Elk Creek @ RT 90

Page: < 123 > Showing page 2 of 3
Author
chartist
Expert Angler
  • Total Posts : 925
  • Reward points: 0
  • Joined: 2008/10/18 13:01:54
  • Status: offline
RE: Elk Creek @ RT 90 2008/12/06 15:26:10 (permalink)
for crying out loud

i really can't believe the duuds that would suggest eminent domain for  RECREATION

FOOKING IDIOTS

For us it would be recreation, for the state, county of Erie and Erie city it means $$$.....Besides, they could just change the law to say no one owns streams or, no one owns certain streams like Erie tributaries....One thing is for sure, if the fishing industry was threatened, something would happen.
#31
genieman77
Pro Angler
  • Total Posts : 2534
  • Reward points: 0
  • Status: offline
RE: Elk Creek @ RT 90 2008/12/06 15:31:07 (permalink)
Oh the economy....

maybe we should take some land to build casinos and strip malls too

just think of the revenue......

..L.T.A.
#32
Mr.Slickfish
Pro Angler
  • Total Posts : 4528
  • Reward points: 0
  • Status: offline
RE: Elk Creek @ RT 90 2008/12/06 15:33:09 (permalink)
Who's "us"?...far as I can tell your always alone.

Ditches, witches, bubble, and brew...stick with the Trolls, they sound like you.

I don't always snag fish, but when I do...
I choose Little Cleos

I'm the best looking smartest snagging poacher alive...
#33
chartist
Expert Angler
  • Total Posts : 925
  • Reward points: 0
  • Joined: 2008/10/18 13:01:54
  • Status: offline
RE: Elk Creek @ RT 90 2008/12/06 15:38:24 (permalink)
You may have heard of the story of eminent domain used to force homeowners out so that new office/retail space could be developed in Norwood Ohio.....That went to the Ohio supreme court and maybe to the US high court....Taking a house for a road to be built is one thing but taking a house so a new store could be built is quite another.....So the taking of private property for public use, in this case steelhead fishing, is not hard to fathom.  And if the state decides to pursue it, they won't lose, they'll just end up paying more money after the lawsuit....Eminent domain lawsuit defendants don't lose per se, they just pay more money. 
 
But there's so many miles of streams in PA, it would be best just to change the laws. 
 
 
#34
steeliefever
Novice Angler
  • Total Posts : 76
  • Reward points: 0
  • Status: offline
RE: Elk Creek @ RT 90 2008/12/06 17:33:55 (permalink)
ORIGINAL: flifisherie

ORIGINAL: orvis09

you can fish here... you can't fish there. seems like its getting a bit out of hand. all due respect to the land owners but how are we supposed to know if we don't see signs on one side, but we can fish the other side. maybe there should be a newsletter thats mailed out. it all seems a little ridiculous to me. we just fishing!!!!!


well well well...the rat emerges from the sewer...tell them all about your trespassing buddy..on the east side...not only do you need a fish counter, but a compass and gps would be great x-mas presents as well...before you make another faulty assumption...no...i am not him...i created this account on his computer though...and you do know me...this post was for waxmyworm...flyfisherie...flifisherie...and whatever other name he goes by...sucking some more eh?...or is is it pitch and catch like baseball?

SI

Come on now.
That's my water and it is posted and controlled by me!
Where is the hot spotting police?
Karl W.

post edited by steeliefever - 2008/12/06 17:39:27

"Policy is what the kingpins want. What the others want is juvenile delinquency."

John Updike

"If you tell the truth you don't have to remember anything."

Mark Twain

#35
FiveMilePete
Pro Angler
  • Total Posts : 1131
  • Reward points: 0
  • Joined: 2004/10/13 21:36:32
  • Status: offline
RE: Elk Creek @ RT 90 2008/12/06 19:21:25 (permalink)
Been done already:
 
 
 "On November 16, 2005, New York state moved forward with eminent domain proceedings to help the Seneca Gaming Corporation obtain land that it had not been able to purchase in downtown Niagara Falls, New York. The property was promised to the Seneca Nation of Indians as part of its gaming compact with the state. New York state offered to use its powers of eminent domain to help the Senecas obtain parcels for which it could not negotiate a private acquisition agreement."
 
