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re: HR 391 (Water Access Rights) Passes 5-3 in committee

Posted on 4/20/18 at 3:35 pm to
Posted by Junky
Louisiana
Member since Oct 2005
8397 posts
Posted on 4/20/18 at 3:35 pm to
Grown arse men debating for 10 days straight, and not one mind convinced
Posted by OverboredTgr
Member since Apr 2018
82 posts
Posted on 4/20/18 at 5:56 pm to
quote:

Just stick with "John Doe dug the canal on his land, so it' private".


Part of the problem is the proponents of free public access refuse to accept that fact. The proponents take the approach, "if we can't access it, what good is it" .. check out Paradise La Episode 808 for that one.

Art 450 deals with running waters (water for consumption), natural navigable waters (waters for commerce at the inception of statehood) and sea bed and sea shore (water that controls the ingress and egress into the country) ... has nothing to do with water over private property which is subject to the private owner.

The proponent's narrative cannot get around it, therefore it must re write it.

Step 1 .. start challenging illegal gates and get rid of the ones that are unlawful. Let us know when that's done and we can go to step 2. But in the meantime don't start writing public access legislation that groups all gates and property together, then start adding amendments and such to insinuate a compromise. I believe the results are in on that tactic.

Posted by OverboredTgr
Member since Apr 2018
82 posts
Posted on 4/20/18 at 6:00 pm to
quote:

that once you give something to someone


Give? Was the marsh free? Wow, how did I miss that? I want my money back!
Posted by OverboredTgr
Member since Apr 2018
82 posts
Posted on 4/20/18 at 6:07 pm to
quote:

craft bills to better define navigability in our state and then craft bills to address accessibility by the public similar to other states.


The problem is not the definition. The problem is the lack of acceptance of the definition. So now we change the definition to fit the needs of one particular group? We should also be counties instead of parishes too.
Posted by rsoudelier1
Houma
Member since Sep 2017
59 posts
Posted on 4/20/18 at 6:30 pm to
Exactly we want the law to be changed and the definition of navigability to be inline with the rest of the nation. In case you missed it organizations such as BASS refuse to hold their tournaments here anymore specifically for this reason. Or maybe Louisiana is right and the rest of the states wrong.
Posted by jimbeam
University of LSU
Member since Oct 2011
75703 posts
Posted on 4/20/18 at 6:50 pm to
Not a very good argument the definition of a county and parish is the same thing
Posted by HotKoolaid
Member since Oct 2017
444 posts
Posted on 4/20/18 at 7:27 pm to
quote:

Part of the problem is the proponents of free public access refuse to accept that fact. The proponents take the approach, "if we can't access it, what good is it" .. check out Paradise La Episode 808 for that one.


Just sat through that Paradise La episode. It's so frustrating to watch. It's a workable situation for the people are willing to put in the effort. I doubt I am the only one here with permission to fish ponds they don't own or lease.

I still think an organization that pushed for access via leases and buying land could get traction. Look at what the TRCP has been able to accomplish with this model. It's feasible to buy land and donate it for public access. It's even more feasible to lease land for access. You could take it a step further and open up areas for access and turn it back over to the hunters during the duck season. I would be more willing to put my money towards that kind of solution than I would be towards a bill like 391.
Posted by OverboredTgr
Member since Apr 2018
82 posts
Posted on 4/20/18 at 7:50 pm to
quote:

Exactly we want the law to be changed and the definition of navigability to be inline with the rest of the nation


Well if you put it that way ....
Posted by The Torch
DFW The Dub
Member since Aug 2014
19464 posts
Posted on 4/21/18 at 10:00 am to
Facebook post from Toledo Bend this morning:

This is Derik Brown of Silsby. Says he dont like people fishing in the canal that he dug. I said I understood but he used my water to fill his canal and I felt it was OK to fish in my water. Finlly he said just dont fish in the mornings because he likes walk out in his yard in his skivies in the morning. So I was in agreement that I would not fish in his canal with my water in the mornings. Location 31°22'51.8"N 93°42'18.3"W near new water works intake Lowes Creek.
Posted by DownshiftAndFloorIt
Here
Member since Jan 2011
66763 posts
Posted on 4/21/18 at 10:07 am to
What an idiot. That's the face of the people pushing for "fish wherever you want" legislation. Now people will purposely be tearing his shite up because he doesn't want people in it.
Posted by OverboredTgr
Member since Apr 2018
82 posts
Posted on 4/25/18 at 3:18 pm to
LINK



Al Gore is about to be the face. Climate change is the whole problem
Posted by pointdog33
Member since Jan 2012
2765 posts
Posted on 4/26/18 at 10:38 am to
Interesting FB post on access issue.

