Public Trust/ Access Issues Monmouth County NJ April 2018
4-16-18
One Small Victory for the Public Trust and Fishermen Access
I wanted to document this in case other situations develop or fishermen are hassled. I have put my fishing access efforts on the back burner..... as I don't have much time to post here or monitor the site as much.
This incident happened Monday 4-16-18, in a popular Monmouth County area.
I never argue with homeowners, and unfortunately ran into someone who was pretty nasty and irate.
The Scenario:
To get away from the crowds, I have been working some different areas, always being respectful....and introducing myself to homeowners whenever the chance arises.
Monday early evening I found myself walking around a back bay area to test the waters. Some houses are in the area. The access is not marked, but designated by an open path to the water. As I was scouting, a homeowner came out and told me I couldn't fish there. I introduced myself, politely, as I always do, and politely let him know that I could, because of the Public Trust Doctrine. I went on to empathize with him.....tell him I absolutely hate what the internet fishermen have done for access, and assured him if he ever saw me out there, he would not have any cause for concern......I am quiet, respectful, and don't leave any trash behind.
How it Unfolded:
He said he didn't care, he has Riparian rights, and he didn't want anyone fishing on "his" property.
Riparian Rights explained:
http://stripersandanglers.com/Forum/...Trust-Doctrine
As he got more hostile, I realized I didn't need the drama, and got ready to leave. Then, he said, if I didn't leave, he would call the police.
That was enough to make me decide that this wasn't something I wanted to walk away from. Many people talk the talk..... but are unwilling to take any action. I knew this was a moment to take action. I requested that he call the police.
I then went to my vehicle, got geared up to go fishing, and pulled out all my documentation, ID, etc, put it on the hood of my vehicle, along with several references to the Public Trust Doctrine on my phone.....the most important one being the link here;
http://stripersandanglers.com/Forum/...Trust-Doctrine
The Calm Response and Strategy:
1. I was calm but assertive....and presented a non-threatening citizen for when the police rolled up. The homeowner, on the other hand..... had been agitated and argumentative.
2. I had all my ID and documents ready for presentation. Am always respectful of law enforcement..... I have many friends who work in the field. When they asked my version of the story, I calmly explained how I was not trespassing as he claimed, and my fishing access was backed by the Constitution and the Public Trust Doctrine. That I had originally intended to leave, but as he became hostile to me and my fishing there.....I decided to stay........I also said if they wanted to write me a ticket, we could go to court, and decide in front of a judge if I had legal access or not.. I was fully prepared to be the test case for Public Trust Access in that town.
3. After the officer conferred with their supervisor (yes...this was such an important call, in that small town, that it was necessary for 2 patrol vehicles to show up.......)... They came back to me and said:
"Sir, it appears this is just a mis-communication. You do have a right to fish here. And we are not telling you not to. He does seem a little irritated, though, so if you could, maybe you could fish away from his house."
Me: "No problem officers, have a great day."
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Originally Posted by DarkSkies
Thanks for sticking up for us though, good job. We really could have used you when they closed the public lots at whale creek down at night. Damn shame.
