Commercial fishman been fighting that for years here in the atachafalya basin and if it's navigable they can fish it. And the high water mark was used
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Commercial fishman been fighting that for years here in the atachafalya basin and if it's navigable they can fish it. And the high water mark was used
That is a very grey area and seems law enforcement have different ideas. Also we live along a small navigable river and our land is on both sides of the river. Do you actually own the land under the water? Questions with no definite answer. That shooting happened last summer on the Meramac River. A VERY busy float stream that is a mess in the summer.
To shed some light on this for you guys. If you are in flood waters and are in a boat as long as you cross property lines by water you are not trespassing. In other words say you have a pond that sits on a property line, as long as you get in a boat on your side of the line you can fish on the other side of the property line as long as you don't set foot on land you are not trespassing. So if the River floods as long as you can get there by boat you can go anywhere there is water. I know this as I'm a law enforcement officer and we have dealt with this (the county I work in is next to the Missouri River.) we have issues with duck hunters when it floods going in to the flood water on privite property. Landowners call and want us to press charges for trespassing, as long as they don't go on land there isn't anything we can do.
I spoke with the Agent supervisors in our office and they both had the same answer. You must stay within the banks of the river or you are trespassing.
If the river is within its banks this is correct, if it is flooded and out of its banks you can go in the flood water.Quote:
Originally Posted by MOfishmgr
Thanks for the clarification. Thanks also for taking the time to check it out for us.Quote:
Originally Posted by MOfishmgr
I farm several acres of Mississippi River overflow land in MO as well as in IL. All of My farm property roads are gated with signage( and purple paint) where they come off federal levees. Several equipment buildings on these farms ( built on dirt mounds )and ponds are occasionally flooded when the rivers go on a rampage.... I don't allow anyone to enter or cross my fields to hunt/fish/explore during high water events without written permission....conservation agents and the sheriff have been very supportive of my policy and have enforced it at my request.