I have a few great trout holes that I like to fish but because of a few missbehaved people the landowner and his neighbors will not let anyone near their land. I tried to walk in the water last year and he came out of his house going ape [censored]. The question here is what are the rules on where a person can walk in a stream? Is there a high water mark that you have or is it water only. Thank’s
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Trout regulations
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jhalfenPosts: 4179April 12, 2006 at 7:59 pm #437716
You’re 100% legal if your feet are wet. Of course, you must enter the water at a public right-of-way (bridge crossing). The high water mark provision was eliminated several years ago.
If you want to be confrontational (which I would not recommend), carry a cell phone with you and call the CO if the landowner comes out and gives you the business. It’s illegal to harass someone who is lawfully pursuing fish or game.
Alternatively, you could approach the landowner and ask for permission. Asking nicely, and reviewing your rights to legal water access (keeping your feet wet 100% of the time and accessing the stream legally) may convince the landowner to let you fish the stream.
April 12, 2006 at 8:03 pm #437718I try every year. But the old guy just won’t give in. Last year he got his neighbers to join him. One of them likes me but they don’t want him getting mad at him. Mabey this year he will give in.
April 13, 2006 at 12:04 pm #437809I think youre wrong on feet wet,I believe you must be floating on the surface of the water and access it from public property or have permission from a private access.
jhalfenPosts: 4179April 13, 2006 at 2:13 pm #437846I know with 100% certainty that I am correct. Here is the relevant text from page 32 of the 2006/7 WI trout regulations pamphlet:
Public or Private?
How Do I Know If I’m Trespassing?
• Navigability determines whether a waterway is public or
private. Navigable lakes and streams are public waterways.
• A waterway is navigable if it has a bed and banks and it is possible to float a canoe or other small craft at sometime of the year — even if only during spring floods.
• Because they are public, you may use navigable waters for
fishing, boating, swimming or other recreational activities,
provided public access is available, or you have permission of the land owner to cross their property to reach the waterway.Once on a navigable waterway, AS LONG AS YOU KEEP
YOUR FEET WET, YOU MAY WALK ALONG THE BED OF
THE STREAM, FISH, SWIM, OR BOAT IN ANY NAVIGABLE
LAKE OR STREAM.Here is the link to the document….check for yourself:
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