CAUGHT WORD FROM A FEW PEOPLE AND CONFIRMED WITH TPWD. A MEETING WAS HELD AT FALCON LAKE AND TACKLE REGARDING ALLIGATOR GAR HARVEST BY BOW-FISHERMAN DURING THE SPAWNING MONTHS. NEW REGULATIONS ARE HEADED OUR DIRECTION POSSIBLY SHUTTING OFF HARVEST COMPLETELY DURING MONTHS OF SPAWN. Just spreading the word anyone catch wind of this yet.
*NEW* ALLIGATOR GAR RESTRICTIONS FOR TX BOWFISHERMEN
sotexfishstick
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There are some that believe Kirkland is a traitor too, but from what i hear, he don't give a tinkers damn whether they die or not. Yeah he was a commercial fisherman, maybe still is, but he could care less if R&R catch and release or not, from what I hear. Mostly because we know he and some others have private lakes where they manage them themselves.
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12,040 Posts
Private lakes...I'm glad you reminded me of that...let's use our imagination here...I can't remember what year it was but I remember when they passed the law that it was against the law to go anywhere your boat could go when then river floods...now your trespassing right? That's what the law told me...so if gador gar are spawning in in the flood zone" and you shoot one "in the flood zone" you were trespassing already and took wild game on no permission to hunt property...but...theoretically..if the trinity river floods into my lake and is introducing trash fish in my bass pond stocked with Florida bass I can poison them shock then gill net them, or drain that mother all the way dry and kill every fish in it....period...so...
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And the messed up thing is...I have been told by a game warden " if you didn't see a fence or a no trespassing sign have at it" then another game warden tell me..."I don't care if your boat sunk and your walking back to the boat ramp, your trespassing you better swim back" and another " it's fine as long as your not duck hunting"... and another " if I have to come look for your dead body because you were stupid enough to go boating during a flood..you better not have family that I have to deliver the good news to"
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2,854 Posts
i was told you could go anywhere during a flood becasue your still in the "river". so i could float over your private lake and catch your florida bass and leave. Has this law changed?????
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12,040 Posts
Yea as of 2004 I think...I could press trespassing charges on you.
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I forgot the name of the law but it was 2004. When I studied for my surveying test, I read about a woman pressing charges on a surveyor because he shot his "invisible laser" <--(dr. evil voice) across her yard. I can't remember all the details but she won and they ruled it trespassing over her air space. Even though nobody stepped foot on her land. It's the same as if you shoot a gun and your bullet travels over someone else's property.
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Not quite right Brady. The law that changed ONLY applies to hunting. Bowfishing is by definition "fishing" since only a fishing lic is required to do it. No violation.
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I only saw that episode of river monsters once and may have been half drunk so I may not remember it perfectly...I apologize if my post flamed the wrong guy. Aww hell like you guys care what this yankee said anyway. 
But I do want to watch that episode again; I'm gonna check if it's on netflix.
But I do want to watch that episode again; I'm gonna check if it's on netflix.
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2,349 Posts
Interesting Steve, I didn't know that.
If someone finds the law, let's post it. I was under
the impression that you were trespassing if you went higher
than gradient boundary in a navigable stream, period.
Kind of goes hand in hand with the purple paint law, I think that
is new to Texas.
If someone finds the law, let's post it. I was under
the impression that you were trespassing if you went higher
than gradient boundary in a navigable stream, period.
Kind of goes hand in hand with the purple paint law, I think that
is new to Texas.
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4,329 Posts
i think in ark. you can motor from a river into a lake and its legal just don,t get out on the bank just take a bucket with you.
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2,258 Posts
Criminal Trespass
For assistance with accessibility on any TPWD documents, please contact accessibility@tpwd.state.tx.us
As part of the navigation right, one may use the bed and, to a limited degree, the banks of a navigable stream. However, the use of the private property adjacent to a stream can be a criminal trespass.
Under Texas Penal Code § 30.05 (see below), the definition of criminal trespass is more complex than the simple notion of being on someone else’s land. One way to commit the offense is to enter upon another’s property even though one has notice that the entry is forbidden. Another way is to remain on another’s property, refusing to leave after receiving notice to depart.
