Trespassing
The cardinal rule of stream fishing is: Always ask permission!
Defining trespass can be controversial. The landowner who owns and pays taxes on property may have a different perspective from the visiting angler who would like to fish the stream along the landowner’s frontage.
In 1954, the Missouri Supreme Court ruled on a case known as Elder vs. Delcour. The ruling affirmed that there is a public right to fish the Meramec River, but it has been extended to other float streams as well.
Incidental activities related to fishing such as portaging around difficult water or obstructions, wading and other use of the banks immediately adjacent to the stream were also affirmed. In order for floaters to be in compliance with the law, they must gain access to the river by way of a public access or through the permission of a landowner.
Landowners have generally accepted the passage of considerate anglers on streams that have a history of floating. As you move farther upstream into the headwaters, you may not experience the same tolerance. The best solution is to be a good neighbor and obtain permission before wade fishing along private property that is not obviously floatable.
Obviously floatable means the stream segments that have property maintained for the purpose of allowing public access to the stream, such as Missouri Department of Conservation access sites. Obtaining legal access does not eliminate your responsibility to respect private property while fishing or floating. The majority of Missouri’s stream frontage is privately owned. The establishment of a Special Black Bass Management Area does not automatically give an angler the right to trespass on privately owned stream frontage.
Generally, landowners are very supportive of the Department’s effort to better manage the fishery. Landowners become concerned about potential trespass problems when attention is focused on streams that flow through their property. Please, always be respectful to stream landowners.
