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

Posted on 4/12/18 at 2:35 pm to
Posted by Thib-a-doe Tiger
Member since Nov 2012
36758 posts
Posted on 4/12/18 at 2:35 pm to
Well, there’s people gating off 100 ft wide bayous and shite, so that would seem like a logical extension
Posted by tigerinthebueche
Member since Oct 2010
38038 posts
Posted on 4/12/18 at 2:47 pm to
I wonder what the Harry Bourg Corp is gonna do with Bayou Labut? Kind of ruins his day, no?

What about the ever popular Benny Cenac? Does he have any waterways he's claiming as private?
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
87385 posts
Posted on 4/12/18 at 2:49 pm to
quote:

But it is. In one scenario you have deer, hunter, landowner


In another, you have fish, fisherman, land owner, state owned navigable waterways



WMA, border, hunter, private landowner, deer feets.
Posted by Thib-a-doe Tiger
Member since Nov 2012
36758 posts
Posted on 4/12/18 at 2:49 pm to
quote:

What about the ever popular Benny Cenac? Does he have any waterways he's claiming as private?



Ol T-Roy Landry too
Posted by Thib-a-doe Tiger
Member since Nov 2012
36758 posts
Posted on 4/12/18 at 2:51 pm to
quote:

WMA, border, hunter, private landowner, deer feets.



Does that private landowner provide protection for the state owned deer using a fence?
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
87385 posts
Posted on 4/12/18 at 2:55 pm to
quote:

Does that private landowner provide protection for the state owned deer using a fence?
I do not understand the question.
Posted by Thib-a-doe Tiger
Member since Nov 2012
36758 posts
Posted on 4/12/18 at 2:57 pm to
quote:

I do not understand the question.




When someone fences off their property, isn’t it illegal for them to keep state owned deer there?


ETA: yes I know in most instances the fish are not captive
This post was edited on 4/12/18 at 2:58 pm
Posted by byutgr
Thibodaux
Member since Apr 2005
468 posts
Posted on 4/12/18 at 2:59 pm to
I am not going to touch that, as there have been numerous treatises written on that subject by legal scholars a lot smarter than I. As a Cajun friend once said "now you have opened up Pandora's box of worms." All I will say about that is this, since it is the Gulf of Mexico, a whole different set of rules apply. Alex, care to take a shot at that question?

Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
87385 posts
Posted on 4/12/18 at 3:04 pm to
quote:

When someone fences off their property, isn’t it illegal for them to keep state owned deer there?
I think so-not sure.

quote:

yes I know in most instances the fish are not captive

There you have it.

And if no fence, then those resources come and go. When they leave the WMA, they are no longer fair game to us.
Posted by Thib-a-doe Tiger
Member since Nov 2012
36758 posts
Posted on 4/12/18 at 3:05 pm to
They are restricting access to a state owned resource swimming in a state owned resource that borders/crosses their property. The principles are the same even if the mechanics are not
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
87385 posts
Posted on 4/12/18 at 3:06 pm to
quote:

Alex, care to take a shot at that question?
No, but I suspect that:

quote:

since it is the Gulf of Mexico, a whole different set of rules apply.


I've stated this many times-seashore should be treated differently than a marsh canal. The problem is drawing a line.
Posted by bayoudude
Member since Dec 2007
25907 posts
Posted on 4/12/18 at 3:16 pm to
The fish are free to swim out into public waters just as a deer is free to jump a barbed wire fence...

Posted by Thib-a-doe Tiger
Member since Nov 2012
36758 posts
Posted on 4/12/18 at 3:18 pm to
quote:

The fish are free to swim out into public waters



This is the point that is being missed. What makes it private waters?
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
87385 posts
Posted on 4/12/18 at 3:19 pm to
quote:

What makes it private waters?

It wasn't navigable in 1812, so it did not vest with the State.
Posted by Thib-a-doe Tiger
Member since Nov 2012
36758 posts
Posted on 4/12/18 at 3:23 pm to
quote:

t wasn't navigable in 1812, so it did not vest with the State.




Yes I know that. There are bayous, cuts, etc that have been around since before then that are now blocked off. That’s what people are pissed about
Posted by bayoudude
Member since Dec 2007
25907 posts
Posted on 4/12/18 at 3:27 pm to
Nah people are pissed they can’t fish all the marsh they want. Anywhere there is a blade of grass sticking out of the water somebody owns it and is paying property tax.

We own over 100 acres of marsh in chauvin on paper but realistically there is maybe 20 acres of actual land if you surveyed every clumpy island. With the exception of a few places most people care less about other people fishing during the summer. The shite hits the fan when duck season comes around then everyone wants to claim ownership so they can put up a blind
This post was edited on 4/12/18 at 3:29 pm
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
87385 posts
Posted on 4/12/18 at 3:38 pm to
quote:

Yes I know that. There are bayous, cuts, etc that have been around since before then that are now blocked off. That’s what people are pissed about


There's no need to change the law then. If that's the case, they can win any suit for access.
Posted by DownshiftAndFloorIt
Here
Member since Jan 2011
72082 posts
Posted on 4/12/18 at 4:41 pm to
That's hardly the case but if it was there'd be no need to change the law. Those waterways are unlawfully gated under current law and the socialist are beating the wrong drum.

Eta: shite Alx did we just become best friends?
This post was edited on 4/12/18 at 4:43 pm
Posted by TigerDat
Member since Aug 2010
8172 posts
Posted on 4/12/18 at 4:47 pm to
quote:

What about the ever popular Benny Cenac? Does he have any waterways he's claiming as private?



Well yes, yes he does, but if I read this bill correctly, it will do nothing to make him open those.

His gates have been up prior to March 18, or am i missing an amendment to that or reading it wrong?
Posted by deaconjones35
Thibodaux
Member since Sep 2009
9897 posts
Posted on 4/12/18 at 9:13 pm to
quote:

Eta: shite Alx did we just become best friends?


Let’s not get ahead of ourselves here. That would turn the OB into Bizzaro World.
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