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genieman77
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Silverbullet_11 I am from Wyoming, and the state would offer payments, tax breaks, etc. to landowners that open their property for public access. I would like to see that, as it would be fair for everyone. agree I've said a dozen times everyone gets something good out of the circus EXCEPT the land owner . the tent makers, trapeze artists and elephant ear/sausage/french fry salesmen make money. The ticket buyers get to enjoy the show.. the land owner gets the traffic, noise and cleaning up the elephant crap left behind ....for nothing If the landowner refuses to open the stream bed, they are restricted to not profit through use of guides or trespassing fees.
I wouldn't be opposed to that..or additional fees based on the percentage of fish that hold there all season long. example...if it costs $15 to raise a smolt, and a particular stretch averages 100 fish all season long, there'll be a $1500 charge I don't want to see them declared "nursery waters" as some have suggested . my whole point is that it would be nice if something could be done to open up some of these areas and get money grubbin guides to get a real job I'm not sure guides are the problem, are they? How much water is leased to guides only now? I don't know, but don't think it's a large portion compared to all the posted water most all the posted water was posted before any guides approached them. Landowners got fed up with the circus clowns even the "good anglers" are a HUGE footprint alone ..L.T.A.
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DarDys
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Porktown
SaltWaterRocksAnd since you are allowed to counter-sue for legal fees now, there haven't been any of this type of case in a while.
Just curious if you happen to have any reference to this? My attorney has told me the opposite in a rather pricey dispute that I am in, involving real estate. Possibly real estate laws are written differently? Not allowing to sue for legal fees, really puts the clamp on an individual vs. large companies. They can, and will, keep cases active until you are broke. Ohio allows, PA does not, at least according to my attorney.
The problem with counter suing, in addition to not getting paid for your time, goes back to the old adage of not being able to get blood from a stone. Your attorney is going to want to be paid by you, either upfront or at the trial's conclusion. Should you win and are awarded defense costs, how long will it take to recoup those if the person has no money or salable assets?
The poster formally known as Duncsdad Everything I say can be fully substantiated by my own opinion.
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jat1007
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silverbullet. good points, i am on board....
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CAPTAIN HOOK
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I'm not sure guides are the problem, are they? How much water is leased to guides only now? I don't know, but don't think it's a large portion compared to all the posted water most all the posted water was posted before any guides approached them. ..L.T.A.
I don't know about that ...seems most of the posted water is used by guides and private invited people for years now. At least on Elk ! That stretch I fished from I-90 up close to the covered bridge was open by permission years ago. Then the Beav and his cronies showed up later on with a hand full of dollars and shut it down! Like they say " nothing personal just business " ! That area above the legion was posted up to the RR trestle for many years but they allowed their private crew in to snag all day ! Yea I talked to a guy who had permission in that stretch years back and said they loved snagging fish all day and nobody to bother them ! Nice huh ? Had nothing to due with crowds or trash !
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H3Fisher
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Money is king... They should start looking into these activities and verify they are posting it on their taxes as extra income.
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mike55
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CAPTAIN HOOK Not much of a future for Elk Creek fishing or Steelheading. Time for the Fish Commission to change gears on this program it's fading fast.
+1 WELCOME TO THE DARK SIDE
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PooFLinger
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Man, i don't know this is all a touchy subject in my opinion. I keep putting myself in a land owners shoes, imagine sitting in your kitchen helping your children do homework and theres some fishermen there walking past your window, or peeing on your tree. Imagine sitting at your table drinking coffee at 5 a.m while your wife gets ready for work and a motorcade of cars is pulling up to your house or flashlights are going through your yard. Im all for fishing access, but as a responsible homeowner, living on a quiet quiet quiet rural street... I'd have to oppose letting people come at free will. My road sees no more than a dozen cars a day, usually the same people, same times. Its quiet, its nice, and i hope it stays this way. If i had a steelhead creek coming through my property or on my road, imagine the chaos... 3-5 months out of the year is just insanity, trash, traffic, from 5am to 10 pm, 7 days a week. People upon people I don't believe it is right for people to make money off their property without being taxed income... this is a screwed up loophole and i hope people get busted for it that do. poor richards cant sell skein from a fish it didn't pay for.. As for the whole ask for permission thing... again, 5am to 10 pm 7 days a week... your door bell would be ringing non stop!! Or, people would see 1 or 2 people fishing and take it upon them selves to assume its fair game. Lots of if and buts... but for me its no, its getting posted. Will i let guides on it and or profit from it... absolutely not. What i will do however is if i meet you at a bar, or on here etc.. and i know your a truly respectful person, you will be able to bring your young child or an elder... someone who is not capable of combat fishing with the masses. At your own will without permission. Im very locked down when it comes to strangers and trusting random people... but if i come home from work and I see a good friend stopped by and was in my house or out on my property unexpectedly, I'd welcome them. Im selective with socializing, if you had a minute to decide if someone that knocks on your door and wants to fish your property, can or cant..youd be hesitant to say yes. Unfortunately its all or nothing up there. Your either shut down to everyone or open to the masses.. there will be no in between..
post edited by fishfashfush - 2016/10/26 00:58:38
Gill em to kill em then Rope em smoke em
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jat1007
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CAPTAIN HOOK
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Too me it's a loosing battle now and heading into the future. I'd say as of now 1/3 of Elk Creek is posted or private now. Of the 2/3's water left to fish, I'd say at least 1/3 is not worth fishing, too shallow, or just doesn't hold staging fish . That leaves about 1/3 water or ground to open public access fishing ! Divide that by all the fishermen crowding into that open 1/3 area and you have what is now Erie Steelhead Fishing. For some it's still fun and worth it, to old timers like me, you can have the crowds. "Turn out the lights the party's over" !