Not too far away from Erie.
 
#36
dano
Pro Angler
  • Total Posts : 2987
  • Reward points: 0
  • Joined: 2000/09/21 19:51:02
  • Status: offline
RE: Elk Creek @ RT 90 2008/12/07 09:30:38 (permalink)
ORIGINAL: Skip16503

OH God here we go again LOL

 
It's de javu all over agian.
 
 
#37
indsguiz
Pro Angler
  • Total Posts : 6356
  • Reward points: 0
  • Joined: 2005/03/24 01:59:54
  • Status: offline
RE: Elk Creek @ RT 90 2008/12/07 11:18:13 (permalink)
genieman,
     That's exactly what happened on the raystown lake about 35 years ago.  And the loss of his grandfathers' land on the Raystown is what Pizzed D. Beaver off and started him on his quest.   It is interesting that of ALL the land acquired, and no lakefront private usage allowed; the one piece of private property allowed was Lake Raystown Resorts.  Owned by people with prior knowledge of the Corps' plans?  But the State has refused to even allow a hearing on the mater as far as I know.
     So, yep! it has been done before and precedent has  been set.   Not that I would like to see it happen again.

Illegitimis Non carborundum
#38
Rainbow1
New Angler
  • Total Posts : 38
  • Reward points: 0
  • Status: offline
RE: Elk Creek @ RT 90 2008/12/07 12:01:39 (permalink)
Did anyone see this from out west?
 
Unhappiness After Stream in Montana Is Open to All - NYTimes.com
#39
chartist
Expert Angler
  • Total Posts : 925
  • Reward points: 0
  • Joined: 2008/10/18 13:01:54
  • Status: offline
RE: Elk Creek @ RT 90 2008/12/07 13:06:48 (permalink)
thanx for that post Rainbow......This is what I believe.....No one owns the streams or mother nature....this is where I am a left leaning republican.
#40
FiveMilePete
Pro Angler
  • Total Posts : 1131
  • Reward points: 0
  • Joined: 2004/10/13 21:36:32
  • Status: offline
RE: Elk Creek @ RT 90 2008/12/07 17:16:15 (permalink)
The Shenandoah National Forest along Skyline Drive through Va. and NC
was formed from farms all taken by eminent domain. Most of the farms were family owned for more than a hundred years.
 
If you hike there, you can see the foundations of some of the homes, and
old family cemetery plots.
#41
vmises
Novice Angler
  • Total Posts : 52
  • Reward points: 0
  • Joined: 2004/10/18 09:08:25
  • Status: offline
RE: Elk Creek @ RT 90 2008/12/08 06:57:58 (permalink)
I walked up there from downstream and got shooshed off by a guy who said his buddy owned the property.  He was nice about it, even if he did ask the stupid question "did you see the posted signs?"  Of course I did, hence I stayed on the islands in the middle of the stream.  I used to love that little hole......  We used to park and walk across the corn field years ago.
 
Oh well, Elk is a big stream. 
#42
chartist
Expert Angler
  • Total Posts : 925
  • Reward points: 0
  • Joined: 2008/10/18 13:01:54
  • Status: offline
RE: Elk Creek @ RT 90 2008/12/08 09:26:53 (permalink)
someone here said only 10% or so of the tribs was posted.  Is that the general feeling of others here?  I haven't seen much in the way of posted land on Elk but have only fished from the lake to the conrail tubes.
#43
KJH807
Pro Angler
  • Total Posts : 4863
  • Reward points: 0
  • Joined: 2006/11/26 19:16:17
  • Status: offline
RE: Elk Creek @ RT 90 2008/12/08 09:31:24 (permalink)
ORIGINAL: chartist

  I haven't seen much in the way of posted land on Elk but have only fished from the lake to the conrail tubes.

