Can anyone clarify MO's stream access laws?

[camburgersoup]

26 minutes ago, fishinwrench said:

We're almost better off skating around in the gray zone.  At least this way we can pretend confusion and ignorance and keep things at the misdemeanor level.

Unfortunately I think you are right. I guess I will have to get used to being a quasi-criminal.

[tjm]

Often you can knock on a door and prevent confrontation.  i wouldn't want to get shot over a gravel bar the way that guy did a few years ago.

[fishinwrench]

4 minutes ago, camburgersoup said:

Unfortunately I think you are right. I guess I will have to get used to being a quasi-criminal.

Getting used to it should be easy, you do it every day.  😏

[fishinwrench]

22 minutes ago, tjm said:

Often you can knock on a door and prevent confrontation.  i wouldn't want to get shot over a gravel bar the way that guy did a few years ago.

The problem with that, is that by doing so you are showing that you already believe that you have no initial right to be there.   And if you go there after being told "no" then your case falls apart before it even begins.

Just because some guy got shot once upon a time in Crawford county is no excuse to just puss out and forfeit your liberty.  Or at least it isn't for me.  

[FishnDave]

Definition of commerce:

commerce [ kom-ers ]

noun

-an interchange of goods or commodities, especially on a large scale between different countries (foreign commerce) or between different parts of the same country (domestic commerce); trade; business.

-social relations, especially the exchange of views, attitudes, etc.

-sexual intercourse.

-intellectual or spiritual interchange; communion.

 

So...when somebody approaches you about your right to fish there, offer to sell them a fishing lure.  Now you are using the river in an attempt to conduct business, whether they buy the lure or not.

Or, according to the definition above, argue with them.  By arguing, you are exchanging views.  "commerce".

Disclaimer:  The above suggestions have no real legal standing, and may not hold up in court. 😉

[snagged in outlet 3]

This subject has beaten to death on here for years.  Didn't @Chief Grey Bear have a run in with somebody on a stream arguing this point??

[fishinwrench]

3 minutes ago, snagged in outlet 3 said:

This subject has beaten to death on here for years

So has eating bass, 4-stroke outboards, and about everything else related and unrelated to fishing.  Are we gonna just quit talking now?  😂 

Gimme a bit and I'll bring up something we've never discussed before.  

[fishinwrench]

Tell the court that you were in the creek for a baptism and I bet they'll drop the case.  😊👍

[snagged in outlet 3]

30 minutes ago, fishinwrench said:

So has eating bass, 4-stroke outboards, and about everything else related and unrelated to fishing.  Are we gonna just quit talking now?  😂 

Gimme a bit and I'll bring up something we've never discussed before.  

No, I just don't find it interesting anymore.  Nobody gets sideways...

[FishnDave]

In Iowa, if somebody could float down the creek in ANYTHING...say, an inflatable raft, AT ANY POINT IN  A TYPICAL YEAR,...say, after heavy Spring rains...then the water is considered "navigable".

Too bad that isn't the case in MO.  Case-by-case basis is B.S.  It doesn't help anyone but lawyers.  Lobby lawmakers for a simple, clear, and all-encompassing law.  Not saying this is the correct or best thing to base the law on, but just as an example of what it could be like:

"Any stream that typically has flowing water year-round and is a minimum of 40' wide from top-of-bank to top-of-bank, can be publicly fished.  Anglers can access the stream from any bridge or road crossing.  Anglers must stay within the those top-of-banks or they will be considered to be trespassing.  Landowners that attempt to narrow a stream to prevent access will be prosecuted." 

Pick something easy to understand and try it.  If it seems it needs to be tweaked at some point, that can be addressed later.   Put an end to guesswork and hostilities between landowners and anglers.  This IS what governments are for.