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re: Gating canals in houma area

Posted on 1/29/16 at 9:28 am to
Posted by deaconjones35
Thibodaux
Member since Sep 2009
9801 posts
Posted on 1/29/16 at 9:28 am to
I applaud the effort on both sides. It has made me question my contribution to society, though. But, if any OB'er needs live crickets, I can come through.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
81608 posts
Posted on 1/29/16 at 9:28 am to
Posted by Dock Holiday
Member since Sep 2015
1634 posts
Posted on 1/29/16 at 10:16 am to
quote:

But, if any OB'er needs live crickets, I can come through.


Posted by Etyger
Baton Rouge
Member since Oct 2007
507 posts
Posted on 1/29/16 at 12:34 pm to
Someone was pissed about Troy Landry's gate. LINK
Posted by Barf
EBR
Member since Feb 2015
3727 posts
Posted on 1/29/16 at 12:38 pm to
frick that guy
Posted by Manatee
Mandeville
Member since Oct 2011
414 posts
Posted on 1/29/16 at 3:36 pm to
Its possible because when LA became a state that was just some land that someone owned. At some time later they allowed a company (usually oil) to dredge a canal. The water bottom of that canal is still their property. For years there were fish and duck galore and nobody cared then hunting leases became VALUABLE but the hunters started getting interrupted so the landowner/water bottom owner put a gate up. It is really like any land, in the good old days we hunted anywhere we just pulled over and hopped the fence if there was one. Now you are trespassing.
Posted by cajunboatman
BR
Member since Dec 2012
162 posts
Posted on 2/2/16 at 7:09 pm to
Just read an interesting article on Louisiana Sportsman regarding this.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
81608 posts
Posted on 2/2/16 at 7:51 pm to
Yeah, and they didn't credit me.
Posted by Barf
EBR
Member since Feb 2015
3727 posts
Posted on 2/2/16 at 8:00 pm to
I only saw two misspelled words. That's stellar work for the sportsman.

quote:

Facebook exploded in January with rumors that Orange Grove — one of the canal complexes in the Bayou Black area — was being shut off.

Some claimed buddies had received tresspass tickets. Others claimed gates and piles were being placed at Orange Grove’s mouth.

But Prairieville’s David Cavell made a trip to Bayou Black and reported on Facebook that, as of Jan. 29, no such work had begun.

Hoewever, reports that anglers were being told to leave the area continued.

And then word got out that Swamp People’s Troy Landry had gated off Curtis Breaux Canal on the western bank of Lake Verret. Bass anglers went nuts.

Louisiana Sportsman collected photos of the gate, and ownership was confirmed when a Baton Rouge news outlet published a story about Landry offering a reward for information leading to those who damaged the gate.

Most of the discussion about these issues has occurred on the Louisiana Sportsmen United Facebook group, which has more than 1,900 members. Many of those members railed against the blocking off of waters traditionally open to public fishing, while some pointed out that Louisiana state law allows private landowners control of all man-made canals not on public land.

Baton Rouge's Sean Robbins said he was kicked out of Antille Canal just to the east of Orange Grove last year, so he understands the frutstrations.

“They told me I needed to get out …,” Robbins said. “He told me at that time, ‘This canal is private all the way to the Intracoastal.’”

Robbins is among the anglers looking to protect the right to fish in canals, but it would seem they face an uphill battle because state law falls solidly on landowners’ side of the argument.

That's because the state Legislature ceded ownership of much of the state’s tidal waters after the U.S. Supreme Court in 1988 ruled in Phillips Petroleum vs. Mississippi that the Magnolia State owned all flowing waters.

Louisiana landowners howled, and legislators essentially gave up any claims to all but those waters shown on maps when the state joined the Union.

Here’s what Act 998, passed in 1992, says:

“Any act by which the state has transferred or hereafter transfers ownership of immovable property which, at the time of the transfer, encompasses inland non-navigable water beds or bottoms within the boundaries of the property transferred, is presumed to convey to the transferee the ownership of the inland non-navigable water bottoms, unless title thereto has been expressly reserved by the state of Louisiana in the act. Nothing contained in this Part shall be construed as conveying to any person title to any lands that have not previously been conveyed or transferred by the state.“

Many anglers look at the navigability test defined in this statute and point out that the canals in question are clearly navigable, but the state does not include man-made canals as part of its waters. Click here to learn what the state claims as public — and discover just how much water is controlled by private landowners.

Robbins said the Lake Verret Bass Club of which he is a member decided something needed to be done because the incidents of being run out of canals was growing.

“That started talk within the club,” he said. “Is it the taxpayers’ fish or the private landowners’ fish?”

So Robbins is working to create an organization to push for legislative action. While that organization has yet to come together, an online petition has been created to build consensus.

All the while, Facebook users have cried foul over landowners' actions.

