Chief Grey Bear

That was my thought too. I am fixing to do some research and see what I can find. At every spot where these were, there were a minimum of 4-5 of these. All in very close proximity. When I first saw them from a far, I thought it was where some birds had roosted.

A little more research turned up this little tidbit. Read it for what it is worth. http://74.125.47.132/search?q=cache:Zdwtwn...us&ie=UTF-8 TRESPASSThe sportsman’s nemesis.Private landowners have the right to prosecute trespassers, but they must sign a complaint. Conservation agents cannot simply arrest someone for trespassing.By Tim D. RippergerAssistant Regional SupervisorClintonRESPASS is one of the worst blemishes on the sportsman’s image. What is trespass? Doesproperty have to be fenced or posted? What can be done to alleviate the problems? All good questions. Here are the answers.What is trespass?The most basic form of trespass simply is “when someone physically enters upon another’s property.” Under the 1979 Missouri Criminal Code, there are two possible trespass violations in Missouri.Trespass in the first degree (569.140):1. A person commits the crime of trespass in the first degree if he knowingly enters unlawfullyor knowingly remains unlawfully in a building or inhabitable structure or upon real property.2. The person does not commit the crime of trespass in the first degree by entering or remainingupon real property unless the real property is fenced or otherwise enclosed in a mannerdesigned to exclude intruders or as to which notice against trespass is given by:1) Actual communication to the actor; or2) Posting in a manner reasonably likely to come to the attention of intruders.A person must knowingly enter another’s property to be guilty of first-degree trespass. Knowinglymeans “intentionally” in legal terms. To be guilty of first-degree trespass, a person must knowinglyenter the property, the property must be fenced or enclosed, or the property must be posted at frequentintervals. Trespass in the first degree is a class B misdemeanor; the penalty is a maximum of six months in the county jail and a $500 fine.Trespass in the second degree (569.150):1. A person commits the offense of trespass in the second degree if he enters unlawfully upon real property of another. This is an offense of absolute liability.If you unlawfully enter on anyone else’s property, you could be guilty of second-degree trespass. Trespass in the second degree is an infraction. It’s punishable by a maximum $200 fine. Since it is a law of “absolute liability,” land does not have to be posted or fenced. One doesn’t even have to be aware that he is on someone else’s property. Trespass in the second degree becomes trespass in the first degree when a property-owner asks the trespasser to leave the property and the trespasser refuses to do so.What is the “open field” doctrine?T -------------------------------------------------------------------------------- Page 8 Safety & Trespass 1/09Introductory Level Notebook 8Law-enforcement officers may enter private lands such as fields and woods while performingcertain public duties-which include enforcing fish, game and forestry laws-without being guilty oftrespass.The recent U.S. Supreme Court case of Oliver v. U.S., 4/17/84, reaffirmed and strengthened Hester v. U.S., 265 U.S. 57(1924), which says it is proper for police officers to enter and search open fields without a warrant or probable cause.What about fishing Missouri’s rivers and streams?Public use of Missouri’s float streams often causes conflict with private landowners. Public access to Missouri’s streams has been controlled since 1954 by Elder v. Delcour, a case decided bythe Missouri Supreme Court. Navigable rivers and streams are open to all legal use by the public andfall under the control and jurisdiction of the federal government. Case law defines a navigable riveras “one that as a matter of fact is susceptible of being used in its ordinary condition, as a highway forcommerce over which trade and travel are or may be conducted in customary fashion.” (Sneed v. Weber, 307 S. W.2d68, and Elder v. Delcour, 269 S. W.2d17).In the Elder v. Delcour case, the Missouri Supreme Court concluded that a public fishing rightexists upon Missouri’s small, floatable streams. The court ruled that since the ownership of the fishin the stream is vested in the public, the public has a right to fish and to take fish from the streams in a legal manner. The court ruling held that persons floating or wading in the upper Meramec River, following legal entry into that stream, were not trespassing.The Elder case has been accepted as precedent throughout the state and represents the controllingauthority concerning public use of Missouri rivers and streams. Continued lawful and ethical use ofMissouri’s waterways will help ensure that right for future Missourians.

Yeah I know. I am beginning to think I taught him too well! I haven't. I am not sure if you can take out at at Hwy 26 south of Galena or not. I think you can though. If not, it is all the way to Empire Lake.

Lot's of good water in Jasper County. That is my old stomping grounds.

Sounds like a plan. I am thinking of heading to Jasper County.

He invited me to go but I declined. I am just not much into trout fishing this time of year. Nothing against anyone that does, I will probably wait until November before I start stalking them. But even that is not to say that I wouldn't be inclined to toss a jig to a brown trout at some point and time this summer. Gee, that kinda rambled like a speech I heard the other day from a quitter.

Thanks for the kind words wader. Dylan really had a great time showing the ol' man how it was done. It was great to nose him into the rootwads and watch him jig that around. Most times I think they were hitting on the way down. It was flou. orange with a minnow/curley tail. I am not sure that just about any jig wouldn't have worked this day.

