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mnhunter2

Legal to hunt these catails?

16 posts in this topic

If you enter a small lake/pond through a WMA and get on the ice would it be legal to walk around the edge of the water on the ice even if some of the lake goes into private property, I know that you could hunt it from a boat or wade it but how is hard ice considered?

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I am not sure if its legal but I would think a landowner wouldn't be too happy with you if you were to do that. Ask permission and you will have no worries about legality.

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I don't know what you mean by "going into private property." I would say that any public waterway whether frozen or liquid is public to the normal high water line.

Bob

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If the lake is 2/3 on the wma and 1/3 on private land could you walk on the ice around the part of lake that is on private land.

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My guess is yes you can. However, to avoid trouble I guess I'd ask anyway.

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It has been my understanding that no part of a public waterway can be privately owned. A lake could be completely encircled by private property and if you decide to drop in with a parachute or helicopter you are perfectly legal. It is even possible for the state to exercise the power to put in a public access if desired.

Bob

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You are correct Bob. According to the regs, if the waterway will float a canoe, it's legal for all to use. You can not trespass to get to the water, however.

In this situation I'd still at least inform the surrounding property owner that I'll be out there. A whole lot of hassles and bad blood can be eliminated that way.

mnhunter76, I'm dying to know what lake/pond/wetland you are talking about. Is it around our area?

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I would also be careful if you do go out for unintentional trespass. With the low water levels in many areas you could get pinched if you step onto dried up slough and off the ice. Many cats I've worked this late season are dry until you get out past the open water so almost all of the cattails are actually not in the water anymore. That would be trespassing if that part of the slough is posted anywhere (even if you did not happen to walk past a sign). It's not worth the hassle to chance it IMO.

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Correct me if I'm wrong but I believe the law reads, "normal high water mark." This means that just because the lake level is low doesn't mean the shoreline owners suddenly have a larger piece of property. What is normally under water is still classified public. I don't know how long it would have to remain dry to no longer be public though.

Bob

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Ya Bob its OHW Ordinary High Water,And believe me its alot further up shore in lower flater areas than one would think I had the DNR use a transit and shoot it in on questionable shore line.I lost bout 20- ft of shore that I cant touch now.But I go by when hunting if questionable always ask! Dont ruin it for others. cool.gif

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My bad. I guess I knew that for lakes but didn't think it thru for sloughs. It won't be the last time I'm wrong about something blush.gif

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Actually DNR considers when the water goes down adjacent owners do suddenly have more land. Check http://preview.dnr.state.mn.us/waters/watermgmt_section/pwpermits/waterlaws.html and http://files.dnr.state.mn.us/publications/waters/Pardon_Me_Myth.pdf long made short when it goes dry stay off. "The belief that the public has access to a strip around the lakes is false" DNR's view anyway you get your own lawyer.

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True Kobear.

On dry years a land owner "has more land" and on wet years they "have less land".

When in doubt, always ask.

What happens if the land owner happened to also be hunting that day and someone got hurt. Or, they are a trapper and your dog gets in his traps? Asking is the safe and right thing to do. Or, just state that "I am going to walk the catails and hunt for game and thought I would let you know". Nothing wrong with that.

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Kobear after reading that,I guess I can tell the DNR to buzzoff and I can cut vegitation to waters edge instead of What the DNR says is OHW??

Maybe you could explain it to the DNR?Have them read MYTHS And I wonder Who printed that??

The way it is now I cant touch anything below OHW mark.I dont own it as I was told.I had to purchase a permit to remove cattails on state property so I could put a dock in,which is also limited to width and length,because its on their controled property. confused.gif

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Cutting water plants and tresspassing laws are totally different issues, and confusing.

Tresspassing laws go by where the water is at that time. Lakeshore development goes by the "high water edge", which is typically a lot further up the land.

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I'm pretty sure that as long as you can access the water through public land you can be anywhere on the water, or in this case on the ice. If there isn't public access to the water you would need permission from the land owner for access to his land to get to the water. That is at least how it is in MN I don't know if it is the same every where else. But I would have to agree with everyone else and say that you should either ask permission or check with the DNR on the certain situation before going onto it.

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