Smelting

[Jig man]

Anyone gone out yet? Must be pretty soon.. I just moved to Augusta area and the lakes around here are almost open...if anyone would be willing to show me some local spots pm me. If not I’ll be heading to western Maine to hit my old ones soon. Let you know if I get some!

[woodchip]

I thought most of spring smelting around in Maine were closed

[Brian VT]

There's a dipping place near me but I guess it got over-crowded and people left trash and other problems so the land owner now gives out passes and it seems those are all pretty much spoken for forever.

[Moosekill]

Hmm that is pushing the boundaries of being legal, and if he is charging for the passes he is opening himself up to liability/lawsuits.

[Jig man]

I know there a still a handful of places to go in Oxford county.. they’re normally crowded if they’re running.. lots of people drinking. Most of them at least respect the 2 quart rule. Unfortunately people do leave beer cans and bottles. The lake I live on in kennebec county is closed for dipping and that’s probably for the best. To many people around here. I’m already sick of catching brook trout with soft plastic in them. Don’t need to add trash.

[Brian VT]

Hmm that is pushing the boundaries of being legal, and if he is charging for the passes he is opening himself up to liability/lawsuits.

I agree about charging $ could be an issue so I imagine $ is not involved and it's probably more like "Hunting allowed by permission only" to try to keep the idiots out.
I get it. But it sucks for those of us that are honest, respectful, tax-paying citizens that don't happen to know the right people to be allowed to fish there.

[9huskies]

A simple liability waiver will protect the landowner in 99.9% of cases. My property is posted "Access with written permission only" and anyone who wants access for hunting is charged a fee. The permits name everyone in the party and the dates they are allowed on the property. I paid a lawyer to check my waiver to make sure I was protected.

[Moosekill]

Maine has a great law that in most all cases, exempts a landowner from liability if someone is injured on their property, as long as they don't charge to use that property.  As soon as you charge a fee, you lose the protection of that law, so then you are at the mercy of the courts.  A liability waiver may or may not work if you are charging for the use, I am not a lawyer and won't pretend to be one, but I would want a pretty good lawyer to check it out before I started charging people to use my land.

[Brian VT]

VT has the same law. The hope is to keep more land open to the public. I think it's great as lawyers and liability ruins everything.
VT also offers a tax break for certain amounts of land that are left open to public use. But many take the tax break and still put up Posted signs. I don't know why they are allowed to steal from taxpayers that way. I guess there must be some "loophole".

[darby74]

Maine has a great law that in most all cases, exempts a landowner from liability if someone is injured on their property, as long as they don't charge to use that property.  As soon as you charge a fee, you lose the protection of that law, so then you are at the mercy of the courts.  A liability waiver may or may not work if you are charging for the use, I am not a lawyer and won't pretend to be one, but I would want a pretty good lawyer to check it out before I started charging people to use my land.

100% correct.  In Maine, no land owner has ever been successfully sued in a liability claim.  3 key points are it was not at a structure,  not commercial property (no charging), and no gross negligence,  ie putting unmarked cables, pits, or aggressive structures on "known" trails
You charge money, you fall under different laws, as well as insurance statutes.  Signing a waiver doesn't keep you out of court, just gives the attorneys a reason to argue for a fee

[Brian VT]

Yup. When money is involved, lawyers get involved. Never a good thing.

[woodchip]

Happy Easter too all , Lets get the State active in bringing back a good PH in our lakes streames and ocean, Bring back White fish and smelts.     Burn tree brush for putting  Pot ash. into our water shed!!!!

[Brian VT]

Anyone here been dipping? (I'm not asking where)