law question

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law question

Postby blindretrieve » Sun Apr 30, 2006 6:53 pm

OK guys I gotta law question for ya. I was fishing this afternoon and found a nice creek that looked like a very good duck hunting hole. Here is the problem. I can get to it from the river, but when I get back to where I wanna hunt there are posted signs everywhere on the trees. If I am right as long as the boat is floating I can hunt it right? I would really like to ditch the boat and just wade and hide behind the trees. Can I do this as long as I am not on shore? It is roughly 2-4ft of water.

Thanks for your help!
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Postby Monroeduck » Sun Apr 30, 2006 7:01 pm

At some level it will depend on what county it is in. If the county in question has a 500 yard blind law you are toast. As long as the property line ends at the high water mark and you are in front of that you would be ok I would think. If you get out of the boat and walk past a posted sign you might be pushing your luck.

There is one stance on what is legal and a second one on doing the right thing. I know some on here will say go by the letter of the law and legally you are correct. however if you chap the hide of a land owner they can make life difficult.

Have you attempted to find out who posted the land and find out why they posted it? Is it just to keep folks from going back there and taking deer or do they duck hunt. If the land owner owns the property under the water you would have to hunt it from a boat. I am assuming from your post that it is flooded timber type place? If they own the flooded timber and have it posted I think you may get a hunt or two in there then you might get run off.

Can you call the local game warden and ask him?
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Postby blindretrieve » Sun Apr 30, 2006 7:07 pm

It is in Pitt County and no I have not attempted to find the owners as of yet. I just saw it this afternoon. I just wondered why they posted trees in the middle of the creek, not on the shoreline. I always thought if you were floating nothing could be said, because tech. no one owns the water.
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Postby gvegas88 » Mon May 01, 2006 7:54 pm

I would go for it. all the guys I know that hunt the tar are cool and you shouldn't have a problem except on those days when it freezes up and people come from all over.
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Postby gvegas88 » Mon May 01, 2006 7:56 pm

you also need to determine the "navigable waterway" issue and Milton decides that for the most part.
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Postby blindretrieve » Wed May 03, 2006 5:52 pm

I reckon I am gonna have to call Milton
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Postby gvegas88 » Wed May 03, 2006 6:47 pm

good idea, I'm interested in what he says
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