Creek/River hunting

[LonewolfNopack]

For those of you that float creeks and rivers to hunt waterfowl, how do you handle permission, if at all? We have several public access sites in my area on creeks as well as the scioto river where I know lots of guys launch watercraft to either float hunt or to anchor and put out a spread and hunt.

I have been told two different things by different people. One theory is you have to have permission from all the property owners that you float by, which I think is total bogus and if that's the case everyone that float hunts is illegal.

The second theory is you do not have to have permission to float past properties, as long as you stay in your watercraft and do not touch bottom. Not touching bottom including anchoring, putting down decoys with anchors or roping your watercraft off to a stump or tree. I think this may be the correct law, but then I think about all the folks hunting the scioto and ohio rivers and putting out spreads of decoys, do all these folks really have permission to drop an anchor or decoy from the surrounding property owners on the land? I would have to think not. Not to mention the thousands of folks who kayak creeks fishing every year and anchor their kayak or get out and wade fish or eat lunch. Just seems like a massive grey area that is bothering me. Folks from the division of wildlife all tell me a different answer too.

 

[Carpn]

Technically you need permission if you touch bottom . If you are floating you do not need permission .

Ohio's interpretation of this law is alot different than most states . And from what I have observed most wildlife officers only enforce the law if there is a complaint .

If you plan on just floating no permission is needed . But if you do find a area that frequently holds birds and you'd like to set up and decoy birds there you will need landowner permission .

 

[giles]

Can’t touch bottom. The landowners owns the land, the water is public property.

 

[LonewolfNopack]

Technically you need permission if you touch bottom . If you are floating you do not need permission .

Ohio's interpretation of this law is alot different than most states . And from what I have observed most wildlife officers only enforce the law if there is a complaint .

If you plan on just floating no permission is needed . But if you do find a area that frequently holds birds and you'd like to set up and decoy birds there you will need landowner permission .

Maybe I am stretching things here but what if like you said I found an area that holds lots of birds. I also find a slack water area that I can paddle to and not get out of the yak. Am I legally allowed to just sit in the spot and hunt the birds as they come in as long as I dont anchor, tie off or throw out decoys?

 

["J"]

I would reach out toobthe attorney generals office (online) and pose this question too them. They’ve always been real helpful and quick too answer any questions I’ve put fwd too them....

IMHO your second scenario is accurate. Anchoring shouldn’t be an issue but tying off too someone’s tree could be. Shooting waterfowl over the water shouldn’t be an issue, the issue will be if one drops on someone’s property, who’s a bit anti what you’re doing. Would be the same issue deer hunting, bird hunting close too property lines.

 

[Carpn]

The way the law is written they own the dirt but not the water . Long as you don't touch the dirt you are fine .
No one can legally do anything long as you don't touch the bank or the bottom with anything.

 

[jagermeister]

Navigable water is just that... They can't do anything unless you physically touch bottom or anchor. At that point, you're trespassing. I've never messed with float hunting because up here most of the tributaries are pretty narrow. Ensuring that you drop a bird in the water each and every time, and not sail one up on land, is just more risky than the reward is worth to me. And dealing with surrounding landowners that may or may not understand the law, or care to understand it, is also not worth it to me either.

 

[LonewolfNopack]

Thanks for the replys all. I have the perfect spot that birds are flocking to between feeding in the fields, good slack water to just rest the kayak. Dont even need to put out dekes, it works out great. No bottom ever touched.