Dylan and I went floating on Shoal Creek yesterday. We started to go Saturday but got rained out. I thought it was gonna happen again Sunday but we went anyway. It misted on us for the first hour or so. Thankfully it never did rain. I told Dylan, it looked like it could snow any minute. It wasn't cold, it just looked that away. The fishing was pretty hot. Dylan and I both caught quite a number of brownies and largemouth. Then about half way into our trip, I spied a roadrunner that someone had got hung up in a tree. We went over and got it and Dylan put it on his rod. From then on he just smoked the goggle-eye. He caught in the neighborhood of 40. And all were filleting size.I have never seen anything like it. He just couldn't reel them in fast enough. All I had was bass jigs and YUM 2.5 inch crawdads. I would get a few hits but, nothing like he was doing. One of Dylan's Goggle-eyes. This thing is just a plain ol' pig. Dylan caught this bass while using my rod. I had hung up and handed him the rod while I paddled back to get it undone. One cast and "WHAM! Not a minute later hardly, the same senerio, I hang up, hand him the rod, get it unhung, and WHAM!, he does it to me again! On this float, this was the first time I saw this. These were everywhere along the float. On leaves, the bark, at one spot, on the high mud bank. They are some type of egg sack but I don't know from what. I know this not a very good pic but, it was hard to get a good pic.

What kind of "lease" rate are you getting on this big fish? Sounds like something I may want to get into! Great post though. I am gonna have to come that way and check out the swinging bridge. Not sure I would drive across it though.

Thanks for posting that Poke'Em. I was just talking with Buzz and KC about that very subject the other day. I told them that in all the research I had done on this subject, I had never read anything about a waterway having to be deemed by a court. I had never read that until it was posted here. I could not see a court spending the time or money going over every waterway in a state for this purpose. In all of the information I looked at regarding federal "rules of engagement", it all looked to me, to be if it had water and it had fish, you had right to be on that water way. There were 100's of cases and ruling to pour over. I guess in the end ya pay your money, ya take your chances.

Sounds like a great idea to me. I think we have a few more that may want to jump in if we do it close to this area.

Good eye wader. I didn't catch that. I have also for some reason developed a habit of typing "youi" instead of 'you'. I don't know why but, I do it every time. When Buzz caught it, I was not 100% sure what it was. I knew it was in the Darter family but would not comit to a name. Dylan is the one that said it was a Logperch. When we got home, I got the book out and confirmed he was right. Two years ago on the Indian, Dylan caught a Northern Studfish. Talk about a beautiful fish! I would like to have a couple of them in the aquarium!

Just thought I would post this incase someone may be interested. I don't know this person and have never spoke to him. Just found his listing and thought it was really nice work. I think you will agree. http://semo.craigslist.org/boa/1239505558.html This cat makes one fine looking craft.

I started to address the same issue Al. But I decided why bother. This is not Taxi's first post advocating gravel mining in the creeks. And that is just mining. There are many other land management practices that affect our waterways. Great post none the less.

Good to see you wader! Have you got that project done yet? Here is something sort of rare. Buzz caught this Longperch while fishing a Reble Craw. After he caught this, we got to looking and there were quite a few of these fellers all around. Here is Dylan admiring one of many fish of the day.

Nice pics there wader! Nice fish too! Glad to see you checking out some new water. Like you said, there is nothing like it. It is christmas around every corner.

Dylan, Buzz and I, decided to try some new water this weekend. We also had a very special guest, that made a second float with us, KCRiverRat. I was excited to hear that he wanted to float with us again. So we headed to the east early Sunday morning. I was very excited to try this float as I have fished some of the upper sections and liked it. So we meet KC at Jenkins and began our journey. We hit the water just before 9 and didn't finish until about 730. I have to admit I got a lesson from from everyone. Especially Dylan and Buzz. I couldn't hardly buy a bite. But Dylan and Buzz were just going to town. KC did a great job in catching all of the large bass. I did have one bite that as KC will attest to, literally jerked the rod out of my hand! I sure wish I would have made a connection with that fish! Anyway, I'll let KC and Buzz tell the story this week. Here are a couple of photo's for your viewing pleasure.

I don't know of of any streams rivers or creeks in Missouri that were not used by trappers for the fur trade. In fact many of them continued to be trapped well into the 80's before the prices tumbled. Trapping is commerce is it not?

http://bengal.missouri.edu/~matthewss/AgEc...watercourse.htm Print this case and take it to court with you. It should be all you need.

I would definitely take a copy of the court ruling that I posted to you. I printed it if off myself and it is only 10 pages. I think that may be the most important weapon in your arsenal. I would also take a copy of this picture. If like, I will go and get you a better picture and send it to you. Is Dally gonna be the judge?

That is a Softshell turtle. Looks like she is doing the same. Looks to be a very nice sized one at that.

Yeah I know it ain't Friday yet. Dylan, Buzz, Emanuel and I went for a wade trip last weekend. The fishing was on fire too. Everybody caught a ton of brownies. While wading, Dylan and I walked up on a female Common Snapping turtle laying her eggs. What a site. Of all of the years I have spent on the creeks and rivers, this is the first time I have witnessed this part of the process of the cycle of life for a turtle. As an added bonus, here is a pic of a nice brownie that I snapped.

Hey good guess there KC. We floated Pipeline to Mt. Malang. You couldn't tell by the two pics but, the fishing bombed this day. A total of 10 fish between all of us was all that was caught.

It has been a while since I have done this. Here a couple of foto's from last Sunday's expedition. This is a really nice brownie that Buzz caught. Dylan was extra proud of this bass as it was his first using a baitcasting reel on a custom Fenwick rod.

I was just talking to Buzz about this the other day on our weekly fishing trip. Those that did all that loud talking just a few weeks ago are sure quiet now.