Hunting Islands

[Rowdie]

I was looking on onXmaps and I have a question. If a persons land ownership contains a large area of a lake with some islands and said person has their land posted, are those islands also posted or can you hunt it because it's in the middle of the lake? I know that person technically does not own the water and cannot tell you can't fish the waters from a boat, but how do islands work? The below picture is for a reference.

Yup, just hunt all that shit!

 

[dblkluk]

you can be on shore below the ordinary high water mark on what are known as "navigable" bodies of water in this state. don't get me started on that term. there are some that definitely fall under that term. those that are not on that definitive list are a legal grey area that's worthy of a mid length legal essay. but beaching, hanging out on shore, etc... below the ordinary high water mark is a lot different than hunting.

Google "North Dakota navigable waters" and there's a PDF that lists all the navigable waters at this time.
Beaching, hanging out or hunting below the high water mark on navigable rivers is all the same. It's legal.

 

[dblkluk]

I guess that makes sense. I just read that I can anchor the boat and shoot from there, so that's always an option.

Not if its non navigable body or water. Anchoring is considered contact and you are trespassing. I took this question all the way up to the state's attorney at one time when everyone at the G and F gave me a wishy-washy answer.

 

[Wall-eyes]

Not if its non navigable body or water. Anchoring is considered contact and you are trespassing. I took this question all the way up to the state's attorney at one time when everyone at the G and F gave me a wishy-washy answer.

It is said when a person has to go through so much to find out.

 

[dblkluk]

It is said when a person has to go through so much to find out.

NDGF wont ever tell you what the actual laws are when it comes private/private property.
They must all be told one Day 1 of employment to just say "It's best to ask permission...to be on the safe side"

 

[ndlongshot]

I think high water mark rules only apply to navigable waterways. Even then i would be leery on anything outside of the missouri river.

 

[Shockwave]

Not if its non navigable body or water. Anchoring is considered contact and you are trespassing. I took this question all the way up to the state's attorney at one time when everyone at the G and F gave me a wishy-washy answer

This is all very dumb

 

[riverview]

if that's the way it is ive done a lot of trespassing on dvl hunting ducks

 

[Shockwave]

if that's the way it is ive done a lot of trespassing on dvl hunting ducks

It would be interesting to see how many actually care. I could see if it was a body of water in the middle of property, but an island 300 yards out in a recreational lake? I know I wouldn't care. Like someone above pointed out, it was more than likely mostly land at one point. I guess I can always call the landowners and check.

 

[1bigfokker]

guess I can always call the landowners and check.

This should be your first option.

 

[snow2]

All states have different trespass laws,here in mn for example land owner owns all real property around said body of water,lake or pond is private, rafting in colorado and Wyoming it is illegal to float water way w/o permission,ranchers get pissed.
Deer hunting in my younger years,two of us would head to southn mn with canoe in tow,we would float small rivers/streams and take turns pushing every small island we came too midday,deer being pushed by hunters seek refuge on these islands.

 

[dblkluk]

All states have different trespass laws,here in mn for example land owner owns all real property around said body of water,lake or pond is private, rafting in colorado and Wyoming it is illegal to float water way w/o permission,ranchers get pissed.
Deer hunting in my younger years,two of us would head to southn mn with canoe in tow,we would float small rivers/streams and take turns pushing every small island we came too midday,deer being pushed by hunters seek refuge on these islands.

Incorrect. Though landowners in all waterways in WY and Colorado own the bottom, It is legal to float any body of water in WY or CO as long as you enter and exit on land you have permission to be on and that you, any part of your boat, or your anchor do not touch bottom on any private ground (river bottom). if you do its trespassing. I float and fish in both states often and know guys who get very creative to float and fish through prime stretches of "private" trout water in both states.

 

[Rowdie]

if that's the way it is ive done a lot of trespassing on dvl hunting ducks

You're good until you touch the corn.

 

[johnr]

You're good until you touch the corn.

LOL

 

[Obi-Wan]

You're good until you touch the corn.

 

[snow2]

Incorrect. Though landowners in all waterways in WY and Colorado own the bottom, It is legal to float any body of water in WY or CO as long as you enter and exit on land you have permission to be on and that you, any part of your boat, or your anchor do not touch bottom on any private ground (river bottom). if you do its trespassing. I float and fish in both states often and know guys who get very creative to float and fish through prime stretches of "private" trout water in both states.

Agreed kinda,i lived in summit county Colorado many years,we had plenty of confrontations with land owners on the Colorado river and the Blue river south of silverthorn,all private all the way to Kremlin where the blue dumps into the colorado river,long stretch of class 5 trout waters,we were young rafting these waters and snubed our noses at these crabby ranchers as our rafts certainly didn't leave a foot print on these water ways...,infact fishermen sneaking in by land,caught and tagged by local enforment,so yes Colorado water ways are private unless one is savy enough to locate land owner miles away,no computers back then to help in locating said land owners,we had our ass chewed rafting fishing the snake river in wyoming once and that was enough,rancher got irrate,hostel even i recall.

Seems every nook and cranny is private these days.

 

[luvcatchingbass]

Incorrect. Though landowners in all waterways in WY and Colorado own the bottom, It is legal to float any body of water in WY or CO as long as you enter and exit on land you have permission to be on and that you, any part of your boat, or your anchor do not touch bottom on any private ground (river bottom). if you do its trespassing. I float and fish in both states often and know guys who get very creative to float and fish through prime stretches of "private" trout water in both states.

So that take out running bottom bouncers I guess. I can see the headlines now "Man gets Trespass fine for letting lead weight touch bottom of river"
Just to clarify this is a joke

 

[dblkluk]

Agreed kinda,i lived in summit county Colorado many years,we had plenty of confrontations with land owners on the Colorado river and the Blue river south of silverthorn,all private all the way to Kremlin where the blue dumps into the colorado river,long stretch of class 5 trout waters,we were young rafting these waters and snubed our noses at these crabby ranchers as our rafts certainly didn't leave a foot print on these water ways...,infact fishermen sneaking in by land,caught and tagged by local enforment,so yes Colorado water ways are private unless one is savy enough to locate land owner miles away,no computers back then to help in locating said land owners,we had our ass chewed rafting fishing the snake river in wyoming once and that was enough,rancher got irrate,hostel even i recall.

Seems every nook and cranny is private these days.

Again. Water is public and floating in both of these states is 100% legal.
Touching bottom on private ground is not. A lot of places including the Blue are very difficult to access to float and/or float and not touch bottom so this is where the "private water" interpretation comes from. The assholes on "private" stretches of the Blue have gone so far as stocking their own fish to maintain "trophy" fisheries for their big money clients.
I have had multiple confrontations and tried to be bullied off "private water" by ranch owners/managers and guides/outfitters while floating several waters in Wyoming and have not backed down as I know what's legal and what isn't. They hate that.

 

[dblkluk]

So that take out running bottom bouncers I guess. I can see the headlines now "Man gets Trespass fine for letting lead weight touch bottom of river"
Just to clarify this is a joke

Honestly, I've asked this question. They consider this incidental contact.

 

[wslayer]

Are these landowners paying "taxes" on this ( un- productive ) land under water. I'd bet not. Crock of sh*t, IMO