bulk shopping question

[Diane Amberg]

Did the owner of the land that contained the creeks that the mussels grew in get paid too? Just curious.

[srkruzich]

Did the owner of the land that contained the creeks that the mussels grew in get paid too? Just curious.

uhm waterways are not owned by individuals. That is owned by the corp of engineers i think.  Has something to do with prevention of closing off of navigable waterways. The law was put into effect to stop landowners from blocking access and charging for passage.

[Wilma]

UM, I seem to remember that only the water is not owned by the landowner whose property it crosses.  If you cannot get to the water without getting on the property, then you are trespassing unless you have permission to be there.

[readyaimduck]

they own the  1/2 of the river bed...but the waters therein  is a good question.

[srkruzich]

UM, I seem to remember that only the water is not owned by the landowner whose property it crosses.  If you cannot get to the water without getting on the property, then you are trespassing unless you have permission to be there.

Here ya go Wilma this will cover the harvesting of mussels on waters that cross private land.  The water is owned by the federal government not the landowner and the landowner cannot prevent the operation of the business that harvests.

Under U.S. law, bodies of water are distinguished according to their use. The distinction is particularly important in the case of so-called navigable waters, which are used for business or transportation. Jurisdiction over navigable waters belongs to the federal government rather than states or municipalities. The federal government can determine how the waters are used, by whom, and under what conditions. It also has the power to alter the waters, such as by dredging or building dams. Generally a state or private property owner who is inconvenienced by such work has no remedy against the federal government unless state or private property itself is taken; if such property is taken, the laws of Eminent Domain would apply, which may lead to compensation for the landowner.

The basis for federal jurisdiction over navigable waters lies in the U.S. Constitution. Since the early nineteenth century, the U.S. Supreme Court has held that the Commerce Clause (Article 1, Section gives the federal government extensive authority to regulate interstate commerce. This view originated in 1824 in the landmark case of gibbons v. ogden, 22 U.S. (9 Wheat.) 1, 6 L. Ed. 23. In Gibbons, the Court was faced with deciding whether to give precedence to a state or federal law for the licensing of vessels. It ruled that navigation of vessels in and out of the ports of the nation is a form of interstate commerce and thus federal law must take precedence. This decision led to the contemporary exercise of broad federal power over navigable waters, and in countless other areas of interstate commerce.

http://legal-dictionary.thefreedictionary.com/Navigable+Waters

[srkruzich]

essentially if you can take a canoe up the crick, its navigable!

[Judy Harder]

From the sources I was familiar, we almost always put in where public had fishing rights, and if Louie had any problems, I don't remember.
The harvester/trappers license is what allowed us in the water and if I recall, here on Elk, we put in at Elk Falls and at the Zollars hill area......all with permission of owners of land we had to cross.
Didn't make near the hard feelings that harvesting the snake root did. Where ever!!! people saw them they dug and left divots and in pastures and meadows that makes for poor relations.
The people that went harvesting knew the people, I really don't remember any one griping. And the game warden became friends of ours and even now he will say, hi when he sees me.
Sheriff Dee Clarkson kept me company many nights when the guys were out harvesting and I was at Louies buying the mussels the guys and some gals brought in. All treated me well. I was left there alone with only Louie's dogs for protection. Only once did I think iffy thoughts and I just didn't know the guys coming in. I stayed till about 10 at night. See they worked during the daylight as much as they could and at sundown they came to sell them.
Louie and Randy went the farthest away. Think they hit Lake Cheyene at Wichita and what is that river that goes from there to Ark City......oh wait till Ronnie gets back from vacation and maybe he can help remember he was one of the bums? I mean no one came dressed up. roughest bunch you ever saw.............and fun and nice.
(oh they didn't keep mussels over night we bought live and altho I think a couple times louie did buy when he knew he could sell the shells.but all had to come in the day/night they picked them. Then next day we cooked and shucked them. early so we could survive...the mess, bugs and stink of it. Could get ripe and a half.

[Diane Amberg]

Didn't you say the mussel meat went for pig chow? We eat the saltwater version here. Alex's Seafood at the big farmers market near New Castle sell 'em steamed in the shell. Really sweet and good.

[Judy Harder]

No, they got scraped. but we decided to use a lot of them to suppliment hog feed. We bought (had about 7 people go together) to buy the piglets and then when the mussels were shucked and after work, we added them to the feed trough.
You want to hear some nasty sounding noise then pigs eating and squealing and slurping them down.UGH

Found out the only way I like pork, is in the freezer until I can cook it. Enjoyed each bite of pork I ate.....and will not do that again.
These mussels were good and wasted when we got done with them. That is why it took me so long before I could face an oyster.....and then Not raw on halfshell or such.
I must say. except for catfish/bass and fish caught around Kansas, I have never eaten any fish caught from the sea. Oh, yes I have had some crab cakes......out of a can..........and I do love Crab Rangoons.....but haven't ever ate any other kind.
I know, I know, landlubber and just never been there where I could.

[Wilma]

Judy, I'm with you.  I don't care for seafood, but our freshwater fish, freshly caught can't be beat.