 
#44
spoonchucker
Pro Angler
  • Total Posts : 8561
  • Reward points: 0
  • Status: offline
RE: Elk Creek @ RT 90 2008/12/08 09:57:53 (permalink)
Charist,
 
I posted that. Actually, I posted that is less than 10%. The problem, is that each posted section is "the best section" in somebody's eye. Not necessarily before it was posted, but certainly AFTER it gets posted. Thus, one gets the impression that much more land is posted than there truly is. Truth is, that more stream frontage has been placed under public ownership, or permanent easement in the past 2 years, than has been lost to posting in the past 10+ years.

Get Informed, Get Involved, And Make A Difference.

Step Up, or Step Aside


The next time you say "Somebody should do something", remember that YOU are somebody.

GL
#45
Livinfishin
Avid Angler
  • Total Posts : 245
  • Reward points: 0
  • Joined: 2007/09/25 19:25:50
  • Status: offline
RE: Elk Creek @ RT 90 2008/12/08 18:15:40 (permalink)
How did I know this thread would end up this way with the "forced access issue" being hashed out again.  That was not the intention of the thread obviously. The intention was simply to confirm that fishing in that area is legal and that any threats made by those idiots in the SRC can be laughed off.  My next question is, is that the only area they lease on Elk, or is there more to look out for upstream of 90?
#46
Livinfishin
Avid Angler
  • Total Posts : 245
  • Reward points: 0
  • Joined: 2007/09/25 19:25:50
  • Status: offline
RE: Elk Creek @ RT 90 2008/12/08 18:23:12 (permalink)
ORIGINAL: spoonchucker

You CAN fish the opposite site of the SRC lease there. There is a possibility that an attempt to force you off will be made ( report it to a WCO ). You CAN also access the opposite side legally, but I could not explain it to you. The best bet would be to contact Brook Tolbert, and he can direct you as to how to access this area, as you have to be careful not to violate OTHER posted property in the process. I don't know how to access it, as there is too much equally, or more productive water to fish without going through the hassle.

As for the PF&BC causing the loss of the Dohler property. That is just nonsense. In fact they probabbley keep it open much longer than it might otherwise have been. It was your fellow anglers that lost this property, AND kept it from being re-opened. And the issues were not related solely on the most commonly know incident. It was also probabley the best thing to happern to that stream. More fish make it upstream than ever before. Problem is, that they also continue on beyond the border. Nothing the PF&BC can do about that. Granted there may not be any better holding water in N.Y. but the fish still go up there looking for it. They don't have stream maps.

I don't think Penna's fish "imprint" particularly well, regardless of where they are stocked. They seem to hit the shoreline in various spots, and cruise the shoreline looking for an opening. Lots of un-stocked "ditches" get runs. It could be that unlike other states, and the west coast, all Penna. tribs flow through the same terrain, and watershed, giving them basically the same "smell". I don't know, but I have to have a theory, and that's it.

 
The PFBC caused the loss of the Dohler property simply by (like I said in another thread) stocking 20-mile with absurd amounts of fish and hence turning it into another circus like Walnut.  The only problem is that holding water on 20-mile is limited and it is nuts to think that a deep hole below a steep waterfall like the iron bridge area wouldn't get stacked with fish and hence......stacked with people.  I remember not too long ago (10 years maybe) I would be able to fish that area and have the waterfall to myself on somedays.  Granted this is before the increased stockings.  They stock the fish the crowds come, Ms D. can't tolerate anymore (rightfully so from what I saw go on down there in 2004) and BAMMO, the creek is posted above RT 5. 
Now I will give them credit for trying to amend the situation and get that area re-opened, although I have little hope that will happen anytime soon, but there shortsightedness caused this to happen and it will be hard to convince me otherwise.
What I would like to hear from you is how anglers have kept this from being reopened, given the large payoff from the SRC for the lease.  Explain please.
#47
carpitiss
Expert Angler
  • Total Posts : 348
  • Reward points: 0
  • Joined: 2004/02/25 17:59:16
  • Status: offline
RE: Elk Creek @ RT 90 2008/12/08 20:15:59 (permalink)
i think we all can agree that when you have a large number of fish stacked up due to something impeding their migration (waterfalls) you will also have a large concentration of fishermen. what does this result in? too many people parading around on someones land (dohler property; machester hole). the end result is posted land. fish ladders can prevent this exact thing from occurring. they are finally putting ladders in at 4 mile and i hope it doesn't stop there. unfortunately, it is too late for 20 and manchester hole. a lot of people have disagreed with ladders in the past, but it is a sure fire way to keep fish moving on their upstream migration and preventing anglers from crowding a small area which only creates problems (littering, noise, pooping etc)....
post edited by carpitiss - 2008/12/08 20:18:37

