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Hey everyone, I got out west for the first time this year on the weekend, On Saturday evening after working later than expected I decided to try and out duel the rainy weather and head into the back country in search of some trout. I drove west and eventually found some clean enough water. The wet stuff caught me here and there but I managed to find enough friendly weather to make it a comfortable day of trout hunting on Sunday. The bigger rivers were high and dirty but I found the major tributary waters to be a little high but mostly quite clear and the little tribs were basically perfect. I fished mostly a dry dropper setup consisting of a Stimmy on top with a bead head Hare's ear nymph as the dropper while exploring the streams. I did tie on a big white streamer for a few minutes while trying to coax a big bull on a tiny stream to meet the inside of my net. I managed to get into a few fish, some small and some of a really nice size ... It turned out to be one of those days where each fish got better and better as the day went on with the best ones coming just before you call it quits and head back home. If you keep searching eventually the beautiful fish will find you. All in all I had a great time for my first outing of the year, I saw some gorgeous nature and some majestic landscapes, met a few wild and native trout along the way and enjoyed a little solitude. I captured some video images of this little adventure for you to enjoy. Check it out and let me know your thoughts. Cheers !!

I googled Alberta Petty Trespass Act and got to an article summarizing recent changes to the legislation. (https://auma.ca/news/casual-legal-alberta-strengthens-trespass-legislation). Changes in Feb 2020 include increases to fines and clarifying when a landlord is presumed to prohibit access - i.e. doesn't have to post the land as "No Trespassing". "The amendments to the Petty Trespass Act also clarify when notice is no longer required to be provided to a trespasser. The list of areas where notice is now essentially presumed, as provided for in the Petty Trespass Act, includes lawns, gardens, land used for the production of crops or raising of animals, lands surrounded by a fence or natural barrier and lands that are enclosed in a manner indicating the owner’s or occupiers’ intention to keep individuals or animals off the land." So it would seem that where a fence has been set back from the bank, to keep livestock in the field and out of the creek, there is no presumption that the landowner is intending to prohibit access. I'm thinking about Dog Pound upstream of Rge Rd 43 (although I haven't fished that water for several years, so it might have changed since then). Likewise, where a fence is not being actively maintained, is in a condition that would allow livestock to step over the sagging wires and has been like that for a while (I'd say a year at least), there is no presumption of an intent to prohibit access. But all this means nothing if the landowner has posted the land: a sign leaves no room for presumption, it is an express statement of intent, even if the fence hasn't been maintained. Ditto, if a landowner tells you to get/stay off their land, it doesn't matter whether they have posted the land or maintained the fencing. The lack of signage or fencing might give you an excuse for having inadvertently trespassed, but once you are informed of the landlords intent that excuse no longer holds water ... pun intended.

You also need to understand that simple human interaction isn’t always simple for some people. A lot of fisherman are introverts, including myself, and go fishing to take a break from people. I’m like Jayhad and avoid all human interactions while i’m out. No fisherman needs unnecessary harrasment/yelling while out recreating in a lawful manner. There is no excuse for trespassing or failing to contact a grazing lease holder for access. However, some of these landowners/lease holders don’t help the situation either. I’ve been chewed out just for phoning a lease holder and requesting access. I grew up in rural alberta and understand the conflict, however some of these landowners/leaseholders need to get their facts straight before trying to bully people off the water.