Enneacanthus and I did some recent collecting this week and had an interesting situation come up. We drove around an area that we've been before and found a cutout in the tree line next to a public road that let to a stream. The stream was around 25 ft from the edge of the road. Looking for "Private Property" signs or "No Trespassing" signs we found none, leaving us to believe that this was public access to the stream. We were also 30 yards downstream of a bridge crossing.
After an hour or so of collecting a guy in a Bobcat drove by staring us down. We figured we'd better pack up and leave so after a couple more passes we did just that. As we were taking off our gear and packing the car, the gentleman came back in his car. He told us that he owned the property on the other side of the stream and told us he didn't want to see us netting in this particular stream. But he also said he had no problem if we just wanted to fish. We tried to show him that we weren't after trout but instead non-game fish but had no interest.
He legally can't tell us what we can or can't do on this public stream and netting is legal as it isn't wasn't stocked trout waters or inside a national park. We probably won't go back just to avoid the hassle but I just wanted to share our experience.

He legally can't tell us what we can or can't do on this public stream and netting is legal...

Did you try to tell him this, and if so, how did he respond?

Did you try to tell him this, and if so, how did he respond?

He didn't really want to talk to us. We offered to show him what we got but wasn't interested. We know we won't be liked and we understood why he wouldn't want us to collect there. I don't know how I would feel if someone was collecting in waters that border my property. If we are in the area again, I'm going to give him a NANFA tri-fold brochure. I'm probably going to print a few of these out and take with us on our collection trips.

There are some frightening property owners out there, thats for sure. When I was collecting algae up in Northern Michigan, our group had to sample in one particular area of the lake that bordered a piece of land that looked like it was straight out of the movie "Deliverance". The house was really run down, there was the obligatory broken-down car on cinderblocks off to the side, a rusty swing set, and a half-dozen animal carcasses in various states of decay littering the back yard. Needless to say, we didn't get too close to shore on that particular data point. No whirlpack full of diatoms is worth being shot at over

There are some frightening property owners out there, thats for sure. When I was collecting algae up in Northern Michigan, our group had to sample in one particular area of the lake that bordered a piece of land that looked like it was straight out of the movie "Deliverance". The house was really run down, there was the obligatory broken-down car on cinderblocks off to the side, a rusty swing set, and a half-dozen animal carcasses in various states of decay littering the back yard. Needless to say, we didn't get too close to shore on that particular data point. No whirlpack full of diatoms is worth being shot at over

was that you????

stay out of my yard!!!

no wait Northern Michigan,

never mind

This is one of the odd aspects of our hobby. Sometimes I feel we have to be part lawyer and part outdoors man. Perhaps as a project we could post the laws of each state in the "state regulations and laws" section of the forum. I'm talking with a lawyer about the technical aspects of Illinois law at the moment. Hopefully I can come up with a formula to obtain information for all of the states. If anyone here has data to post about their home state, please share it with us by posting it in the "state regulations and laws" section of the forum.

Been through this one too. Turns out the landowner was right. In Wisconsin, there is a little rule tucked in the books to the affect that if a landowner owns the land from headwater to mouth of a stream, they have the right away of the water, even if you legally enter it from public ground ie; a road crossing.

Would have not been such an experience, but the guy was nearly ready to flip out and try to fight us I think. We acted in a civil manner, and stated we were just catching spotfin shiners [for bait #036; ]. I checked a platte book, and he did own the land from start to finish on this stream.

In most cases like this, I ask the land owner to give the game warden or ranger a call. After silences I usually have enough reduced tension time to pack up and leave, and never come back.

Here is something that has helped me keep on the good side of other landowners, bring a walmart bag. Pick up every last bit of trash you find while fishing! This is one of the number one things that ticks off landowners, and makes them suspect of anyone around.

One thing you cannot avoid, which I have heard. Landowners seeing people with nets, clear viewing containers, packets of paper for jotting down notes or maps etc get worried. They are under the assumption that people are searching for protected species on their land - which can equal them loosing full use of their property.

One thing you cannot avoid, which I have heard. Landowners seeing people with nets, clear viewing containers, packets of paper for jotting down notes or maps etc get worried. They are under the assumption that people are searching for protected species on their land - which can equal them loosing full use of their property.

This is a very good point. Since I'm just a guy and not affiliated with the state in any way, I generally get a pass from landowners to sample the streams. I make sure however to conceal my photography equipment and never under any circumstance even mention threatened/endangered species. I can understand/respect the private landowners concerns and make every attempt to hide the nerdy nature of the sampling.

I think I will make a call to the VDGIF and see if my statements are valid. They thought I was crazy when I was talking about collecting fish for personal use.

One of the biggest things holding me back from collecting is the threat from landowners. Even if I can legally collect someplace I typically won't, especially if it's in view of a house. I'm not a big guy and I often collect alone, there are a lot of very protective people around here who I would not want to mess with.