|
|
Joined: Jan 2001
Posts: 29,804 Likes: 169
Freak of Nature
|
|
Freak of Nature
Joined: Jan 2001
Posts: 29,804 Likes: 169 |
I'm pretty sure it was but the statute of limitations has run out.
Lord, please help us get our nation straightened out.
|
|
|
|
|
Joined: Sep 2008
Posts: 622
4 point
|
|
4 point
Joined: Sep 2008
Posts: 622 |
Somebody find a legal definition of "navigable public waterway" otherwise known as a "navigable waterway".
I've asked everyone I can find with a badge and nobody has ever been able to provide me with a definition that appears to be a legal definition.
The question is what about creeks that cross private property. Landowner owns both banks and the creek bottom. You can float the creek but where logjams are in the creek you have to get out and either drag across them or portage around them. Are you trespassing when you get out of the boat? The waterway isn't navigable when the boat won't float any more.
I apologize if I have hijacked this thread. I look forward to your responses.
P.S. To address the question at hand. Carry a gun in the boat if you so desire. Shoot snakes (with or without feet) if the need arises and deal with the consequences.
You can lead a man to knowledge, but you can't make him think.
|
|
|
|
|
Joined: Aug 2009
Posts: 2,822
Member
|
|
Member
Joined: Aug 2009
Posts: 2,822 |
Originally posted by Driveby: Originally posted by drtrdspt: [b] THere are glitches to that as well Clem. You can't do it where the shore line is private property unless you have the property owners permission. BZzzzzzzz!!!! Wrong answer. If you are in your boat, it doesn't matter if the shoreline is private or public as long as you're at least 100 yards from a dwelling. The property owners do not own the water. If it's "navigable public waterways" you're just fine. [/b]We were talking about drift hunting squirrels. If you shoot a squirrel and he falls on someone elses property you have to "trespass" on that persons property to recover him. Thats the glitch about drift hunting squirrels. :p
|
|
|
|
|
Joined: Sep 2004
Posts: 37,407 Likes: 69
Freak of Nature
|
|
Freak of Nature
Joined: Sep 2004
Posts: 37,407 Likes: 69 |
unless the skwerl is flying like a duck it would be illegal to shoot said skwerl w/o landowner permission. The tree is on someones property, so is the skwerl.
troy
I've spent most of the money I've made in my lifetime on hunting and fishing. The rest I just wasted.....
proud Cracker-Americaan
muslims are like coyotes, only good one is a dead one
|
|
|
|
|
Joined: Dec 2002
Posts: 52,264 Likes: 18
Mildly Quirky
|
|
Mildly Quirky
Joined: Dec 2002
Posts: 52,264 Likes: 18 |
unless the skwerl is flying like a duck it would be illegal to shoot said skwerl w/o landowner permission. The tree is on someones property, so is the skwerl.
Exactly.
So you'd be a dirty poacher along with a no-good trespasser.
Carry a gun in the boat if you so desire. Shoot snakes (with or without feet) if the need arises and deal with the consequences.
We will continue to do so, as has been done for a long time.
"Hunting Politics are stupid!" - Farm Hunter
"Bible says you shouldn't put sugar in your cornbread." Dustin, 2013
"Best I can figure 97.365% of the general public is a paint chip eating, mouth breathing, certified dumbass." BCLC, 2020
|
|
|
|
|
Joined: Feb 2007
Posts: 4,231
10 point
|
|
10 point
Joined: Feb 2007
Posts: 4,231 |
Originally posted by huntnfish2: Somebody find a legal definition of "navigable public waterway" otherwise known as a "navigable waterway".
I've asked everyone I can find with a badge and nobody has ever been able to provide me with a definition that appears to be a legal definition.
The question is what about creeks that cross private property. Landowner owns both banks and the creek bottom. You can float the creek but where logjams are in the creek you have to get out and either drag across them or portage around them. Are you trespassing when you get out of the boat? The waterway isn't navigable when the boat won't float any more.
I apologize if I have hijacked this thread. I look forward to your responses.
P.S. To address the question at hand. Carry a gun in the boat if you so desire. Shoot snakes (with or without feet) if the need arises and deal with the consequences. This really needs its own thread. I would like to get some "educated" opinions on this question. I was reading a thread from another state about flyfishing. The question gets even murkier when someone is wade fishing.
"When there was no fowl, we ate crawdad, when there was no crawdad, we ate sand."
"YOU ATE SAND!" - Raising Arizona
|
|
|
|
|
Joined: Sep 2008
Posts: 622
4 point
|
|
4 point
Joined: Sep 2008
Posts: 622 |
You can lead a man to knowledge, but you can't make him think.
|
|
|
|
|
Joined: Feb 2008
Posts: 5,456
12 point
|
|
12 point
Joined: Feb 2008
Posts: 5,456 |
Originally posted by huntnfish2: Shoot snakes (with or without feet) if the need arises and deal with the consequences. [/QB] And what would the consequences be? According to this thread and what I have been told, there would be NO consequences if I shot a snake from the boat.
|
|
|
|
|
Joined: Aug 2009
Posts: 2,822
Member
|
|
Member
Joined: Aug 2009
Posts: 2,822 |
Originally posted by Little Foot: Originally posted by huntnfish2: Shoot snakes (with or without feet) if the need arises and deal with the consequences. And what would the consequences be? According to this thread and what I have been told, there would be NO consequences if I shot a snake from the boat. [/QB]Dam littlefoot, It would depend on where you was at when you shot him and your proximity to others at the time. IF you were in the limits of a city that had a no shooting ordinance you could get a ticket for discharging a fire arm in the city limits. If other people were in the area you could get a ticket for reckless endangerment. No one around, not in city limits, fire away, killum all.
|
|
|
|
|
Joined: Dec 2002
Posts: 52,264 Likes: 18
Mildly Quirky
|
|
Mildly Quirky
Joined: Dec 2002
Posts: 52,264 Likes: 18 |
Defining navigable waters is a constant question for canoers and kayakers as well.