Caaaaaaaaaaaaaaaarrrrrrrrrrrppppppp!!!!
#48
spoonchucker
Pro Angler
  • Total Posts : 8561
  • Reward points: 0
  • Status: offline
RE: Elk Creek @ RT 90 2008/12/08 21:56:16 (permalink)
carp,
 
It is not so much that we opposed the ladders. It's just that you can simply put them on someone's property, because YOU ( collectively ) want them.. Besides MOST of the one your talking about CAN be cleared by fish, and do not concentrate them any more than almost any deep pool. Equal numbers concentrate at Elk access, and a number of other pools where there is no barrier. Would you suggest we fill in any deep pools as well?

Get Informed, Get Involved, And Make A Difference.

Step Up, or Step Aside


The next time you say "Somebody should do something", remember that YOU are somebody.

GL
#49
carpitiss
Expert Angler
  • Total Posts : 348
  • Reward points: 0
  • Joined: 2004/02/25 17:59:16
  • Status: offline
RE: Elk Creek @ RT 90 2008/12/08 22:11:10 (permalink)
spoon, you CANNOT tell me that fish don't stack up more at waterfalls. that is just ridiculous to say that. yes, the fish CAN get through these areas, but they OFTEN get trapped by the thousands in low water. your elk access comparison doesn't hold water because there are other reasons (other than an obvious impediment) that those fish congregate there (deep water, security, and EASY access into the stream; also warmer water temps from the lake during colder months). sure you can't simply install ladders on someone's property, but you CAN ask permission or offer incentives to have them put in. it makes sense that if it is explained that a ladder to ease the migration of steelhead in low water would help cut down on the number of anglers on someone's land they may be agreeable to this.

when fish want to move they will go, and go far. however, erie streams are shale and recede quickly after rains. fish get stopped at falls. just so happens that there are two main falls that have caused arguably SOME OF THE BEST FISHING WATER TO BE POSTED. why is it so hard to understand?

fish impediment (water falls) congregates a lot of fish = congregation of a lot of fishermen = more litter and problems due to too many anglers in one area = POSTED LAND



Caaaaaaaaaaaaaaaarrrrrrrrrrrppppppp!!!!
#50
carpitiss
Expert Angler
  • Total Posts : 348
  • Reward points: 0
  • Joined: 2004/02/25 17:59:16
  • Status: offline
RE: Elk Creek @ RT 90 2008/12/08 22:14:09 (permalink)
why did they decide to install ladders at 4 mile? wouldn't have anything to do with too many anglers fishing in one area would it? oh, wait. it's only because they can't migrate upstream there.......

Caaaaaaaaaaaaaaaarrrrrrrrrrrppppppp!!!!
#51
egg sac
Expert Angler
  • Total Posts : 517
  • Reward points: 0
  • Joined: 2000/10/02 22:33:36
  • Status: offline
RE: Elk Creek @ RT 90 2008/12/08 22:19:54 (permalink)

ORIGINAL: genieman77



for crying out loud

i really can't believe the duuds that would suggest eminent domain for  RECREATION

FOOKING IDIOTS

..L.T.A.










Well if you realy want too look at it in a truthfull manner it was stolen from the indians in the first place. Making for the orignal eminent domain.

SO MANY FISH SO LITTLE TIME.
WHY ARE ALL THE PLACES I HAVE YET 2 FISH SO FAR AWAY?
#52
genieman77
Pro Angler
  • Total Posts : 2534
  • Reward points: 0
  • Status: offline
RE: Elk Creek @ RT 90 2008/12/08 23:11:43 (permalink)
ORIGINAL: egg sac






Well if you realy want too look at it in a truthfull manner it was stolen from the indians in the first place. Making for the orignal eminent domain.


