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Trout Fishermen Cited For Standing Up In River

Were They Trespassing? Judge Will Decide

POSTED: 10:42 a.m. MDT April 30, 2003

Two Crested Butte, Colo., fishermen are due in court May 20 to answer charges of trespassing while fishing on the Gunnison River.

The men were fishing on a section of the river that runs across property owned by George and Joy Besse.

Rene Defourmeaux and Zig Sheaffer fishing from float tubes when they stood up in the river and that's when a verbal argument ensued.

It is not unlawful to float in a river or stream through private property for the purpose of fishing, but it is illegal to stand on the river bottom or shores while on private property, officials said. It is considered trespassing.

"You can't touch the banks or the beds of the river," said Sheriff Rick Murdie, "but you can float through."

Defourneaux said that they were not touching the bottom of the river, but they were afloat in an eddy -- a still pool of water -- and, as a result, they may have appeared to be standing.

Defourneaux and Sheaffer were given citations for third-degree criminal trespass.


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