Notice can be given in any one of five forms. First, it can be an oral or written communication by the owner or someone acting for the owner. Second, it can be a fence or other enclosure obviously designed to exclude intruders or to contain livestock. Third, notice can be in the form of sign(s) posted on the property or at the entrance to the building, reasonably likely to be noticed, indicating that entry is forbidden. Fourth, notice can be in the form of readily visible purple paint marks of proper size and placement on trees or posts spaced no more than 100 feet apart on forest land or 1,000 feet apart on non-forest land. Fifth, notice can be the visible presence on the property of a crop grown for human consumption that is under cultivation, in the process of being harvested, or marketable if harvested at the time of entry.
Criminal trespass is normally a Class B misdemeanor with a fine up to $2,000 and a jail term up to 180 days. If the trespass is on agricultural land, and the trespasser is apprehended within 100 feet of the boundary of the land, the offense is a Class C misdemeanor with a fine up to $500. Agricultural land is broadly defined and includes land suitable for growing plants (for food, feed, fiber, seed, etc.) or trees or for keeping farm or ranch animals. However, under certain conditions including if one has a deadly weapon on or about one’s person the offense is a Class A misdemeanor with a fine up to $4,000 and a jail term up to one year.
State Law
Penal Code § 30.05. Criminal Trespass.
(a) A person commits an offense if he enters or remains on or in property, including an aircraft or other vehicle, of another without effective consent or he enters or remains in a building of another without effective consent and he:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.
(b) For purposes of this section:
(1) “Entry” means the intrusion of the entire body.
(2) “Notice” means:
(A) oral or written communication by the owner or someone with apparent authority to act for the owner;
(B) fencing or other enclosure obviously designed to exclude intruders or to contain livestock;
(C) a sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden;
(D) the placement of identifying purple paint marks on trees or posts on the property
In Motl v. Boyd, 116 Tex. 82, 286 S.W. 458, 467 (1926), the Texas Supreme Court used language much like that used by the U.S. Supreme Court to describe the bed and the bank of a stream:
A water course, river, or stream consists of a bed, banks, and a stream of water. ... The bed of a stream is that portion of its soil which is alternatively 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. ... The banks of a stream or river are the water washed and relatively permanent elevations or acclivities at the outer lines of the river bed which separate the bed from the adjacent upland, whether valley or hill, and served to confine the waters within the bed and preserve the course of the river when they rise to the highest point at which they are still confined to a definite channel.
For assistance with accessibility on any TPWD documents, please contact accessibility@tpwd.state.tx.us
As part of the navigation right, one may use the bed and, to a limited degree, the banks of a navigable stream. However, the use of the private property adjacent to a stream can be a criminal trespass.
Under Texas Penal Code § 30.05 (see below), the definition of criminal trespass is more complex than the simple notion of being on someone else’s land. One way to commit the offense is to enter upon another’s property even though one has notice that the entry is forbidden. Another way is to remain on another’s property, refusing to leave after receiving notice to depart.
Notice can be given in any one of five forms. First, it can be an oral or written communication by the owner or someone acting for the owner. Second, it can be a fence or other enclosure obviously designed to exclude intruders or to contain livestock. Third, notice can be in the form of sign(s) posted on the property or at the entrance to the building, reasonably likely to be noticed, indicating that entry is forbidden. Fourth, notice can be in the form of readily visible purple paint marks of proper size and placement on trees or posts spaced no more than 100 feet apart on forest land or 1,000 feet apart on non-forest land. Fifth, notice can be the visible presence on the property of a crop grown for human consumption that is under cultivation, in the process of being harvested, or marketable if harvested at the time of entry.
Criminal trespass is normally a Class B misdemeanor with a fine up to $2,000 and a jail term up to 180 days. If the trespass is on agricultural land, and the trespasser is apprehended within 100 feet of the boundary of the land, the offense is a Class C misdemeanor with a fine up to $500. Agricultural land is broadly defined and includes land suitable for growing plants (for food, feed, fiber, seed, etc.) or trees or for keeping farm or ranch animals. However, under certain conditions including if one has a deadly weapon on or about one’s person the offense is a Class A misdemeanor with a fine up to $4,000 and a jail term up to one year.
State Law
Penal Code § 30.05. Criminal Trespass.
(a) A person commits an offense if he enters or remains on or in property, including an aircraft or other vehicle, of another without effective consent or he enters or remains in a building of another without effective consent and he:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.