LOL, I s'pose much of it, Eggy.
Some by treaty  and plenty by greedy

I don't intend to ever support gov sponsored terrorist land grabbing for RECREATION
as some GREEDY anglers appear to support.

"hey, that duud over there has a great bass lake, we should be able to fish there!
lets get the legislators on our side so we can TAKE IT

OOH OOH, that duud over there has a great wetland marsh area!
Man you see the ducks! we should be able to hunt there"


..L.T.A.
#53
egg sac
Expert Angler
  • Total Posts : 517
  • Reward points: 0
  • Joined: 2000/10/02 22:33:36
  • Status: offline
RE: Elk Creek @ RT 90 2008/12/08 23:48:37 (permalink)
genieman77


I am all for landowner rights but do belive it should be the way it was orignaly worded for this country that basicaly all nav waters both past( elk and walnut) and present (including the rule in part in whole )be full stream access to high water mark. Now I also understand the argumnets about not wanting anyone in thier back yards ..Bet it could some how be aranged to build them a fence to keep bad people out to keep access open. Also the lands in question along the erie tribs was origanaly iricois/senica(sp) indian land we stole. and belive me thier was way more steal then trade..trail of tears ring a bell straight up goverment theft. thank the low life on our 20 dollar bill for that one. if not the how about the viral warfair with small pox white man did to them to steal land. Nothing we have in the us today land wise was gotten without some low underhanded steal or deal...


ones personal pond should be off limits as well as land but I will always belive the moving water should never have an owner.


I do however had what I feel is a good idea that would benifit all expecialy landowners.
What if say thier could be made some kind of land owner assiation/group that all the stream owners or even part of them take part in. We as anglers buy a special access stamp( cheap say 5 bucks) to fish all these areas the proceds get divided between the landowners based on amount of avialible stream frontage they give access to. only people with the special stamp can fish these areas..this is just a thought may not work but is an idea.

SO MANY FISH SO LITTLE TIME.
WHY ARE ALL THE PLACES I HAVE YET 2 FISH SO FAR AWAY?
#54
FiveMilePete
Pro Angler
  • Total Posts : 1131
  • Reward points: 0
  • Joined: 2004/10/13 21:36:32
  • Status: offline
RE: Elk Creek @ RT 90 2008/12/09 00:05:28 (permalink)
No ladders below Rt. 5 on 4 mile. Haven't seen any evidence that they are going in.  I don't really know what good they will do. I've seen fish at the dam exactly twice. And no large numbers. 6 years ago they might have been a good idea, don't see their usefulness now. IMO
#55
genieman77
Pro Angler
  • Total Posts : 2534
  • Reward points: 0
  • Status: offline
RE: Elk Creek @ RT 90 2008/12/09 00:43:53 (permalink)
Eggy,first off, google "trail of tears" and read it
Next thing, are you suggesting we give Georgia back to the  Cherokee ?
Or should we just continue to send their welfare checks to Oklahoma?


back on topic,  the nav laws were never intended for anything more than right of way passage.
The water ways in the early 1800s were the hi-ways.
The fed nav laws were enacted to keep land owners from choking commerce and transportation  or charging tolls to pass though their section.
There is nothing provided for in the nav laws concerning hunting, trapping or FISHING

some states have twisted the law to suit one or two special interest groups.

I'd like to know, can the 4 wheelers race up and down the high water mark on Juniata?
and if not, how come?


