Here we go again...Proposed Clinch Slot Limit

[Byron Begley]

I think some counties are taking the river bottoms out of deeds as they are transferred. Here in Townsend the landowner owns the river bottom in most cases. At least one owner I know had the river bottom removed from their deed because they thought it would limit their liabiltiy. Our County does not take the river bottom out of deeds automatically upon transfer. I don't know about Anderson County. I heard they were doing it on the Clinch but I'm not sure. So, be nice to land owners. You may be tresspassing and not know it.

Byron

[RuningWolf]

Originally Posted by Paula Begley

May I make a request that will make this thread a little more easy to read? It's really hard to follow the way you all are doing it now.

When you are quoting a question or a comment by someone else, could you please enclose it in [ quote ] [ /quote ]. You can even type [ quote= postername ] [ /quote ] and then we can see who said it. When typing that code, you will not have spaces between the brackets and the quote /quote. If you don't want to type the code, you can use the little quote text box above...it is the icon to the right of the mountains when you are in the reply mode.

Thanks.

Paula

I have tried to at least include the 1st line from whom I was responding as well as their handle to so as someone could fins that post read it and then read my response. It is difficult to understand unless you read what I was answering and to just read what I have posted. It is also difficult if you have not read the various reports and have a better than passing knowledge of them, many require reading and rereading to get the big picture. I don’t have the time at the moment to answer every body who I want to and some I have waited to think of a way to answer or reply without flaming.

Anyway I am almost out of this debate and the reason why will be apparent then (from my post) as I will talk to your other half

By the way I have been remiss in thanking you for encouraging people to be more responsible when going to different waters.

[RuningWolf]

Originally Posted by Byron Begley

I think some counties are taking the river bottoms out of deeds as they are transferred. Here in Townsend the landowner owns the river bottom in most cases. At least one owner I know had the river bottom removed from their deed because they thought it would limit their liabiltiy. Our County does not take the river bottom out of deeds automatically upon transfer. I don't know about Anderson County. I heard they were doing it on the Clinch but I'm not sure. So, be nice to land owners. You may be tresspassing and not know it.

Byron

I might be mistaken but I think what I was told was you had to request it to be left in there now in Anderson County. Don’t recall the details, it didn't matter to me at the time and it does not matter to me now and in the overall scheme of the issue it doesn’t really matter most of the deeds still say to the middle of the river

More than one landowner whom people are crossing are getting very concerned about liability issues as well as some vandalism that has occurred

Bottom line be respectful to all it may open some doors for you on down the road.

[Gerry Romer]

Okay, RW...

Let's try it another way. In 25 word or less, what does LUCRO want?

Gerry Romer

[RuningWolf]

Originally Posted by Brian Griffing

RW and Fishermansfly, thanks for the info. You are both obviously more dedicated researchers than I am. Its better for me to be educated about the law this way than to answer rhetorical questions while staring into a flashlight.

RW, I am in Maryville, but have only fished the Clinch once. I keep meaning to get back there, but I just can't pull myself away from the mountain pocket water. And now that bow season has started, I am chasing trout even less.

If you want to go sometime next spring let me know
Understand bow season

[Byron Begley]

Gerry,

A trophy section was established in the 90's and the landowners didn't know it was coming. They were left out of the decision process. TWRA thought the land owners were behind the decision and they thought everything was "hunky dory". The land owners formed a group of very upset people, and called it LUCRO, to have the "trophy section" overturned and they were successful. I attended most of the public meetings. It was a mess! I also met a lot of their members and the ones I got to know were nice, reasonable, intelligent people. Next time you are in the store I'll tell you the whole story. You are getting bits and pieces on this forum. There is more than meets the eye. Personally, I don't think LUCRO will be out in force over this issue. I may be wrong. This slot limit is a totally different from what they had to deal with years ago. I think the Commission will approve the proposed slot limit and I don't think there will be strong opposition. If there is, I'll be surprised. I'm looking forward to the Commision meeting. I think TWRA has done their homework and are going to do what they think is best for the fishery. I'll be the guy standing next to RW during the meeting. From past experience, there will be standing room only. I hope you can attend. I hope everyone here can attend. I'm just trying to figure out where I'm going to park my truck in Gatlinburg. Any advice would be appreciated. Come to think of it, I might ride over with Mr. and Mrs. Running Wolf and let him worry about the parking.
Byron

[Gerry Romer]

Thanks, Byron.

I already had the gist of all that. What I think we're all having a hard time with here is figuring out exactly what it is that LUCRO does want. Obviously, it's not enough to just be against something. If the world operated that way we'd all still be trying to figure out where fire comes from. So what I'm asking is, what is LUCRO actually for? You can't tell from anything that's ever been posted on this board that I've read that spells out what LUCRO is for - only what they're against. And it seems that that's how LUCRO came into existence... simply by being against something and hiring an attorney to argue their position.

If their primary interest is in managing a body of water through scientific method then their argument against slot limits doesn't hold water (pun intended), since the theory of slot limits has been tested and proven time and again on various tailwaters throughout the region. By asking for or demanding scientific controls, they are, in fact, asking for exactly what TWRA is proposing!?

So I have to ask again. Just exactly what does LUCRO want that will offer even the possibility of improved perceived fishing experience quality?

Gerry

[Byron Begley]

RW,

I recently read some Tennessee Law that exempts landowners from liability on their land that is under a river unless there is some sort of gross negligence involved. If a landowner ran a strand of barbed wire across Little River and someone got hurt, there would be some grounds for a lawsuit. I'm not an attorney so don't take my opinion and make an important bad decision.

Byron

[Byron Begley]

Gerry,

I don't know what they want or don't want. All I know is what RW is saying. He is not a member of LUCRO he just knows some or all of them. The Commissioners may have heard from people who are against the slot limit but as an organization I don't think they have stated their position in public. Maybe 800 of them will show up at the commission meeting or maybe only a few will be there. Or maybe none of them will be there. For all I know, they don't exist as a group. They haven't contacted me. I haven't contacted them. The attorney who is their "spokesman" attended a TU meeting in Norris where TWRA gave a presentation on their plan for next year and he just took notes. Who knows. None of them have debated here and I know they are watching what we have to say. I guess we'll find out this month. The most important thing is: Send an e-mail to TWRA and state your case, pro or con. I think that will make the most difference in how the Commission will vote. See you soon buddy!

Byron

[Gerry Romer]

That pretty much sums up what I was getting out of all this. As I said, it's real easy to be against something. Fortunately, some of our ancestors didn't take the easy way out and today we can all flick our Bics.

Seriously, though, some of this stuff sounds like it comes right out of the pages of a Flat Earth Society journal.

Yeah, you probably will see me soon... I haven't had my fix lately

Gerry