# Rules and Laws regarding stream/river Fishing



## zydar323 (Jul 31, 2012)

What are the Rules/Laws regarding fishing generic rivers/streams? 
-Do they have to be on public land to fish? 
-If you access the river/stream via public land, are you allowed to follow the water onto private land? (I have always been in the assumption that one must be wading in the water to legally do so, is this wrong?)
-What are the rules/laws regarding businesses along the river/creeks? (I know of several establishments, and a few golf courses located along certain rivers/creeks and they seem to have prime fishing areas. would like to know if I could fish them)

Thanks to anyone who can assist, for I have several weeks off of work and school and would like to plan out where I will be fishing in the coming weeks.


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## troutguy26 (Apr 28, 2011)

If ya want a good read that explains alot check out dan summerfields book "forever free". It has everything ya need to know and online versions are available.


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## The Downstream Drift (Feb 27, 2010)

Your best bet would be to call the DNR office in Southfield. It seems like you have a ton of questions and a conversation with a DNR official would help to clear things up.

Or you could post this same topic on the regulations forum. There are several CO's on this site who would most likely be happy to answer your questions for a DNR point of view. There are alot of opinions on how the law reads but I feel it is best to get the answers from the guys that can write you a ticket for breaking a law based on bad information you were given.


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## DLHirst (Mar 14, 2009)

In Michigan, you have the right to be in the water everywhere regardless of who owns the banks. In fact, you are allowed to go out of the water - up to the "high water mark". Because that is a bit subjective, you might not want to test the limits on that.
If there is a dangerous obstacle in the stream - like a downed tree - you may exit the stream to walk around the obstacle, provided you re-enter the water as quickly as you can.
All of that is in the fishing regulations published anew every year. Michigan is very open in terms of water access, far more than most states. This is no small part of why Field & Stream named us the best state in the country for fishing!


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## Chromedoggy (Mar 25, 2007)

DLHirst said:


> In Michigan, you have the right to be in the water everywhere regardless of who owns the banks. In fact, you are allowed to go out of the water - up to the "high water mark". Because that is a bit subjective, you might not want to test the limits on that.
> If there is a dangerous obstacle in the stream - like a downed tree - you may exit the stream to walk around the obstacle, provided you re-enter the water as quickly as you can.
> All of that is in the fishing regulations published anew every year. Michigan is very open in terms of water access, far more than most states. This is no small part of why Field & Stream named us the best state in the country for fishing!


I'll bet you a Recreational Trespass fine that your first two sentences are incorrect.


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## troutguy26 (Apr 28, 2011)

Chromedoggy said:


> I'll bet you a Recreational Trespass fine that your first two sentences are incorrect.


Yep


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## The Downstream Drift (Feb 27, 2010)

The bad part here is that every CO in our area I have spoke with has stated that due to the grey areas surrounding the laws they will not necessarily choose a side on this. They will generally leave this up to a local LEO, which means if a land owner presses the issue you will most likely be asked to leave the property and issued a ticket which you will then have to defend your position in court. This is a very slippery slope considering that most (if not all) streams in our area are not considered either navigable or non-navigable on the "official" list. Therefore, you would be forced to prove navigability in court which is not usually an easy task.

Simple solution, if it looks too small to be fishing and you think a land owner would be upset that you are in their backyard find somewhere else to fish. This all comes down to a sense of good judgement in my book (and I am a huge advocate for angler rights in our state).


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## DLHirst (Mar 14, 2009)

I am no lawyer, but I have always been assured of both sentences. I can find support for both, but no support AGAINST either.

Collins v. Gerhardt provided the landmark ruling on the first.

http://www.michbar.org/programs/milestone/milestones_PublicAssessPublicWater.cfm

And, the DNR fishing regs - see first paragraph of page 19 - supports the second...

http://www.michigan.gov/documents/dnr/DNRFishingGuide2012_377884_7.pdf

Of course, the question of how you first entered the water could lead you to troubles. And while this only applies to "navigable" waters, the bar for navigability is typically set at a ridiculously low threshhold.


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## dsmith1427 (Dec 14, 2011)

If I were a lawyer, I could better understand the content of the following website/link:

http://annarborchronicle.com/wp-content/uploads/2012/07/Water97e_142928_7.pdf

The above site addresses the definition of navigable waters. While the link/website looks official, I could not determine the originator or the validity. Of course my subjective perspective of the above site says the law allows you to fish the waters. Also, of notable interest is how trespassing laws are enforced.

Don


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