Mulberry Boat Inspection

[Sparky]

As our group was exiting the Upper Mulberry at Indian Creek last Saturday afternoon Arkansas Game and Fish magically appeared with their noses in our business. We really didn't pay a lot of attention to them as they inspected our boats and equipment. We were in WW OC's with all gear secure and lifejackets strapped on. We assume we passed inspection. They were paddling around in rec kayaks pulling over every boat coming down the river. We have a place near Pruitt in Newton County, so we're used to all the highway sobriety check points and the river check points below Pruitt. First time on the Mulberry. Anyone know exactly what authority AG&F has on the river beyond hunting and fishing.

Brent

[tomOzarkVideo]

Befor this new ranger that seems to be causing some headaches for the outfitters and locals, I have heard of no heat on the Mul. Looks like we have a new sheriff in town.

[Cowper]

From the AGFC website: "Wildlife officers are certified law enforcement officers with statewide jurisdiction and full police authority. They are primarily responsible for the enforcement of all AGFC regulations, but are capable of enforcing all state laws as well."

Every summer, they fan out to some of the more popular floating streams, including the Mulberry, the Spring, the Buffalo, the Ouachita, the Caddo, and probably others, and enforce requirements to have PFD's and our state's anti-litter law, sometimes called the "Mesh bag" law. If you're unlucky, you might even get cited for things that are NOT against the law, because a few officers are still going by an older version of the law, that didn't allow for ANY alternative to a "mesh bag", and didn't have an exception that allows you to pick up glass litter left by others without fear of getting a ticket. If that happens and you've got a good memory for details, and the people skills to do this without sounding like a smart-a**, then ask them to look at their Arkansas State Game and Fish Commission Code Book, Chapter 37.11 and Addendum L1.03. They have a copy of the current law in the Code book, and I'm pretty sure they keep a Code Book in their truck at all times.

What frustrates many of us is that it seems AGFC has chosen a 100% "enforcement" route, which has negative consequences like "teaching" people to sink their glass bottles rather than risk a fine further downstream, instead of spending LESS manpower hanging around at popular put-ins, educating folks on the law and stopping the glass from ever getting on the river in the first place.

We want the same things that they do, we just have differences of opinion on how to best achieve the end goal.

[Tenacious D]

saw them on the kings river last year they wanted to check my cooler for glass and to see if we had a mesh trash bag and life jackets etc.

[Sparky]

In response to what Cowper said. I think back about a month or so ago on the Boxley. My wife and I cleaned up after a yard sale down in the surfing ledges. Life jackets, open cooler, snack food bags, gator aide, beer cans, water bottles, etc. along with canoe without flootation rescue.

It seemed these two fellows (AF&G) on the Mulberry were trying to make sure everyone had their PFD's on and equipment secure in the boat. The bottom of the Buffalo is a trashy place when I fish it at the end of spring season, there needs to some kind of oversight.

Hopefully we'll all find some middle ground in these situations. There's nothing wrong with securing your gear and wearing a PFD.

Brent

[panicman]

They checked us last saturday at indian creek. He was sorta nice but could tell he wanted to find something wrong. Funny thing is the river was moving decent there and he came out in the current to check us in my little 9.5 ft our rigged raft still in the current. Would have if he flipped there. He did not get to close with my big oars sticking out.

That brings me to a question technically doesnt my raft not fall under the prone to swamping,flipping rule?

[Deuce]

That brings me to a question technically doesnt my raft not fall under the prone to swamping,flipping rule?

Absolutely, but I doubt you'd ever convince a non-paddling/rowing wildlife officer of that. I had a frustrating if not unpleasant encounter last year on the Ouachita when I tried to explain the mesh bag statute to an officer who didn't know it. He was professional and courteous but was working with an outdated version of the law and insisted that a mesh bag was required when the law clearly states a secure container is sufficient. He gave me a warning, I thanked him for his service and moved on down the river. Early the next week I called his boss, complimented the officer on his professionalism and courtesy then expressed my dismay at the fact that enforcement personnel don't know the law. We had a great conversation including a discussion of Cowper's concerns regarding the insufficient resources spent on education and he promised to personally address the deficiency in his personnels' knowledge. Whether he followed through I don't know.

In any case, as frustrating as it is for those of us who know and comply with the law to be inconvenienced I'd rather be inconvenienced in that way than by having my leg sliced open by a beer bottle, being bulldozed by a canoe piloted by a couple of drunks or having to pull someone out of the water because they're incapacitated as a result of their bad behavior. I know there are jackasses with badges just as there are jackasses without, but the fact is if everyone did what they were supposed to on the water there'd be no need for no stinkin' batches.

As for the new Ricky Ranger on the Berry, he may just be trying to get his bluff in early so he doesn't have to really be a jerk later. Hope so anyway. SYOTR!

[Cowper]

I'd bet that any initial training on the law happened when it first passed. And now, it probably occurs "word of mouth" as more experienced officers work with the newer ones. The changes when it was revised were minor enough that most wouldn't notice, and there was probably no new training. Most probably read the law exactly one time, I can see how they would expect changes in game regulations every year, but wouldn't hardly expect or notice a change in the litter law.

That's why I think it is important to note that the "Code Book" that the officers carry has the latest version of the law. There is no need to argue about what each person "thinks" the law says, if you can just convince them to look at their Code Book and read it.

I also think Warning Tickets may sometimes be used to send you a message and ruffle your feathers a little bit when they don't like your attitude or just want to exert their authority, but maybe also know that you're really right about the technical details. It does ruffle you, doesn't it, but who is going to bother to go to court later in order to prevail in having a warning ticket torn up?

And I agree, I absolutely support their end goal. But I've also had first hand reports of word passing back upriver and people trying to sink their glass before they get to the "road block". If they want to write tickets, then do it at the put-in before you ever shove off. If I stumble out of a bar and hop in my car with keys in hand, I don't think the officer has to wait until I pull out on the highway to stop me.

[Deuce]

All true.

[hollohead]

Every single point Cowper made is spot on, which makes me wonder if their intentions really are the same as the boating community.

[panicman]

I think their intentions are to try and catch you doing something wrong and make ticket $$$ and possibly bust you for something bigger and better. If their intentions were to protect the wildlife and river enviroment they would be at the major put ins checking to see that everyone was complying. What good does it do to check half way down a run where if I was not complying could have already had a spill and dumped out my contents into the river.

[sig]

^^^ what he said

[Deuce]

You guys may be right. Why don't we ask em about it? Anyone object to the head of enforcement seeing this thread?

[Half Ton]

This has been a perennial issue on the Mulberry and it has negatively impacted toursim and the local economy. AGFC should be proactive at put-ins rather than reactive on the water.

They are interested in fine money or the would educate people at the put in rather than fining them on the river.

Please show the thread to AGFC.

[hilbili]

when I encountered the "net" on the caddo. county cops were involved. In the early mesh bag days. I had my pfd in the mesh bag and a water bottle. sailed right through. I've only heard about the NPS raids. hittin the mulberry when next it rains!