Mark Posted February 15, 2012 Author Posted February 15, 2012 (2) "Vessel", any canoe, kayak, or other watercraft which is easily susceptible to swamping, tipping, or rolling, but does not include any houseboat, party barge, runabout, ski boat, bass boat, excursion gambling boat as defined in section 313.800, or similar watercraft not easily susceptible to swamping, tipping, or rolling. Thanks Ozarkgunner. IS SNAP RIGHT?? DOES A RIVERBOAT QUALIFY AS A BASS BOAT OR SIMILAR WATERCRAFT NOT EASILY SUSCEPTIBLE TO SWAMPING, TIPPING, OR ROLLING? Don't you just love the way laws are written!!
eric1978 Posted February 15, 2012 Posted February 15, 2012 Then you may want to take down the vid you posted. The thumb nail had a bottle of schafleysin it and other shot of some whiskey on a gravel bar, just sayin....lol You might see the occasional glass bottle in our pics, but it will always be at an access and the glass doesn't leave the truck. And we leave the river with more garbage than we came with. You don't wanna get into the "conscientious outdoorsman" argument with us...you'll lose that one hands down...by your own admission. You should return your attention to cleaning the fish out the rivers, we'll worry about the glass.
awhuber Posted February 15, 2012 Posted February 15, 2012 You might see the occasional glass bottle in our pics, but it will always be at an access and the glass doesn't leave the truck. And we leave the river with more garbage than we came with. You don't wanna get into the "conscientious outdoorsman" argument with us...you'll lose that one hands down...by your own admission. You should return your attention to cleaning the fish out the rivers, we'll worry about the glass. At the access is still a violation. The law wasnt wrote for you all, I come back with more trash and fish than I take out, too.
Mark Posted February 15, 2012 Author Posted February 15, 2012 Brian, After reading the specific law a quoted by Ozarkgunner, are you still of the same opinion that the glass ban is in effect under all circumstances. Now I am confused.
ozarkgunner Posted February 15, 2012 Posted February 15, 2012 The rule of lenity applies for criminal statutes. If the law is ambiguous it is interpreted in favor of the criminal defendant. My guess would be a river boat would not be a vessel that is easily tipped. You can be correct and still have to pay a few grand to get out of a small fine. If you really need to know the answer, bring your attorney a fist full of $100 bills. Angler At Law
Brian Sloss Posted February 15, 2012 Posted February 15, 2012 A couple of guys can't make a friendly bet in fun without it turning into a silly argument. Kind of sad guys. Mark and Snap-you can call 573-996-2153 and get an absolute final answer from the forest service. If I am proven right, I want a Moose Drool too. www.elevenpointflyfishing.com www.elevenpointcottages.com (417)270-2497
eric1978 Posted February 15, 2012 Posted February 15, 2012 At the access is still a violation. The law wasnt wrote for you all, I come back with more trash and fish than I take out, too. Well then I suggest you stop taking your truck to the access, too, because all that glass from your windshield is about as likely to end up in the river. Only hoosiers leave glass in rivers, and we don't have any hoosiers. So you can breathe easy now.
ozarkgunner Posted February 15, 2012 Posted February 15, 2012 You guys have to be careful. The Missouri Statute applies statewide, however the NPS and National Forest can and do adopt their own regulations on waters they manage. I.e. on the Current River, the park service may have a C.F.R. that says no glass on or around the river and this may be more restrictive the RSMo. on the same subject. Angler At Law
Brian Sloss Posted February 15, 2012 Posted February 15, 2012 Just got off of the phone with the forest service and your Jon boat does not exempt you from the glass bottle ban. They can and will ticket you for glass in your Jon boat. I Want a Moose Drool! www.elevenpointflyfishing.com www.elevenpointcottages.com (417)270-2497
Daryk Campbell Sr Posted February 15, 2012 Posted February 15, 2012 Sorry to hijack, But, what is Moose Drool? Is it a local beer? The topic has been entertaining, and I will throw in my 2cents. You can get a ticket for anything any officer wants to ticket you for. It is up to you to contest the legality of it. (innocent until proven guilty, HA!). Eric, Not all Hoosiers leave glass in the creeks/rivers. Hell, Mountain Dew only comes in plastic now anyhow. Not JUST Hoosiers leave glass in the creeks and rivers. I hope that by me being a South St Louis Hoosier would not prevent us from being able to fish together. ;-) I practice Leave No Trace. " This Mountain Dew's for you " Money is just ink and paper, worthless until it switches hands, and worthless again until the next transaction. (me) I am the master of my unspoken words, and the slave to those that should have remained unsaid. (unknown)
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