# duck hunting west bay



## hardcorewadefisherman (Jun 26, 2009)

hey guys I was at sportsmans road today and there was a good amount of ducks there. Can you hunt around that area.

thanks, J.D.


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## Captain Stansel (Jul 8, 2008)

Yes, but I would be respectful to all the wade fisherman. I used to hunt the south shoreline for years when I was younger. Most of the ducks are on the North side, but they still fly decent on the S. shoreline. Just follow all the gam laws.


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## plgorman (Jan 10, 2008)

aint gonna be worth it now that we all know where the ducks are


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## hardcorewadefisherman (Jun 26, 2009)

Ok so wats the rules about being near the houses and if theres anything else i need to know then i would greatly appreciate it.

thanks J.D.


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## MilosMaster (Aug 18, 2005)

I see you are 17 and thus probably don't know any better, so I will explain a few things before others jump all over you. 

Check the TPWD Waterfowl Digest for the 'rules' and if you have any specific questions about legalities in a certain area contact a Game Warden to be certain. 

I don't know the first thing about hunting in the Galveston Bay system, but can tell you one thing for sure: if they area you just mentioned is legal to hunt and holding ducks as you said, then you just invited lots of folks who are too lazy to get out and scout themselves to your spot. Remember that when you post something on one of these forums thousands of people can see it, and a post like this almost guarantees at least one of them (probably more) is going to hunt the area you mentioned purely because you talked about it here. Especially an area already heavily pressured and close to Houston! 

The #1 Rule is if you find a concentration of birds on public water don't talk about it on an open internet forum or you will ruin it a matter of days!


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## Redfishr (Jul 26, 2004)

There is NO public land on the south shoreline of west galston bay, someone owns it all.
The marsh you speak of and I know it well is private property...
If you go out there and start blastin, you will probably get the law called on you.
If you take the energy to go past gangs bayou to the far west side closer to Auzton bayou, you will be safe from hitting houses but still will be trespassing. 
Just tryin to save you some grief...
Its your call. 
And before all you junior game wardens jump on board, I know all about navigable waters, I fish in marshes all the time......but you have to put your feet on land to duck hunt or retrieve your ducks.
There is public land to hunt on our bays but west galston aint it...
Theres a reason all those ducks are there, cuz they aint hunted, much...
Good luck where ever you go....


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## chronotrigger (Dec 18, 2008)

*so are you saying?*



Redfishr said:


> There is NO public land on the south shoreline of west galston bay, someone owns it all.
> The marsh you speak of and I know it well is private property...
> If you go out there and start blastin, you will probably get the law called on you.
> If you take the energy to go past gangs bayou to the far west side closer to Auzton bayou, you will be safe from hitting houses but still will be trespassing.
> ...


 So I am trespassing if I walk on the vegation that is growing out in the marsh near Sportsman's road?


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## Ish00t (Dec 2, 2009)

My son used to hunt there back in High School with some of his friends. I believe your alright as long as your in a boat. He had a pirouge he used to hunt out of there.


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## CHARLIE (Jun 2, 2004)

Yes when you are walking out there you are on someones property. You are going to have to hunt out of a boat. 

Charlie


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## wet dreams (May 21, 2004)

If your dog retrieves on land YOU can be sited for trespassing...WW


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## wingman (Dec 18, 2006)

It's a crying shame a young man can go out and hunt in this country!! I rather have a 17 yr old out hunting ducks than smoking a crack pipe and stealing my stuff.

You go young buck - but hunt from the boat. Go straight up to the property owner and ask. Honesty never hurt no body.


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## Levelwind (Apr 15, 2005)

Oh, Lawdy here we go again. See statutes for applicable laws.

But be aware there are laws concerning shooting in unincorporated and incorporated areas, proximity to houses and buildings, etc., shooting in such a manner as to cause your bullets or shot to cross onto anothers property, etc.

Best to stay in the water if not in the boat. The GW's and Deppities are homers and will run you off to stay on good terms with the landowners and some hick JP's will fine you. If you're interested there are a group of us funding an intense effort for next year which will put an end to this nonsense. We have, as the song goes, Lawyers, guns and money as well as people who don't bluff easily and we plan to sting some people for official oppression next fall.

§ 11.012. GULFWARD BOUNDARY OF TEXAS. (a) The gulfward 
boundary of the State of Texas is the boundary determined in and 
pursuant to the decision of the United States Supreme Court in Texas 
v. Louisiana, 426 U.S. 465 (1976).
(b) The State of Texas has full sovereignty over the water, 
the beds and shores, and the arms of the Gulf of Mexico within its 
boundaries as provided in Subsection (a) of this section, subject 
only to the right of the United States to regulate foreign and 
interstate commerce under Article I, Section 8 of the United States 
Constitution, and the power of the United States over admiralty and 
maritime jurisdiction under Article III, Section 2 of the United 
States Constitution.
(c) *The State of Texas owns the water and the beds and shores 
of the Gulf of Mexico and the arms of the Gulf of Mexico within the 
boundaries provided in this section, including all land which is 
covered by the Gulf of Mexico and the arms of the Gulf of Mexico 
either at low tide or high tide.
*

§ 30.05. CRIMINAL TRESPASS. (a) A person commits an 
offense if he enters or remains on or in property, including an 
aircraft or other vehicle, of another without effective consent or 
he enters or remains in a building of another without effective 
consent and he:
(1) had notice that the entry was forbidden; or 
(2) received notice to depart but failed to do so. 
* (b) For purposes of this section: 
(1) "Entry" means the intrusion of the entire body.*


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## mwbmod74 (Dec 9, 2009)

I grew up duck hunting in Anahuac from the Fort Anahuac Park, 30 years ago you could hunt anywhere out there you could get to. The last several years you cant hunt no-where out there without some jackass saying they own that particular peice of marshland, then we started building "barn blinds" on the edge of the bay sometimes in the cuts completely in the water and the same jackasses claim they own not only the land adjacent, but the water your blind is on as well and since a lot of those morons have houses out there they will politely burn your blind down when noone is around... Big mistake in my mind when the state started selling the marshland to these jackasses...


