Some kids kayaked into one of my ducks swamp leases in Greene county and hunted it last season. I called the game warden later (dead phone) to report them and he informed me that if they could float it and didn't exit their kayaks, they were legal. This is a small creek maybe 20 ft wide and 5-6 ft deep at most with small swamps spilling off the side of it (ones mine). Where do they draw the line with "navigable waters?" They were set up in 4 in of water with boats on the bottom and had to have pushed their way back to get in that position. I'm all for public water rights but this seems to be a stretch. Should I call the game warden next time while they are out there to see for himself (I don't think that qualified as floating). Any input would be appreciated! The kids were nice enough but for the money I spent on this lease and to have this happen 1.5 miles from the nearest rd caught me off guard. Been thinking about it in the offseason and really feel like what they were doing was wrong (if not illegal). Any input is appreciated, thanks!
I'd just like to applaud your maturity in the situation. I read the first sentence and expected the rest to be a tale of brandished firearms, cursing, threats, or worse. That said, if the game warden said there was nothing he could do, you might wanna find a new lease or live with it, because I'm pretty sure no one wants to write them a ticket more than the game warden.
Short fence seems to be a good plan. 4 inches isn't navigable to me.
If they can float a canoe in it, it is generally considered navigable waters in the US.
NC
http://www.ncdoj.gov/About-DOJ/Legal-Services/Legal-Opinions/Opinions/Use-of-Navigable-in-Fact-Streams-without-Consent-o.aspx
US
http://legal-dictionary.thefreedictionary.com/Navigable+Waters
I think as long as they don't get out of the boats (kayaks), they can navigate thru the waters.
Kinda like Biltmore Estates - the Estate can't stop you from navigating down the river, but they can prevent you from stepping on land on the Estate property.
tough spot, I always thought from the high water mark down was open to the public, you doing all the work and them getting the free ride is a little hard to swallow though.
Common sense says they have to trespass to retrieve a duck they shot since the creek is so narrow. . It may be legal to float thru there but surely it's illegal to shoot when it's reasonable to believe any ducks shot will fall on private land. Seems as though there should be a way to stop this. If not there should be.
Sounds like kids where abiding by the law . My understanding is that if you can paddle your boat in a swamp it is legal to hunt it. This does not mean you have to stay in the boat .
In this case I would take the high road , just deal with it or find another lease .Their is more and more people hunting these days and less land to access.
Enjoy the good hunts and suck up the bad ones . I duck hunt in Greene county as well and I cant count how many times I go to my spots only to find someone else there or have hunted it prior to me getting there.
Thanks for all the input. I do not believe dragging bottom and jumping beaver dams/logs to access a swamp that isn't part of the main creek is navigable by "useful vessels" in the "usual and ordinary mode" unless a kayak was meant to be pushed over top dry surfaces with the rider still in it. Even if they didn't disembark the vessel, they were clearly stretching the limits of "navigable waterway." I may be wrong but what they were doing just doesn't sit right with me. This is not some giant swamp, it is a network of beaver swamps. It is literally less than a foot deep. I guess if the law allows for this, I cannot argue, but from a morality standpoint, someone should draw a line. If these were my kids and I saw them doing this where they know they are hunting someone's land (posted signs set up on all sides of the creek even the hole they entered) they would be in a world of trouble. Also, they chose to sit on both sides of my duck blind I built, using it for cover. If these kids are covered by some loophole in the law, fine, but I just don't think this is right. That being said, I will just have to beat them to my spot that I pay for because we smack ducks in the face there.
That being said, there is no public boat access where they are putting in. Are they not trespassing when putting their kayaks in from the side of the bridge without a public water access point?
Appreciate the input, this has been frustrating to say the least but if it's "the law" I guess I will just deal with it. I like the idea of cutting some trees down to fully block the entrance to this swamp, personally! Thanks guys
Everybody is a Duck Dynasty duck slayer these days. You can think those coon asses for all of it.
Navigable waters is called "water of the state or US" now and is a royal pain in the ass. It used to be defined as blue line streams but the gubment now has stated all ditches, ponds and other bodies are public unless it begins and ends on the property of ONE individual. The pond behind my house when I lived near Burgaw was included. Fishing licenses were required even though I owned property to the center of the pond. I never registered my boat but should have done so a cording to the law. We could run others out only because they had to get onto some oldies property to get to the water. I ran some folks off one day who were fishing from the state road just as a Sheriff Deputy stopped by. I dumped their fish back in and told them to leave and don't come back. Deputy told me after they left I had no authority to make them leave since there were no No trespassing signs up. People kept tearing them down. I posted signs out into water to satisfy him. Told him he should have asked for their fishing license.
Getting back to original post, find out where they launch and try to get it posted. That would make them illegal to launch. Some navigable waters these days are dry except for after rainfalls.
Good luck.