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  #61  
Old 04-12-2018, 02:34 PM
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Originally Posted by redaddiction View Post
Because there is no specific wording that will allow you to fish those waters. They?re tricking the publIc while appeasing the big land owners. Typical politics.


There is no words that say i can?t fish it
It?s not about just fishing
It?s about our rights to navigate over state owned waters aka tidal waters

Key word is access


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  #62  
Old 04-12-2018, 03:40 PM
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Because there is no specific wording that will allow you to fish those waters. They?re tricking the publIc while appeasing the big land owners. Typical politics.
Amen and that is the issue

This is the abstract of the bill

HB 391 Original 2018 Regular Session Pearson

Abstract: Provides for the public navigation of running waters, including those running waters passing over any privately owned water bottom directly connected to a state-owned water bottom that is subject to the ebb and flow of the tide.

Key word is NAVIGATION. Nothing says you can stop and fish

One simple sentence in the bill "to include fishing" would clear it up, but its not in there because they dont want it in there. The author probably doesnt want it in there. He is getting his cake and eating it too. He is appeasing the public access crowd because he is actually doing something, but he is also not offending the property owners because nothing is changing. He even went so far as to say if its gated now, it can remain gated. Its garbage.
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  #63  
Old 04-12-2018, 03:43 PM
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Originally Posted by "W" View Post
There is no words that say i can?t fish it
It?s not about just fishing
It?s about our rights to navigate over state owned waters aka tidal waters

Key word is access


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Key word is navigation. You can navigate it to get somewhere else, but nothing about stopping and fishing. That precedent has been set. Include another sentence about fishing and it will clear it up. He wont add it because he is playing politics and everyone supporting this bill like a fiddle.
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  #64  
Old 04-12-2018, 04:55 PM
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Originally Posted by Duck Butter View Post
Key word is navigation. You can navigate it to get somewhere else, but nothing about stopping and fishing. That precedent has been set. Include another sentence about fishing and it will clear it up. He wont add it because he is playing politics and everyone supporting this bill like a fiddle.
Exactly, technically nothing will change, but 90% of the public thinks it means a free for all.
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  #65  
Old 04-12-2018, 06:50 PM
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Originally Posted by noodle creek View Post
Exactly, technically nothing will change, but 90% of the public thinks it means a free for all.


X2, I never expected Salty Cajun to have so many liberals on the site.

99.9% of the ones wanting this FREE access would have a Major ch ti fit if they owned this land - by having some jack leg passing thru property they own.
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  #66  
Old 04-12-2018, 07:01 PM
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X2, I never expected Salty Cajun to have so many liberals on the site.

99.9% of the ones wanting this FREE access would have a Major ch ti fit if they owned this land - by having some jack leg passing thru property they own.
Kinda like welfare haha. Landowners spend their own money in a lot of cases to better their land, then people who did zero work get free access.

Kind of an extreme example, but similar in a way. People don't like their hard earned tax money taking care of people who do nothing, but when it comes to the outdoors they want their Obama phone.
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  #67  
Old 04-12-2018, 08:45 PM
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So explain how this works in 49 other states and don?t in La ?

It will be a free for all
Free to float any tidal state owned waters .

If it has a influx of tidal water it will be subject for anyone to fish .


And I can navigate all day with my Trolling
Motor while fishing

This bill is not about fishing or hunting
It?s about using our own state waters

It?s simple
If you don?t want anyone on your so called lease., marsh etc
Use your own money and levee it off ...

Make it with our state owned waters

Again .... this movement has shook the Capitol
If they were not worried or scared why did they hold a mid night meeting trying to get bill to go back to another committee vote ?

Land owners had 21 people show up to oppose It
There was hundreds for it , from high school kids to 90 year old fisherman who spoke for his grand children !

The senators are listening !!
I promise


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  #68  
Old 04-12-2018, 08:49 PM
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Kinda like welfare haha. Landowners spend their own money in a lot of cases to better their land, then people who did zero work get free access.



Kind of an extreme example, but similar in a way. People don't like their hard earned tax money taking care of people who do nothing, but when it comes to the outdoors they want their Obama phone.


No it?s kind of like land owners using state money to serve a purpose on there ?private? land

Because without state water could those marshes Hold the value ?

Answer that question ?


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  #69  
Old 04-12-2018, 09:31 PM
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No it?s kind of like land owners using state money to serve a purpose on there ?private? land

Because without state water could those marshes Hold the value ?

Answer that question ?


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Why do they need state water to hold value? I would think property value would stay higher it the property wasn't for public use. if I had a piece of property that had really good fishing, is it worth more if only the landowner can fish or if the public can fish it as well? Why would someone want to buy a piece of property they have access to anyway?

Not every marsh out there is getting crazy help from taxpayer money like everyone tries to say. They probably get more help from DU and Delta and other organizations like those, and no one forces anyone to donate money to them.
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  #70  
Old 04-12-2018, 09:39 PM
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Originally Posted by noodle creek View Post
Why do they need state water to hold value? I would think property value would stay higher it the property wasn't for public use. if I had a piece of property that had really good fishing, is it worth more if only the landowner can fish or if the public can fish it as well? Why would someone want to buy a piece of property they have access to anyway?



