Navitable water ways

[ckinchen]

Originally Posted by Dink

Folks pay good money to lease land.....often there is waters on it.....you can get to my duck lease by water, does that mean you should be there?? NO!!!

So you want to cut off access to all water going to your leased property? Ok cool, I will buy an acre of land on each side of the ship channel near the pilot station in the morning and cut off access to all boat traffic going north which leads to my camp that happens to be on a private canal. Make sense?

[Nauticstar1187]

We have a camp on a private canal and I agree with the law... The truth of the matter is most people dont care about people fishing on there canals as most people are respectful and just fish and leave but its the people who try and come and hunt or outlaw in peoples property that ruin it. Its sad but its how it is in life a few bad people ruin it for everyone out there.

[ckinchen]

Most land owners (which is everyone that has responded except me, but since I have land all over various states I don't count) are of course going to agree with this law. Fishing is different than hunting, it always has been. When I was younger and we would deer hunt of course we would make sure we were not on someone's land, I have a problem keeping people off of my 40 acre tract in Denham Springs. Fishing is different, this law can be taken to extremes and I have seen it in Golden Meadow. Canals you have fished your entire life will all of the sudden no longer be accessible because some guy paid $500 or even $2,500 to lease the land around the canal. If the fishermen were to get out of his boat on the land then absolutely, bring him to jail for trespassing but someone fishing in a boat, I can't agree with that and you know what 49 other states agree with me. Texas is maybe the most conservative state in this country and other conservative states like Alabama that have much better hunting than Louisiana also have not adopted this law. This law was passed for one reason, rich land owners pushed for it and the common fishermen had no help from anyone to fight their fight.

[meaux fishing]

Originally Posted by ckinchen

Most land owners (which is everyone that has responded except me, but since I have land all over various states I don't count) are of course going to agree with this law. Fishing is different than hunting, it always has been. When I was younger and we would deer hunt of course we would make sure we were not on someone's land, I have a problem keeping people off of my 40 acre tract in Denham Springs. Fishing is different, this law can be taken to extremes and I have seen it in Golden Meadow. Canals you have fished your entire life will all of the sudden no longer be accessible because some guy paid $500 or even $2,500 to lease the land around the canal. If the fishermen were to get out of his boat on the land then absolutely, bring him to jail for trespassing but someone fishing in a boat, I can't agree with that and you know what 49 other states agree with me. Texas is maybe the most conservative state in this country and other conservative states like Alabama that have much better hunting than Louisiana also have not adopted this law. This law was passed for one reason, rich land owners pushed for it and the common fishermen had no help from anyone to fight their fight.

I agree with this... I dont see how you can distinguish private water. Especially in a tidal area. If it was a lake with no water movement then it is surrounded by private land with no accessability but it not even the same water in a marsh that was there yesterday

[longcast]

X3. I agree with bob and kasey on this issue.

[Zachary Boy]

I tried to stay out of this one but....I rented an R/V lot on Bayou Lafourche for about eight years. We were a couple miles north of Bobby Lynns and there were about 3 little runouts across form our campground. One weekend (when I wasn't there) a friend let his kids age 12 and 9 years old troll across the bayou and fish in the canals to get away from the ever present crew boat/shrimp boat traffic in the Bayou. The so called land owners ran them out and told them "Don't come back, private". These guys also had a camp on the waterfront. Right after dark every weekend ,they came easing out of the same canal with no lights or running lights,threw their ice chest in the truck and hauled arse. I'm sure they were making some major meathauls on the redfish but would not allow kids to fish. I say if fish swim into a waterway, they belong to the taxpayers of Louisiana. If it's private dam it up, don't gate it. I will add this.We were close to some duck leases so during the season we would extend the courtesy of staying out of the ponds where we knew they were hunting. That's just common sense. There were other places to fish but during the summer,c'mon.

[ckinchen]

Originally Posted by Zachary Boy

I tried to stay out of this one but....I rented an R/V lot on Bayou Lafourche for about eight years. We were a couple miles north of Bobby Lynns and there were about 3 little runouts across form our campground. One weekend (when I wasn't there) a friend let his kids age 12 and 9 years old troll across the bayou and fish in the canals to get away from the ever present crew boat/shrimp boat traffic in the Bayou. The so called land owners ran them out and told them "Don't come back, private". These guys also had a camp on the waterfront. Right after dark every weekend ,they came easing out of the same canal with no lights or running lights,threw their ice chest in the truck and hauled arse. I'm sure they were making some major meathauls on the redfish but would not allow kids to fish. I say if fish swim into a waterway, they belong to the taxpayers of Louisiana. If it's private dam it up, don't gate it.

This is a major problem in the Lafourche area, several people I know no longer fish down there because of this. I suspect several people would change their position on this site if you could no longer fish areas in Turner's bay or behind the weirs. It happened in Lafourche, it can happen in big lake.

Another unintended consequence is there are people like me that are going to fish no matter what, if I had to buy a lease for my kids to fish then I would do it and would write that check and never look back. More buyers for leases (like me and my very wealthy neighbors in my camp area) would drive prices up for the rest of the people on this site that may struggle to pay their duck lease every year. Before long, guess what they can no longer afford their lease and they are looking for public places to hunt. I suspect many would change thier position on this law.

[Angler Bay]

I have a sore spot with this subject as well, this reply is off the hip, but I'll do a little more research and get back. I was told to leave the North end of Black Lake one day by a guy in a boat because I drifted past a PVC pipe in 4' of water, that marked his claimed boundary. I Didn't leave, told the guy I'd take my chances in court.

