A LACK OF ETHICS = A LACK OF ACCESS

Michael D. Zagata

You’re all aware that access for fishing and hunting is becoming scarcer by the day. There are a number of reasons for the decline. The world is a more complicated place, and there are more people with more types of pressure than ever before. Indeed, in order to survive that pressure, we tend to focus on our needs and what suits us best. When it comes to access, that may be the wrong approach.

Last week my friend, Charlie, and I visited a place where we have fished for over forty years. It is a very productive stream, and this particular stretch is at the end of a road which has had the bridge removed. Because the road on the opposite side is now impassible, the stream can only reached by a road that passes through the landowner’s property. The bank on the opposite side has “public fishing access” signs tacked onto trees lining the stream.

When we pulled into the “parking” area formed by the old bridge abutment, we were greeted with bright, new “no trespassing” signs. How could that be, and why did it happen?

While standing by our vehicle the landowner approached us. He recognized us and was friendly, but concerned. We asked if we could fish and he granted permission. However, he then went on, without prompting by us, to explain the “no trespassing” signs and newly strung barbed-wire. He explained that fishermen were leaving piles of trash where they parked and that someone, presumably fishermen, was cutting his fence. The cut fences resulted in cattle coming onto his property and destroying nursery stock.

When we asked about the “public fishing” signs he explained that he had not sold the easement rights to his side of the stream and did not intend to do so. He was not happy – and neither were we. The barbed wire had caused the DEC hatchery truck, there to stock the stream, to turn around and leave without stocking the stream. This meant another great stretch of stream was about to be “lost” – access would no longer be the only issue.

Charlie and I fished and ruminated on our conversation with the landowner. We devised a plan. We called the landowner and left a message. When his wife returned our call we explained that we would come over several times a year and pick up the trash – trash that had no business being left. She kindly acknowledged the gesture, and then asked the surprise question: “What’s in it for us”?

I had no answer, but asked if she would further explain. She did. They have young children and a dog. Neither are allowed to play near the stream during fishing season for fear that a stranger - and we fishermen are usually “strangers” to the landowner – might harm them. In light of the events that unfold weekly on the national news, that is a real, legitimate fear. She explained that fences get cut, and no one stops by to ask permission or to say “thank you” when they leave. She went on to explain that after we had left two fishermen sped past on the dirt road in front of their home creating a danger to her family and a dust cloud that enveloped them. They parked next to the “no trespassing” signs and began putting on their fishing gear. When the landowner approached to ask what they were doing, they became abusive. We did not have a plan for dealing with that!

Please, if you read this, think about what you are doing and how you are likely to be perceived by the landowner the next time you access your favorite fishing or hunting spot by crossing private property. If you don’t, you, not the landowner, may be guilty when that privilege is lost. If it’s lost you’re not the only one that will suffer – so will your children and their children.