CMAC Posted June 26, 2007 Share Posted June 26, 2007 I am sure this has been addressed somewhere before and if it has then point me in the right direction so I can read for myself and not waste anyone's time, but when does it become trespassing if your fishing on a river. Lets say either out of a canoe or you access the river via low water bridge or something like that? This happened to me last weekend so just curious what the real law says. I left to avoid any confrontations. Much appreciated. Link to comment Share on other sites More sharing options...
Dutch Posted June 26, 2007 Share Posted June 26, 2007 Here is what I found on the subject. After reading it, I still am not sure depending on the stream. http://mdc.mo.gov/conmag/1995/11/03.html Link to comment Share on other sites More sharing options...
Terry Beeson Posted June 26, 2007 Share Posted June 26, 2007 Yes, you're right... it has been addressed SEVERAL times on SEVERAL forums I'm a member of... The laws governing this issue are somewhat vague and mixed from state to state. Most of it depends on the waterway and the state you are in. Basically, when it comes to Arkansas and Missouri, you are not trespassing if you are in the confines of the stream up to the high water mark in a stream that has been deemed "navigable." Now, that designation can sometimes be in question. If the stream has known public access (such as - I assume - all of the streams listed on this forum) it is deemed navigable and being in that stream is not trespassing. However, access to that stream must be from a public point, such as the low water bridge you are talking about or a designated access or public road right of way. You do NOT have the right of ingress to access the water via private land. You DO have the right of egress when the stream becomes dangerous to navigate. For example, if you are in a tailwater and they start running units and the water starts coming up. You then have the right to get out of the stream and get to safety via any property. Anyone that would deny that should be thrown in the raging river themselves... The problem becomes, again, what streams are deemed "navigable." Myatt Creek in Arkansas comes to mind. There are a couple of places I know where there are "NO TRESPASSING" signs crossing the creek. But I also know a lot of people float and fish that stream. Now if I was "caught" fishing beyond that sign, would I be trespassing? Honestly, I'm not sure. My "best guess" is no. But getting shot or similar trying to prove I'm "right" would not be an option I would want to take... TIGHT LINES, YA'LL "There he stands, draped in more equipment than a telephone lineman, trying to outwit an organism with a brain no bigger than a breadcrumb, and getting licked in the process." - Paul O’Neil Link to comment Share on other sites More sharing options...
gonefishin Posted June 26, 2007 Share Posted June 26, 2007 Kind of a dicey subject. I think a person should be able to go anywhere they want on the streams but I on the other hand I dont think it is worth getting in an altercation over. I would rather be fishin'. "Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote." Benjamin Franklin, 1759 Link to comment Share on other sites More sharing options...
jcoberley Posted June 26, 2007 Share Posted June 26, 2007 I can see both sides to this. Most people just dont care. They leave gates open throw trash around break beer bottles tear up things leave ruts in the hay fields drive across crops and so on. And when they get hurt they sew for money. I understand from a farmers point of view I have been through that. Selfish and greed is why we have all the trouble with land owners. Fish slow and easy! Borrowed this one from..........Well you know who! A proud memer of P.E.T.A (People Eating Tasty Animals) Link to comment Share on other sites More sharing options...
Gavin Posted June 26, 2007 Share Posted June 26, 2007 It depends..access at bridge crossings really depends on the mood of the local landowner and police department. Most landowners tolerate some public use from bridge crossings some dont..Your always safe if you enter from a public boat ramp, and your usually pretty good if there are signs of public use, if there dont appear to be any signs of public use, its probably best to ask permission. It doesnt hurt to carry a stream team bags and fill it with trash while your floating or wading from a low water bridge..If folks see you picking up trash, they are less likely to run you off. Cheers. Link to comment Share on other sites More sharing options...
jcoberley Posted June 26, 2007 Share Posted June 26, 2007 Gavin, thats good advice. thanks. Fish slow and easy! Borrowed this one from..........Well you know who! A proud memer of P.E.T.A (People Eating Tasty Animals) Link to comment Share on other sites More sharing options...
Crippled Caddis Posted June 26, 2007 Share Posted June 26, 2007 CMAC wrote: <This happened to me last weekend so just curious what the real law says. I left to avoid any confrontations.> You are far wiser than some. You did EXACTLY the right thing under the circumstances. As Terry said it's not worth getting shot whether you are right or not. Also as he pointed out it is a very moot point in any case. Case law varies by jurisdiction making a definitive answer to your question absolutely impossible. The best advice I can give is to contact your local District Attorney for guidance on local standards. And if you can get a solid answer out of him please contact me immediately! I too would like to see the new star in the East.;o) "You need only reflect that one of the best ways to get yourself a reputation as a dangerous citizen these days is to go about repeating the very phrases which our founding fathers used in their struggle for independence." ---Charles Austin Beard Link to comment Share on other sites More sharing options...
Terry Beeson Posted June 26, 2007 Share Posted June 26, 2007 And if you can get a solid answer out of him please contact me immediately! I too would like to see the new star in the East.;o) Attorney man speak with fork-ed tongue... I'm with CC on this one. If you get a straight answer, better get the winter duds back out and prepare for something worse than the ice storm in January... Hell will freeze over... TIGHT LINES, YA'LL "There he stands, draped in more equipment than a telephone lineman, trying to outwit an organism with a brain no bigger than a breadcrumb, and getting licked in the process." - Paul O’Neil Link to comment Share on other sites More sharing options...
CMAC Posted June 26, 2007 Author Share Posted June 26, 2007 Attorney man speak with fork-ed tongue... This sounds like it came out of a fortune cookie!! Link to comment Share on other sites More sharing options...
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