Not every marsh out there is getting crazy help from taxpayer money like everyone tries to say. They probably get more help from DU and Delta and other organizations like those, and no one forces anyone to donate money to them.


All these marshes around us that are tidal feed will never levee off because of the ?Free? tidal flow

It?s not public land it?s public waters


Not sure why it?s hard to comprehend
It?s been like this in Texas , Fla , Miss , Bama ,
All the other coastal states .

I?m mean no one is going to try and take over anyone?s land or try to hunt it
You can not hold with anchor .
Can not touch bottoms .

It does not make a private marsh public it makes tidal waters accessible to the public because State of Louisiana has made clam in its laws
All tidal waters belong to the state


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  #71  
Old 04-13-2018, 08:17 AM
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Originally Posted by "W" View Post
So explain how this works in 49 other states and don?t in La ?

It will be a free for all
Free to float any tidal state owned waters .

If it has a influx of tidal water it will be subject for anyone to fish .


And I can navigate all day with my Trolling
Motor while fishing

This bill is not about fishing or hunting
It?s about using our own state waters

It?s simple
If you don?t want anyone on your so called lease., marsh etc
Use your own money and levee it off ...

Make it with our state owned waters

Again .... this movement has shook the Capitol
If they were not worried or scared why did they hold a mid night meeting trying to get bill to go back to another committee vote ?

Land owners had 21 people show up to oppose It
There was hundreds for it , from high school kids to 90 year old fisherman who spoke for his grand children !

The senators are listening !!
I promise


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There are some legitimate gripes out there. I know of 100% natural bayous that have been gated off (which is illegal btw), but what most people that are for this bill want is to be able to fish ALL waters that you can float a boat in, regardless of who owns the water bottoms. If that's what this bill is intending to do, it needs to be clearly written in there that you can FISH these waters. Not just NAVIGATE.

And just because a bunch of passionate people show up to show support doesnt mean it's right. There are marches on DC every single day with people passionate about being able to use whichever bathroom they want or wanting to marry their cousin or dog. Or passionate kids in Florida marching about gun control.

I agree with someone above saying this is like a bunch of Democrats trying to steal from someone with something and give it to someone else without compensation.

The bill AS WRITTEN is junk and opens up a huge pandoras box
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  #72  
Old 04-13-2018, 09:19 AM
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Kinda like the burns. Using tax payer money to levee/unlevee their marsh and charging people for a permit to pay for the quiptment and work we already paid for lol.
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  #73  
Old 04-13-2018, 09:39 AM
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Originally Posted by "W" View Post
All these marshes around us that are tidal feed will never levee off because of the ?Free? tidal flow

It?s not public land it?s public waters


Not sure why it?s hard to comprehend
It?s been like this in Texas , Fla , Miss , Bama ,
All the other coastal states .

I?m mean no one is going to try and take over anyone?s land or try to hunt it
You can not hold with anchor .
Can not touch bottoms .

It does not make a private marsh public it makes tidal waters accessible to the public because State of Louisiana has made clam in its laws
All tidal waters belong to the state


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If you've read all my comments you would see where I said there is a big difference between coastal marshes with majority open water vs marshes that are largely land with a few trails, canals to enter ponds off of some natural waterway.

What's done to this point is done, I don't agree with landowners using taxpayer money, but there is nothing anyone can do about that now. Not every canal you find was paid for with your money, and your couple dollars that may have gone to landowners that did have funding lack in comparison to the money they spend themselves I can assure you.

I completely agree that the public should be able to navigate natural waterways if they lead from one public area to another.
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  #74  
Old 04-14-2018, 09:14 AM
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Going to House Vote Tues 4/17



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  #75  
Old 04-14-2018, 12:55 PM
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I don’t know that it means anything, or will do any good. But this bill seems to be the only thing being done to maintain some access rights to public waters in the marsh. The reality that there have been completely natural marsh systems where access has been lost, because access is being run thru navigable waterways running thru someone’s personal land....and there’s a legal loophole allowing it don’t make it right.

I’m glad to hear that there have been amendments to the bill, that address the current lease system. But it seems like so many other things needs to be addressed before this “feel good” Bill is or isn’t enacted.

Does anyone know is there a real concerted effort to a stage where it becomes workable for more affected? Or is this the best that the state of Louisiana can come up with? Yeah I know we are not exactly known for our sensible and trustable politicians. ��
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  #76  
Old 04-14-2018, 03:55 PM
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I don?t know that it means anything, or will do any good. But this bill seems to be the only thing being done to maintain some access rights to public waters in the marsh. The reality that there have been completely natural marsh systems where access has been lost, because access is being run thru navigable waterways running thru someone?s personal land....and there?s a legal loophole allowing it don?t make it right.

