Missouri navigable waterway laws

[rixdafix]

Trying to stay legit with my collecting, I contacted a very nice lady with the Department of Conservation who replied and also forwarded my email to the Department of Natural Resources. My question was regarding surface collecting on river sand bars in the State of Missouri. Here are the replies, first from the Department of Conservation.
"Picking up artifacts isn’t always legal. In some cases, state or federal laws protect archaeological sites’ cultural and scientific value. However, this value is greatly diminished after erosion removes an object from its original location. Arrowheads and bison skulls found on sandbars are still of interest to those who study such things, but their scientific value is minimal.
Brant Vollman, an archaeologist with the Missouri Department of Natural Resources, said that while it may be legal to collect artifacts on river sandbars, collectors must be careful not to wander onto private land. The Missouri River is public property, but public ownership extends only as high as the ordinary low-water mark on banks."
And the reply from the Missouri Department of Natural Resources.
"Our opinion is that it is legal to collect non-shipwreck related artifacts from sandbars and cutbanks up to the “high water mark” of navigable State of Missouri waterways. However, it is usually illegal to collect anything from navigable Missouri waterways that are shipwrecks-related and that this could constitute a Class A misdemeanor."
So, Conservation Dept. says ordinary low water mark on Missouri River and DNR says high water mark of any navigable waterway. Navigable in both cases usually means you can float a raft or canoe down it without any problems.
I thought it was very nice of them to reply (and quickly too) and thought I would share this info.
By the way, this pertains to surface collecting only. NO DIGGING! Also burial sites/human remains are obviously off limits and should be reported if found. Not only will you be arrested but hopefully, the spirits will forever haunt you.

[JoshinMO]

Good post rick!
These things are a good topic for People to understand what they can or cant do and where at. So what I have figured out from post it may be legal to pick up and keep pre ship wreck items off of River sand and rock bars.
But for others they must understand that doesn't apply to creeks. Those bars on creeks are usually private property unless in park etc. I had read something about the national Ozark scenic rivereay area that its legal to camp on some gravel bar areas out there (as it may be with any river, not sure) along 2 or 3 rivers but you must move camp with in a certain time. Anyway the privelages there and what you may have found apply to rivers like mo conservation lady mentioned.

[JoshinMO]

I think Dnr may,, be wrong as a lot of navigable creeks flow through areas that are privately owned. Some of those areas while allowed to float over in water are private property under water and rock/sand bars on side. Some laws or privelages may or may not have been changed recently just going by my present understanding.
The water and wildlife of course doesn't belong to those land owners though.
I know My comments may bother some, when I heard them and read them they bothered me also. Reason that info bothered me is because it wasn't as I thought previously.
Missouri conservationist did have an article that's pertains to river hunting those non ship wreck items but guys prized piece he thinks may be ship wreck item as hes not sure.
My 2 cents on smaller waterways, above good info though Rick on those Rivers.

http://mdc.mo.gov/conmag/2006/07/sandbar-archaeology

http://ozarksfishin.wordpress.com/2011/03/14/are-you-trespassing-while-fishing-in-missouris-streams-creeks-and-rivers/

[rixdafix]

Thanks Josh.
I read something in one of those articles that I would like to highlight and may clear up one of your concerns. Just in case the term confuses anyone, "riparian land owner" is a person who owns land which said waterway flows through.
In Missouri there are no statutes that directly define riparian water rights, but many courts have adjudicated this issue and a riparian land owner is entitled to the right of access and the right of use of the surface of the waterway. Additionally, the right to use the surface of a stream or waterway is not restricted to the surface water adjacent to the riparian’s land. Instead, a riparian has the right to use the surface of the entire watercourse. This right, however, is subject to the public’s dominant right of navigation.
Generally, Missouri law states that a riparian owner has a right of “reasonable use” of the water flowing in its natural condition, “without diminution or obstruction,” but has no ownership in the water itself. For example, a riparian owner does not have a right to the rocks or fish in the stream. Always keep in mind that Missouri navigable waters are “public highways” and therefore the public has a right to navigate along these waters and to reasonable use.
The public trust doctrine applies in Missouri, so the state holds certain lands and waters for the public’s reasonable use. These public rights can interfere with and overcome private riparian rights. For example, even though a riparian can construct a dock in an adjacent river or stream, the dock must not interfere with the public right of navigation.
So, the way I understand, the public's rights basically trump the riparian owners rights and the riparian land owner does not OWN any part of the waterway. That being said, even if the navigable waterway runs through someones property, I believe the public has the right to ethically surface hunt said gravel bars.
One other thing I wanted to add. These are only the laws that I researched for Missouri. In some states, as soon as the term Navigable Waterway is used, that automatically means illegal to hunt in any circumstance and that's a real bummer.

[JoshinMO]

Here's some more info.

http://www.arrowheadology.com/forums/arrowheads-indian-artifacts/18783-how-yall-able-legally-creek-walk.html?highlight=missouri+creek+laws

Rick don't mean to look like IM hijacking thread,misinform anyone or aggravate You. I want to understand the laws and privelages just as much as you probably though there's so much info that doesn't go simotaneously with one another, The information is a mess in my opinion and asking a local conversation officer about a specific area might be best, not sure. I have an idea what's up with it all, though still confusing. Ps, have suggestion for area you may want to scout out sometime, may come with.

[rixdafix]

Josh I value anyone's input on the subject and for posting the link. I'd rather be clear and make sure no one else gets misled, I'm certainly no expert. I read that entire post you linked too. Good discussion, pretty much parallels what they told me but did bring up a good point. Just because it may be legal, some land owners don't understand and rightfully so with some of the shady activities that we've probably all witnessed on the rivers and creeks. Personally, I usually bring a big trash bag and carry more out than what I brought in, cigarette butts and all. Not only is it gratifying but how mad can someone get if your picking trash (99% water bottles) out of the water while you hunt B)
Important to remember also that these laws apply to honestly navigable waterways in Missouri. If somebody's walking an entire creek in their shin high rubber boots, it probably isn't navigable and most likely is private property. They mentioned the corp of engineers providing the public with information on what creeks are "navigable". I might give them a call.
I've encountered a few folks that have property along the navigable waterways I hunt and never had a bad meeting. Met a few nice people actually.
I would encourage everyone to research the laws themselves if they don't already know them but also wanted to share the info they shared with me.

[gregszybala]

Good post guys, you may want to check federal laws and rules as well. Sometimes the feds have a different attitude!

[rixdafix]

Absolutely Greg and a good point. I mentioned that concern to the agencies I spoke with. As an example, the DNR told me that the nearest area to me that couldn't be hunted on the Mississippi River is behind Jefferson Barracks Military Post which is controlled by the Corp of Engineers. Strictly off limits and enforced. But further South where I maaaaay have found a rock or two, they said it was cool. It's my assumption that the feds only have jurisdiction on federal lands. If that's the case, the feds only own 3.8% of Missouri land, mostly in the South central region. Someone please correct me if they know better.
Out west is a different story. Here's a link with a high res map of U.S. federal land. I notice the legend says federal lands of less than 36 sq miles are omitted.

http://www.lib.utexas.edu/maps/national_atlas_1970/ca000202.jpg

Not trying to wear out the topic, just wanting to understand the best I can. Thanks.

[JoshinMO]

All the red tape aside these artifacts may as well just be found before lost forever.

[rmartin]

I agree with Greg, this is a good thread. I haven't commented on it but I have read it with great interest. Moral is, it is best to know where you are walking.