Wayne SW/MO Posted January 30, 2006 Posted January 30, 2006 The general consensus is that Navigable Waters are open to travel by the public and that they are public from high water to high water levels. High water would be what is average and not in flood stage. The problem seems to be the definition of Navigable and like someone said its probably not something that one would want to challenge in court. Today's release is tomorrows gift to another fisherman.
Busters Guide Service Posted February 2, 2006 Posted February 2, 2006 Tony and I went out Bassing for a few hours this afternoon. We did have some luck. We caught 7 bass from 12"-15". The only problem is that they were only really biting back behind K-dock. We have always had luck there but ever since captain overalls has bought it you get harassed and cussed up and down. I mean if he didn't stomp out of the office like a 5 year old and yell about us being inconsiderate without us even casting in the direction of his dock......we may have considered leaving. After the tongue lashing though I am glad to report that I caught a 13 incher as he watched with steam coming from his chemically unbalanced head.. Well if you want to catch a Bass go ahead just beware of the tantrum coming your way. How do you get business acting like that. ??? The people at K-Dock have absolutely no rights to the water around or under the dock. This guy has a history of cussing people out if they get near the dock. I have a friend that is a police officer that had the same problems with the owner of K-dock. He said the best thing to do if it happens is to call the sheriff. This is supposedly a public facility, however; They will not even let guides clean fish on the dock. I usually have clients with me so I usually just avoid the area.
Root Admin Phil Lilley Posted February 2, 2006 Root Admin Posted February 2, 2006 True story- a friend of mine was fishing with Mike Abdon, a former Taney Co MDC agent on Table Rock one day. They went into the State Park Marina cove and started to fish in the empty stalls of the dock when an employee came out and said they couldn't fish there. They asked why? He said they had the right to keep people from fishing close to their dock. Mike asked by what law was he quoting from - he couldn't answer. Mike then preceded to read him the riot act, saying the State Park didn't own or wasn't leasing the water but the space on top of the water and the land adjacent to the dock. And that interfering with a law abiding fisherman by harassment was against the law and if ever did again Mike would cite him. Call the sheriff and press charges if the law allows you to.
Members SDR81 Posted February 2, 2006 Members Posted February 2, 2006 Hi, Im new to this forum. I was just reading this post and wanted to add an experience a friend of mine had.Now he and i feel the same as you. But he was fishing next to a commercial dock when the owner tried to run him off. My friend said it was public waters and he could fish there,the owner told him he had documents saying he could not fish there so my friend said show me. A few minutes later he brought him a copy of a dogument from the corps of engeneers saying they have water rights up to I think 100ft from the dock. He brought this to work and I saw it my self. If I can rember ill get it and post the document word for word.
FRENZEL Posted February 2, 2006 Author Posted February 2, 2006 It doesn't bother me as much as it does Tony. I'm used to dealing with people who are a little off for one reason or another....I'm a bartender. It's almost fun now to catch fish while he watches. won't let him ruin any of my fishing trips....You never know when it might be your last! TRACY FRENZEL FRENZELS GUIDE SERVICE 417-699-2277 "ONE MORE CAST"
Wayne SW/MO Posted February 2, 2006 Posted February 2, 2006 A few minutes later he brought him a copy of a dogument from the corps of engeneers saying they have water rights up to I think 100ft from the dock. If this is what I think it is, it doesn't include fishing, or any activity that doesn't interfere with their activity. As I recall this has to do with blocking slip or something similar. Today's release is tomorrows gift to another fisherman.
Sam Posted February 2, 2006 Posted February 2, 2006 I don't know. As a practical matter, if a guy's yelling at me I'd probably just move on. He may be in the wrong legally, but I go fishing to relax - not to get in arguments or to call the sheriff. A couple of years ago crappie fishing on Bull Shoals I got into it with another fisherman. He claimed I'd cut him off, and I don't think I did. He was a hundred yards down the bank and around a point from me when I pulled into a little cove. If I cut him off, I didn't mean to - everyone was still-fishing, casting jigs for crappie and if he was moving his boat down the bank I didn't realize it. I wouldn't do that on purpose. Anyway, he moved up to where I was and started cussing at me. Then he hit my boat with his jig a couple of times, then he tried to yank a hook into me. I grabbed his line and broke him off, then asked him if he wanted to go to the bank and settle it. He decided he didn't really want to do that. There were lots of other boats around, and I just left. I went to fish where my partner was fishing out of his boat and I told him what happened, but I told him not to do anything about it. He didn't listen - my partner gunned his boat out of there at full speed and nearly sunk the guy. Missed his boat by about two feet. Little things like that can escalate and get people hurt, and it's not worth it. We were all wrong - myself, my partner, and the angry fisherman. That deal pretty well ruined the trip for me, and I've decided to be LESS, not more, aggressive if anything like it happens again. So if a guys yells at me about fishing near his dock, I'll know he's wrong - but I'll probably just figure "there's a real so-and-so" and move on.
Root Admin Phil Lilley Posted February 3, 2006 Root Admin Posted February 3, 2006 I talked to Buster this afternoon... he said the guy at K-dock has been talked to by the sheriff and the water patrol- warned- not to harrass fisherpeople around his dock. So... Buster said to call Cap't Gary Haupt at 417-335-5696 of the water patrol and he will come and take care of Mr. K-Dock. He may get arrested the next time he does something like this.
MoCarp Posted February 3, 2006 Posted February 3, 2006 I find that a polite attitude (along with my over 6 foot 350 pound frame) most folks respond well--it seems that this owner of K-dock--needs a boycott of his business--it amazing how friendly one gets when business is tight--has anyone takin this bloke out to lunch and kindly tell him about his public reputation? most men guard that like the family jewels! MY 2 CENTS MO MONKEYS? what monkeys?
Fish Bork Posted February 3, 2006 Posted February 3, 2006 I don't think so. That's not a problem on Corps lakes because of the "offset line". The water, banks, and lake bottom belong to the public. I've heard that streams are a different matter, though. The WATER belongs to the public, so you have a right to float through private property. The banks and even the river bottom belong to the landowner, so being on the bank or even wading is trespassing if you don't have permission. That's what I believe, but I'd be glad to hear from someone who knows for sure. Yes on a stream that is correct even though the law is really gray and depending on the case it changes. The only thing I have heard of was a fence that was put over the Niangua and the canoe rentals had a fit and the fence was taken down Time flies like an arrow. Fruit flies like a banana.
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