Fishermen’s Rights 

As a former NYS official who's job was to administer parts of Nav Law, I can assert that your video is legally accurate. The Barkley decision played a big role, and I was involved in several others in the Adirondacks. Great job!

In 20 years of tournament bass fishing I've encountered my fair share of dock Karen's who think they own everything. Had one call the cops on me saying I was shooting at her house. That was a fun conversation with police. After I showed them the video of how she was acting, threatening me, pulling a gun on me, she was arrested and charged with going to the terror of the public while armed and filing a false police report. DNR later charged her with hunter/fisher harassment and revoked her dock permit, returning later to tear it down. We had another dock Karen install sprinklers on her dock facing the water. Whenever someone would come up to fish that dock she'd turn the sprinklers on. She was also arrested and charged with numerous counts of assault, assault on a wildlife officer (since throw water on people is considered assault), had her dock permit revoked and dock torn down. This is what happens when these idiot city/suburb folk buy a lake house and don't understand lake life. Miserable, vile people.

I love the balance of avoiding disturbing others who are actively using the space, while also standing your ground when asked to leave. Too many people are just obnoxiously confrontational as long as the law gives them a right to do so. There are times to assert your rights, and there are times to just be considerate.

When I was a Boy Scout back in the 1960s, our troop decided to paddle down a section the Canoe river (its actual name) in Massachusetts. After paddling down the river for a considerable distance, we encountered fencing which stretched completely across the river both above and below the water line. This had obviously been recently placed there by the owner of the home beside the stream. As we could not easily go through the fencing, we proceeded to haul ourselves and our canoes up on the shore and around the obstruction. Upon proceeding with this plan, the homeowner came out of his house armed with a shotgun and informed us that we were trespassing on his land. He also told us that he had created the fenced section of the stream in which he was planning to raise his own trout. He asserted that this fenced area of the stream was also his property and that we would be trespassing and damaging his property if we went through or over the fencing. This was accompanied by statements that he intended to "protect my property". This while brandishing his shotgun! The homeowner insisted that our only recourse was to turn around and paddle back upstream. However, this was not possible given the flow of the current, the width of the stream, and the stamina of the CHILDREN paddling the canoes. After some VERY calm negotiation by our Scoutmaster, the homeowner allowed that "just this once" he would allow us to haul our canoes out and around his fences and proceed downstream, but that if we ever came back, HE would call the police. Upon completion of our canoe paddle down the Canoe river, WE reported our encounter to the local police! They, in turn, investigated and referred the matter to the Massachusetts Fish and Game folks. I was not privy to the final resolution of the issue but was told that the homeowner dismantled the fencing and acknowledged that he NOW knew that that the river was PUBLIC and that HE could not arbitrarily block it or claim that anyone was trespassing upon it. p.s. I have always found it amusing that the name of the river provided prima facie evidence of its navigability.

In my state if you own land up to a river or ocean,or bay- theres a 5ft. Leeway on the bank that you can walk,no matter who owns the land.

I’m 55 yrs old. My memories of fishing with my Dad go back to a 3 yrs old me sitting on my Dads knee while he baited my hook for means told me what to look for and when to let the fish take its x when to set the hook and to always wet my hand and handle the fish very gentle so it could be returned safely.. That was 1970 and in 76 he purchased a small 18 footer so we could expand from fishing off the banks or beach to larger lakes , bays and on calm days along the beachfront. When I was 20 I bought my own first row out and in 1994 my own 18 ft center console with a bunch of rod holders and a livewell… boy was I stoked. Dad passed away in 1995 and I miss him dearly to this day. In 2004 I purchased a 21 ft center console with all the bells and whistles and went to Mariners School for my Captains license. Istarted advertising and running charters with some of my best memories coming from Dads saying that’s the biggest fish my Son or Daughter has ever seen and or caught. Great days indeed! 5 yrs later I had a custom made boat built for me… A 27 ft Cape Horn Tournament edition and I continued to run and win Tournaments for years to come. Anyone who interferes or tries to stop another from having some innocent time on the water has got serious issues

Shockingly considering his other behavior, I think Ike handled the situation in the clip you included perfectly. Be polite, but make sure you inform them about your rights. If they get rude, state your rights and stand your ground.