Cliffs:

Guy is a landowner and pays for launch access from Delacroix Corp.

Went Nutria hunting on his property and noticed a chopper flying low.

Went to investigate in case of boater in need.

Gets busted for being on Delacroix land and having nutria tails while being on Delacroix land.



Since i didnt get to tell my side of the story here it is, all laid out, clear as i can put it. If you're reading this and you're a commercial fisherman, a duck hunter, a sport fisherman, a boat owner, be it a motorboat or even a kayak, or a land owner other than a huge corporate one, you should be outraged that HB391 didn't pass. Now these big money "land owners" such a the Delacroix corp will run rampant with this ridiculousness and flex their muscle twice as hard on anyone who crosses these imaginary "WATER" boundaries because they know they can, we have no one on our side, our elected officials have let us down and for sport fisherman your beloved CCA turned a blind eye to inshore anglers and sided with big corperate money all the while, continuing to take your money & pimped you out like whores as well !!

SMALL TIME PRIVATE LAND OWNERS BEWARE, how will you get to your land....... a parachute, you gonna drop in from the sky? You no doubt have to cross a boundery line through ANY BODY OF WATER YOU TAKE TO GO ANYWHERE YOU WANT! You can't even get to your own property without crossing another. These corporations and big land owners have to cross some of yours to get to theirs as well, the difference is we're small time and they have the money to fight !

As for Delacroix corp, i really think you have a serious ethics issue when you charge me and my father both 25$ a year to possess a key to your launch and facilities, yet..... press trespassing charges on me for crossing what you consider "YOUR WATER" on an assumption that I was hunting your property !
Water that is deep enough for craptraps to be placed in because they were there when they stoped me, and this wasn't a duck pond were taking about here , it's damn near a small lake.

NOT even 1 " NO TRESPASSING" sign was visible on this WATER, and you can go in and out of this
" W A T E R" as it's NOT A DEAD END CANAL! They have footage of me DRIVING MY BOAT, footage from a helicopter that was following me, this footage DOES NOT include me on LAND.... NOR DOES IT INCLUDE me or the passengers on my boat shooting 1 nutria, in "THEIR WATER"....... WE DID NOT ! This was an assumption made by them because when they stopped me I was in possession of nutria tails and guns, which btw they DID NOT confiscate. It was the second to last day of duck season in January when this happened.

The footage or photos taken from this helicopter WILL however show 3 of my passengers "HOLDING" their guns as I do not have gun storage, holsters or dty boxes built onto my boat. 3 guns of which "DID NOT EVEN BELONG TO ME". There is video and photos of approx 35 NUTRIA TAILS that were cut from the animals earlier in the day during a hunt that took place on MY PERSONAL PROPERTY.
We were headed back home after the hunt as it was getting late and the winds picked up pretty bad, as we were riding in a bayou, my friend which is a 1st responder noticed a helicopter. It was so low that it was creating mist off of the water, roughly 1/4 a mile away. We actually turned and headed straight toward the helicopter thinking that another boater, hunter or fisherman was in trouble and could use our help. As we got closer to the helicopter, someone in it noticed us, they came head on with us and hovered over my boat filming and taking photos so low it was spraying water on us. A man on the passenger side ordered me to shut my boat off, which I did and approximately 10 minutes later an officer in another airboat came and wrote everyone a trespassing ticket because they assumed we were hunting there. I explained to him that we weren't hunting there, and that we were in the deep water and just headed home. He explained to me that
"this is private waters" and the "no trespass signs" were in "oak river " which was not even close to where I came in from. There was no way to know because I was following a fisherman's crabtraps through a bayou and then into what was basically a lake, no where near the land where these signs were supposedly posted, they were 300 yards away in another waterway from measurements taken on Google earth !

