Fishing private land on public water

Discussion in 'General Conversation' started by Phil Washburn, May 2, 2006.

  1. Phil Washburn

    Phil Washburn New Member

    Messages:
    7,680
    State:
    Shawnee OK
    We talked about this the other day, but i can't find the thread so i will start another one.



    http://www.leesvilledailyleader.com/articles/2006/04/28/breaking_news/news5.txt

    Judge might stop trespassing arrests for fishing in tributaries


    MONROE, La. (AP) - A federal magistrate judge has recommended that the public be allowed to fish on Mississippi River tributaries that stretch into private property in East Carroll Parish.

    U.S. Magistrate Judge Jim Kirk in Alexandria handed down an opinion that the public can boat, fish and hunt on the waters of the Mississippi River as it rises and falls and that local sheriffs cannot arrest the fishermen and hunters for trespassing as long as they remain in their boats.

    The opinion was prompted by a motion to dismiss a case against East Carroll Parish Sheriff Mark Shumate for arresting fishermen on Mississippi River tributaries.


    U.S. District Judge Robert James will take the recommendations under advisement early next month and determine whether to adopt Kirk's findings.

    Although the state 2nd Circuit Court of Appeals has ruled that Walker Land Co. owns the land in East Carroll Parish, some of which is covered by Mississippi River tributaries, Paul Hurd, attorney for the fishermen, said the issue goes deeper than that.

    The fishermen have the right to fish on public waters, Hurd said.



    ‘‘We don't want to go on land, and if some parts are on dry land, we don't want to go across that land to get to more water. But we have the right to fish on the Mississippi River,'' Hurd said.

    Hurd is asking Judge James to stop Shumate from arresting the fishermen for trespassing. The preliminary motions are heard by Kirk, who then advises James. Kirk's opinion found that the fishermen had been wrongly arrested and that Shumate would have to pay damages for the arrests.
     
  2. kspor

    kspor New Member

    Messages:
    716
    State:
    Wichita Kansas
    The landowners wont like this and I see problems. Most fisherman will mind their manners and stay off the land, but some will ruin it for the rest by leaving trash or other nasties. I can see wire, rods and other things being set in the water to repel/damage any boat trying to come in.
     

  3. Phil Washburn

    Phil Washburn New Member

    Messages:
    7,680
    State:
    Shawnee OK
    i hear what you're saying, kent, but there are already laws against things like littering and destruction of private property.

    i say let 'em fish - the water belongs to the public, and as long as they are on the water they are on public right of way. to me, saying you fish w]public water over private land is like saying you can't breathe air from my property either.
     
  4. Tulcat

    Tulcat New Member

    I agree to let them fish, but there will always be those who will litter and pollute.

    That is one big issue I have with fishing in Kansas, is the rivers and creeks (except the Kansas, Missouri, and Arkansas Rivers) are all considered private property and are not fishable except in state/city park waters. Such a shame as to not be able to enjoy river boating/fishing.
     
  5. dixiedrifter

    dixiedrifter New Member

    Messages:
    102
    State:
    Tennessee
    Tis true... its a shame.

    I'm of the opinion that as long as you can get a boat up a body of water from a main channel it should be public property and open to anyone...but that stops as soon as you get on shore... then your trespassing.
     
  6. Crispy Critter

    Crispy Critter New Member

    Messages:
    431
    State:
    Missouri
  7. Phil Washburn

    Phil Washburn New Member

    Messages:
    7,680
    State:
    Shawnee OK
    i agree, Dee, and yep, thats the thread..thanks