In Illinois, the navigable waterway listing is a pretty tough standard...only the major rivers and bodies of water are listed as navigable. None of the smaller streams, creeks, and even what many would consider decent sized rivers are not legally navigable.

Back in the 1980s an older man flipped out and fired a shotgun at my friend & I while we were fishing from a boat on a river here in Illinois. Our return fire scared him so bad he literally shit himself and called the police. We didn’t actually try to hit him, just some suppressing fire until we could get the boat moving down river. He went to jail & was fined for multiple violations and we were sent on our way.

I lived in a rich tourist area where there was a creek that floated through town. It was a common practice to tube this creek lazy river style. The catch was that for the majority of the float the creek went through private property. This one Karen would loose it on us for floating through "her property" and honestly, after that I made it a point to float the creek again. Karen called the cops who were waiting for me at the takeout. After they saw I was just out there floating not trespassing, littering or causing trouble I went on my way. Later there was a letter to the editor printed in the local paper explaining how people have every right to float cash creek through town as long as they stay in the water and how complaints about floaters to the local pd were becoming a nuisance. I suspect the cop I dealt with wrote that letter.

A member of my family owns a PRIVATE pond ( one mile across two and a half miles long) could be considered a tiny lake even. He also owns all the land around the pond for 2 miles outward on 3 sides and 4 miles on one side. The entire property is fenced in all around with 2 entrances to the property accessed by gates. (key info is the pond is MANMADE) He built up a bunch of cabins around the pond (20 cabins) spaced out for privacy each having a small private beach and dock On one side of the pond he built a large park/beach and a boat ramp with a few docks. He runs a cabin resort on the property. He privately stocked the pond with fish. One day while the resort was closed (covid) He spoted a truck with a trailer on the boat ramp and saw a small boat out on the water. He got his boat went out and asked the man after informing him of trespassing to leave. The man stated he had a right to fish there. My relative called the state fish and game and police. After a long back and forth the man who refused to leave was escorted away. even if a lake or pond is open to public fishing it may be landlocked/ surrounded by private property and you can not cross private property WITHOUT PERMISSION OF THE OWNER .

The lady jumping in the water is harassing a fisherman, which in MN is against the law. Unknown to most in MN if you have a dock or a raft on the water, the public has a right to access it so long as they access it by water. You can walk the entire shoreline in one inch of navigable water and no land owner can stop you. Very well done and explained very well. Personally, I avoid docks and such when the owner is doing something personal there. However, if the individual harasses me I will continue to do what ever pisses them off most and invite them to call the game warden.

Danny, thank you so much for putting this together. It really clarifies our fishermen's rights as well as the landowner's.

In Texas kayakers and such are actually allowed to come on to the land directly next to the waterway. In order to pass blocked or dangerous sections. The law has specific language to specify where and how long the person can be on the ground nearby. That doesn't mean someone won't shoot at you. I know folks who have been shot at more bank fishing in Texas than in their entire 20+ year military career. Most shots are into the ground or likely blanks, but still a interesting anecdote.

Had this happen twice to me on Lake Saint Clair. Was threatened with a hammer and one guy even used his dock pump to spay us with water. The videos were used in court.

Good advice here. Just remember to check your State's specific regulations as there may be a few quirks here and there.

Great information and I especially like your advise on dealing with those that think they own the water. In all aspects of society unchecked bad behavior leads to more bad behavior.

Should definitely check out the Colorado navigable waters case. It’s pretty interesting as water rights a little different here for some reason.

Thank you for the video. Very insightful.

You should probably also mention that there are some special cases in some states that may impact your rights. In some states if a corporation increased the size of the waterway for commercial purposes they have the right to limit access to that area. A typical example of this is a marina where the area was dredged out and improved for the sole purpose of securely mooring boats. This is not the case in all states but it is in some.

Nice video. A lot deals with where you live first. Different states = different situations. Here in Indiana we have part of one river (the Whitewater River near Brookville, Indiana) where the landowners actually own the river. I have been told by Conservation Officers that most rivers are alright to float on but as soon as you touch the bottom then you may be trespassing. Wish things like this were not so cpmplicated.

In Idaho any "navigable waterway" is a public thoroughfare. This includes any water feature you can float a log down. It also includes the high water mark. Meaning you can access any beach up to the highest watermark. These "navigable waterways" include creeks and streams you can only wade through. As long as you access the waterway on public land you can float down and walk along the shore. Wherever you go.

Great video, useful knowledge for sure!

An experience in Wisconsin in the 90’s: I worked on a farm with a small landlocked lake. An old railroad grade passed through the land. A small stream went through a culvert under the RR. Then it went through a culvert under a farm road into the lake. People, evidently, could walk down the RR grade, into the stream, over the road on top of the culvert, and onto the lake to ice fish. The owner did not want it, and reported it. But he ended up having to allow it. Maybe he did not know the law, or the game warden did not know the law, but he was forced to allow the ice fishermen onto his lake in this way. They hated him and so advertised this lake and this method of entry.

Good job Dan! How about a video on fishing/boating safety, especially in cold water.? Thanks

Thanks for the clarification. The guys comment to the lady at the end was priceless, lol.

So much useful info and explained so well, thank you

In Texas, mainly the Brazos River, but I believe all rivers it's public property up to the second bank.

The definition of navigable waters versus a meandering stream is determined by the EPA. This commerce precedent in Michigan is very interesting to me. Even though in Iowa there weren't a lot of logs floated, although every river likely had some, they did harvest clams in my little river, as well as hydro electric power. I'm wondering if a past commerce use trumps an EPA designation?

Great advice and I learned from it! Thx

it's so sad to have this kinds of issues, in Argentina most rivers and lakes are public and property of the people, and there's only few to no constructions in it's shores. and no sight pollution. hope it remains this war for a long time.

In New South Wales, Australia we have different laws on this subject. Waterfront property you own up to high tide mark. If however, you have a jetty/wharf you lease (paid via rates, not cheap) the area to the end of jetty/wharf to the width of your land. It is then by law deemed private property for width of block to end of jetty/wharf. That means you would be trespassing. This would include casting into the space. In most cases you'll find the landowners don't mind if you first, bit of old-fashioned respect goes along way.

With regards to navigable waterways, a puble creek fed pond that resides withing private land is allows for fishing say from a kayak? As long as the creek gets high enough for the kayak to enter the pond? I am in South Carolina for the record

Had a krazy mother/daughter duo telling us we were trespassing, waist-deep in a salt water creek, that 100-ton sightseeing vessels navigated through. "My law-ya says I own it." We told them to call the cops - we're not leaving. Anchored up, lit the barbie, chummed up a bunch of spearing, haul-netted it, then ate lunch. Marine unit shows up, checks our bait permit, then informs the ladies they can be arrested for harassing commercial fisherman.

Well done! Thank you.

Oh this is a nice video! Especially to a novice like myself landowners can be very scary. Do you have any knowledge of the legality of fishing from or near public roadways (such as around culverts, in ditches that cross public roads, under bridges) and the like? When I was little I fished a culvert near my house, I never got in trouble - but I was young and that was close to where I lived and I could walk to it. Now im grown and have a car which is an obvious signal that someone is there. What is the legality of that? I heard of such things like "public right of way", but no clear indications of the distances or parameters from or near a road that this applies. Any help would be appreciated, I wanna fish every corner I can!

Ive got a question. You can search the area up its gallo winery in modesto ca. the winery has a pond that connects directly to the creek. Like it is open to the creek with no barriers. Am i allowed to wade into that pond to fish it? The creek is part of a public trail

While I agree with the advice to stand your ground, personally I would add to make sure you stay calm and respectful, regardless of the landowner's behavior. Calmly explain your side. Tell them you understand their point of view. Tell them you respect them and understand their concerns, but you're not there to cause them any trouble. You're just going to fish for a few minutes and move along. Do not let them control how you behave. There is far more power in keeping your cool than in losing it. And if you get the sense that things are escalating to the point where the chances of a physical confrontation of any sort is increasing, know when to back off. Tell them you are backing away, but you are sensing them as a threat and you will contact the local authorities to report the interaction, and video will support the story you tell the officer. Either follow through with that or don't, depending on your own judgment.

The owner of riparian land owns the bottomland to the “center” of the lake or thread of the river, subject to public rights of navigation and use. Riparian owners can install a dock, with required permits, to reach navigable water but cannot interfere with the rights of other riparian owners or the public.

Fishermen need to know the laws of their state.

You have a new sub from Michigan. Tight lines.

It'd be useful to know what the federal rights/laws are, and what are state rights/laws? I know there are Federal 'navigable water rights', because of their significance to the Boundary Waters between Minnesota and Canada. Perhaps there are some general Federal laws and States can establish their own interpretation of 'Navigable', 'High Water', etc. ?? it'd be useful to know what the Federal laws are that apply everywhere (hint: suggestion for another video ;-)

Try explaining this to the S/C of the People's Republic of New Yorkastan as to the DSR on the Salmon River...

Ontario, Canada sorted most of this out by listing 140 waterways in the Navigable Waterways Act.

You should do the tidal waters also , International law says the land owner has no say to no trespassing blow the high tide mark , in other words any one can access land that is available during low tides ,

While watching this it occurred to me how screwed the people of Michigan got, by allowing OUR public lakes and rivers to be turned into Private because they completely surrounded by private property. How sad!

I was fishing in a metropark once and this portly woman yelled at me that "fishing is immoral!" I responded with "that's nice" as I made another cast. She then started "skipping stones" aka throwing rocks in the water where I was fishing. We exchanged some words. I took out my fishing regs brochure, opened it to the angler harassment section and let her know I'd be calling the DNR if she didn't leave me alone. It took all of like 5 seconds of her skimming it over for her to turn around and scurry away without saying a word. Now she knows.

Kinda unrelated but related In mexico, all shores are public property, not goverment, not private, public, not even the government can tell you to leave the area, also, only if you are selling the fish you need a license, if you don't and are not takng enough to feed more than like 30 people for a day, you dont even need a license, so you get the minimum legal size of fish every day, you don't need to pay anything else than your fishing gear, this means mexico technically has free food, why? Dried branches are also free, you can make a fireplace with em, also, fishing gear is usually free if you know where to search (you can even get a boat, i found a boat engine just sitting in a trash container and only need to build a controller for it, guess what am using lol, free parts from the trash) So yes, mexico has free food

In Texas the state owns the land up to 15ft off of the bank of rivers and creeks as long as you don't acess the water through someone's private land

Fishermen should carry a copy of these regs(condensed) to educate property owners and mitigate the likelihood of bad confrontations.

In Australia, you can fish in any creek, river, Dam or lake,the thing is,no one owns the Body of water, but you can't walk on someone's property or fish on someone's property,because someone owns the land,Doesn't mean that they own the water way that runs through there property.

While I’m on fisherman’s side here, I do have a question in my head What if fisherman is casting up to persons dock and boat and banging their lead weights off the side of the boat ? What would be repercussion for that as boats can generally just take off and it’s hard to know who they where

ill be using this, this summer

Just to keep this balanced, I own a lake front property with a dock. Fishermen who are respectful are not the problem. It is the ones that snag lures on my dock and break them off, dump trash that floats up on my shoreline, let their boats ram into my dock, etc that cause land owners to get defensive. IF fishermen will just show some respect to the land owners, things would be fine. I doubt they would appreciate me backing my truck into their boats while on a loading ramp but they see no problem with bumping into my dock with their boats. After the 3rd or 4th time of replacing split boards or having to remove exposed hooks from my dock so grandkids don't get hurt... well, it just gets old. So although it is clear some land owners do go overboard... they may just be fed up with boaters going overboard.

Excellent video..

i commercial catfish in western ky on ky lake and barkley lake. there is homes on the water in some areas and not in the middle at the land between the lakes federal land. but ya most people are cool and never said anything to me. one time at the marina when i was getting bluegills for bait, the marina owner or manager came over to me told me he didnt want me fishing in there. i laughed at him and said im dropping straight down for bluegills tied to the dock and im working and not going to leave. i was respectful though and ended up talking to him for awhile. but i also mentioned to him its not illegal for people to fish in the marinas. he told me his complaint some fisherman hit the boats witth baits but really thats not me so. and people with a boat should know leaving it in water where people fish is a risk to get hit with fishing baits.. if you choose to leave your boat like that. personally if i had boat and money to keep it in marina i do have boat, but i would have a lift so the fisherman hit the lift over my boat.

Aw man, they forgot to mark Porkies Pizza Trough on that Davis Besse area map. Great video. I wonder if you've heard of any other local(Michigan) court cases on this topic. I know of at least one fisherman who claims many years ago he took a jon boat into a dead end marsh pool off the end of a lake and the homeowner told him to leave the perfectly navigable spot. He refused and was arrested when the police showed up. The judge interpreted the "navigable waterway" wording to mean that it HAD IN THE PAST BEEN used for commerce or logging, which there was no evidence of this small marsh pass doing so. He was was guilty of something like trespassing and was fined. I also think your take about "you live on a public wtarerway, expect damage" is absolutely vile. It's not your property. Keep your hooks off it and repay/repair ALL damage asap. I hope that my "fellow" "fIsHeRmEn" who operate under the 'ding cut scoot' principle start meeting their consequences when their reg numbers show up on dockside security cameras now that those are getting more prevalent. It's not your boat cover, its not your swim ladder. Clean up your mess and repay the damage or lose even more. No excuses, wannabe pros. Our rights do not extend past the water. Your last line goes for the dudes leaving trebles in docks and boats, chipping coatings, etc. Don't let your fellow anglers get away with it or they will learn to do it more.

For a few years I lived on a small lake within a gated community. The unwritten rule was that you didn’t fish any closer to a yard than the end of their dock. Even though the law may be on your side to fish right up to someone’s yard, it is rude as hell to do so without at least asking if they mind. Common courtesy goes a long, long way.

If you're ever stranded in a remote island, just rig a fishing pole and an old woman and/or HOA guy will come to your rescue. They emerge from the Karen dimension.

Riparian rights… in this video apply specifically to the Great Lakes. Such private property rights allow public access to the normal high tide waterline. However, such access does have limits (such as access to but not always use of the area between low and high tide… e.g. placing a towel out and sunbathing). Riparian rights (livestock, mineral, etc) are also unique per jurisdiction. This is especially the case for streams/rivers/creeks (permanent v seasonal flow), lakes/ponds (private/public e.g golf courses, quarries, man-made ponds, fisheries, etc.)…

It is navigable waters law in North Carolina. As long as you don't step out of the water you are good.

Great Video!

In Pennsylvania a valid fishing license grants you lots of area to fish,just make sure you aren't trespassing and the camera around your neck really helps. If I know I'm right I just ignore them.

Don't answer the person harassing you , just smile and you become the stress giver.

Just an FYI for anyone watching. These laws vary greatly from state to state. Out west you could be trespassing just by wading a river. I think In Colorado if you float a river you are ok, but the second you drop an anchor or get Hung up on rocks you could be considered trespassing.

My family owns a really expansive lake property thats very old. As a result there are now many extended cousins and other relations who are part owners because of how many generations the property has been in the family. One of my great aunts X times removed or whatever is a total dock Karen. The property goes around a secluded cove, and fishing boats come into the cove somewhat regularly because it has a lot of features like branches that hang out low over the water, large boulders on the shore, and a few structures in the cove itself. Even after we have explained to her that we dont actually own the water in the cove she'll go out on the dock and scowl at the fishermen and make snide remarks at them. I try to balance out the karma by going out every once in a while and pointing out where the big rocks are underwater and where the old sunken rowboat is roughly located, asking them how the fishing has been etc. I really dont understand her. Ive never seen a fishing boat come into the cove while we were swimming in there and none of them are ever blasting music or being obnoxious. Live and let live ffs.

So can you wade non navigable streams entering from a public access through private property in Michigan?

Oregon is high water mark along rivers and streams. Ive had a few land owners tell me they were calking the law. I stand where i was when approached and wait for the law to come and educate these land owners... Not one was happy that i had the right to be where i was.

People think they own public waters. Not true at all. Great video, friend. Thanks

Stand your ground in something like an automobile traffic situation dispute when you know the law is on your side and something unexpected could happen. In the driver's manual it states yielding instead of standing firm. It's a different situation because your situation involves a right of way in an easement situation. So, traffic right of way actually describes doing something different... Likely because starting a fight or being rightfully rigid with moving automobiles could involve a great deal of inertia and mass doing bad things. Whereas, drifting along in a boat doing one mile per hour at best, while the other party stands on firm ground really doesn't create the same physical potential problems.

It's comments like 'flooding is not ordinary and causes no permanent changes' is why people build homes in flood plains and along the coast and then get mad when their home gets destroyed by an 'unlucky' flood. Insurance companies are finally figuring this out and this is why many have stopped providing insurance in places like Florida.

If you Legally launch your boat war, watercraft or float tube without trespassing do you have the right legally fish the navigatable waters

In Tennessee the TVA controls eveything below the 690 feet above sea level line whether you pay taxes on it or not. Most lake property owners do not realize this

How I’ve understood it is you can own the land but not the water. My great grandfather owned all land around a lake for miles. The city forced him to put in a public landing to the lake even though there was no access to the lake unless you went through his property. Didn’t matter that the lake was on his land and surrounded by his land he didn’t own the lake and had to let people use it.

Unless they are a fish and game warden or a park ranger and they tell me I'm not supposed to be fishing somewhere, I would ignore them if I'm catching fish or just slowly make my way along until I find fish.

In Louisiana navigable and tidal water can be owned. It is the only state where this is the case. It is a big problem in the state. Large tournament organizations will not have tournaments here. A real shame!

The camera has become the most powerful tool of the 21st century

So can somone tell me on lake travis in austin tx. can i walk the shore line since the water is down like 40 feet. i have access to the water line from a private dock. can i walk the shore and fish anywhere i want?

People here have been cited for bothering fishermen. The COs can fine a person for harassing a fisherman. I'm glad we are protected by these laws.

I would just like to add a slight modification to the stand your ground advice, you still need to use good judgment in conflict with the potential to escalate. At least once I was extremely close to being violently attacked by either 7 or 8 angry gentlemen holding big game rifles because the guy I was trout fishing with "knew his rights". I explained the law and they still insisted that my life expectancy would grow exponentially longer the farther we got from their property. I had to drag my associate away as he refused to take "get out of here now while you still can" for an answer. Apparently where he is from people never disappear without a trace near pig farms.

Usually on our lake the guides are the most obnoxious to the landowners and other fisherman thinking they are entitled to the lake.

I’ve had people swimming directly over where I was fishing, and I caught a bunch, right at their feet!

as a land owner backed up to a navigable water way. I say that loosely bc it was used by indians for commerce but not used now. I cant dig, harm, or alter the bank or the tree roots. If I need to do something with the bank I have to get permission from the army corps of engineers. so thats another way to tell. if the ACE is involved the water is public

Even fishing in the ocean, there are KARENS. Commercial fishing boats (charter fishing) pull up on you like they own that spot, but when you carry a weapon to protect it, and have video things change quick. Had some guy on the boat casting his heavy iron towards us in our boat, so we aimed our slingshots at the pilot house, while on the radio with the captain, advised him of the caster who was immediately not allowed to fish on that boat.

Where and when do you need a fishing license as the law is written ?

when homeowners start yelling at me, I act like im def and start using some sign language that they don't understand, I then ignore them and they just walk away.

I listened to my favorite music using earbuds when fishing, so i dont hear if anyone complains or not.

I am a riverfront owner and while I am sometimes uncomfortable with some of the people I see on my bank, it is their right to be there so long as they are not destroying something. littering, or such like. When you buy riverfront, that is also what you are buying into. I reckon that needs to be in the property disclosure documents just for clarity.

I understand that the best fishing is near docks/shore but as a fisherman just be a decent human and stay off peoples waterfront area just because as a fisherman you can legally doesn't mean you should just go to the side and cast in or along the bank. If I owned a house on the water I'd be bothered by someone being as close as you were in the opening scene.

I undertake in two activities that is laden with karens in opposition with no good reason as to why. Fishing and Mountain biking. My favorite is when I'm on a sanctioned government provided mountain bike trail in a sanctioned mountain bike park and some idiot comes out of nowhere with a camera all "I've got you on video, I'm showing the police, you tired to hit me" and I'm all "well you might not want to do that. There're fines for walking on these trails" and that's when the "I can walk where I want" comes up like clockwork. Nothing better to do with their time.

As a fisherman and us citizen, it's important to know your rights. But if ice fishing has taught me anything, it's not worth it to risk your life for a stupid fish. If someone comes out upset that you're fishing their dock then just move on to the next one and report them. Don't needlessly put yourself in a potentially dangerous situation, especially when you have a whole lake or river to fish.

Sometimes because you can doesn't mean you should. Especially if people are out on their dock, sitting on their pontoon or kids are in the water. I have actually had to tell guys to stop casting toward my kids who were swimming by the dock. And they were there swimming long before these guys got there. WTF? For me it's one spot. Big effing deal. If somebody is that upset or worried you're going to damage their boat paint or upholstery I just move on. Its not worth the aggravation. I get enough of that at work. I muskie and bass fish. Docks are great spots. Between docks are great spots. However, I also don't need to be 10 feet off somebody's dock. If I can't cast accurately to the dock from 30 feet I need to get better st casting. With muskies, I can obviously be farther out than that due to bait size. Sometimes I'm using pretty small baits for bass but even at about 30 feet I'm able to get the bait under a dock. How do I know what 30 feet is? Simple. I have a 17 foot boat and figure roughly 2 boat lengths from the end of the dock or back of a moored boat at the dock is fine. I rarely have any problem with land owners. Most of the time we end up in a conversation about the usual stuff of if I caught anything, wjat I'm fishing for how long I've been out. Sometimes - actually quite a lot - people tell me about spots on the lake or even the best time to fish around their dock and where they've seen muskies cruising the shallows. Its just fishing not life or death. Don't turn it into that.

Here in louisiana, none of these rules apply to “navigable waterways”

There's a dispute in a number of states what the "ordinary high water mark" actually means. In Michigan there was a lake-walker case in 2005 (Glass v. Goeckel) which was a SPLIT decision. The dissent was quite heated, very well researched, footnoted, documented and reasoned. That justice explained that "ordinary high water mark" in the common law applicable to Michigan means where the WATER ACTUALLY IS. If one has the right to be in the water, up to the OHWM, then he must be standing IN THE WATER as it reaches its high point. The original 13 colonies were NOT IN AGREEMENT on this. So whatever state you're in must go back to the common law of WHICHEVER COLONY your state derives from, and the decisions of courts must be based on that colony's interpretation of the common law as carried over from England. It is NOT universal. And courts make mistakes. Glass is a MISTAKE, and will be overturned one of these days.

federal law states 6 ft above the high water mark is accessible and is NOT trespassing That is in all navigable waters of the US I have been fishing up a creek in east wa and the land owner thought he could kick me off the creek. He called the sheriff, they told him if they came out there he was going to jail for sportsman's interference. Just as I told him I am not trespassing if I am below the 6 ft above high water mark. He did get a lot nicer when he saw the pistol on my hip. (He had the same one) As it was old and rare we sat down and talked about guns and fishing. Sometimes it just takes a little thing to see we aren't that different. I agree stay away from others unless invited.

Good common sense here. Unfortunately these laws are changing all the time and vary from state to state. Check your own state's easement laws because there are areas in my state that I can no longer fish where I could 30years ago.

What law says ,home owners can place docks in public water ?

Every state is different. Louisiana for example, if someone even claims to own the area, you have to leave or it's trespassing. Even if the water is 5-10 feet deep, and you drove your boat in there from a public launch, it's trespassing. Colorado is another one. In the mountains there are streams that cut through private ranches and also marks boundaries between multiple private properties. The rule is, everywhere it's a boundary, each property owner owns up to the center line of the river. So as long as you are in a float, you can cross it. But if you even touch the land in the water, you're technically trespassing.

A point you didn't mention is that boaters have the right to disembark from a boat and cross private land in the event of an emergency or trouble with the boat, waterway ETC.

Lots of these homeowners have there piers on the bed of public land and the DNR could ask them to take it off public land.