# Waterfowl blind question



## Oger (Aug 28, 2008)

Where I waterfowl hunt some people put up a couple of wooden blinds. They are also in the key spots of the lake as to where birds land. Part of me wants to concede the spots to them and then another part says just because they put a blind on every good spot that shouldn't mean I or we don't have to be kept out or the good spots. The short version of the question is if we get to the blind before him do we have to give it up and does the answer change if his name is on it.

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## dead short (Sep 15, 2009)

Where (what body of water) are the blinds??


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## Oger (Aug 28, 2008)

Public waterways near lake erie

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## ghhunter (Jan 16, 2011)

On the *great lakes and connecting waterways* it is first come first service. If its just a public lake then its theirs.


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## dead short (Sep 15, 2009)

Correct......


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## Zorba (Jan 24, 2007)

Ok. What if the blind is locked? Lets say that it is an elaborate blind that someone erects more than just a pile of brush? No one can just break into it and hunt it. They could stand behind it and shoot ducks. In my opinion it is the spot that is public not their property. If the blind is open for anyone to use then anyone can use it. But, they are also responsible for it. Also, the person who owns it is also liable for it and any damage it may cause to others. 

To me it is just like a fish shack. If it is in a public place and open to the public than it is public. But if it is locked then it becomes private. You can drill a hole right next to it and fish the spot. But, that does no give someone the right to break in so they can fish. That's my opinion.


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## dead short (Sep 15, 2009)

On the Great Lakes and Lake St Clair it is illegal to put a lock on a waterfowl blind. 

3) Nothing contained in this section shall be construed to deprive a riparian owner or their lessee or permittee on inland waters of their exclusive right to hunt over the riparian's subaqueous lands, nor shall the posting of the name and address of the person erecting a blind or other structure attached to the bottomlands of the Great Lakes and Lake St. Clair, used or to be used in the hunting of waterfowl, be deemed to constitute the exclusive privilege of hunting therefrom, or to reserve or preempt a shooting location for such person, nor shall such blind be locked to bar use when unoccupied. An unoccupied blind attached to the bottomlands of the Great Lakes or Lake St. Clair may be used for hunting by the first person to occupy the same.


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## Grumpy 2 (Mar 9, 2010)

"Nothing contained in this section shall be construed to deprive a riparian owner or their lessee or permittee on inland waters of their exclusive right to hunt over the riparian's subaqueous lands, nor shall the posting of the name and address of the person erecting a blind or other structure attached to the bottomlands of the Great Lakes and Lake St. Clair, used or to be used in the hunting of waterfowl, be deemed to constitute the exclusive privilege of hunting therefrom, or to reserve or preempt a shooting location for such person, nor shall such blind be locked to bar use when unoccupied. An unoccupied blind attached to the bottomlands of the Great Lakes or Lake St. Clair may be used for hunting by the first person to occupy the same."

So this is ONLY applicable to the Great Lakes and Lake St. Clair? Are inland lakes that are completely or partially surrounded by public land not subject to this? So if a guy was to build a blind, attach his name and address and put it on an inland lake not conected to the Great Lakes he could claim that blind and spot as his exclusive hunting spot? That doesn't seem right to me.....


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## Zorba (Jan 24, 2007)

dead short said:


> On the Great Lakes and Lake St Clair it is illegal to put a lock on a waterfowl blind.
> 
> 3) Nothing contained in this section shall be construed to deprive a riparian owner or their lessee or permittee on inland waters of their exclusive right to hunt over the riparian's subaqueous lands, nor shall the posting of the name and address of the person erecting a blind or other structure attached to the bottomlands of the Great Lakes and Lake St. Clair, used or to be used in the hunting of waterfowl, be deemed to constitute the exclusive privilege of hunting therefrom, or to reserve or preempt a shooting location for such person, nor shall such blind be locked to bar use when unoccupied. An unoccupied blind attached to the bottomlands of the Great Lakes or Lake St. Clair may be used for hunting by the first person to occupy the same.
> 
> ...