2 days later an officer from louisiana department of wildlife and fisheries came to my house. He asked me why I was hunting on another person's property for profit. I informed him that I wasn't, we were simply driving through, going home when we thought someone was in trouble and that there was video footage that proved we were not shooting any animals or driving over Delacroix corp land. He said that he would check into that, and that he would be back to issue me a citation and confiscate 35 tails from my freezers..... evidently, he found my story to be true because to this day he has not returned. So, all in all, by believing that a person was in trouble and coming to help them with 3 passengers all of which are 1st responders and my 12 year old son, I now have to pay

300$ restitution

150$ cost of court

And 1 year inactive probation for...... get this,

CRIMINAL TRESSPASSING because guns were in the boat, BTW, none of which belonged to me ! That's the same charge as if I was in someone's yard with a gun l at their house! Like I'm a dam criminal digging in someone's yard with a gun ! WTF!

Listen, in the past I have done some dumb shite, shining nutria, undersized fish when I was 15, not enough life jackets in the boat , inproper tagging of a deer because Bub killed a buck and I tagged it with my tag, yes a 10 year old in Louisiana needs his own tags although not a license " we didn't know " but it's still not an excuse.

But i have never done drugs, I don't lie and I never did anything to hurt anyone. I'll also be the 1st one to admit when I screw up, take my licking and ask for forgiveness, and suffer the consequences that I rightly deserve, I'm not perfect, but this time, it's 100 percent total bullshite. We did nothing wrong unless you consider driving in your boat, in the water n going home...... wrong ! At least my friends got out of this mess.
At least once a week I get a phone Call, someone needs to be rescued....someone is stuck...... We need an airboat..... I know a guy he will pay you whatever you want to go get him...... EVERY TIME and it dont matter what time it is you can ask many , me and Bub saddle up the airboat & Superman save the day.......FREE OF CHARGE, but from now on, if I don't know the person that is stuck, I'm sorry, I'm not coming out. I can't risk getting in trouble for trespassing to save people I don't know..... which is a shitty thing to have to do because that's just not me.

For the forseeable future I'll have this Delacroix corp launch key burning a hole in my pocket, its ready to be returned to whoever I need to give it to whenever and wherever I see them. I won't be needing it anymore, we will keep our money, I launch for free at the island anyway !

Update! Here's a photo of me getting booked for anyone who thinks im full of shite about how much water I was in ! If you think that's a lot of water in the back ground you should have seen the 1000 yard lake in front the boat ! This wasn't a duck pond !
Posted by JAB528
The Mexican Ocean
Member since Jun 2012
16870 posts
Posted on 4/26/18 at 1:39 pm to
Pretty simple. Don’t trespass,
Posted by wickowick
Head of Island
Member since Dec 2006
45828 posts
Posted on 4/26/18 at 1:46 pm to
That reads like a facebook story...
Posted by Redfish2010
Member since Jul 2007
15169 posts
Posted on 4/26/18 at 1:48 pm to
I’d like to see the photo. And hear the information you left out
Posted by xenon16
Metry Brah
Member since Sep 2008
3532 posts
Posted on 4/26/18 at 1:49 pm to
quote:

Interesting FB post on access issue.


Link! The comments should be glorious
Posted by pointdog33
Member since Jan 2012
2765 posts
Posted on 4/26/18 at 2:11 pm to
Facebook Link

I don't know the guy, but he made it a public post to share.
Posted by Scrowe
Louisiana
Member since Mar 2010
2926 posts
Posted on 4/26/18 at 2:49 pm to
quote:

Don’t trespass


And realize that you're responsible for knowing boundaries. Complaining that there were no signs up for no trespassing doesn't absolve you from trespassing.
Posted by wickowick
Head of Island
Member since Dec 2006
45828 posts
Posted on 4/26/18 at 2:51 pm to
quote:

And realize that you're responsible for knowing boundaries. Complaining that there were no signs up for no trespassing doesn't absolve you from trespassing.


If he owns land down there, he knows what land belongs to whom. If he was hunting on his own land, why didn't he offer to bring the deputies to the location of the dead nutria on his property?
Posted by Motorboat
At the camp
Member since Oct 2007
22724 posts
Posted on 4/26/18 at 2:53 pm to
Exactly. If his story was true, he could have easily fought it in court in the same amount of time it took him to post his incoherent FB rumblings.

Dude may be a nice guy, but he is an attention martyr.
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