Trespassing????

Discussion in 'Arkansas Flyway Forum' started by lucky_man, Jun 26, 2018.

  1. lucky_man

    lucky_man Refuge Member

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    I know its probably on here somewhere, but couldn't find it. Question...if if am on a navigable body of water, let's say the White River, and turn into a small runoff, then boat into some timber that is underwater, but not flooded out, would I be trespassing? I was told by FWS that i would be trespassing, but if you read some on the court ruling I wouldn't be. And no, I'm not talking about beaching my boat and walking into someone's pond, but if the water was up I would think I could boat in since I'm coming off of public waters. Hope I didn't open too big a can of worms.
     
  2. bill cooksey

    bill cooksey Elite Refuge Member

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    In theory you could run your boat in such a place. You just best keep everything in the boat. In other words, there's no point in boating in since you can't touch anything unless it's below the ordinary high water mark.

    Determining that mark seems to be the problem at times.
     
  3. lucky_man

    lucky_man Refuge Member

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    I just know how it is in Mississippi as long as you can get to it by way of public land or water (which is water that can float a craft of any kind) then you can hunt it. It even states that you can get out and wade since it is part of hunting and fishing. I thought that Arkansas was the same except for the wading part. Here's the link below to an article in Mississippi Sportsman magazine

    http://www.ms-sportsman.com/details.php?id=120

    This was taken from that same Mississippi Sportsman article:
    1) The public has a right to use the water in a public waterway in Mississippi for hunting, fishing, trapping, boating, etc.

    2) The public may not trespass across private land to get to the water, but once legal access to a public waterway is gained, a hunter or angler may legally use the entire waterway. Even though 20 landowners may own land around and under a public waterway, permission from one (or via public ramp) to access the water would give legal access to the entire waterway.

    3) The public's right to the waterway applies only to water between the natural banks. The public may not legally step out of the boat and onto the dry bank or bed of a public waterway without landowner permission. If the water has flooded beyond the natural banks, that is not public water.

    4) The public may wade, tie off to a tree, drop anchor, drop decoy weights, etc., as long as they are in the water between the natural banks.
     
  4. bullpinnie

    bullpinnie Elite Refuge Member

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    mmayes likes this.
  5. bullpinnie

    bullpinnie Elite Refuge Member

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    and if there is purple paint ( in the words of Ronald Reagan), "trust, but verify".
     
  6. bill cooksey

    bill cooksey Elite Refuge Member

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    None of this appears to apply to your question, and it doesn't differ from my original answer. The feds go by "ordinary high water mark," so
    "natural banks" don't apply even in MS since it's federal law we're talking about.

    I suppose "underwater but not flooded out" is where you are hinging your question. If you can find timber in the White River channel below the ordinary high water mark, you can hunt the hell out of it.
     
  7. rhpierce

    rhpierce Elite Refuge Member

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    The only place you'd have flooded (living) timber without it being a flood situation (i.e., in the normal banks) would be a cypress/tupelo brake...oaks aren't going to live in the channel...

    There may be some low spots that lie below the ordinary high water mark Cooksey referenced but above the channel banks that are timbered...seems really, really specific, and I'm sure the owners of such are probably as well versed as you would be on whether or not you could hunt it.

    And all of that seems like a borderline move to me...if you have to rely on "I know you own it, but here's the case law that says I'm legal..." to go hunt another man's land and kill a few ducks, that's a pity. Not talking about a club trying to keep people off of public land to extend their own private spot, or anything similar, but someone knowing it isn't public ground and going in based on his "legal" right...
     
  8. bill cooksey

    bill cooksey Elite Refuge Member

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    Been a whole lot of money spent on lawyers, by people on both sides, and there's still a lot of gray area despite the law appearing pretty cut and dried.
     
  9. mmayes

    mmayes Diver Forum Mod Moderator

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    We need a resurrection of the PPHC

    Mayes
     
  10. gadwall52

    gadwall52 Elite Refuge Member

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    Look at any SCOTUS ruling on navigable waters and you will see that they have long held that navigable law is the sole jurisdiction of the federal courts . The states can make all the laws they want but they are as legal and constitutional as any law prohibiting abortion.
     

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