Fisherman/floaters Legal Rights

[snagged in outlet 3]

I was trolling for some new areas to fish and saw this on MDC's website.

That's pretty clear, I don't see how an agent for the MDC wouldn't know this since it's on the MDC fishing page.

http://mdc.mo.gov/fishing/places-fish/tresspassing

Yes I signed the petition. Yes I would sign again after seeing the vid.

No I don't have a dog in this here hunt.

Carry on.

SIO3

[flytyer57]

I want it to be known, that I did not sign the petition to help Chief with any legal situations he might have been involved in. I signed because I want to make sure no other floaters are harrassed by the ignorance of the landowners and deputies that do not know how to do their jobs correctly.

[ColdWaterFshr]

Interesting link, Snagged, but it really doesn't make it crystal clear - if anything, by reading that over, it sounds like Prater was in the right and you had to have permission from Prater to be out on his banks and fishing. Has anyone spoke to the MDC agent that handles Shoal Creek? Could they not provide a written statement about what is considered trespass on that stretch of water?

[snagged in outlet 3]

I thought it was pretty clear. They got on the river from a public access right?

"Incidental activities related to fishing such as portaging around difficult water or obstructions, wading and other use of the banks immediately adjacent to the stream were also affirmed. In order for floaters to be in compliance with the law, they must gain access to the river by way of a public access or through the permission of a landowner."

In the vid the boys were clearly down in the river bed.

Snagged

[ColdWaterFshr]

I see what you are saying Snagged, but then how do you interpret this paragraph?

______________________

"Obviously floatable means the stream segments that have property maintained for the purpose of allowing public access to the stream, such as Missouri Department of Conservation access sites. Obtaining legal access does not eliminate your responsibility to respect private property while fishing or floating. The majority of Missouri’s stream frontage is privately owned. The establishment of a Special Black Bass Management Area does not automatically give an angler the right to trespass on privately owned stream frontage."

______________________

[Smalliebigs]

I thought it was pretty clear. They got on the river from a public access right?

"Incidental activities related to fishing such as portaging around difficult water or obstructions, wading and other use of the banks immediately adjacent to the stream were also affirmed. In order for floaters to be in compliance with the law, they must gain access to the river by way of a public access or through the permission of a landowner."

In the vid the boys were clearly down in the river bed.

Snagged

I totally agree with you on this one Pete but, it always seems like I agree with most of the stuff you say.I mostly like your funny stuff....which we need much more of on here

I keep having visions of this Prater tool telling Cricket and Jason to get their asses up in the woods boys, after Jason had just asked....well sir, what is that you require of us????

Then after Prater and the boys had their way with Cricket's and Jason's pretty mouths and tender anuses, Chief pulls up on the sandbar and sticks Prater with an arrow, a perfect heart shot and this scares the boys into the fields.Then the real fun begins as our OAF guys have to fight there way out of the Shoal Creek valley back to civilization. I'm kidding guys!!!! just bored at work.......I can't wait for the new outfitter on that creek to start releasing canoes above this turd sandwiches property....poetic justice

[snagged in outlet 3]

I interpret that as the high water bank where we saw the coppers and cars in the vid. Clearly if the boys had been up on that bank they would tresspassing but while in the stream bed, not.

To clarify your honor. Did the boys legally access the river? I thought they got on the river at an MDC access provided for public use?

Is that no true?

Stream frontage is the area he owns above the high water mark. I can't walk across the guys yard to gain access and I can't go up on that bank either.

Snagged

[ColdWaterFshr]

But the MDC link doesn't provide any definition of high water mark . . . it doesn't even mention those words. The words they use are stream "frontage". Frontage meaning all the way to the waters edge, or frontage to the high water mark? And riverbed?? What is the definition of that. MDC doesn't want any part of this. Thats why their disclaimer of the cardinal rule to "ask permission"

[stlfisher]

I signed and would still sign. To be honest after watching the video I didn't really see anything that was too harsh on either side. Doesn't mean other words weren't exchanged by both parties or stuff didn't happen, but I guess I expected more confortantion and a more tense scene than the small piece we saw. I realize this wasn't the whole story either.

As far as the "if it makes you feel like a big man." I hear much worse at work of all places on a daily basis. Not a big deal IMO at all. Nicer than I would be if harrassed multiple times.

In cases like these, whether fair or not, fisherman floating streams through populated areas are going to pay the price for those that abused the rights that went before them. It is not right, it is not fair, but it is reality.

I think Chief's escapade at the very least raised awareness in the area that this shouldn't happen. There is an entire forum that is aware of harrasment on shoal creek. Public pressure can go a long way. If this becomes habitual something will eventually have to be done and all the floaters on Shoal creek can float in peace. Instead of saying Chief didn't get anthing out of it in the immediate term (although I think he did) think of what he and others may get out of it in the long term. Especially, if this is habitual. It has to start somewhere ya know.

[snagged in outlet 3]

Okay CWF I see what you are saying. Throw out my high water language and stick with this.

"Incidental activities related to fishing such as portaging around difficult water or obstructions, wading and other use of the banks immediately adjacent to the stream were also affirmed."

I don't see where this language is confusing.

Snagged