The Only Mention In The Law on The Subject Matter Reads: "You May Not Set Or Stake
A Trap Prior to 7:00AM On Opening Day".

Pre-Staking is Not Specifically Mentioned.

We have a Guy who races around the marsh At 7:01AM on opening Day jamming stakes in The marsh bottom with a trap attached but not yet set.

He Typically covers hugh amounts of territory tying up trap sites before returning at his leisure to set the trap and complete the set.

He contends that the Stake & UNSET TRAP he positions after 7:01AM lays claim to the trap site.

I don't agree with him and although I haven't ever challenged him on it, I contend that until he actually sets the trap, I believe He has no claim of a legally set trap and therefore no claim to the site.

This same character, Ironically, claims that Pre-staking is Illegal and Un-ethical.

Go Figure.

My Personal Reasoning for pre-staking is at 7:01AM, I want to SET TRAPS just as fast and efficiently as possible and I contend as Long as I don't have an Expectation of a Claim to a Trap Site, Then It Is Legal and there is nothing wrong with It.

Prestaking is Pretty much widespread practice around here and I lost out on a lot of trapping sites in the past by Not Practicing It so I figured if you can't beat them, join them

In fact, every trapper who finds my Pre-stake has a much easier time locating & setting the pre-staked site.

I have had lots of stakes of mine used by other trappers, or thrown into the cattails.

It's a gamble, and you are taking a chance that it will be turned against you, but It pays Off big time if you can run back through and set traps at prestaked locations once the 7;01AM season opens but before the sun has fully risen during that half hour of Pre-dawn darkness.

The same Guy who started setting at my pre-stakes has prestaked before me in the past using subtle but none the less visable sticks to mark den entrances.

I use Orange painted 36" to 48" road grade stakes and If Somebody Starts setting at My Pre-stake, I have never said One Word to them or tried to verbalize ownership of a site.

Like It Or Not, We face stiff competition for trap sites on Public ground and Until DEC & Encon Police addresses It with a Regulation, It's going to continue to happen, and I'm not going to be the one without a muskrat in my Canoe while the other guy has a Boatload because he prestaked a few den holes in the dark.

Many If Not Most Fisher trappers around here leave their cubbies on site year-round every season, and Then Pre-bait & Lure weeks before the opener all over Tughill Plateau.

It's The same Thing as prestaking a muskrat den, but you don't hear any one cater-walling about It.

Lots of Preseason work goes into putting up a good catch including digging dirtholes, setting cable stakes, all with speed and efficiency on opening day in mind.

Prestaking a muskrat den is no different.

AL, I believe you are well within the law by leaving fired traps in the field while taking a break from trapping and you need not be checking an unset trap.

w

Apparently no one is getting pinched where your at or you would hear about it , legal or illegal.
If it's that way , it's just as easy to set next to someone else's set spot also .
Glad I don't have to deal with such things .

Bob,
Thanks for the response. Pretty interesting stuff.Apparently things are done differently in different parts of the state.
I am an avid fisher trapper and very outspoken about the regs and season.Are those fisher cubbies on state land? I believe those on state lands have to be removed each year. I don't care if they leave them, just another bad DEC reg. We can't legally leave boats by Adirondack Ponds.
Actually I only have one bad apple mink competitor that has no regard for the law and has been ticketed numerous times. Most of my mink trapping I have no close competition.Same with fisher; I figure that I'm pretty lucky; most of my trapping in wilderness areas and I just do my own thing.
Good luck with the rats, stay safe, and have fun.

Al

Arrived at Salmon River At Dawn And Started Checking Traps, and Adding Sets At Sites I Missed yesterday Due To Canada Goose Muddied Water.

No Sign Of The Competition As They Must Have Checked Before Dawn as There Was Nary A Rat To Be Seen In Their 110's.

When The Smoke Cleared at Salmon River, I had Added an additional 35 traps for a total of 114 Sets In The water for Night #2.

The Salmon River Catch Was An Even 40 Rats.

Pulled Out and Headed To Colwell Pond On Lakeview Marsh where I picked Up another 13 Rats Including A Beautiful Jet Black Rat.