All the court interpretations I have read state that if a water way is subject to the ebb and flow of the tide and a boat can travel that water, that water is navigable, and is public, BUT if you stop and anchor you MAY become susceptible to trespassing laws depending on how deep the water may be at the time.

[SULPHITE]

Originally Posted by Angler Bay

I have a sore spot with this subject as well, this reply is off the hip, but I'll do a little more research and get back. I was told to leave the North end of Black Lake one day by a guy in a boat because I drifted past a PVC pipe in 4' of water, that marked his claimed boundary. I Didn't leave, told the guy I'd take my chances in court.

All the court interpretations I have read state that if a water way is subject to the ebb and flow of the tide and a boat can travel that water, that water is navigable, and is public, BUT if you stop and anchor you MAY become susceptible to trespassing laws depending on how deep the water may be at the time.

that was marcentel (sp?) hes done that to quite a few people, you could actually drift into his marsh when the levee was broke..now there is a nice big ol'levee

[ckinchen]

Originally Posted by SULPHITE

that was marcentel (sp?) hes done that to quite a few people, you could actually drift into his marsh when the levee was broke..now there is a nice big ol'levee

Yep it had to be Marcentel, dude is jerk. He sure scared the hell out of my then 6 and 3 year old, nice job. He could have driven in slowley and explained the situation to us and I would have left without incident, nope, that is not how he rolls.

[ckinchen]

Originally Posted by Angler Bay

I have a sore spot with this subject as well, this reply is off the hip, but I'll do a little more research and get back. I was told to leave the North end of Black Lake one day by a guy in a boat because I drifted past a PVC pipe in 4' of water, that marked his claimed boundary. I Didn't leave, told the guy I'd take my chances in court.

All the court interpretations I have read state that if a water way is subject to the ebb and flow of the tide and a boat can travel that water, that water is navigable, and is public, BUT if you stop and anchor you MAY become susceptible to trespassing laws depending on how deep the water may be at the time.

Sam the same thing happened to Tracey and I in the exact same spot. I have done some reserach on this and the landowner is within his right to run us off. I don't like it any more than you do. Posted signs sure would make it easier.

[Feesherman]

Originally Posted by Zachary Boy

I say if fish swim into a waterway, they belong to the taxpayers of Louisiana. If it's private dam it up, don't gate it.

AMEN!!! This has been my mantra for years.

[Zachary Boy]

I kinda use this analogy on the 'gated' canals. If I high fenced my 50 acres in Miss. but left the gates open all summer and put out corn and sucked all my neighbors deer inside the fence and then come October closed and locked the gates, would that be legal or ethical, hell no.

[huntin fool]

If my canal was open without culverts, it would be public. But since you have to go under the road through 2 small culverts, its Private and will remain.

[weedeater]

Originally Posted by huntin fool

If my canal was open without culverts, it would be public. But since you have to go under the road through 2 small culverts, its Private and will remain.

I will agree with you Fool on your culverts and places like that, we have fished on the river side from a boat but but no one in their right mind would try to go through and in my mind that does make that a privet area but if you look at the cannal that goes to South Park Manor it is not blocked in any way but if someone decides to fish in it or even the one by the Cal. River bridge you can be run out or get in trouble and neither have anything to block you out.

[Zachary Boy]

[QUOTE=weedeater;305190]I will agree with you Fool on your culverts and places like that, we have fished on the river side from a boat but but no one in their right mind would try to go through and in my mind that does make that a privet area but if you look at the cannal that goes to South Park Manor it is not blocked in any way but if someone decides to fish in it or even the one by the Cal. River bridge you can be run out or get in trouble and neither have anything to block you out.[/QUOTE]
That's exactly what I'm saying, where do you draw the line? Huge 'gray area'..

[ckinchen]

[quote=Zachary Boy;305192]

Originally Posted by weedeater

I will agree with you Fool on your culverts and places like that, we have fished on the river side from a boat but but no one in their right mind would try to go through and in my mind that does make that a privet area but if you look at the cannal that goes to South Park Manor it is not blocked in any way but if someone decides to fish in it or even the one by the Cal. River bridge you can be run out or get in trouble and neither have anything to block you out.[/QUOTE]
That's exactly what I'm saying, where do you draw the line? Huge 'gray area'..

What it leads to is outlaw justice, both sides think they are right and both have a point. Technically the land owner is right since the law is on his side so they go try to protect what they think they need to protect. It is impossible for the authorities to police something like this so you end up with outlaw justice. Someone will get killed in the state of Louisiana over this in the near future, it is just a matter of time. Hopefully at that point the rest of the citizens will see just how one sided this law really is.

[Zachary Boy]

I know this is farfetched and hypothetical but still food for thought. Suppose someone goes through their gate on their 'private' pond and catches a tagged redfish, should he win the truck for the STAR tournament although I didn't have a shot at that redfish?

[ckinchen]

Originally Posted by Zachary Boy

I know this is farfetched and hypothetical but still food for thought. Suppose someone goes through their gate on their 'private' pond and catches a tagged redfish, should he win the truck for the STAR tournament although I didn't have a shot at that redfish?

I think the answer is yes, he would.

[Raymond]

Originally Posted by ckinchen

I think the answer is yes, he would.

Wrong, polygraph will pacifically ask wherefish was caught. Rules state public body of water so hypothetical angler would be arrested for fraud, a felony in Louisiana .