...L.T.A.
#56
Ironhed
Pro Angler
  • Total Posts : 1892
  • Reward points: 0
  • Joined: 2001/11/07 19:10:08
  • Status: offline
RE: Elk Creek @ RT 90 2008/12/09 01:13:58 (permalink)
ORIGINAL: egg sac

genieman77


I am all for landowner rights but do belive it should be the way it was orignaly worded for this country that basicaly all nav waters both past( elk and walnut) and present (including the rule in part in whole )be full stream access to high water mark. Now I also understand the argumnets about not wanting anyone in thier back yards ..Bet it could some how be aranged to build them a fence to keep bad people out to keep access open. Also the lands in question along the erie tribs was origanaly iricois/senica(sp) indian land we stole. and belive me thier was way more steal then trade..trail of tears ring a bell straight up goverment theft. thank the low life on our 20 dollar bill for that one. if not the how about the viral warfair with small pox white man did to them to steal land. Nothing we have in the us today land wise was gotten without some low underhanded steal or deal...


ones personal pond should be off limits as well as land but I will always belive the moving water should never have an owner.


I do however had what I feel is a good idea that would benifit all expecialy landowners.
What if say thier could be made some kind of land owner assiation/group that all the stream owners or even part of them take part in. We as anglers buy a special access stamp( cheap say 5 bucks) to fish all these areas the proceds get divided between the landowners based on amount of avialible stream frontage they give access to. only people with the special stamp can fish these areas..this is just a thought may not work but is an idea.



Are you nuts!?!?!
I have a serious problem with people who think these commercial laws from 200 years ago should be trumped by their recreational interests, especially over an artificial fishery.  These lands were here long before the steelhead and so were their landowners.  Leave them be.
The PAF&BC is doing the best they possibly can with what is front of them.
Yeah, build a fence.  You think a lousy fence is gonna deter the "bad" people?!? lol

Another thing that amazes me is the amount of posters on this thread that fished this area but don't know who owns the land.  This is one of the first dominos in the line when it comes to loosing access.

Ironhed
 
p.s. "Right of way passage", thats sounds much better Genie.
post edited by Ironhed - 2008/12/09 01:15:15
#57
vmises
Novice Angler
  • Total Posts : 52
  • Reward points: 0
  • Joined: 2004/10/18 09:08:25
  • Status: offline
RE: Elk Creek @ RT 90 2008/12/09 07:50:53 (permalink)
Hey Iron, if other guys are like me, I walked in via a known access area.  Having happy feet and the desire to explore, I walk upstream and eventually end up near where I used to fish years back before it was posted.  Is it surprising that I ended up on land and did not know the owner?  No.  Does a posted sign on the shore always mean no stream access?  No.  I grew up on a stocked trout stream and people very often posted their property to keep people from cutting through their yard BUT stream pass-through and fishing was permitted. 
 
For clarities sake, I think we should color code no trespassing signs, red for no access, blood dot for enter at your own risk, chartreuse for enter with caution, olive for come on in, and crystal meth for bring your dancing shoes.
#58
kyler16
Pro Angler
  • Total Posts : 2396
  • Reward points: 0
  • Status: offline
RE: Elk Creek @ RT 90 2008/12/09 11:16:20 (permalink)
at this moment id like the thank happy guy for the use of his property wish there were more people like him in this world.

"If you kill it, eat it. If you eat it, cook it right."
-Steve Rinella
#59
spoonchucker
Pro Angler
  • Total Posts : 8561
  • Reward points: 0
  • Status: offline
RE: Elk Creek @ RT 90 2008/12/09 11:56:53 (permalink)
"there are two main falls that have caused arguably SOME OF THE BEST FISHING WATER TO BE POSTED. why is it so hard to understand? "
 
Then it seems to me, that under your theory, installing ladder would cause them to no longer BE the "best fishing water", so you gained nothing. OR these spots would continue to hold large numbers of fish even WITH the ladders ( which they would ), and thus still attract the crowds leading to posting.
 
DuUd, that area uis close to the lake, and a hudred yards from the road. If it hold fish in any numbers, and it would. It will still attract numbers of anglers. All you have to do to verify this, is look at any section with close, easy access. They draw big crowds, wether they hold fish, or not. Left un- molested, any fish that want to move up fom those falls can, and do move up. It doesn't take "blown out" conditions either.

Get Informed, Get Involved, And Make A Difference.

Step Up, or Step Aside


The next time you say "Somebody should do something", remember that YOU are somebody.

GL
#60
Page: < 123 > Showing page 2 of 3
Jump to: