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Fishing posted waters
Posted on 5/23/13 at 8:56 am
Posted on 5/23/13 at 8:56 am
It's getting to be that time where reds are in the duck ponds. What is the consensus/ legalities of fishing waters that can be reached by boat/yak that are posted? Technically, are they navigable waters that belong to the states public trust or am I wrong OB lawyers?
This post was edited on 5/23/13 at 8:58 am
10
Posted on 5/23/13 at 8:57 am to sloopy
Not sure why i posted that. Just thought it was funny as hell.
Hope that helps answer your question.
Posted on 5/23/13 at 9:00 am to sloopy
hard to outrun the possum cops with a yak 
Posted on 5/23/13 at 9:01 am to sloopy
You are not breaking the law or trespassing as long as you don't have to leave your boat, the only consequence is getting T-Craw Bonafuca's shotgun pointed at you like I have a couple times.
What was funny was he sweared that we had to open his gate to get in, we tried explaining to him that the water was high when we came in and we were able to come in a non-gated canal. He didn't want to believe us, but at the end of the day all those backwards fricks can do is shoot you. And most won't as long as you don't act hostile and leave once they spot you. Those dudes don't have much going on in their lives so they don't have a problem with shooting you, they really don't have shite to lose.
What was funny was he sweared that we had to open his gate to get in, we tried explaining to him that the water was high when we came in and we were able to come in a non-gated canal. He didn't want to believe us, but at the end of the day all those backwards fricks can do is shoot you. And most won't as long as you don't act hostile and leave once they spot you. Those dudes don't have much going on in their lives so they don't have a problem with shooting you, they really don't have shite to lose.
This post was edited on 5/23/13 at 9:03 am
Posted on 5/23/13 at 9:03 am to Ignignot
Where did that happen? I have been run off once in lafitte.
This post was edited on 5/23/13 at 9:06 am
Posted on 5/23/13 at 9:07 am to sloopy
quote:
Where did that happen? I have been run off once in lafitte.
Was it during hunting season?
If not, it's my belief those folks can go f themselves if you floated back there legally.
Posted on 5/23/13 at 9:08 am to sloopy
quote:
Technically, are they navigable waters that belong to the states public trust or am I wrong OB lawyers?
Here it's navigable waters under normal conditions I believe. Here is AR btw.
Posted on 5/23/13 at 9:08 am to sloopy
quote:No. This is a common misunderstanding. Navigable is only relevant if the waterway was that way in 1812. Private water is no different than private land. You are trespassing.
Technically, are they navigable waters that belong to the states public trust or am I wrong OB lawyers?
Posted on 5/23/13 at 9:09 am to sloopy
I wrote a paper on this back in college. Basically if the water ebbs and flows (tidal) it can't be private, but the land owners down there don't care what laws are. That leaves you with the option of fishing at your own risk.
Posted on 5/23/13 at 9:10 am to sloopy
If its not a WMA and you get off the main channel, you are trespassing. Some people don't enforce it until duck season. If you do it, just return the stuff to the way you found it. Guys come on our place and untie the lily booms, fish and leave them open. That's when the guys leasing get into gate building business
Posted on 5/23/13 at 9:14 am to sloopy
quote:
Where did that happen? I have been run off once in lafitte.
golden meadow
Posted on 5/23/13 at 9:16 am to Capt ST
quote:
If you do it, just return the stuff to the way you found it.
i get that part, if an area is gated i wont go in, but what alot of these cats don't realize is in a huge marsh area where their canal connects to huge ponds is that sometimes there are canals they don't know about, you can't fault a person for going down an ungated canal when they end up in "your pond"
Posted on 5/23/13 at 9:18 am to sloopy
Posted on 5/23/13 at 9:21 am to sloopy
quote:
Technically, are they navigable waters that belong to the states public trust or am I wrong OB lawyers?
If it is posted, you are likely on private land. Certainly this topic has been worn out. Navigable waters are not what they used to be. Now everyone will complain (with reason), but private land and water owners are winning as of now.
that said, you can take your chances and play dumb. If anything comes of it, it will probably just be a warning. The foregoing is not legal advice. YMMV
Posted on 5/23/13 at 9:24 am to TJG210
Never during hunting season.
Posted on 5/23/13 at 9:26 am to Ignignot
I put up a 3'x3' sign that said no trespassing do not enter and they'd roll right past it and say "what sign"? I could see it half a mile away. I catch the same ones back there time an again. They even switch boats, but I can ID them from other pics.
It's the beer bottles floating all over the place, bait bags and leaving the damn booms open that piss me off. Then they'll get stuck trying to push thru the lilies and come ask me to pull their sorry asses off.
It's the beer bottles floating all over the place, bait bags and leaving the damn booms open that piss me off. Then they'll get stuck trying to push thru the lilies and come ask me to pull their sorry asses off.
Posted on 5/23/13 at 9:27 am to Capt ST
LRS 9:1101. Ownership of waters and beds of bayous, rivers, streams, lagoons, lakes and bays. The waters of and in all bayous, rivers, streams, lagoons, lakes and bays, and the beds thereof, not under the direct ownership of any person on August 12, 1910, are declared to be the property of the state. There shall never be any charge assessed against any person for the use of the waters of the state for municipal, industrial, agricultural or domestic purposes.
Old article but relevant
Posted on 5/23/13 at 9:30 am to pointdog33
I'm kinda busy, but someone will be able to link a thread of this discussion that arises about once a month
Posted on 5/23/13 at 9:44 am to pointdog33
quote:
There shall never be any charge assessed against any person for the use of the waters of the state for municipal, industrial, agricultural or domestic purposes.
This, owners can get mad and ASK you to leave, some that have little going may even pull out a gun, but you will NEVER be issued a ticket or recieve a criminal charge for being in that water.
Posted on 5/23/13 at 9:46 am to Ignignot
I took a few coastal law classes. It's stupid. But as was said earlier. It goes by the 1812 navigable water ways.
If its not navigable then it's illegal
If its not navigable then it's illegal
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