free handouts on river rights

[fishinwrench]

I had a problem once that I thought was going to turn out in my favor..... But I was wrong.

I was in a creek fishing when a deputy appeared out of nowhere. He told me I was fine and was breaking no laws but wanted to warn me that a cranky landowner called in and wanted me out of there.  I told him that I would leave just to keep the peace but that I wished I could still fish the creek at another time.  The deputy made it clear that I could if I wanted to.  I tried to call the landowner and then went and knocked on his door, but he would neither answer the phone or the door, so I went fishing.   Next thing I know here comes a different deputy with a conservation agent and they cited me for trespassing.  WTF?...

I took the citation up to the PA's office to try and get them to drop it, but he wouldn't even let me finish a sentance.  Spoke to a lawyer and he wanted a 1500.00 retainer.   

So I paid 120.00 fine and went on with my life.   The cranky landowner croaked several years ago and NOW I can fish the creek again.  So I guess the only way to win is to outlive anyone that doesn't want you there.

 

[Greasy B]

I would love to fish small creeks more but an experience bro and had a couple of years ago put a dampener on our enthusiasm. We stopped at a low water crossing bro went upstream I went down. After a couple of hours we met back at the car, I carried on about all the large bass I caught and he said he got stopped a 100 yard upstream and threatened with arrest and worse. 

FWIW this is one of the experiences that have convinced me our rivers are nowhere near their potential. This tiny creek was absolutely packed with bass larger than I typically see on our best rivers. 

[ozark trout fisher]

I have had several experiences similar to those described above. Most of them have come in the Gasconade watershed...some very proprietary landowners down that way, it would seem. I do really only wade streams that I think I could make a reasonable case are floatable most of the time. I know that may not match the definition of any lawyer but none of them seem to agree..... so they leave me to just try my best to be reasonable.  If the person confronting me also seems at least a little bit reasonable I will explain why I'm there, why I feel have the right to be there, that I won't keep anything, and that I'll not only litter but pick up as much as possible. All as succinctly and politely as humanly possible. I have had that be enough on more than one occasion for folks to think that I was apparently not worth the trouble and leave me alone to fish.  

But when someone comes up to me yelling and screaming and otherwise belligerent from the word go (and I'll be forthright in saying this isn't a common occurrence, certainly not common enough that it doesn't freak me out when it happens) then self-preservation dictates that I am getting out of there in a hurry. Nothing good can come from sticking around at that point. Any explanation I try to give in that moment is likely only to make them more agitated than they already are.

That said, if and when I encounter a truly threatening situation I would absolutely not hesitate to call the local sheriff and alert them to the situation afterwards. If absolutely nothing else it makes them aware (if they aren't already) that there is a potential problem brewing between fisherman/floaters and that person that may be avoidable with some degree of intervention.

[jdmidwest]

I was using the term navigable streams in the ways shown in the article posted.  I know they are meaningless here in MO.  I think anything less than a tug boat can float it is deemed non-navigable.

I even spoke about other states being more restrictive, but now digress.  There are certain ditches and "streams" in SE Mo where I used to duck hunt that you can access by a floating boat.  But, local authorities warn that severe trespass will occur if you "anchor or tie to the bank, get out of boat onto land, or attempt to recover downed game outside of the body of water".   I can sit and float all day and pray that the duck I shoot lands in the water.  If it hits land, I am screwed by someone, either trespass, wanton waste, failure to retrieve game.  So it effectively keeps me from using the waterways that my ancestors used 30 years ago.  Unless a major flood comes along and they get out of the banks, then it is a free for all.

[Bushbeater]

A interesting trespassing story of floaters and waders rights is on The Lone Star Chronicles. Sounds as if Texas has the same issues we do.http://lonestarchronicles.com/a-tale-of-trespassing/

[ozark trout fisher]

On 2/2/2017 at 5:34 PM, Bushbeater said:

A interesting trespassing story of floaters and waders rights is on The Lone Star Chronicles. Sounds as if Texas has the same issues we do.http://lonestarchronicles.com/a-tale-of-trespassing/

I'm given to understand the situation is rather bleak in Texas.

The one saving grace in Missouri is that we do have a strong culture of canoeing on smallish Ozark rivers, and a lot of landowners understand that and accept it, if begrudgingly. In a place like Texas where that is less true, the sight of a floater or fisherman is much more likely to catch a landowners eye. And in remote, lightly used areas (aka areas without a canoe rental or other economic interest in keeping access open) the sad reality is that the landowner basically DOES control access, whether legally or not. Most people are not going to subject themselves to intimidation, threats, or worse, when they can just go one river over and not be bothered. Sure, one might call a sheriff in a more extreme case, but probably not, and even if so, they are likely as not to be told to just respect the landowner and stay away.

That decision on a fisherman's part to just stay away is logical, rational, and I wouldn't even encourage otherwise, because it's not worth putting yourself in harms way. With that said, it does allow landowners to basically decide for themselves what waterways can be used by fisherman or floaters, regardless of legality. That doesn't seem particularly healthy, although I don't have a good solution.