But Robbins and Bassmaster Elite Series pro Cliff Crochet, who hails from Pierre Part and cut his teeth fishing many areas in which anglers are either blocked or are being told to leave, agreed that anglers should resist the urge to lash out at landowners.

“There’s a better way to do this,” Robbins said. “If you want to try to do this right, you have to organize and get some legislative reform.”

Crochet agreed, and said he doesn’t hold a grudge against landowners even though he is disappointed areas like Curtis Breaux Canal have been shut off.

“I’m not mad at the landowners: They’re just doing what the law allows them to do,” he said. “You cannot attack people personally. It don’t pay to cuss people because it’s just going to make them mad.

“All it does is make it a hostile environment.”

He said the real problem stems from Legislature, which gave up any claims to the waters connected to bayous and lakes.

“We’re disappointed in the state government,” Crochet said.

Robbins urged anglers to join the Facebook group so they can stay abreast of the situation, including how they can bring pressure to bear on state politicians.

“You have to show there are numbers and numbers and gobs and gobs of recreational anglers who want access to these canals,” he said. “You can make a case that this is going to have a big economic impact on the state.”

Crochet agreed, pointing out that anglers will stop buying boats and outboards if they don’t feel like they have access to productive fishing waters.

“A guy sitting at home is going to say, ‘Why should I get a license and buy a boat if I can’t fish?'" the touring pro said.

While Robbins is working toward building a list of anglers committed to fighting for legislative reform and garner attention from national fishing organizations, he urged anglers to be patient and act responsibly when on the water — and understand that getting cooperation from landowners will be important.

“I’m trying to convince people there is a middle ground,” he said. “There’s going to be compromise on both sides.”
Posted by Elusiveporpi
Below I-10
Member since Feb 2011
2574 posts
Posted on 2/2/16 at 9:16 pm to
So if the private land owners can gate "their" canal. Can the state Sue the land owner for having a canal that destructs public land/water via speeding up erosion or salt water intrusion? The current land owner may not have dug it, but they bought the problem.
Posted by Barf
EBR
Member since Feb 2015
3727 posts
Posted on 2/2/16 at 9:41 pm to
quote:

Can the state Sue the land owner for having a canal that destructs public land/water via speeding up erosion or salt water intrusion?


Yes, but the state wouldn't dare bite the hand that feeds.
Posted by cajunboatman
BR
Member since Dec 2012
162 posts
Posted on 2/3/16 at 7:38 pm to
What kind of " Sportsman's Paradise " will we have if all recreational and all commercial fisherman were bound to limited waterways?
Private landowners is the term everyone is using but fisherman catch their catch from the water and never get out of their boat on land expect at the landing.
Am sure not too many fisherman who fish off the bank are involved in any of this.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
81608 posts
Posted on 2/3/16 at 8:56 pm to
Posted by Wilson
Metairie
Member since Jul 2011
240 posts
Posted on 2/5/16 at 5:49 pm to
It was land at one time.
Posted by joebuck
Member since Sep 2015
272 posts
Posted on 2/5/16 at 6:22 pm to
Glad I was able to bring this to everyone's attention.
Posted by QuietTiger
New Orleans
Member since Dec 2003
26256 posts
Posted on 2/5/16 at 6:27 pm to
Was actually going to test a few channels/canals last Monday for "obstructions", but the fog was so bad I was lucky to find the water.
Posted by Wacker
South Louisiana
Member since Jul 2014
306 posts
Posted on 2/5/16 at 6:50 pm to
In every state BUT Louisiana if you build a private canal and tie the canal into a public body of water your canal would then become public.... I had a buddy who wanted to dig his own pond.. I told him in Louisiana just lease or buy an area that has a canal you can gate.

Troy Landry has more fish in Curtis Breaux canal than 99% of private ponds.. He didn't even have to stock the canal, all he had to do is put up a gate... This goes out to all gated canals
Posted by tigerinthebueche
Member since Oct 2010
36791 posts
Posted on 2/5/16 at 7:21 pm to
Well this thread has gone on far longer than I thought.
Posted by cajunboatman
BR
Member since Dec 2012
162 posts
Posted on 2/5/16 at 7:29 pm to
I believe it's far from over.
This subject seems to be the topic of discussion in a lot of places I've been lately. The word is spreading and way more people ( taxpayers ) are unhappy than happy about this.
Posted by Scrowe
Louisiana
Member since Mar 2010
2926 posts
Posted on 2/5/16 at 7:31 pm to
quote:

In every state BUT Louisiana if you build a private canal and tie the canal into a public body of water your canal would then become public.


Would you be ok with a road from a public highway on your property being public? Same concept.

It isn't like the fish are trapped there. The fish that hatch can and many will leave the canal. People act as if it is impeding nature but it isn't.

quote:

Troy Landry has more fish in Curtis Breaux canal than 99% of private ponds.


The fish are still free range, you make it sound like he high fenced some deer but that's not what happened here.
This post was edited on 2/5/16 at 8:37 pm
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