# Hunting Public waters



## mich buckmaster (Nov 20, 2001)

Coldwater,

I am for you, If we had people come into our workplace and start asking about rules, and not liking them, I would say tough too, and get out and there and read the rules. 

I dont think Coldwater was out of line at all. I think he was stating what would happen if Poachers were to come down the river on him. gooswa, you have never floated down on Coldwater than no harm done. I dont think the rules are always easy to understand, but some take the time to figure out the laws and wish others would do the same, before messing up peoples hunts, and livelihoods, people should know the law. 

just my .02


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## Coldwater Charters (Sep 17, 2000)

For all of you that think I should lighten up on my opinions on this law, here's an example and tell me how you would feel. Opening day of gun deer season or whatever opener is your favorite. You are just getting ready to take aim on a nice trophy buck and BLAM,,,, down goes your buck from another hunter,,,,, to say the least you are not happy because this is private property you have secured solely for yourself and the people you invite. The hunter walks out to see your Trophy that he just shot, so you get up and go out and ask him what the heck he's doing on your property. He turns to you and says,,,,I didn't know I couldn't hunt here I thought I could hunt anywhere I wanted.........you begin to boil over...... This is *absolutely no different* then waterfowl hunter hunting over water off of private land without permission. Well,,,, this happens to me to many times during the waterfowl season where there is a public access to the water. This law is not a new law and has been in effect for quite some time. I view Riparian water rights law just like a land owner who has trepassers hunting there property because they are the same thing. 

Go up to the Whitetail forum and say " what would you do if I came on your property without permission and shot a buck right in front of you.....I'd be willing to bet the responce would not be to nice. Lighten up,,,,not anymore,,,,I have explained this law to many times to hunters while out hunting on my leases or propertie that say they didn't know,,,,, from now on I'm pressing charges,,,,, maybe then more folks will think twice before doing it or not putting a little more effort into reading the hunting guide.

My comments may seem harsh but the reality is not many people really want to break the laws, so just make sure you read the guide every year and if any questions arise call the DNR. I understand how people would get confused on this law, but once you read the guide this should go away.


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## Coldwater Charters (Sep 17, 2000)

Here's another thing, I work very hard obtaining permission on all the private land I hunt. That is being professional, not being professional, is taking people out and not knowing the laws and have everyone in the party get a violation ticket. People that hunt public lands for the most part hunt there because they have had no luck gaining permission on private land,,,, well it isn't luck, it is persistance and hard work. So maybe you see why I have a bone to pick with people that don't know the Law. 

Anyway, have a nice day. See I lightened up some.


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## AllFowledUp (Jan 3, 2002)

Coldwater, This whole thing is getting screwed up more and more. No one is saying that poaching is good. And using the example about the deer hunting is not even close. Upland property is listed in the rule books very clearly. Wethere posted or not, you need written permission from the land owner to access the property. Looking at the waterfowl guide, the rules arent that clear. "Float Hunters need permission to enter lands protected by the Recreational Trespass Act." This act does not mention Riparian Law. So with out thinking that you need to research this act further, you would think that you do not need permission to hunt the waterways boardering the upland property. I have hunted other states and here in michigan for over 30 years. Until I was approached by the DNR officer regarding this issue, I had never heard of Riparian Law...as a matter fo fact, the DNR officer made no mention of it other than I "may" have been trespassing. I do not condone any form of trespassing, poaching or any other forms of illegal activity whether hunting or criminal. But this I do know about trespassing...it boils down to intent. If an individual knowingly, willfully trespasses, then the courts will prosecute. If the trespass is not intentional, say a hunter is lost and crosses property boundries, the courts will most likely not prosecute. Unless the individual has been warned verbally or in writing before.
The DNR and the NRC need to get together and make this ruling more definate and published in the guide books so every one can read and understand it. So unitl then, this sight is a great go to for information. Thanks again.


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## unregistered55 (Mar 12, 2000)

Found this on the DNR Website: Here is the website for those interested:

http://midnr.custhelp.com/cgi-bin/M...29ydD0mcF9yb3dfY250PTEzOTUmcF9wYWdlPTI*&p_li=
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Question 
---- 04/11/2001 08:38 AM ---------------------------------------------
Is there a specified distance from the waters edge of a river or stream that a person is allow to pass especially when the land along the river is marked private? 