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## Levelwind (Apr 15, 2005)

It has always been a problem in Texas and has gotten even worse in recent years. It's time to stop it in its tracks. I don't believe many of our LEOs are crooked, but the fact is that the laws are somewhat vague and much of the "law" is in case law and attorney generals opinions (which really are not "law") and law enforcement are much cozier with property owners than the general public. There's also the misinformation campaign by coastal landowners that they somehow aren't affected by chapter 11 of the Natural Resources code, because, oh "This was dry land before the intercoastal" haha. That one's been debunked a couple of times - if it really WAS dry land, and isn't now, it often has more to do with subsidence than any dredging or the ICW. Game wardens aren't surveyors and they aren't GLO lawyers. We cannot expect them to be. What we CAN expect, and what is NOT happening now, is that they not ALWAYS err on the side of the landowner and AGAINST John Q. Public. The facts of the matter can be ascertained on any piece of property on the coast. Sometimes it's a complicated process, though. 

They will have one opportunity to rethink and remand this policy, from the Commission on down, before the fireworks start. I hope they do. If not we will have the resources to reclaim what has been taken from the public in the courts, and we will not hesitate to bring collusion or official oppression into the discussion.


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## mwbmod74 (Dec 9, 2009)

Sounds great Levelwind, is there anywhere a person could contribute to cause such as this?? In the guns or money dept. lolol..


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## Sea-Slug (May 28, 2004)

Levelwind said:


> It has always been a problem in Texas and has gotten even worse in recent years. It's time to stop it in its tracks. I don't believe many of our LEOs are crooked, but the fact is that the laws are somewhat vague and much of the "law" is in case law and attorney generals opinions (which really are not "law") and law enforcement are much cozier with property owners than the general public. There's also the misinformation campaign by coastal landowners that they somehow aren't affected by chapter 11 of the Natural Resources code, because, oh "This was dry land before the intercoastal" haha. That one's been debunked a couple of times - if it really WAS dry land, and isn't now, it often has more to do with subsidence than any dredging or the ICW. Game wardens aren't surveyors and they aren't GLO lawyers. We cannot expect them to be. What we CAN expect, and what is NOT happening now, is that they not ALWAYS err on the side of the landowner and AGAINST John Q. Public. The facts of the matter can be ascertained on any piece of property on the coast. Sometimes it's a complicated process, though.
> 
> They will have one opportunity to rethink and remand this policy, from the Commission on down, before the fireworks start. I hope they do. If not we will have the resources to reclaim what has been taken from the public in the courts, and we will not hesitate to bring collusion or official oppression into the discussion.


 Green to you Sir! Fight the good fight so young men like this one can enjoy the outdoors like we were able to back in the day. If you want a small contribution to the cause feel free to PM me with the details. I agree with your interpretation of the law and your position regarding the homer GW's.


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## Levelwind (Apr 15, 2005)

If you're interested in this fight, let me know and I will pm you. We're not going to be a 501c3 or anything. 

I'll be 61 next year and my days of walking the marsh are over. I respect private property, I guided on private land for 15 years and I understand and respect private property rights, but my associates never tried to bluff or keep guys off public lands, they grew up hunting public. I have a great deal of respect for TPWD and their people, but the fact is they are instructed and incentivized to keep people not only off, but away from private property. This has to do with the uncertainty in the law and the political power of landowners, but it's easier just to take the ultra conservative landowners side in any dispute. As a result, and mis application of a relatively new law outlawing the hunting of certain submerged public lands, the young kids and people of moderate means wanting to go duck hunting have "lost" access millions of acres of Texas coastal lands. 

I and a number of like minded individuals intend to force this issue in court, with expert legal support. As long as the pubic can be "bluffed" off lands and waters they should legally be entitled to access and enjoy, they will be.


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## rjc1982 (Sep 27, 2005)

wet dreams said:


> If your dog retrieves on land YOU can be sited for trespassing...WW


The funny thing about that law is that if you do not make a "reasonable effort" to retrieve downed game you are in violation of federal game laws for 'wanton waste'. But Texas tresspassing laws trump federal games laws so the "reasonable effort" ends at the point of entering private land to make that retrieve. And if you send your dog you will be cited because the dog is acting as an agent for you. Bad Dog!


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## Levelwind (Apr 15, 2005)

rjc1982 said:


> The funny thing about that law is that if you do not make a "reasonable effort" to retrieve downed game you are in violation of federal game laws for 'wanton waste'. But Texas tresspassing laws trump federal games laws so the "reasonable effort" ends at the point of entering private land to make that retrieve. And if you send your dog you will be cited because the dog is acting as an agent for you. Bad Dog!


Look up the legal definition of "agent" and see if your dog qualifies.

I've been through this (dog trespass) with a USFWS C.O. who REALLY wanted to write me a ticket. After about a minute of listening to his jawing I told him to write it or don't write it, I'd be happy to see him in court, turned my back on him and started to walk to my truck. Feds are often jerks, but they usually know the law. He didn't write it. You can be sued in civil court and lose if your dog causes any damage.


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## WestEndAngler (Jan 30, 2007)

Levelwind send me a PM I'm interested!


I hunted S. Shoreline from my boat for 8 years now I haven't done much hunting over there this season but its my "stomping grounds"  I can show you some productive areas


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