So this past spring when I was helping stock trout in the local creeks here, I spoke to a couple of the fish wardens about the property rights and fishing situation in Erie. The one guy, who said he himself goes fishing there in the fall every year, was trying to tell me that Elk creek is navigable and it's legal to fish anywhere there if you're within the high water mark. I knew that wasn't right and I argued the point, which seemed to irritate him, so I left it go. The other guy was more knowledgeable, having patrolled there at some point in his career. He said that Elk is not considered navigable, but should be. He said any waterway that was ever in history used for commerce in the sate of Pa. is supposed to be considered navigable and a public right-of-way. He said Elk creek was absolutely used in this way long ago and can be proven, and the only reason that it's not regarded as navigable now is because of the wealthy landowners with property along it. He says if it ever went to court, and someone had the money to press the issue, the laws there would have to be changed because Elk satisfies all legal requirements for a navigable waterway.
I myself have no intention of trespassing there. Last year I did well enough just fishing the crowded holes on lower Elk that I didn't have any reason to go anywhere else. I picked up some litter up at the tree farm and tried to leave the area better than I found it. I did actually see a fish warden for once, just driving by in his SUV, but he didn't stop where I was. Seems to me that as long as everyone accepts things as they are, there won't be any changes either to existing laws or enforcement. The ones with deep pockets probably prefer it that way.