Answer 
The answer is no. If land along a river or stream is marked private, then the land to the river and even beyond the river could be private. A landowner can own all the land around a river, but they do not own the waterway, the state does. That is why we remind hunters and anglers to be sure to ask for permission before crossing any private lands. They may own the land under the river, but they will never own the waterway. If you are in a boat floating the river, there is nothing they can do, but if you stop and get out of the boat, and they own the land you are standing on, then that would be considered trespassing. It is best to ask for permission before you start hunting or fishing. Should you have further questions, please feel free to call 517-373-1280. 

Reference # 
010411-000013 

Date Created 
04/11/2001 08:38 AM 

Date Updated 
06/25/2001 05:59 AM 

Approval Level 
Public 


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## Coldwater Charters (Sep 17, 2000)

AllFowledUp, your right to an extent on that upland hunting private lands is spelled out allot better that's for sure. I read the float hunting laws years ago and within a few minutes I had the DNR on the phone for a full explanation. This was well before I was guiding for waterfowl. I'm definately not the smartest guy here by far. It just seemed like what they were saying is exactly what they actually meant but it was little grey. That's why I made the call, because it was a little confusing. To be honest, one of my hunting buddies still says he can hunt any water that has a public access to it,,,, it's like talking to the wall. He's real lucky cause he doesn't do much waterfowl hunting or he would have some problems. People have been ticketed for recreational trespass on there first offense. Now whether the judge upholds the ticket is another thing. 

Anyway, this is a great place to gain information and with officer Boerh here to answer questions on game laws it cuts out any doubt about a certain law. I hope I haven't offended anyone beyond forgiveness, but I think you now understand where I am coming from on my comments. 

Every year since I joined this site I bring this very subject up about a week before waterfowl season starts [ask Boerh], just so that those that honestly are trying to be legal can be and if they didn't know or misunderstood this law it can be cleared up. By the way Indiana, if it has a public access to the water, you can hunt anywhere as long as you are outside the 450' of an occupied dwelling.


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## Coldwater Charters (Sep 17, 2000)

bump,,,, it must be that time of year again 

Hey Boerh, the link on this page to the law is broken. The DNR's web site address has changed since this thread was posted. 

Could you post the link to the Law again from the new address???


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## boehr (Jan 31, 2000)

Here it is:

http://www.michigan.gov/documents/publicrights_22525_7.htm


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## Jerry68 (Jan 24, 2002)

One of the key things I have noticed from the previous posts is that everyone wants to confuse the fishing regs concerning navigable waterways and the hunting regs regarding riparian ownership. Ignorance of the law and oops... I didn't know that, will rarely get you out of a citation.


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## DogDoc (Jan 18, 2002)

quote:
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I don't mean to be a a$$ here, but don't come floating down a stretch of river or lake front that I have leased or I will prosecute. I'm done explaining this law to trespassers that really are nothing more then poachers. They can't bull***** me, they know the law but refuse to obey it. And they will pay fines, court cost and have it forever on your record. 

Apparently you haven't read the law as well as you think. The riparian owner of the land has the perogative to file a complaint against said trespassers. You, as the lessee, do not have that right. I believe the landowner must be the complaintant and prosecution of said offense would be performed by the prosecuter 

Regardless, I agree with the law and your need to have it enforced. You are also correct in assuming that your words here and on other forums have turned people off. You do come off as an a** some times in your posts. I don't know you but I know right now I don't like you even though I agree with your position and have never met you. I bet I would like you if I met you but because of the mental picture I have of you based on a few posts I'll never take the opportunity. Its sad really because I'm sure you're a better person than I imagine. You know what they say about first impressions.


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## boehr (Jan 31, 2000)

> Apparently you haven't read the law as well as you think. The riparian owner of the land has the perogative to file a complaint against said trespassers. You, as the lessee, do not have that right. I believe the landowner must be the complaintant and prosecution of said offense would be performed by the prosecuter


Well, that's not quiet right.

MCL 324.73102. (1) Except as provided in subsection (4), a person shall not enter or remain upon the property of another person, other than farm property or a wooded area connected to farm property, to engage in any recreational activity or trapping on that property *without the consent of the owner or his or her lessee or agent*


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## DogDoc (Jan 18, 2002)

I stand corrected and apologetic.


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