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Boundary question
Posted: Fri Jan 03, 2014 9:21 pm
by tlightsey21
If I am hunting on a public lake or river in MS, how far off of the public water can I go legally? Is it just navigable waters or what? Thanks...
Re: Boundary question
Posted: Fri Jan 03, 2014 9:45 pm
by JaMak84
tlightsey21 wrote:If I am hunting on a public lake or river in MS, how far off of the public water can I go legally? Is it just navigable waters or what? Thanks...
When you figure out the answer, let the rest of us know.
http://www.ducksouth.com/phpbb/viewtopi ... =1&t=31114
Re: Boundary question
Posted: Sun Jan 05, 2014 9:06 am
by greenheadgrimreaper
How far can you go off of the public water? You can't go off of the public water. Are you talking about watersheds or rivers at flood stage or ?
Re: Boundary question
Posted: Sun Jan 05, 2014 10:11 am
by Anatidae
To remain legal, you really have to KNOW where the water/bank level is at normal stage. The landowner (in most cases) 'KNOW'. Same way with access.
Re: Boundary question
Posted: Sun Jan 05, 2014 6:35 pm
by Jelly
when the river is out of the lake, that is the "normal' bank of the lake..
Just because the river comes up, doesn't mean you can motor way back in the trees.
At least that's how Johnny Law explained it to me
Re: Boundary question
Posted: Mon Jan 06, 2014 8:19 am
by 420 racin
Correct you have to be between the Old natural banks, problem is many folks don't know the difference between the the old bank and the old channel ..
Whether you can go motoring way back in the trees is relative to the body of water you are dealing with. While Johnny Law doesn't know what he is doing anyway most of the time, the trees are not a good measure of the old natural bank, they usually indicate the old natural channel, whereas the "bank" would be farther in the trees. Where the willow trees are growing is usually the old sandbar on the inside of an old bend, and not the old bank. Unless they understand succession and how it works they can't grasp the idea that the trees today were not always the "bank". The real way to find the old natural bank would be looking at the species of trees and vegetation that is growing. Or you could use Lidar/elevation data to determine where the "bank" used to be. I have been dealing with this subject of contention on a lake north of Vicksburg off the MS River for a while now, while the "bank" is way into the willow trees on said lake, Johnny Law doesn't care/know what he is talking about and he writes the tickets for the equally uneducated judge to enforce.....damned if you do-- damned if you don't.
Re: Boundary question
Posted: Mon Jan 06, 2014 10:37 am
by Jelly
So LEO's and Judge's don't know the law?
Re: Boundary question
Posted: Mon Jan 06, 2014 10:46 am
by mudsucker
Jelly wrote:So LEO's and Judge's don't know the law?
Define law.
Re: Boundary question
Posted: Mon Jan 06, 2014 10:54 am
by DanP
Jelly wrote:So LEO's and Judge's don't know the law?
Think he is saying that many don't know the river, banks, channels, how oxbows are formed etc to properly interpret and apply the law.
Re: Boundary question
Posted: Mon Jan 06, 2014 11:18 am
by hntrpat1
He'll no most of em don't know the law when it comes to water marks and what not. "Well the landowner said your trespassing. Here's a ticket fight it in court if your right". Thanks for doing your job poophead
Re: Boundary question
Posted: Mon Jan 06, 2014 11:33 am
by 420 racin
Some do and some don't but when a law is created and subsequently the enforcement of the law is based in an ecological understanding of how rivers move across the landscape and the dynamics of this, unless you have a clear understanding of this... Since, probably most LEO's and Judges don't have a background in Forestry, Geology, Hydrodynamics, etc...etc..Then I would bet they don't know. They may know what the law reads, but they have no idea how to porperly enforce it. To be a judge you have to be elected, no college required, to be a LEO, no college education required. Of course it depends on what kind of LEO you are talking about. but most of the time it is the Local Sheriff's dept writting the tickets in the arena of our discussion, typically trespassing. So I think it would be a safe assumption to say most LEO's tasked with enforcing these area of the law does not have the environmental/ecological understanding required to properly enforce the law, as it was/is written or interpereted
Re: Boundary question
Posted: Mon Jan 06, 2014 12:20 pm
by Jelly
gotcha
Re: Boundary question
Posted: Mon Jan 06, 2014 2:42 pm
by mudsucker
I just show my ACOE id card and tell them I am working on new boundry lines as per NAD 87!
Re: Boundary question
Posted: Mon Jan 06, 2014 11:38 pm
by Wingman
420 racin wrote:Some do and some don't but when a law is created and subsequently the enforcement of the law is based in an ecological understanding of how rivers move across the landscape and the dynamics of this, unless you have a clear understanding of this... Since, probably most LEO's and Judges don't have a background in Forestry, Geology, Hydrodynamics, etc...etc..Then I would bet they don't know. They may know what the law reads, but they have no idea how to porperly enforce it. To be a judge you have to be elected, no college required, to be a LEO, no college education required. Of course it depends on what kind of LEO you are talking about. but most of the time it is the Local Sheriff's dept writting the tickets in the arena of our discussion, typically trespassing. So I think it would be a safe assumption to say most LEO's tasked with enforcing these area of the law does not have the environmental/ecological understanding required to properly enforce the law, as it was/is written or interpereted
I never thought I'd say this, but I agree with you.
The world will end now.