Driftless Trout Anglers

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Trout_Patzer  
#31 Posted : Sunday, March 17, 2013 1:02:00 PM(UTC)
Trout_Patzer
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Here is Wisconsin's recreational use law. No need for landowners to fear being sued by those they allow to fish their land.
http://woodlandinfo.org/...files/pdf/UWEX/G3326.pdf
Mark Dahlquist  
#32 Posted : Sunday, March 17, 2013 1:17:07 PM(UTC)
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Quote:
Aren't landowners protected by the "berry picker" law?


Is my understanding.

Quote:
Here is Wisconsin's recreational use law. No need for landowners to fear being sued by those they allow to fish their land.
http://woodlandinfo.org/...iles/pdf/UWEX/G3326.pdf


Thanks for looking this up for us Trout Patzer!

Quote:
I have trout fished in the driftless for 50 years and I have never heard of an angler sue anyone over getting hurt while fishing. I have hurt knees/back/ankle...It goes with the territory. Please if anyone has an example of the a legitimate law suit from a fall while fishing post the link here.


Likewise I have never heard of a lawsuit.

-Mark
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William Schlafer  
#33 Posted : Sunday, March 17, 2013 1:43:50 PM(UTC)
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And here's the Wisconsin statue that allows wading of navigable streams:


Fishing Wisconsin - Stream Access Laws

State anglers, canoeists and others who frequent Wisconsin's rivers and streams need to be aware of changes to rules pertaining to access along waterways that were enacted in the 2001 Wisconsin state budget bill (2001 Wisconsin Act 16).

Navigability determines whether a water is public or private. Navigable streams are public waters. Because navigable waters are public, they may be used for fishing, provided public access is available, or you have permission of the landowner to cross their property to reach the water.

Effective September 1, 2001, people using these waterways will, for the most part, have to return to the old "keep your feet wet" test, as created by the Wisconsin Supreme Court.

Members of the public may use any exposed shore area of a stream without the permission of the riparian (i.e., landowner) only if it is necessary to exit the body of water to bypass an obstruction. In addition, a member of the public may not enter the exposed shore area except:

- from the water,
- from a point of public access on the stream, or
- with the permission of the riparian (i.e., landowner).

Obstructions could consist of trees or rocks, shallow water for boaters or deep water for wading trout anglers. The bypass should be by the shortest possible route.

Under this law, using the exposed shoreline for purposes such as picnicing and sunbathing is not allowed.

Section 1255j of 2001 Wisconsin Act 16 amended Chapter 30.134 of the Wisconsin Statutes to make this change. You can view Wisconsin Act 16 on the Wisconsin Legislature's Web site. (You can also find the language on page 247 of 2001 Wisconsin Act 16.)

Wisconsin Act 16



I'm thinking about printing this out and laminating it onto a small card to carry when I fish. Might help settle confusion with land owners or law enforcement, should it come up.

I generally avoid the trespassing issue by sticking to public access lands and streams with published easements.


-Bill
“You'll never look back on your life and wish you had spent more time in the office." -- Brian Trautman, Captain SV Delos
falseantidote  
#34 Posted : Wednesday, March 20, 2013 3:04:28 PM(UTC)
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Question guys. I went to check out a public stream today that goes under a bridge. The problem is that on both sides of the bridge, there are barb wires running from private property, all the way touching the bridge, so in order to get into the stream, I would have to either

a) Go under/over the barb wire, thus possibly trespassing

or

b) Leap from the bridge, which is a good 5/6 feet and into about a foot of water, but then wouldn't be able to get out without coming back out through the barb wire.

So is it trespassing to go under the barb wire that is touching the bridge? Since the bridge is public but the land next to it is private?
alvollmer  
#35 Posted : Wednesday, March 20, 2013 3:25:39 PM(UTC)
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Some general clarification on bridge parking/access would be great! Does it differ from MN/WI?
Mark Dahlquist  
#36 Posted : Wednesday, March 20, 2013 3:31:59 PM(UTC)
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As long as it is a public bridge you are welcome to go over or under the barbed wire. There is an easement. I forget how many feet but somebody else here can tell you. Stay close to the bridge to get in/out and your are legal.
-Mark
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falseantidote  
#37 Posted : Wednesday, March 20, 2013 6:48:33 PM(UTC)
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Here is a two minute drawn picture for reference in my situation.

UserPostedImage


Now from the top left where the sign is is where the private property sign exists. About fifty yards or so up the road is where the driveway to his/her house is and you can't really his/her house, but you can tell it is there. The best way for me to enter the water is to go under the top-left barb wire in the picture, near the sign. The barb wire is literally attached to one of the posts of the bridge, which I'm not sure is legal and confuses me since the bridge is public and his land is private. The other side is the same, but house visible with backyard running right up to the stream.

Now if I go under the barb wire, I will be maybe 10 yards at best (if not less) away from the stream and from the point of the barb wire to the stream would take me maybe 6 or 7 steps. I was also there in the spring and it is clear that people have been using that barb wire entrance as there was somewhat of a trail made from the downed grass, and a parting of the barb wires as well.

Let it be known that I then proceeded to call my local DNR office, which was a Ranger Station, and he told me as long as I found a way to get my foot into the water I would be ok (i.e. directly from the bridge without touching land - which means to jump!), otherwise I would need the permission of the landowner but he sounded unsure and asked me to call the Warden and then proceeded to give me the Warden's number. I have not called the warden yet.


I am only going through this much trouble because I have been told there are some real nice pools up from this bridge..ThumpUp
LenH  
#38 Posted : Wednesday, March 20, 2013 6:58:55 PM(UTC)
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33 feet both direction of the center line on a public bridge is eased.
falseantidote  
#39 Posted : Wednesday, March 20, 2013 7:09:26 PM(UTC)
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LenH wrote:
33 feet both direction of the center line on a public bridge is eased.


Hm. So say that where I'm standing in the photo is the center line of the bridge. That means I have 33 feet to the left and right of me to access the stream? Because 33 feet would definitely go past the barbed wire..Or does the center line mean the middle of the bridge dividing the driving lanes? Because the would mean 33 feet parallel to the bridge..

Any public bridge right? Not only easement lands?
LenH  
#40 Posted : Wednesday, March 20, 2013 7:24:11 PM(UTC)
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falseantidote wrote:
LenH wrote:
33 feet both direction of the center line on a public bridge is eased.


Hm. So say that where I'm standing in the photo is the center line of the bridge. That means I have 33 feet to the left and right of me to access the stream? Because 33 feet would definitely go past the barbed wire..Or does the center line mean the middle of the bridge dividing the driving lanes? Because the would mean 33 feet parallel to the bridge..

Any public bridge right? Not only easement lands?


center of any public bridge 33 feet both directions.
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