I?m glad to hear that there have been amendments to the bill, that address the current lease system. But it seems like so many other things needs to be addressed before this ?feel good? Bill is or isn?t enacted.

Does anyone know is there a real concerted effort to a stage where it becomes workable for more affected? Or is this the best that the state of Louisiana can come up with? Yeah I know we are not exactly known for our sensible and trustable politicians. ��


My outlook is this
Something is better than nothing .
We are the only state that can call running water private due to an imagery line.

With the added amendments to this bill it is right on pace to work for everyone .
The duck hunters will get there privacy during duck season .
Land owners can keep collecting there 100k a year marsh leases .
And state can collect on permits by the land owners.
Win /Win for everyone !!

Make Louisiana sportsman Paridise Great Again !!


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  #77  
Old 04-14-2018, 04:13 PM
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Originally Posted by "W" View Post
My outlook is this
Something is better than nothing .
We are the only state that can call running water private due to an imagery line.

With the added amendments to this bill it is right on pace to work for everyone .
The duck hunters will get there privacy during duck season .
Land owners can keep collecting there 100k a year marsh leases .
And state can collect on permits by the land owners.
Win /Win for everyone !!

Make Louisiana sportsman Paridise Great Again !!


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Except you can?t stop and fish those waters. Only navigate through them. What part of the wording of the bill don?t y?all understand? This is NOT a win for fishermen. This is going to be a cluster once this passes. Gonna be nothing but fights on the water with those (security guards) who patrol for the big oil companies and land owners. You know, the ones who run fishermen off and call the sheriff dept on them.

Both sides are gonna be interpreting the law their own way. That?s why we need SPECIFIC wording in the bill. It does not have it. Our politicians arent going to do it. They want to be liked by both sides. (Please resume your normal Louisiana politics)
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  #78  
Old 04-14-2018, 07:03 PM
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Except you can?t stop and fish those waters. Only navigate through them. What part of the wording of the bill don?t y?all understand? This is NOT a win for fishermen. This is going to be a cluster once this passes. Gonna be nothing but fights on the water with those (security guards) who patrol for the big oil companies and land owners. You know, the ones who run fishermen off and call the sheriff dept on them.



Both sides are gonna be interpreting the law their own way. That?s why we need SPECIFIC wording in the bill. It does not have it. Our politicians arent going to do it. They want to be liked by both sides. (Please resume your normal Louisiana politics)


Navigate is fishing ... I navigate reefs all the time
Once this bill passes you will not get a fine or ticket for trespassing
Hell the ?patrol ? can wraps donuts around you all day long also ..
I know 3 guides with trespassing tickets right now in Cameron Parish
For fishing our tidal waters



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  #79  
Old 04-14-2018, 07:07 PM
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Nothing in Texas laws talk about fishing but they fish it 365 24/7



Q: What is considered a public stream?
A: In Texas a stream is public if it is "navigable in fact,"or" navigable by statute." There is no precise test for whether a stream is navigable in fact. The term is based on the idea of public utility. One court has observed that "[w]aters, which in their natural state are useful to the public for a considerable portion of the year are navigable."1

A stream is navigable by statute if it retains an average width of 30 feet from the mouth up.2 It is important to understand that the entire stream bed is to be included in the width, not just the area covered by water on a given day. A navigable stream may be dry part of the year, but does not lose its character as a navigable stream.

To complicate matters, some Texas land titles originated with Spanish or Mexican land grants, and the law of Spain and Mexico did not distinguish public and private streams on the basis of navigability. Streams were valued primarily as a source of water for household use and for irrigation, rather than a way to move people and goods. So when the sovereign granted land, perennial streams were retained for public use, regardless of navigability, so as to make as much land as possible capable of settlement.3 A stream is perennial if it flows most or all of the year. In determining the rights of holders of title under Mexican grants, the laws of Mexico in effect when the grants were made control.4 So in counties that contain Spanish or Mexican land grants, there are an unknown number of perennial streams which are public streams, even though they may not be navigable.

A: The Texas Supreme Court has stated that the bed of a stream is "that portion of its soil which is alternately covered and left bare as there may be an increase or diminution in the supply of water, and which is adequate to contain it at its average and mean stage during an entire year, without reference to the extra freshets of the winter or spring or the extreme drouths of the summer or autumn.5" Not clear? Again, the Texas Supreme Court: The streambed is that land between the "gradient boundary" on each bank. The gradient boundary is defined as "a gradient of the flowing water in the stream, and is located midway between the lower level of the flowing water that just reaches the cut bank and the higher level of it that just does not overtop the cut bank.6" Clear as mud? Blame it on those civil judges.




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  #80  
Old 04-14-2018, 07:37 PM
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Originally Posted by "W" View Post
Navigate is fishing ... I navigate reefs all the time
Once this bill passes you will not get a fine or ticket for trespassing
Hell the ?patrol ? can wraps donuts around you all day long also ..
I know 3 guides with trespassing tickets right now in Cameron Parish
For fishing our tidal waters



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I totally agree with you. But we?re talkinng about stupid Louisiana here.
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