PLEASE READ -- THEY WON'T LET US FISH??? - Chicago Illinois Fishing Forum, Information & Reports
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Old 07-20-2002, 01:20 PM   #1 (permalink)
 
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I fish for cats, at night. I like the Fox River between Rt. 38 and 64 just north of the St. Charles Fire Department boat ramp in front of the water treatment plant. But the other night when I was there, the homeowner to the south came ranting and raving at me that I couldn't fish there. He called the St. Charles police, who came and pointed to a new sign that says no fishing allowed there (right next to the creel limit sign that's always been there!).

What's the deal? I've fished there for years. Any I often run into some other regulars, and they don't know what's up with this either.

WE cat fisherman are quiet and polite. We pick up after ourselves and keep the rowdies away. I think we're being discriminated against!

Does anyone know what's going on there? What the regulation or ordinance keeps us from fishing there?
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Old 07-20-2002, 02:51 PM   #2 (permalink)
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I have fished there too!
Hmm, anybody up for taking the "navigable waterway" ruling to the limit?
Since the Fox River is a navigable waterway the land up to the high water mark is and always will be public land.
If we access it from public property there isn't anything illegal about being there.
Not that I would do it out of spite but we could legally stand (within the high water mark)
right behind that persons house.

I would think being arrested would be a probable but a conviction shouldn't.

We all say we don't want our rights infringed upon and this is a good example of a city taking away a right given to the people of the State of Illinois on the date it was added to the Union.

Here is a good link I just found pertaining to this.
Navigable Waters
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Old 07-20-2002, 03:23 PM   #3 (permalink)
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Quote:
anybody up for taking the "navigable waterway" ruling to the limit?
If CLF will cover my fee's i.e. bail money, legal defence, court costs...beer...I'm game!
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Old 07-20-2002, 04:30 PM   #4 (permalink)
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You might want to go to the next city council meeting and get the scoop:

Who posted the sign?

What prompted it's posting? If it was a result of homeowner complaints, there should be a recorded account of the hearing from a previous council meeting.

Is it on public property? If so, how will they reconcile it's posting with public access rights to a navigable body of water?

Get all the info you can before deciding on the best way to protest.
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Old 07-20-2002, 05:24 PM   #5 (permalink)
 
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To those two really cute little girls that belong to Goose;
You've got a smart dad!
A.L.
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Old 07-20-2002, 08:54 PM   #6 (permalink)
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Goose is right, I'd look into it before splashing around back there. Are we positively sure (is that redundant?) that the navigable waterway law cannot be circumvented by local governing bodies?
...and if they could, how the **** would the worldly traveller know what his rights are while circumnavigating the "navigable" waterways?
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Old 07-20-2002, 10:43 PM   #7 (permalink)
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Read the link that I posted.
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Old 07-22-2002, 11:18 AM   #8 (permalink)
 
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That homeowner is a real jerk. I've had runins with him before and I was fishing in a boat. Last year he put a post with a cement base out in front of his house off that wood fense with a rope going 6 feet out into the river. If you fish in front of his house he storms back & forth giving you the death stare too . Maybe he shouldn't have bought a house right next to public land and then built a pool to boot. Have you ever been hit by the smell that comes off that treatment plant? It's probably affected his brain. I'm sure some careless mope probably threw some trash in or made a big mess that got on his property and now he's in tirade mode. He's got every right to be pissed but I don't think he can be running a fence into the river or putting up signs... if that's what he did...
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Old 07-22-2002, 12:27 PM   #9 (permalink)
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I fish that spot a lot--good for a few smallies, then I wade upstream from there. My wife and I were there last week. She happened to get down to the ramp sooner than I did, made one cast, and caught a nice smallie. I got down there by the time a woman started yelling at her from over the fence. My wife was VERY nice, and apologetic about not seeing the NEW sign. We proceeded to go into the water--ala 'navigable waters', fished a few minutes before a man started yelling at us from over the same fence. We told him we weren't on the property anymore, etc. He didn't care and said he would call the police. We decided to bite our tongues and move upstream, and deal with it another day. A couple of days later, a friend of mine and I went to the same area. We didn't get into the water until we knew we weren't on private property. We waded downstream 'till we hit the drain tile. We fished for about 10 or so minutes, before the man who yelled at me before decided to fish the same spot--casting in our area in hopes of snagging us. We were actually just about to wrap up fishing there at that point, so nothing came of it. I would have, however, loved to have snagged his lure, knowing my 14lb fireline would have ripped his rod out of his hands!! It's too bad people have to be like that. I don't know what exactly may have happened to make those people act so foolishly, I can only guess. But, I do know I will continue to fish in one of my favorite spots. Not out of spite, but out of right!
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Old 07-22-2002, 12:52 PM   #10 (permalink)
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Like I proposed before,
anybody care to get together and go fish the "spot" with me?
If it's like has been reported here, he will make an appearence and we can explain to him about navigable rivers and the rights of American citizens.
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