Ohio River hunting question

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Ohio River hunting question

Postby mike_b » Fri May 25, 2012 6:59 am

I know there are a lot of river hunters on here, and many of you are decoy hunters. I read a rule on Ohio's website that confused me. It basically says you can't anchor without written permission from the land owner. I know Kentucky recognizes a public right of use for what they call "temporary anchorage", which I think applies to boats, decoys, trot lines, etc. What has me all confused is why you can anchor to pleasure boat or to fish, but you can't if you're hunting?! It reads as if even a long line of decoys is illegal without landowner permission for the land under your floating decoys.

Has anyone had an Ohio DNR officer check your permission slip while hunting?

From the DNR website:
Hunting From Boats on Rivers
Written permission of the landowner is required by persons hunting from boats on rivers and streams when the boat is anchored, tied to the shore, or tied to any structure in the river. It is unlawful to place decoys in the river or to go ashore to retrieve game without the written permission of the landowner. The only exception to this law is when the river or stream passes through public property where hunting is allowed.
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Re: Ohio River hunting question

Postby mike_b » Fri May 25, 2012 8:59 am

Also, the temporary anchorage as a part of public use is described well in the ruling of Pierson v. Coffey in the KY Court of Appeals.

Ohio may not have this case law, but it seems bold for DNR to run affront to it unless there is some legislation supporting it.
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Re: Ohio River hunting question

Postby teamroughneck » Fri May 25, 2012 4:00 pm

It was my understanding that on a border waterway such as the ohio river u fell under the laws of the state u launched from or home state if it was one of the two states bordering this waterway. Maybe this is a good reason why i dont hunt the ohio lol
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