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-   -   new regulation vote (https://www.huntingnet.com/forum/whitetail-deer-hunting/311579-new-regulation-vote.html)

bandgod 12-04-2009 04:42 PM

new regulation vote
 
How many of you would vote for a regulation in your state if it read as such?

"Float hunting (on a river, lake, pond, stream) through private land with the intent to kill deer is prohibited unless prior authorization from the landowner has been granted. Float hunting where water borders public land is permissible"

Yes or no would be good and if your state already has some sort of regulation like this would be nice to know as well. Any additional thoughts?

driftrider 12-04-2009 04:51 PM

How about just making it illegal to shoot a rifle over water? That's the law in Iowa.

Mike

iSnipe 12-04-2009 04:56 PM

My first instincts, and without much thought, is to vote "Yes" on such a regulation. Most all the deer will be on land... land that belongs to someone who pays the taxes and is owner of that land. A very small percentage will be in the water and when you take a shot, most likely will run up on shore onto someone's else's property.

Now I haven't considered this enough to make an educated decision, so I'm curious as to the replies because there may be good reason to vote "No', although I can't see that happening at the moment.

iSnipe

salukipv1 12-04-2009 06:19 PM

?

This is the worst proposal ever!

From my western game research I do, I believe there are some great units that are entirely blocked by private land unless you float a river to get to them, so this is what I envision when you talk about such a proposal, essentially any public land that is locked by private land would now become un usable by such a law and therefore I totally would not be in favor of it.

bigbulls 12-04-2009 06:38 PM

Against it as it is worded right now.

It should read something like....

"Float hunting (on a river, lake, pond, stream) within the confines of private land with the intent to kill deer within that private land is prohibited unless prior authorization from the landowner has been granted.

Float hunting with the intent to kill deer on public land where water borders public land is permissible.

Floating (on a river, lake, pond, stream) through private land with the intent to access public land that is bordered by the river, lake, pond, or stream that the hunter is floating on is permissible.

Shooting big game animals that are in water is prohibited"



bandgod 12-05-2009 03:35 AM

I like the new wording. My intent would not be to discourage people from hunting where the land is public or from accessing public ground by boat.

iSnipe 12-05-2009 08:52 AM

Yes, I like the new amending. I knew I was missing something.

Had a person want to float through water, in reference to deer hunting, with private land on both sides, they wouldn't be able to as the current wording stands. The amended version would allow such a float if the party wanted to pass through to get to public land.

So "No" on the 1st version.

iSnipe

vabyrd 12-05-2009 09:51 AM


Originally Posted by bigbulls (Post 3520013)
Against it as it is worded right now.

It should read something like....

"Float hunting (on a river, lake, pond, stream) within the confines of private land with the intent to kill deer within that private land is prohibited unless prior authorization from the landowner has been granted.

Float hunting with the intent to kill deer on public land where water borders public land is permissible.

Floating (on a river, lake, pond, stream) through private land with the intent to access public land that is bordered by the river, lake, pond, or stream that the hunter is floating on is permissible.

Shooting big game animals that are in water is prohibited"



I'd probably go along with that. If you step foot out of the boat on private land, you are trespassing. I'd get a little nervous about guys shooting rifles out of a boat though, most can't shoot of a bench..

teedub31 12-05-2009 04:55 PM


Originally Posted by vabyrd (Post 3520424)
I'd probably go along with that. If you step foot out of the boat on private land, you are trespassing. I'd get a little nervous about guys shooting rifles out of a boat though, most can't shoot of a bench..


Could someone provide me with the rules governing waterways and private property. And with rules I mean cited laws not what you thinks or have been told. I have been told that property owners own the river (pretty sure it is false). I have been told that they own the ground under the river. (I don't know one way or the other). I have also been told that the high water mark of a navigable river is a public easement even if there is no water at that level currently.

Lots and lots of answers, but I have never been able to have a person cite the law supporting their veiw of river access through private property.

teedub31 12-05-2009 05:09 PM


Originally Posted by driftrider (Post 3519913)
How about just making it illegal to shoot a rifle over water? That's the law in Iowa.

Mike

What about shotguns and pistols??

driftrider 12-05-2009 06:10 PM

Shotguns shooting shot are legal. I'm pretty sure that any firearm shooting a single projectile is illegal.

Mike

bigbulls 12-05-2009 06:33 PM


Could someone provide me with the rules governing waterways and private property. And with rules I mean cited laws not what you thinks or have been told.
http://www.adventuresports.com/river...law-public.htm

http://www.adventuresports.com/river...w-who-owns.htm

In Florida...

Prohibited methods and equipment for taking game

* Shooting from vehicles, powerboats or sailboats moving under
power. Motors must be shut off or sails furled, and the vessel’s
progress must cease from such motor or sail before hunters may
shoot wildlife.
*Discharging firearms over paved public roads, rights-of-way,
highways, streets or occupied premises is prohibited.
* Shooting or propelling potentially lethal projectiles over or across
private land without authorization in order to take game is considered
criminal trespassing and is a felony.


vabyrd 12-05-2009 06:38 PM


Originally Posted by teedub31 (Post 3520725)
Could someone provide me with the rules governing waterways and private property. And with rules I mean cited laws not what you thinks or have been told. I have been told that property owners own the river (pretty sure it is false). I have been told that they own the ground under the river. (I don't know one way or the other). I have also been told that the high water mark of a navigable river is a public easement even if there is no water at that level currently.

Lots and lots of answers, but I have never been able to have a person cite the law supporting their veiw of river access through private property.

you have to read the deeds. Some are high water mark, some are to the middle. Your probably not going to find a one size fits all answer I would guess. I know where I am, you better keep your butt in the boat unless you know someone.

turkey guide 12-05-2009 10:30 PM

In Missouri deer cannot be shot in water and cannot be shot from a boat that is moving or has a motor running.

teedub31 12-06-2009 06:21 AM


Originally Posted by vabyrd (Post 3520803)
you have to read the deeds. Some are high water mark, some are to the middle. Your probably not going to find a one size fits all answer I would guess. I know where I am, you better keep your butt in the boat unless you know someone.

This is why I asked.

Read the post above you and see what the courts have said about this. The deed means nothing when it comes to the river. Court law has deemed public access to the high water mark and below with the underlaying bed still public property.

Murder someone in the river because you claim tresspassing and see how life/bubba treats you. It would almost be considered premideitated as posts like yours indicated you intend to take action in the future should it arise and that it did not arise out of passion and possible be considered manslaughter.

Bob S 12-06-2009 06:40 AM


Originally Posted by bandgod (Post 3519896)
How many of you would vote for a regulation in your state if it read as such?

"Float hunting (on a river, lake, pond, stream) through private land with the intent to kill deer is prohibited unless prior authorization from the landowner has been granted. Float hunting where water borders public land is permissible"

Yes or no would be good and if your state already has some sort of regulation like this would be nice to know as well. Any additional thoughts?

That is already pretty close to the law in Michigan. Hunting rights belong to the riparian land owner.

vabyrd 12-06-2009 06:53 AM


Originally Posted by teedub31 (Post 3521087)
This is why I asked.

Read the post above you and see what the courts have said about this. The deed means nothing when it comes to the river. Court law has deemed public access to the high water mark and below with the underlaying bed still public property.

Murder someone in the river because you claim tresspassing and see how life/bubba treats you. It would almost be considered premideitated as posts like yours indicated you intend to take action in the future should it arise and that it did not arise out of passion and possible be considered manslaughter.

WTF are you talking about? Who said anything about killing someone? Are you friggin nuts? Look here stupid, if you are in a boat on a river, you don't get out and do stupid crap unless you have permission or are on public land. If you think your going to float down a river and shoot deer between the waters edge and the bank, you're stupid.

No one said anything about shooting someone, except you. Nutjob.

teedub31 12-06-2009 07:36 AM


Originally Posted by vabyrd (Post 3521120)
WTF are you talking about? Who said anything about killing someone? Are you friggin nuts? Look here stupid, if you are in a boat on a river, you don't get out and do stupid crap unless you have permission or are on public land. If you think your going to float down a river and shoot deer between the waters edge and the bank, you're stupid.

No one said anything about shooting someone, except you. Nutjob.

I misinterpreted you "I know where I am at, you better keep your butt in the boat" as a threat that I hear all the time from where I am from. Landowners in my neck of the woods think they own the river bed and claim that they will protect themselves from tresspassers on "their land" and that getting out of a boat and placing a foot on the river bed constitutes tresspassing and an attack on their personal sovreignty cause their deed fradulently says they own half the river.


My post/question was about river rights and access and the law as it applies to public/private ownership and what constitutes trespass because most landowners really don't know near as much about the leagalities of the river running through their property as they think they do. I never brought up the hunting issue or shooting deer on private land.

iSnipe 12-06-2009 09:00 AM


Originally Posted by vabyrd (Post 3521120)
WTF are you talking about? Who said anything about killing someone? Are you friggin nuts? Look here stupid, if you are in a boat on a river, you don't get out and do stupid crap unless you have permission or are on public land. If you think your going to float down a river and shoot deer between the waters edge and the bank, you're stupid.

No one said anything about shooting someone, except you. Nutjob.

vabyrd, You owe a new keyboard. I 'bout choked and spit out my Sunkist lemonade all over it when I read that. LOL! That's funny! Nutjob and I had a few words way back when, but it's so much more fun hearing it from someone else. LOL!

iSnipe :patriot:


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