• GUESTS

    If You  want access  to member only forums on FM, You will need to Sign-in or  Sign-Up now .

    This box will disappear once you are signed in as a member.

  • WE CREATE LONG TERM, MEANINGFUL RELATIONSHIPS IN HERE ... PLEASE JOIN US.

    You know what we all love...

    RECEIVE THE GIFTS MEMBERS SHARE WITH YOU HERE...THEN...CREATE SOMETHING TO ENCHANT OTHERS THAT YOU WANT TO SHARE
    When you enchant people, you fill them with delight and yourself in return. Have Fun!!!

Sign in to follow this  
mnhunter2

Legal to hunt these catails?

Recommended Posts

mnhunter2

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?

Share this post


Link to post
Share on other sites
gonefishin11

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.

Share this post


Link to post
Share on other sites
BobT

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

Share this post


Link to post
Share on other sites
mnhunter2

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.

Share this post


Link to post
Share on other sites
Eric Wettschreck

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

Share this post


Link to post
Share on other sites
BobT

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

Share this post


Link to post
Share on other sites
Eric Wettschreck

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?

Share this post


Link to post
Share on other sites
fivebucks

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.

Share this post


Link to post
Share on other sites
BobT

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

Share this post


Link to post
Share on other sites
sparcebag

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

Share this post


Link to post
Share on other sites
fivebucks

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

Share this post


Link to post
Share on other sites
kobear

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.

Share this post


Link to post
Share on other sites
Hammer Handle

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.

Share this post


Link to post
Share on other sites
sparcebag

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

Share this post


Link to post
Share on other sites
Hammer Handle

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.

Share this post


Link to post
Share on other sites
ontheice4eyes

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.

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.
Sign in to follow this  

Announcements



  • Your Responses - Share & Have Fun :)

    • DLD24
      Do you have any tips for fishing Fish Lake this time of year? I'm gonna try it out in the next few days... Is it typically an early morning, late evening bite or can you get them all day long? Thanks for any info.
    • PRO-V
      Calling them would be your best bet. Maybe you can reserve some on a card.
    • delcecchi
      starft you off.... https://www.dnr.state.mn.us/lakefind/lake.html?id=69066000 http://files.dnr.state.mn.us/lakefind/data/lakemaps/b0537011.pdf Status of the Fishery Ely Lake is located approximately 2 miles SE of the city of Eveleth. This popular lake is highly developed with homes and cabins. There is a small seaplane base and two public swimming beaches also located there. Water clarity is good and large amounts of aquatic vegetation can be found throughout the lake. 

      There is a concrete planked boat ramp and dock located near the NE end of the lake off Cedar Island Drive (CR629) for public access. The parking space is somewhat limited near the ramp. Several private accesses are also present. 

      Thirteen species of fish were sampled during the 2017 survey on Ely Lake. Gill nets, trap nets and night electrofishing were all used to sample the fish community. Small bluegill were common in the gill net catch (34%) and abundant in the trap net catch (57%). Other panfish species including hybrid sunfish, pumpkinseed, green sunfish and black crappie were also sampled in good numbers. Largemouth bass outnumbered smallmouth bass in the 2017 sample. Walleye (16%) contributed to the gill net catch and several were sampled in the trap nets. Yellow perch are present in average amounts and some good sized pike were again sampled during the 2017 survey. 

      Bluegill numbers in 2017 (72.1/trap net) were much higher than the long term average (31.6/trap net) on Ely Lake and greatly above average (7.9/trap net) compared to other similar lakes in the area. The average bluegill sampled was 5.6 inches long and about 6 years old. Approximately 66% of the bluegill sampled with the trap nets were under 6 inches with a maximum size recorded of 8.0 inches. Bluegill sampled with the gill nets had a similar size structure. Approximately 7% of the hybrid sunfish sampled in the trap nets were 8 inches or larger. Several pumpkinseeds were also in this size range. 

      Largemouth bass (92%) and smallmouth bass (8%) were sampled during the night electrofishing effort. The average largemouth sampled was 10.9 inches which is similar to the historic average of 10.6 inches. The biggest largemouth sampled was 18.5 inches. Approximately 33% of the largemouth sampled were 12 inches or larger. The average smallmouth sampled was 9.8 inches which is slightly larger than the historic average (8.4 inches). The largest smallmouth sampled was 16.8 inches long. Approximately 32% of the smallmouth sampled were 12 inches or larger. Largemouth bass were also sampled from the gill nets and trap nets in numbers above average. 

      Walleye numbers in 2017 (6.2/gill net) were similar to the historic average (6.1/gill net) on Ely Lake and slightly above average (5.0/gill net) when compared to other similar area lakes with walleye. The average walleye sampled was 15.5 inches and about 4 years old. Approximately 34% of the walleye sampled were 15 inches or larger up to a maximum of nearly 29 inches. Walleye fingerlings are currently being stocked during even-numbered years and in 2017 approximately 62% of the walleye aged came from years where stocking occurred. 

      Northern pike numbers in 2017 (1.1/gill net) were similar to the historic average (1.3/gill net) and below average (3.2/gill net) compared to other similar area lakes with pike. The average pike sampled was 26.8 inches which is similar to the historic average length of 26.3 inches. The largest pike sampled in 2017 was 35.2 inches long and sampled with a trap net. 
    • gizmoguy
      Yes they do. Many resorts are set up for summer usage. Understand you can't use your FH in the storage lots. Only in a summer use lot. You have to pay for it. The cost is in addition to your winter fees. Usually more $ but the season is longer. The county requires the resorts to have bathroom facilities within a certain distance. Mac's Twin Bay has summer lots as do many others. Hunter's Point is another. Doubt Brandt's is set up for summer.
    • DRAGFOOT
      Sweet! Heading back up tonight through the weekend. Bringing the wife and little one this time instead of my buddies, hopefully the weather cooperates.
    • Neutz68
      Heading up Sat morning and will be looking for Shiners. Anyone know if the Gateway and/or Kab Outdoors have them in stock??    Thanks for the input.
    • crappieslapper
      Hi Guys & Gals, My brother in law recently purchased a property on Ely Lake. All the boys are invited up this year on Memorial. Unfortunately nobody in the family has been on the lake before. I thought I would reach out to the pros here on the forum to see if anyone would be willing to give us a few tips on fishing this lake. Thanks in advance, Dan
    • crappieslapper
      Hey Forum, My brother in law just purchased on Ely Lake. Memorial weekend will be the first time on lake. Wondering if anyone has some experience/tips they would be willing to offer the Ely lake rookies. Thanks so much. Dan
    • huntnfish
      I made it out last Sunday and did some searching for walleye. The search didn't produce any walleyes, just northerns and smallies. The water temp on the main lake was 58-59 with the bays being about 5 degrees warmer. The people I have talked to have had similar issues finding the eyes. We missed some fish that left the shiner all chewed up. Most of the fish marked were out in that 18-21 foot range which seemed pretty deep for this early. It could have been Saturday's cold front that pushed them a little deeper though. 
    • Hoey
      SRJ - Thanks for the report.  I heard the bite was very-good to excellent, off the rocks/reefs, in the mud/sand.  I will be at the lake fishing this weekend.