There was Another Trapper Setting the East Side of The Pond Stretch that I passsed Up Yesterday Due To Lack Of Rat Sign and Being Unduely Exposed To The Prevailing West Winds.

So The Total Catch For The Day Was 53 Rats out Of 117 Sets.

I Now Have A Total Of 156 Traps Set & Soaking For Tonight's Second Trap Night.

I'm Now Waiting For The wind To Dry The Rats Out Before I Start Skinning.

Took A Few Catch Photos, But Can't Post Them Due To The Photobucket Debacle/Etc.

It's Going To Be A Long Night.

Thanks For Looking.

Stay Tuned.

walleyed Out.

Glad your enjoying the season Wally. Stay on them.

Always enjoy your posts.

Too hot to trap here.

Congrats on your catch. How long does it take you to skin that many rats?

Thanks for the update, good day over all.

joe said he mite be heading your way

Just came In from skinning 17 rats, about 2 hours to do those but I'm very slow and rusty.

Most aren't completely dry yet so It will be awhile. Hands Hurt from depressing #160's.

Running out of daylight now.

I'll do 11 more and then leave the rest for the morning.

w

Go get'em Walleyed!! Your journal entries are a hoot, I still think you should write a book in the off season! Personally, I think its unethical to use someone else's pre-positioned rat stakes even if its lawful. They had equal chance to set their own stakes ahead of time but didn't. Maybe I'm just too old fashion or competitive enough. Good and safe adventures this fall Walleyed!!

walleyed Finished Skinning At 10:30AM this Morning And Headed For Salmon River.

Checked The Traps and Added Another 10 Sets For Total Of 127 Sets Soaking Tonight.

Picked up An Even 40 Rats Out Of 118 Sets for the 2nd Day In A Row.

Checked Colwell Pond At Lakeview Marsh and pulled All Sets As There Were Only 6 Rats Out Of 38 Sets.

The Muskrat-ometer Is Hovering at 99 Rats in Two Days......One short Of The Century Mark !!

There was an Offshore Wind Seiche Out Of The Southeast so The Pond water Level Had dropped By Over A Foot and Stranded Dry Many Sets.

walleyed Is having A bad back day so I'll postpone skinning Until The morning.

Thanks For Looking.

Stay Tuned.

walleyed Out

Lugnut and i were talking about you being on your knees for 8 hours in that canoe.hats off to you and good luck on your adventures.

walleyed Skinned Rats This Morning Until 11:30AM And Then Headed To Salmon River. The Plan Was To Pull The Whole Line Ahead of The High Winds & Torrential Downpour Forecast For Eastern Lake Ontario Region.

It Was Hard Pulling Traps As It Seemed Many Traps Held A Rat, But Walleyed Stuck With The Game Plan and The Final Body Count Was 34 Rats Out Of 127 Traps.

It's Already Raining Here So The Muskrat are Laying before the Drying Fans Drying Out For Skinning In The Morning.

That Makes 133 Rats in Three Days, Or 44.33 Rats Per day.

Last Years Three Day Total Was 123 Rats So we Are 10 Rats Ahead Of The Pace

Thanks for Looking.

Stay tuned.

walleyed Out.

nice three day avg

Yep walleyed, your famous enough to have been a topic of discussion as PCR and I walked along the Osweyo River casting for, of all things, walleye and discussing things in general. If your ears were ringing last Monday (10-23-17), that would be why.

Keep the updates coming, I really enjoy them.

The Osweyo River Near Shinglehouse, Tributary Of The Allegheny Rver ?

The one and only.

Walleyed...thank you for your post and sharing your rat trapline with us. I GREATLY APPRECIATE IT! It brings back a LOT of great water trapping memories for me. In MT as a kid and in TN as a young adult. I really admire what you said about how you deal with other trappers concerning your stakes without a trap. My hat is off to you sir! PLEASE keep us posted and PLEASE add some photos, if you can? Thanks again.

Happy Trails and God Bless! Cary

yessir,showed him the worlds largest bait set for beaver.lookin forward to doing a little rat trapping myself but i couldn't hold a candle to youkeep the updates a comin,i look forward to them.