# Attention attention!!!



## steelheader007 (Apr 8, 2004)

I fished the Clearfork today or rather I stood in it for a very short period of time today! I noticed a few posted signs for no tresspassing, but I did notice the landowner was gracious enough to put on there his address for you to ask him permission to access his/her property! Please please folks lets pay attention to this when you see one go ask before you fish or access the water period!!!!!!..My report will be on my blog tommorow!

Cheers, and a few beers!


----------



## ARReflections (Jan 7, 2011)

I am not familar with clearfork but isnt waterways
open as long as you dont go on land? Talking about rivers like GMR LMR Mad river, etc...


----------



## Patricio (Feb 2, 2007)

ARReflections said:


> I am not familar with clearfork but isnt waterways
> open as long as you dont go on land? Talking about rivers like GMR LMR Mad river, etc...


in ohio, the owner owns the land underneath the river itself. they can keep people from wading, but not boats from passing through.


----------



## tractor5561 (Aug 17, 2008)

Patricio said:


> in ohio, the owner owns the land underneath the river itself. they can keep people from wading, but not boats from passing through.


nailed it ^^^ but that includes belly boats!!


----------



## steelheader007 (Apr 8, 2004)

The waters are held in Public trust in the state of Ohio, but the land owners retain ownership of the river/stream bed.


----------



## Salmonid (Apr 14, 2004)

Just to add the the point where you can indeed float through on the water as stated, but "fishing" is a different matter, even in a yak/canoe/belly boat, once you make a cast, you are technically "Hunting (fish) without permission" landowners have the right to grant hunting permission on streams just like they do for wildlife, even though they are all owned by the state. Just wanted to clarify.

Salmonid


----------



## ARReflections (Jan 7, 2011)

Interesting...didn't know all of this. Always figured major waterways were owned by state but once you left the water and stepped on the bank then I could see where it is trespassing. So let's say you are surface fishing so technically, your line and lure does not touch the river/stream bed and you are floating so none of yourself/equipment is hitting the bottom would this still be trespassing since the fish is also not touching the bottom of the river/stream bed? In regard to hunting, I could see where a hunter would be trespassing since the deer/game is standing on the owner's property therefore part of the property even if the hunter was shooting from a different owned land or if it was a bird, the bird after being shot could land on the property. But since a fish may not touch the river bed for surface fishing then is it technically the same? Is it considered trespassing if an airplane or hot air balloon flys over your property? Interesting...

I also ask all of this since I do a lot of wade fishing and armed with the previous thought that as long as I was in the water I was safe but may have to reconsider my possibilities.


----------



## steelheader007 (Apr 8, 2004)

ARReflections said:


> Interesting...didn't know all of this. Always figured major waterways were owned by state but once you left the water and stepped on the bank then I could see where it is trespassing. So let's say you are surface fishing so technically, your line and lure does not touch the river/stream bed and you are floating so none of yourself/equipment is hitting the bottom would this still be trespassing since the fish is also not touching the bottom of the river/stream bed? In regard to hunting, I could see where a hunter would be trespassing since the deer/game is standing on the owner's property therefore part of the property even if the hunter was shooting from a different owned land or if it was a bird, the bird after being shot could land on the property. But since a fish may not touch the river bed for surface fishing then is it technically the same? Is it considered trespassing if an airplane or hot air balloon flys over your property? Interesting...
> 
> I also ask all of this since I do a lot of wade fishing and armed with the previous thought that as long as I was in the water I was safe but may have to reconsider my possibilities.


I really cant speak for Mark, but being a land surveyor for 20 years I can tell you that technically if any thing attached to the person to whom does not have permission touches the bottom of the lake, pond, river, and or ditch he or she can find to be trespassing if said landowner has posted there property and said sportsman is in the act of the activity and does not have permission to be there! Now I would imagine there would have to be a proximity issue there for all we know "Mark I'm giving you grief here" if Russia launches a satellite into space and it crosses there lands I don't think they could be found to be trespassing!


----------



## creekcrawler (Oct 5, 2004)

You can float through, you can fish, you can't drop anchor though.


----------



## fallen513 (Jan 5, 2010)

Legally it becomes trespassing as soon as your feet touch ground.


----------



## Andrew S. (May 22, 2010)

creekcrawler said:


> You can float through, you can fish, you can't drop anchor though.


Interesting thread. Being new to Ohio, I would certainly like to get this straight. We have two diametrically opposed claims here: you can fish, or you cannot.

Which is it?

Does anybody have any official language, from the state, on this?

Thanks!


----------



## flytyer (Jan 3, 2005)

Call the DNR and ask them. They'll be able to tell the law.


----------



## flytyer (Jan 3, 2005)

Call the DNR and ask them. They'll be able to tell you the law.


----------



## fallen513 (Jan 5, 2010)

From the DNR: 



> In Ohio, you can gain access to the stream from public access points, but the private land ownership includes their land under the stream.


