred on some really small water and the logging companies were leased those commercial rights by the state.

 

[Irishrover]

ORS 165.265 Criminal trespass while in possession of a firearm is a Class A misdemeanor. Even worse than regular trespass. Just good to know where you are at.

 

[halibuthitman]

All the good holes are on private property.. Everyone knows that! I kid! I kid.. !!

 

[fishingduck]

Buy a boat. aluminum tank for shallow waters.

 

[troutmasta]

nav·i·ga·ble (nv-g-bl)
adj.
1. Sufficiently deep or wide to provide passage for vessels:

Thats all I've got to say about that.

 

[brandon4455]

nav·i·ga·ble (nv-g-bl)
adj.
1. Sufficiently deep or wide to provide passage for vessels:

Thats all I've got to say about that.

Exactly. There's some ofc club land on a coastal river where I fall chinook fish, but the river is navigable so if I'm in the water or below the high water mark (hike downstream through the water, or come down by drift boat) then I can fish there. Pays to know your rights! As much as the ofc members dont like it haha

 

[Modest_Man]

ves·sel (vesəl)
noun

1. a ship or large boat

I'm not sure a driftboat is considered a "vessel".

 

[ChezJfrey]

ves·sel (vesəl)
noun

1. a ship or large boat

I'm not sure a driftboat is considered a "vessel".

Well, the other definition is merely a hollow container, so a genie bottle would fit that description.

Apparently, the navigability test does not require the use of any particular mode of trade or travel, nor does it depend on the use of any particular type of vessel as long as they were "customary" - in this case in 1859 at the time of Oregon's statehood.

 

[eugene1]

I don't think the type of vessel matters, MM. Lot's of info on this in lots of places before, but I like the first part of this quote from the OR.gov site:

"When Oregon became a state in 1859, all the land underlying waterways that were used, or could have been used, in their natural condition to transport people and goods, became state-owned. However, specific waterways, or portions, that met this navigability standard were not identified. State law (ORS 274.040) authorizes the State Land Board to determine if a waterway is navigable for title."

But it is a grey area for sure,

Good to bring it up again, meluv.

Best,

ves·sel (vesəl)
noun

1. a ship or large boat

I'm not sure a driftboat is considered a "vessel".

 

[Raincatcher]

nav·i·ga·ble (nv-g-bl)
adj.
1. Sufficiently deep or wide to provide passage for vessels:

Thats all I've got to say about that.

Every Bible states that we are all vessels...I'm a vessel therefore I fish!

 

[halibuthitman]

I don't think I can count on one hand the number of times ive politely asked for permission to fish on private property and been told no... if you have the balls to trespass, try using those balls to ask for permission-

 

[SmallStreams]

I don't think I can count on one hand the number of times ive politely asked for permission to fish on private property and been told no... if you have the balls to trespass, try using those balls to ask for permission-

+1

 

[troutmasta]

I don't think I can count on one hand the number of times ive politely asked for permission to fish on private property and been told no... if you have the balls to trespass, try using those balls to ask for permission-

If your referencing using the navigable waterways that flow through private land, thats not tresspassing.

If you referencing actuall tresspassing on the land a particular person owns, I couldnt agree more.

 

[Hooked Up]

+1

+2

 

[jhop111]

Every Bible states that we are all vessels...I'm a vessel therefore I fish!

Hehhehe You said "I Fish"... No worries though, your make this site much friendlier then Jenni's. (IMHO)

 

[Knot Fishing Sober]

New to area so haven't experienced much of this locally yet. Just know from past experience a little good will towards land owners goes a long way. Although a handful of idiots can ruin it for all of us even when not fishing private lands we should be picking up litter and being polite to those we encounter. If we all covered our tracks anglers could score some points back from the same people who ban us from their areas. Simple things like watching where/how you park and noise levels. On the wilson we helped a guy unload firewood for 5 mins and he let us fish his property and he even offered us coffee.