# blocking a river mouth



## trophy18 (Aug 14, 2011)

Its getting that time of year for the mob of people to block the mouths of the rivers in they bay. (primarily for myself the AuGres river)...... why is it not illegal to anchor in the mouth of the river???? i have a bigger boat and am not going to run my rig close to the rocks no matter who i make mad.....Isnt that blocking a navigatable waterway......its been going on for as long as i can remember and is always a terrible fight in the spring....Legal??? Not????? never heard of anyone getting a ticket for anchoring across but i FIRMLY belive they should give tickets for it......


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## GuppyII (Sep 14, 2008)

Yes they can and should get tix for obstruction of a navigable waterway. They need to move, call the coasties, they will be glad to make a run up there and patrol it. I used to have their number but I believe its in the book. Too bad we can't just smoke em with paintballs or something.


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## GuppyII (Sep 14, 2008)

989-892-0556 or 7009


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## trophy18 (Aug 14, 2011)

GuppyII said:


> Yes they can and should get tix for obstruction of a navigable waterway. They need to move, call the coasties, they will be glad to make a run up there and patrol it. I used to have their number but I believe its in the book. Too bad we can't just smoke em with paintballs or something.


 

i just saved it in my phone......thanks, thats what i thought as well, but my only thing is is they shouldent be able to anchor but without the bouys put in i dont think anyone one could be stopped from trolling across the front?


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## trophy18 (Aug 14, 2011)

Blocking the river has half started already.....even with only 3 boats in the mouth and mud blowwing outta the river:rant:


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## Boozer (Sep 5, 2010)

Define navigable waterway...

Virtually no rivers in Michigan are documented as navigable...

While there are many rivers that would be deemed navigable if it ever went to court, they are not navigable until it goes in front of a judge, therefore someone cannot be ticketed for blocking a navigable waterway that is not already a documented navigable waterway...

For example, a large tributary of the St. Joseph River here that is fished a lot. Many people assume it is navigable and therefore they can legally exit the river to go around obstructions on the private land which it flows through, however, it is not technically navigable in writing, therefore that rule does not apply and they can be ticketed for trespassing. What it would take to have it deemed navigable is a person getting a trespassing ticket for doing the above and fighting it in court, if the judge ruled it fit the guidelines of being navigable, they would win and from there on out, the river would be considered navigable, until then, it is not...

Not sure about this river in particular as I have never seen it, but if 3 boats can block off the mouth of the river, it may not be documented as navigable.


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## dead short (Sep 15, 2009)

I think about that differently. If it has not been deemed navigable or declared non-navigable than it is untested. I would not issue tickets for trespass unless it has been declared non-navigable. 

This has been discussed on here many times, various locations. 

Posted from my iPhone.


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## Boozer (Sep 5, 2010)

dead short said:


> I think about that differently. If it has not been deemed navigable or declared non-navigable than it is untested. I would not issue tickets for trespass unless it has been declared non-navigable.
> 
> 
> Posted from my iPhone.


Well, the way I stated it is the way the CO's in my area have been instructed to look at it. So, that's the way I look at it...

Even the MDNR declares it's a enter at your own risk sort of thing and if ticketed, it's up to you to prove in court the watershed is navigable. They feel it would be deemed that way, but declare they have zero say in the matter and it would be completely up to the Judge to decide...

Like I said though, the mouth of the AuGres may be totally different, I know nothing about that locale...


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## dead short (Sep 15, 2009)

Where exactly is your area? I thought you were innocent until proven guilty. 


Posted from my iPhone.


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## Boozer (Sep 5, 2010)

dead short said:


> Where exactly is your area? I thought you were innocent until proven guilty.
> 
> 
> Posted from my iPhone.


Southwest Michigan...

The river I am referencing is the Dowagiac River. It's almost the size of the P.M. but has never been deemed navigable nor has it been deemed non-navigable. Due to that reason, when I inquired with both my local CO's and Jay Wesley of the MDNR, that was the answer I was given. 

If a land owner reported me for trespassing and had proof I was, even if I did just step out of the river for long enough to get around an obstruction, they would have to ticket me and it would be up to me to prove that the river is navigable in order for the charges to be dropped. 

There was at one time a canoe livery operating on the river, which would help my case that it is indeed navigable, but there is a grey area as the canoe livery is no longer in business. So, while the MDNR says if I was given a trespassing ticket they would suggest I fight it, there is no guarantee I would win based on the fact, it is totally up to the judge to determine if the river is navigable.

Personally, I take the chance, I don't abuse it and stay in the river when I can, but I do understand I am taking a risk. I don't think the landowners really care as long as you don't get stupid about it, but the fact is, there is a risk should one get a bug up their butt one day and report you.


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## dead short (Sep 15, 2009)

Huh, that's interesting. Nice Redfish.


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## Robert Holmes (Oct 13, 2008)

Look into the history of the river that in itself is what will best support your case. Was it once used to float or mill logs? Was there a flour mill on it at one time? Was it used for commercial trapping or trading. Is or was there a hydroelectric dam on the river at one time?


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## trophy18 (Aug 14, 2011)

not sure if any of u guys have fished outta the AuGres in the spring but if you dont make it out by 3 the anchorer"s have got it pretty well blocked off and WILL NOT MOVE....i got a bigger boat and i AM NOT RUNNING in the rocks to get out.......blocking the river is gonna get ya in trouble it my book hopefully If not im gonna have to be THAT GUY that blows trough on plane through everyone just not to hit bottom,,,,,,,.......I am NOT WILLING TO RISK THE ROCKS.....just get the H*** outta the way, u can still cast without blocking the river:rant::rant:


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## limige (Sep 2, 2005)

I agree leave the center clear. Stay to the sides. I will slow down and push boats outta the way by hand if they are too stupid to leave a clear channel.


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