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SteelSlayer77
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The way it's going up there, I feel like the PFBC should be trying to secure as much lease access on Walnut as possible over the next few years. Paying a higher premium for nicer and larger sections, while foot traffic is low on the middle to upper sections. Then as soon as they feel no more land can be reasonably obtained, blast out that stupid waterfall on lower Walnut and let the fish and fishermen spread out, as well as slightly increase the number of fish stocked into Walnut. It's really a shame to see all of the scenic beautiful open water on middle and upper walnut year after year with no fish.
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jat1007
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it makes you wonder where all the fish are in late December when there's not much in sterrettenia and nothing at the lower section or legion area.... wonder if they are like the deer in hunting season where they all just head to the propagation area bc they know there is no hunting pressure... either way you'd think mid elk is where most of the fish hold...
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jat1007
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i wonder how much that waterfall deters the fish.... later in the season there isn't much low on the nut.... either make it over or back to the lake? ... i doubt back to the lake..
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adyak
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jat1007 i wonder how much that waterfall deters the fish.... later in the season there isn't much low on the nut.... either make it over or back to the lake? ... i doubt back to the lake..
They are on a freaking stringer.Pa is the fish roping capital.
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CAPTAIN HOOK
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jat1007 it makes you wonder where all the fish are in late December when there's not much in sterrettenia and nothing at the lower section or legion area.... wonder if they are like the deer in hunting season where they all just head to the propagation area bc they know there is no hunting pressure... either way you'd think mid elk is where most of the fish hold...
Absolutely ! They are stacked from I-90 to Follies.....the posted no trespassing areas! (mid Elk) Trust me that area holds a ton of our fish ! (if they return ) Especially late season. That's miles of stream posted with plenty of holding holes and good runs. Look on a satellite map one day and see how much good water is posted on Middle Elk . It's a joke.....best water around only for the "elite and well to do" ! Keep em all ! Why share they don't !
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Porktown
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DarDys Your attorney is going to want to be paid by you, either upfront or at the trial's conclusion. Should you win and are awarded defense costs, how long will it take to recoup those if the person has no money or salable assets?
No doubt, attorneys want paid for their time, regardless of outcome. In my case, a company was liable for work. They knew it, and have since fessed up and have done 95% of the work. I'm taking the remaining 5% as a loss, to go along with engineering, attorney and other professional witness fees that I have compiled. None of that is recoverable by PA laws, written to benefit big businesses. If this went to trial, it likely would have cost me 5-6 times as much, and not able to counter sue for the costs in PA. My company benefits, have a legal program, to match funds to a certain amount for legal fees, which I was willing to drain my 401k for, if counter suit was an option. It was getting close to the point of me going that route regardless. So, the amount that I have paid is nothing compared to the amount I could have paid, for about the same outcome. Every professional witness and attorney that I met with assured me, that if it went to trail, there were multiple violations that proved them liable, and basically was a "slam dunk" case. If able, I would counter sue right now, for the fees. I doubt my attorney would have any issues moving forward on a counter suit for this money. He was invoicing me 2 weeks after any meeting or services rendered, during the process. It is just more money for him. The company in question, is financially sound with over $500M in assets. It may have taken them time to pay me, but no issue with money or salable assets. No issues at all paying the attorney, as that was through me.
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KJH807
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genieman77 ... everyone gets something good out of the circus EXCEPT the land owner . ...
^THIS the lease easements are not a lucrative as the yearly come-and-go people would like to think... plus they lock the land owner in for an extended period Smart move is to allow access, with the option to shut it down WHEN (not if) things get bad LIKE... - people ripping down your posted signs - not respecting conditions - stealing your crops - trashing your property - driving on your property - dumping trash on property - starting fires - guiding outfits knocking on your door
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350Z&Steelheads
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Sad to hear that there is more land posted. That makes about 7.09 miles of posted water down stream of Folly's. There is less then that below the posted properties. Just saying... I am not busting the owner that posted as I have witnessed many of the human behaviors that probably assisted in his/her decision to post the waters.
Give a man a fish and he will eat for a day. Teach him how to fish and he will sit in a boat and drink beer all day.
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fisherofmen376
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KJH807
genieman77... everyone gets something good out of the circus EXCEPT the land owner ....
^THISthe lease easements are not a lucrative as the yearly come-and-go people would like to think... plus they lock the land owner in for an extended period Smart move is to allow access, with the option to shut it down WHEN (not if) things get bad LIKE...- people ripping down your posted signs- not respecting conditions- stealing your crops- trashing your property- driving on your property- dumping trash on property- starting fires- guiding outfits knocking on your door
Could fall under "trashing property", but the infamous taking a dump or a leak on someone's property. The caveat for me is, does the person have a home on the land? If not, I'd keep it open and get the fish commish dough. If my HAHHS is there, no doubt about it, would be posted, with occasional permission granted to a few trusted folk.
"Come, follow me," Jesus said, "and I will make you fishers of men." Matthew 4:19
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chrisrowboat
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Just hope in the future the WPC will get involved and acquire the said areas or the FC ups the amount of money it is willing to pay for easements. Money will get land owners attention as taxes go up and farm income drops. Another recession would not hurt either as one is predicted to occur in the next few years. As these landowners retirement income falls an infusion of cash for easements could help them.
post edited by chrisrowboat - 2016/10/29 20:16:19
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Indiana_Bob
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I hope the landowner milks the state or the guides for as much money as possible. At least the guides will keep the place clean and respect the property. Doubt I can say the same for the rest of the slobs who venture there...
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DarDys
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If I recall correctly, and I might not, when the easement deals were first offered, they were in perpetuity. Is that still the case?
The poster formally known as Duncsdad Everything I say can be fully substantiated by my own opinion.
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