Here is some info from the American Whitewater Association:
http://www.americanwhitewater.org/content/Wiki/access:al
"Hunting Politics are stupid!" - Farm Hunter
"Bible says you shouldn't put sugar in your cornbread." Dustin, 2013
"Best I can figure 97.365% of the general public is a paint chip eating, mouth breathing, certified dumbass." BCLC, 2020
|
|
|
|
|
Joined: Apr 2007
Posts: 3,633
10 point
|
|
10 point
Joined: Apr 2007
Posts: 3,633 |
Originally posted by BhamFred: unless the skwerl is flying like a duck it would be illegal to shoot said skwerl w/o landowner permission. The tree is on someones property, so is the skwerl.
troy hold on, what if said skwerl is in a tree that hangs over the water, the skwerl is over the water and will land in it but the tree is on someone's property? Or, what if the tree's base goes into the water? Could I shoot the skwerl then 
"The aggies are going to destroy bama" Burbank
|
|
|
|
|
Joined: Sep 2004
Posts: 37,407 Likes: 69
Freak of Nature
|
|
Freak of Nature
Joined: Sep 2004
Posts: 37,407 Likes: 69 |
only if the roots are floating and not touching bottom 
I've spent most of the money I've made in my lifetime on hunting and fishing. The rest I just wasted.....
proud Cracker-Americaan
muslims are like coyotes, only good one is a dead one
|
|
|
|
|
Joined: Dec 2002
Posts: 3,077
10 point
|
|
10 point
Joined: Dec 2002
Posts: 3,077 |
Owner's property stops at the water's edge unless otherwise given a permit. 
|
|
|
|
|
Joined: Feb 2007
Posts: 26,832 Likes: 178
Freak of Nature
|
|
Freak of Nature
Joined: Feb 2007
Posts: 26,832 Likes: 178 |
Each waterway is different, TVA owns a lot of land around larger streams and the TN river. Mostly the land is flood plane.
“Socialism only works in two places: Heaven where they don't need it and hell where they already have it.” ― Ronald Reagan
|
|
|
|
|
Joined: Dec 2002
Posts: 52,264 Likes: 18
Mildly Quirky
|
|
Mildly Quirky
Joined: Dec 2002
Posts: 52,264 Likes: 18 |
Owner's property stops at the water's edge unless otherwise given a permit.
Unless the waterway is non-navigable, as defined by the laws.
"Hunting Politics are stupid!" - Farm Hunter
"Bible says you shouldn't put sugar in your cornbread." Dustin, 2013
"Best I can figure 97.365% of the general public is a paint chip eating, mouth breathing, certified dumbass." BCLC, 2020
|
|
|
|
|
Joined: Sep 2008
Posts: 622
4 point
|
|
4 point
Joined: Sep 2008
Posts: 622 |
Originally posted by Clem: Defining navigable waters is a constant question for canoers and kayakers as well.
Here is some info from the American Whitewater Association:
http://www.americanwhitewater.org/content/Wiki/access:al Good link Clem. Most complete collection of information I've ever seen. Thanks
You can lead a man to knowledge, but you can't make him think.
|
|
|
|
|
Joined: Sep 2003
Posts: 3,508
10 point
|
|
10 point
Joined: Sep 2003
Posts: 3,508 |
1) shooting a snake isn't hunting, it's personal/family defense. 2) even if it was hunting, there is no closed season on snakes. 3) if I am inside the city limits and fear for my family's safety I will shoot no matter whose land I am on or who is nearby. 4)common sense ain't so common anymore. 
|
|
|
|
|
Joined: Dec 2002
Posts: 3,077
10 point
|
|
10 point
Joined: Dec 2002
Posts: 3,077 |
Originally posted by kendall: 1) shooting a snake isn't hunting, it's personal/family defense.
2) even if it was hunting, there is no closed season on snakes.
3) if I am inside the city limits and fear for my family's safety I will shoot no matter whose land I am on or who is nearby.
4)common sense ain't so common anymore. 1) Shooting a snake is hunting as defined by the state of Alabama. 2) You are correct, but this is a moot point. 3) I am right there with you! 4) No it isn't.
|
|
|
|
|
Joined: Sep 2004
Posts: 37,407 Likes: 69
Freak of Nature
|
|
Freak of Nature
Joined: Sep 2004
Posts: 37,407 Likes: 69 |
so if you have a gun in the boat with the intent to shoot a snake, do you have to have a current hunting license in possession??? ya'll are cracking me up 
I've spent most of the money I've made in my lifetime on hunting and fishing. The rest I just wasted.....
proud Cracker-Americaan
muslims are like coyotes, only good one is a dead one
|
|
|
|
|
Joined: Jan 2004
Posts: 4,221
10 point
|
|
10 point
Joined: Jan 2004
Posts: 4,221 |
Well, every one of you have missed the main point here.
It is 100% illegal to shoot a snake ANYWHERE in Alabama. Snakes are not legal game animals.
Most won't write a ticket for it but it's been done before.
BTR Scorer in NW Alabama
|
|
|
|
|