(b) For purposes of this section:
(1) “Entry” means the intrusion of the entire body.
(2) “Notice” means:
(A) oral or written communication by the owner or someone with apparent authority to act for the owner;
(B) fencing or other enclosure obviously designed to exclude intruders or to contain livestock;
(C) a sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden;
(D) the placement of identifying purple paint marks on trees or posts on the property
In Motl v. Boyd, 116 Tex. 82, 286 S.W. 458, 467 (1926), the Texas Supreme Court used language much like that used by the U.S. Supreme Court to describe the bed and the bank of a stream:
A water course, river, or stream consists of a bed, banks, and a stream of water. ... The bed of a stream is that portion of its soil which is alternatively 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. ... The banks of a stream or river are the water washed and relatively permanent elevations or acclivities at the outer lines of the river bed which separate the bed from the adjacent upland, whether valley or hill, and served to confine the waters within the bed and preserve the course of the river when they rise to the highest point at which they are still confined to a definite channel.
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Knew you'd find it quick.
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2,854 Posts
im still confused.................
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2,767 Posts
Not if you can navigate it without cutting a fence. The new law specifically prohibits hunted over flooded land but not fishing.
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2,258 Posts
Post it on here so we don't have to go look for it.
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2,767 Posts
streambed onto or over the adjacent private property.21 Additionally, if the animal or bird escapes to or falls on private property adjacent to the water, the hunter is faced with a dilemma: Retrieve the animal and risk committing the offense of trespass, or stay within the area open to the public and risk committing the offense of waste of game or failure to retrieve.22 It is not lawful to hunt on or over private land that is flooded by a public stream, if the submerged private land is properly posted.23
Note...the language only addresses hunting and not fishing.
Note...the language only addresses hunting and not fishing.
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2,258 Posts
So you just pick what part you want to hear? LOL What about the paragraph right before that one?!?
This is straight from TPWD page.
Q: What is it legal to do in a public lake/stream?
A: Texas courts have recognized that a member of the public may engage in a variety of activities in, on, and along a public lake or stream. Besides boating, persons may swim, float, walk, wade, picnic, camp, and (with a license) fish.17 These activities must be confined to the waters of the lake or stream and the streambed. The public does not have the right to cross private property to get to or from public water.18 In fact, that can constitute criminal trespass, if the other elements of the offense are present. With some exceptions, driving a motor vehicle in the bed of a navigable stream is prohibited, other than the Canadian River and the Prairie Dog Town Fork of Red River.
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2,258 Posts
and this is the paragraph right after it:
Q: May a boater on a navigable stream lawfully go onto private land to check out or portage around an obstruction or hazard?
A: Navigable streams will sometimes have obstructions or hazards such as dams or log jams. For safety's sake, a boater must get out and scout to see if there is a safe route through. And sometimes it is necessary to portage the hazard or obstruction - carry the boat and gear around it on a reasonable, safe route.24 Navigation of the state's inland and coastal waters is one of several "public rights and duties" declared by the Texas Constitution.25 A right of portage has been recognized as a necessary part of the right of navigation in some other states, but there is no clear authority in Texas. The portage issue implicates the criminal trespass statute, and possibly the defense of necessity.
Q: May a boater on a navigable stream lawfully go onto private land to check out or portage around an obstruction or hazard?
A: Navigable streams will sometimes have obstructions or hazards such as dams or log jams. For safety's sake, a boater must get out and scout to see if there is a safe route through. And sometimes it is necessary to portage the hazard or obstruction - carry the boat and gear around it on a reasonable, safe route.24 Navigation of the state's inland and coastal waters is one of several "public rights and duties" declared by the Texas Constitution.25 A right of portage has been recognized as a necessary part of the right of navigation in some other states, but there is no clear authority in Texas. The portage issue implicates the criminal trespass statute, and possibly the defense of necessity.
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2,767 Posts
Jace, you may be misunderstanding me. Im not talking about trespassing to get there. Im talking about navigating from a public stream, by navigating stream waters, over flooded property without crossing obvious barriers to fish. It is perfectly legal to fish a flooded cow pasture but not to shoot ducks over it according to the new law. Nothing in what you posted prohibits that in any way and game wardens are very much aware of this.
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