Getting permission to ice fish private waters?

[Bowhunter57]

I've only been ice fishing for two years. I don't think you can count last year since it never froze, but that first year I noticed a difficulty in getting landowners to allow fishing permission...on ice. I've always had good luck getting permission to fish open water farm ponds.

Instead of liability fears or their own fears, etc., it's more like trying to get permission to hunt deer on opening day of the deer gun season. However, there have been a few landowners that have mentioned up front how dangerous they thought it was to be on the ice.

Have you guys noticed it being more difficult to get permission to ice fish?

Thank you, Bowhunter57

 

[bowhunter1023]

Don't know a thing about it, but I could supply you with release of liability language to add to your permission slip if you would like...

 

[Bowhunter57]

Jesse,
That may make the difference. If you would like you could send it in a PM or an e-mail...either one is good. I type out my own permission slips, so I'll just at the verbage to the one that I have.

Bowhunter57

 

[bowhunter1023]

I tailored this to you a little, but anyone can take this language and make it work. Feel free to edit it as needed...

Release of Liability​

In exchange for the right to hunt (and/or fish) on the property of ____________________ (hereafter referred to as Landowner), located at _________________________, the Participant agrees to the following:

Participant waives for his or her executors, administrators, assignees or heirs, any and all rights and claims for damages, losses, demands and any other actions whatsoever, which he or she, may have or which may arise against the Landowner, and any of his or her heirs, officers or agents, including but not limited to any and all injuries, damages or illnesses suffered by Participant and/or Participant's property, which may, in any way whatsoever, arise out of, be related to or be connected with hunting or in any way connected with his or her presence on the property of the Landowner. Participant on behalf of himself or herself and his or her executors, administrators, assignees or heirs, hereby expressly release the Landowner and any of his or her heirs, officers or agents from any and all such claims.

Participant hereby expressly assumes the risk of entering the land of Landowner and of taking part in activities relating to hunting and fishing (ice fishing) on the land/water of Landowner which include, but are not limited to, the discharge of firearms or other weapons, fishing on or near water, fishing on the ice, and the general use of and presence on the land of Landowner.

Participant furthermore hereby acknowledges and agrees that he or she has read, understands and will at all times abide by this agreement.

This instrument binds Participant and his or her executors, administrators, assignees or heirs.

_________________________________________
(Participant)

_________________________________________
(Landowner)

_____________________
(Date)

 

[jagermeister]

Doesn't the ODNR template permission slip have release of liability language already printed on it?

I haven't really asked to ice fish on much private water, as most of my fishing is on public water. But I imagine, even with liability language on the slip, folks are still going to be hesitant to allow you to fish if they're concerned for your safety. For some reason people just don't believe that language on the slip is going to cover their ass...

 

[bowhunter1023]

It does, but this is more bullet proof language and if you sign it as its own piece if paper instead of "sliding it in" on the permission slip, most folks will view that as a sign of "legitimacy".

 

[jagermeister]

It does, but this is more bullet proof language and if you sign it as its own piece if paper instead of "sliding it in" on the permission slip, most folks will view that as a sign of "legitimacy".

Ahhhhh I gotcha. That makes sense.

 

[badger]

Same as Jim, I've never asked too many times for private water as far as fishing goes. I have had landowners hesitate to let me trap due to issues with ice. Then they decide the trees the beaver are raping, or the banks of their ponds the rats are eroding away are worth the risk of letting me in.

 

[bowhunter1023]

Ahhhhh I gotcha. That makes sense.

I've found in my line of work that its not about the language as much as the presentation with some people. There are times where I will take existing language they read right over in a contract, represent it in a new form and wa-la, done deal. The DNR supplied language would probably hold in a court, but the above language certainly would.

 

[Tree Monkey]

Be careful!!!... my grandpa died ice fishing a pond!.... ever since i try to stay off ice whenever possible

 

[Jackalope]

I never really understood why I personally have to have a signed slip containing a liability clause that covers the landowner. I think we can get much further with landowners if they were not required to sign anything. Most of them don't like to sign things no matter what it says. Wouldn't it make more sense if we approached it from the angle of "i am signing a release of liability for you, it says that I cannot sue you no matter what. You keep this."

I think to a weary landowner they would be much more comfortable and willing to give permission if I was the one signing something not them.


Yes I realize were supposed to have two copies of the DNR slip I keep one and they keep one. I think that's bogus as a game wardens not going to press an issue unless the landowner tells them to anyway. And odds are if they check your slip they're still going to go talk to the landowner.

 

[Bowhunter57]

Yes I realize were supposed to have two copies of the DNR slip I keep one and they keep one. I think that's bogus as a game wardens not going to press an issue unless the landowner tells them to anyway. And odds are if they check your slip they're still going to go talk to the landowner.

Jackalope,
I have one landowner that will not give written permission, but says that I can hunt his property anytime. I asked him about the GW showing up and asking for my written permission. He said, "Send him up here and I'll explain to him that it's MY land and it's time for him to move on and stop bothering the hunters that are killing the critters that are eating my crops." :smiley_asswhip:

I thanked him, offered him any of my kills and he declined. He said to take what I wanted and enjoy. Heck of a nice guy. Wish there were more like him.

Bowhunter57