Literally, as soon as you stand up from your tube, you're trespassing if you don't have permission from whoever owns the adjacent land. Property lines typically follow channels if the same owner does not own both sides.

As long as you're floating, you can fish anywhere, on just about any river.


----------



## fallen513 (Jan 5, 2010)

More to the point, if you want to fish a stream or river...as long as you can float it & access it from somewhere public, you are allowed to fish in it.


(even with your bait draggin' bottom, lol )


----------



## Andrew S. (May 22, 2010)

Thanks Seth. This was my understanding of similar laws in other states, but since some people suggested that even fishing was off limits if your fly touches bottom, I figured this was good to know.

I fish a lot of fast sinking carp flies, after all !


----------



## Salmonid (Apr 14, 2004)

This issue is very vague when it comes down to "interpretation" and if you call 5 different law officers, ( CO, Local Po po, Sheriff, DNR, etc) you will get 5 different interpretations. Bottom line here is if someone calls on you and the law arrives, pretty much, no matter what the situation, youll be asked to leave, the landowner will always pull a higher value on the situation then you will. What i speak of is "technically" the law as it is written AND interpreted by the local county officers. This area of law is very "gray" and the law skirts all around the trespassing issue and does indeed say that if a stream is navigable by law, it is indeed recreationable, but nowhere is the defination of "Navigable" defined in Ohios code. BTW Ohio does NOT follow the US Code version of "navigable" so dont evn try that one, wont fly. Its been said before and Ill say it again, best bet is either get written permission, or stay , "Out of sight, out of mind". I might add our Trout Unlimited chapter spent many years trying to get DNR /DOWatercraft to define "navagable" but it never happened and never will since it would open up a HUGE can of worms. 

Salmonid


----------



## steelheader007 (Apr 8, 2004)

fallen513 said:


> More to the point, if you want to fish a stream or river...as long as you can float it & access it from somewhere public, you are allowed to fish in it.
> 
> 
> (even with your bait draggin' bottom, lol )


I hope your talking about Michigain! In Ohio your wrong buddy! Once your foot steps on the river/creek bottom and you dont have permisson to fish that body of water you are tresspassing! Since 1856 I believe they have not done an navigable stream surveys. During that survey there was only a few rivers deemed navigable and there is only 5 in Ohio I believe "need to find out which ones". Seth iam not trying "this time" to be a jackwagon but there are the facts!


----------



## steelheader007 (Apr 8, 2004)

Salmonid said:


> This issue is very vague when it comes down to "interpretation" and if you call 5 different law officers, ( CO, Local Po po, Sheriff, DNR, etc) you will get 5 different interpretations. Bottom line here is if someone calls on you and the law arrives, pretty much, no matter what the situation, youll be asked to leave, the landowner will always pull a higher value on the situation then you will. What i speak of is "technically" the law as it is written AND interpreted by the local county officers. This area of law is very "gray" and the law skirts all around the trespassing issue and does indeed say that if a stream is navigable by law, it is indeed recreationable, but nowhere is the defination of "Navigable" defined in Ohios code. BTW Ohio does NOT follow the US Code version of "navigable" so dont evn try that one, wont fly. Its been said before and Ill say it again, best bet is either get written permission, or stay , "Out of sight, out of mind". I might add our Trout Unlimited chapter spent many years trying to get DNR /DOWatercraft to define "navagable" but it never happened and never will since it would open up a HUGE can of worms.
> 
> Salmonid


Yea farmers hate fisherman..lol...


----------



## fallen513 (Jan 5, 2010)

Not sure what you're talking about Tom? If you are floating, you can fish the rivers, period. Perhaps you misunderstood me...


----------



## fallen513 (Jan 5, 2010)

If you read what I wrote again, you'll see that what you stated, is exactly what I stated...right before you stated it. 


Give it another go.


----------



## steelheader007 (Apr 8, 2004)

fallen513 said:


> If you read what I wrote again, you'll see that what you stated, is exactly what I stated...right before you stated it.
> 
> 
> Give it another go.


Ok kewl!..lol...


----------



## creekcrawler (Oct 5, 2004)

Hmmmm. So if I put my yak in Cold Creek above the Sunnybrook Trout Club, I could legally float through the trout club property .. .. .. ... . . (joking, don't think it would work)


----------



## fallen513 (Jan 5, 2010)

There are exceptions, of course. The above case would be an example of where the _water _is off limits as well.


----------



## ARReflections (Jan 7, 2011)

Thanks Fallen for answering my question regarding nothing touching the bottom of the river bed therefore not trespassing. On a sort of related topic, did you guys check out this from Washington Fly Forum and the new bill that has passed through the House and currently in the Senate. The number of fishing access in Montana may be severely limited if this passes.

http://www.washingtonflyfishing.com...-law-under-fire!!-Help-is-needed!-No-on-HB309!

So if you enjoy fishing in Montana then this bill is very important that it not pass. Sounds like a certain lawmaker trying to be selfish.


----------

