Re: NANFA-L-- Pictures of fish from Trinity River Basin, 7/4

dlmcneely-in-lunet.edu
Fri, 07 Jul 2006 11:05:11 -0500

Dan, just a caution, which you probably don't need. Courts in Texas
have held that posting of "No Trespassing" signs is unnecessary for the
enforcement of trespass laws. Property owners in Texas tend to jump
first, then ask questions. You are within your rights if you enter a
navigable stream from the public right-of-way, but you must remain in
the stream, and not step beyond the first berm. If the stream isn't
navigable, it is private property itself. Texas holds that a navigable
stream is one that averages 30' wide in average wetted bed from the
point in question to its mouth. That is different from the Corps of
Engineers definition of a body of water which will support a watercraft
(thus a stream that will support a canoe is navigable to the Corps, but
may not be in Texas courts).

Many Texas landowners don't bother to learn the law concerning
navigable streams, and will use force to evict persons they consider to
be trespassing, even when they are not.

However, many landowners, if contacted prior to entry, will cooperate
with persons who are simply enjoying nature. I have even found them to
be quite interested in learning about the fish in "their" creeks.

Dave

David L. McNeely, Ph.D., Professor of Biology
Langston University; P.O. Box 1500
Langston, OK 73050; email: dlmcneely-in-lunet.edu
telephone: (405) 466-6025; fax: 405) 466-3307
home page http://www.lunet.edu/mcneely/index.htm

"Where are we going?" "I don't know, are we there yet?"

----- Original Message -----
From: Dan Johnson <danjohns-in-io.com>
Date: Friday, July 7, 2006 9:12 am
Subject: Re: NANFA-L-- Pictures of fish from Trinity River Basin, 7/4
> Hi Mike,
>
> The location is in north-central Liberty County near the very
> small town
> of Rayburn. You will see a creek cross on C.R. 2185 approximately 1/2
> mile South of Jct. C.R. 2184. There is also a cleared right of
> way some
> distance south on 2185. Don't have a distance. Maybe 1-2 miles. The
> area may be private property, but there are no "no trespassing" signs
> and no fences, so I went ahead...
>
> Where are you located? Do you collect in this area much?
>
> --Dan
>
> Michael Sandel wrote:
> >
> > Dan,
> >
> > I have been waiting for you to post pics like these (swamp
> fish). Great job. Would you mind sending me your locality info
> offlist. I spent two days in the Trinity drainage, and found only
> one Elassoma zonatum. Most of the museum localities for this
> species have been altered, (usually by beef farms).
> >
> > Mike
> >
> > Dan Johnson <danjohns-in-io.com> wrote:
> > Hi everyone,
> >
> > Fishing in George Bush's state is still fully legal as far as I can
> > tell... Here's a link to a report on fish I found NE of Houston
> > yesterday:
> >
> > http://www.io.com/~danjohns/fish/liberty.html
> >
> > --Dan
> > /----------------------------------------------------------------
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