West Cove Marsh

[dances_with_reds]

Anyone get back into the marsh this weekend? Thinking of going tomorrow and wondered if there was enough water back there and if the water looked good...

[boatdriver]

Just be careful you don't get caught on someone else's property. Lots of private property south of the cove. Just beware of who owns what. Just giving you a heads up.

BD

[RAGINJROB]

Thought that was all Sabine Marsh?

[boatdriver]

Originally Posted by RAGINJROB

Thought that was all Sabine Marsh?

It's all Sabine refuge on the very west side of the cove. The only public cuts you can legally fish are the 3 on the north bank of the cove. Every cut on the south bank is owned by Apache. But, all the marsh bordering Oyster Lake is private owned or leased.

[RAGINJROB]

Thanks.. that's what I was referring to. Marsh off the W Cove canal

[copperbass]

I know a person /company etc. can own or lease land or a land locked pond or lake but how can anyone own or lease free flowing water that belongs to everyone?

[Capt.B]

Originally Posted by copperbass

I know a person /company etc. can own or lease land or a land locked pond or lake but how can anyone own or lease free flowing water that belongs to everyone?

It's not the water ways they lease its the area in which the water ways travel that they lease...they set boundries and that area is private property just as if you would be on a duck lease or a deer lease. Except in Cameron parish they do not have to put up fence nor do they have to place posted signs. And they don't take "I didn't know" to kindly....but as a Padna of mine said "they'd have to catch me!!"j/j lmao

[Ray]

Navigable waterways are different than man made canals.
Canals on private land are private property.
Navigable waterways are mostly natural rivers and lakes or some man made bodies of water like Toledo Bend and the Tenn/Tom Waterway, Erie Canal, Intercoaster Canal...

In La, the landowner has rights to the land all the way to the mean low water mark. So if the navigable waterway waters go over the land owners land, you cannot fish that water. In other states, you can fish the waters, no matter how far it goes onto private property.

[Keywest18]

so what your saying is he just owns it to the low tide level?so say during high tide it went over his property and that was the only way to pass you couldnt?forgive me if that sounds stupid but im not familiar with la regulations just yet

[boatdriver]

In LA, you can actually put a gate across a waterway. Navigable or manmade. Lots of private marshes west of Hackberry have them. And to answer your question Cody, legally, you would be tresspassing. But, I'm sure if you were honest and just passing through, it wouldn't be a problem.

[Keywest18]

oh wow thats ridiculous,i dont think ill have a problem with that i wont make it far enough out,i bet theyd make a killing if they took tolls lol

[Ray]

There are a lot of gates across private canals on Black Bayou, but never seen one across a navigable waterway. That is not legal. You have to be able to navigate.
Only people who can cut off a navigable waterway is a gov't service. Not private individuals.
Maybe a natural waterway, but not a navigable waterway.

[Ray]

In the latest, and one of the most significant, challenges to angler access in recent years, the U.S. District Court for the Western District of Louisiana has ruled that anglers do not have the state or federal common law right to fish and hunt on the Mississippi River up to the high-water mark when it floods privately owned land.
In Parm v. Shumate (Civil Action No. 01-2624), Normal Parm, Jr., and four others were fishing a section of the Mississippi River between the ordinary high- and low-water marks when the owner of the adjacent land, Walker Cottonwood Farms, contacted the local sheriff and had Parm arrested and charged with trespass.
The court found that although Walker Cottonwood Farms' privately owned property (the area between the ordinary low and ordinary high stage of water) is subject to public use because it is a bank of the Mississippi River, fishing and hunting were not among the permitted uses. Only those "activities that are incidental to the navigable character of the Mississippi River and its enjoyment as an avenue of commerce" are permitted.
This would include "all legitimate purposes of travel or transportation, for boating or sailing for pleasure, as well as for carrying persons or property for hire," but not for fishing or hunting. An appeal to the Fifth U.S. Circuit Court of Appeals is planned, and BASS, with the help of our partners in conservation, has taken a leadership role to protect your rights to fish on public waters.

[bluewing]

It pretty bad around leeville and grand isle marsh too.