Trespassing Or Not?

[ozark trout fisher]

On a truly navigable stream, I think you are right. On a river like the Current, I think it's public water regardless of who owns the land around it. Blue Springs Creek on the other hand, is not navigable even though water flows through it year round.

My point is that we landowners are not just mean people that are out to ruin a fisherman's day. We are people that will almost always allow a person to access our land if they ask. We will also defend our property from those disrespectful trespassers and if we don't know you, we can't differentiate. There's also a reason we come armed. I read a lot of posts condemning the landowners and I don't think they were fair. Again, I don't know that we've ever told a person they couldn't play in the creek, but we've kicked a lot more out for not asking. The bottom line is courtesy and respect. If you don't respect me enough to ask my permission, how do I know you'll respect my property?

If the stream is clearly unnavigable, then I would certainly ask permission before fishing. I respect private property. However, if the stream appears navigable, then I don't believe the landowner owns the streambed, so permission doesn't seem necessary. Once again, I may or may not be incorrect by the letter of the law, but I am not hurting anything and will continue to fish the streams that are "gray zones". I will also continue to be respectful of the landowners who own the land around the stream. I understand that those who own property adjacent to a stream deserve special consideration. I am especially careful to release fish unharmed in such places, and to pick up any trash that less responsible fisherman have left behind. I will stay below the high water line,and restrict my fishing to those streams that I could get a canoe down a large portion of the year. I will go about it quietly, and I will not disturb the landowner's peace in any way. In short, I'm not hurting anything and I think I can fairly expect to be left alone.

[Randall]

Just keep in mind that if the landowner doesn't know you there is no way to know that you are respectful. As a rule, most landowners will kick a trespasser out, no matter how benign, for the reason that they didn't ask permission.

[ozark trout fisher]

Just keep in mind that if the landowner doesn't know you there is no way to know that you are respectful. As a rule, most landowners will kick a trespasser out, no matter how benign, for the reason that they didn't ask permission.

But if I stay below the high water mark on a navigable stream, I don't believe I'm trespassing, and I don't think a landowner has any right to kick me off. I'm not on his land.

I refuse to ask permission to fish water that is/should be in the public domain. I'd much rather risk a fine or get yelled at by an angry landowner than give up my rights.

[Smalliebigs]

Randall, I totally agree with you!!! man up and take the time to get permission.The landowner does own the stream bed and can be sued by someone who hurts themselves on your land even if you don't have permission to be there and are trespassing.Repect the rights to the land, if we don't know you are there we can't take the due couse of action tell you about any obstructions or dangers. Show some respect ask permission and you will have a fishing spot for life that you are not trespassing on.

[ozark trout fisher]

Randall, I totally agree with you!!! man up and take the time to get permission.The landowner does own the stream bed and can be sued by someone who hurts themselves on your land even if you don't have permission to be there and are trespassing.Repect the rights to the land, if we don't know you are there we can't take the due couse of action tell you about any obstructions or dangers. Show some respect ask permission and you will have a fishing spot for life that you are not trespassing on.

At this point I will agree to disagree. I've made my point as well as I can make it.

Suffice it to say I will never give up my right to use navigable waterways. I respect the right to your land, but you can't own a navigable stream.

[Smalliebigs]

Ozark, I agree with you to thats my problem...if someone as courteous and as kind sounding as you seem to be was wading a creek that ran thru my land I would probally just sit there and bullshit about flies with you for a bit and watch you practice your craft. I always try to talk to someone it helps and you might just get another fishing spot out of it, I did, the guy I talked to once about permission also had land on the Little Piney and gave me exclusive acess to his land down there with the combo to his gate.Yet, I know what your saying about your rights to fish navigable streams I totally understand....hell I am a walking, breathing oxymoron. I am a landowner who has land on a stream who thinks you should ask permission yet, I wade fish all the time and alot of those fishing expiditions I don't get permission so don't listen to me!!!!!!!!!!!!!!

[ozark trout fisher]

Ozark, I agree with you to thats my problem...if someone as courteous and as kind sounding as you seem to be was wading a creek that ran thru my land I would probally just sit there and bullshit about flies with you for a bit and watch you practice your craft. I always try to talk to someone it helps and you might just get another fishing spot out of it, I did, the guy I talked to once about permission also had land on the Little Piney and gave me exclusive acess to his land down there with the combo to his gate.Yet, I know what your saying about your rights to fish navigable streams I totally understand....hell I am a walking, breathing oxymoron. I am a landowner who has land on a stream who thinks you should ask permission yet, I wade fish all the time and alot of those fishing expiditions I don't get permission so don't listen to me!!!!!!!!!!!!!!

I got ya. I totally respect your opinion.

[Chief Grey Bear]

Suffice it to say I will never give up my right to use navigable waterways. I respect the right to your land, but you can't own a navigable stream.

I agree and stand with you 100%. But don't you find it a bit ironic that in a post earlier this year you said we shouldn't have the right to harvest smallmouth.

[redbud]

Deliverance was in Georgia.

Ozark trout fisher.Go to the bank and get a loan and buy some land on a stream and you will soon find out what the other landowners are speaking of.If you are on my section of the creek without permission you will be asked to leave .If you dont you can be sure that your fishing experience will not be an enjoyable one.Landowners want people to respect their property and asking permission is the best way to demonstrate the respect you will show.As I have said before I have meet several good people that have knocked on my door(two of my best employees)I have run off many smart asses who think they know everything.Which one are you?

[Flyflinger]

Ozark, I agree with you to thats my problem...if someone as courteous and as kind sounding as you seem to be was wading a creek that ran thru my land I would probally just sit there and bullshit about flies with you for a bit and watch you practice your craft. I always try to talk to someone it helps and you might just get another fishing spot out of it, I did, the guy I talked to once about permission also had land on the Little Piney and gave me exclusive acess to his land down there with the combo to his gate.Yet, I know what your saying about your rights to fish navigable streams I totally understand....hell I am a walking, breathing oxymoron. I am a landowner who has land on a stream who thinks you should ask permission yet, I wade fish all the time and alot of those fishing expiditions I don't get permission so don't listen to me!!!!!!!!!!!!!!

I think the hardest part of all this is finding the land owner. How does one do this? Is there a registry somewhere? I know of several stream where there is no clear house to visit and ask.....

As for me, I agree with Ozarks to this extent:

I know what type of sportsman I am, respectful and most likely the land owner would never even know I am there. Yet...I always ask permisson. That way everyone is happy, plus you meet some nice folks and gain a friend.