 

So It doesn't matter if it is registered or not? Any one can use any ones personal property if it was put out to hunt ducks?


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## dead short (Sep 15, 2009)

Zorba said:


> So It doesn't matter if it is registered or not? Any one can use any ones personal property if it was put out to hunt ducks?


Are we talking about boats now .....? It does not apply to registered boats. Original post was asking about constructed wooden blinds. 


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## Zorba (Jan 24, 2007)

dead short said:


> It does not apply to registered boats.
> 
> 
> Posted using Outdoor Hub Campfire


Sorry for changing topic.

Reading the law I fail to see the difference. How about canoe, kayak, or raft? Since they do not have to be registered.

Reason I ask is because some people leave boat, pontoon, and raft blinds in a particular spot all season long.


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## skipper34 (Oct 13, 2005)

Zorba said:


> Sorry for changing topic.
> 
> Reading the law I fail to see the difference. How about canoe, kayak, or raft? Since they do not have to be registered.
> 
> Reason I ask is because some people leave boat, pontoon, and raft blinds in a particular spot all season long.


If the boat, pontoon, or raft blind is on Great Lakes or Lake St.Clair and connecting waters, it is public property. First come first serve. It is the law. Period.


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## ghhunter (Jan 16, 2011)

The way I had it explained to me by a local CO in my area is basically this, he said that if it is a boat that is legally registered(not expired, false MC's etc.) then it is your blind because it is basically an anchored boat, but keep in mind if you are claiming it as a boat then you need to have a anchor light on it when it is left out because an anchored registered boat needs an anchor light on at night. Keep in mind he's talking about great lakes and connecting waterways. Also, you can get any boat registered you want too canoe and rowboat included, its just not required to register a boat unless powered by motor or sail. One question that pops into mind that I never asked was if I am hunting out of a boat/blind that is registered am I required to have all marine safety equipment on it that you normally need PFD's, flares, type IV, horn, fire ext, etc.?


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## dead short (Sep 15, 2009)

skipper34 said:


> If the boat, pontoon, or raft blind is on Great Lakes or Lake St.Clair and connecting waters, it is public property. First come first serve. It is the law. Period.


Actually the law is quoted below........

*3.401 Waterfowl hunting blinds; erection and removal, name and address; assessment of costs; hunting rights.* 
(4) It shall be unlawful to use, occupy, or hunt from a blind or structure which does not meet the requirements established in this section. This section shall not apply to a vessel registered as required by the provisions of part 801, marine safety, of the natural resources and environmental protection act, Act No. 451 of the Public Acts of 1994, being sections 324.80101 to 324.80199 of the Michigan Compiled Laws.


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## dead short (Sep 15, 2009)

ghhunter said:


> One question that pops into mind that I never asked was if I am hunting out of a boat/blind that is registered am I required to have all marine safety equipment on it that you normally need PFD's, flares, type IV, horn, fire ext, etc.?


Although it is sometimes inadvertantly overlooked in the course of a waterfowl check, when you are on the water (in a registered boat) the answer is, Yes. Per the Administrative Rules there is no exception for a registered vessel used as a waterfowl blind.....

R 281.1232 Applicability. 

Rule 2. These rules apply to vessels and associated equipment used, to be used, or carried in vessels used on any waters within the territorial limits of this state including those waters of the Great Lakes which are under the jurisdiction of this state, except: 
(a) Foreign vessels temporarily using waters subject to state jurisdiction. 
(b) Military or public vessels of the United States, except recreational-type public vessels. 
(c) A vessel whose owner is a state or political subdivision thereof, other than this state and its political subdivisions, which is used principally for governmental purposes, and which is clearly identifiable as such. 
(d) A ship's lifeboat. 

Actually some waterfowl hunters, in boat blinds, will get a little testy when asked for associated marine safety equipment (determined by type/size of the boat). Not sure why.


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