Water too high?

[Bucksnbows]

1 hour ago, hammer4reel said:

Thought was so important , you said it twice lol.

 

I've seen a lot of folks get themselves in trouble by kayaking into private waters and get out to fish which is a no-no.  But you can drift through and get out for "reasonable portage" such as to get over a dam or when a tree falls across the river. 

[hammer4reel]

38 minutes ago, Bucksnbows said:

I've seen a lot of folks get themselves in trouble by kayaking into private waters and get out to fish which is a no-no.  But you can drift through and get out for "reasonable portage" such as to get over a dam or when a tree falls across the river. 

Yea lots of land owners push the issue , even saw fences across the streams .

‘but legally they have to allow unencumbered access in the waterway .

your allowed to walk inside the  normal high water lines .

‘but many land owners think they own the stream bed .

.

few spots I wade in Annandale they come out and yell ...

at that point I have waded a mile in and am not leaving for another .

 

[Scotty155]

32 minutes ago, hammer4reel said:

Yea lots of land owners push the issue , even saw fences across the streams .

‘but legally they have to allow unencumbered access in the waterway .

your allowed to walk inside the  normal high water lines .

‘but many land owners think they own the stream bed .

.

few spots I wade in Annandale they come out and yell ...

at that point I have waded a mile in and am not leaving for another .

 

 

Additionally, if your fishing the north east corner of the WMA in Asbury, be ready for the warren glen deli owner, who owns the property on the other side of the musky to come out on his quad and go ballistic. Happens all the time to many, many people, every year. 

WMA is highlighted in blue for those unfamiliar with ON X

 

Edited March 5, 2021 by Scotty155

[Sako76]

Actually Hammer, you own to the middle of the river streambed, if someone owns both sides of the river, you can't wade down the river W/O owner permission.

[Bucksnbows]

1 hour ago, hammer4reel said:

Yea lots of land owners push the issue , even saw fences across the streams .

‘but legally they have to allow unencumbered access in the waterway .

your allowed to walk inside the  normal high water lines .

‘but many land owners think they own the stream bed .

.

few spots I wade in Annandale they come out and yell ...

at that point I have waded a mile in and am not leaving for another .

 

Hate to break it to you, but here in NJ, the landowners DO own the bed of the river and CAN prosecute you for trespass if properly posted.  The Delaware is one exception.  But rivers like the Musky, Pequest, Flatbrook, Raritan, etc. have large sections of privately owned river.  The state owns the water and the fish that live in it, but the landowners own the bed and can control access 100% other than laws that exist to allow paddlers to boat through those sections.  Anglers cannot walk on the river bottom where posted as private.  Many landowners allow fishermen to access the river, but they do not have to in NJ.  We practice old English Commonlaw in New Jersey.  

[Timo]

Hate to break it to you, but here in NJ, the landowners DO own the bed of the river and CAN prosecute you for trespass if properly posted.  The Delaware is one exception.  But rivers like the Musky, Pequest, Flatbrook, Raritan, etc. have large sections of privately owned river.  The state owns the water and the fish that live in it, but the landowners own the bed and can control access 100% other than laws that exist to allow paddlers to boat through those sections.  Anglers cannot walk on the river bottom where posted as private.  Many landowners allow fishermen to access the river, but they do not have to in NJ.  We practice old English Commonlaw in New Jersey.  

Ok so if I’m floating on the water and fishing off my kayak what’s the issue?

Also, I know it’s a big trout river but any good smallmouth? Was google earthing the river earlier and saw some promising spots.


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[hunterbob1]

12 minutes ago, Timo said:

Ok so if I’m floating on the water and fishing off my kayak what’s the issue?

Also, I know it’s a big trout river but any good smallmouth? Was google earthing the river earlier and saw some promising spots.


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Lots of smallmouth in the Delaware I especially Love by dingmans bridge.

[Mink]

16 minutes ago, Timo said:

Also, I know it’s a big trout river but any good smallmouth?

Yes Sir, caught a nice one today!

[hammer4reel]

2 hours ago, Sako76 said:

Actually Hammer, you own to the middle of the river streambed, if someone owns both sides of the river, you can't wade down the river W/O owner permission.

 

2 hours ago, Bucksnbows said:

Hate to break it to you, but here in NJ, the landowners DO own the bed of the river and CAN prosecute you for trespass if properly posted.  The Delaware is one exception.  But rivers like the Musky, Pequest, Flatbrook, Raritan, etc. have large sections of privately owned river.  The state owns the water and the fish that live in it, but the landowners own the bed and can control access 100% other than laws that exist to allow paddlers to boat through those sections.  Anglers cannot walk on the river bottom where posted as private.  Many landowners allow fishermen to access the river, but they do not have to in NJ.  We practice old English Commonlaw in New Jersey.  

The Delaware automatically allows access due to the Public Land Doctrine due to it being tidal.

Many states have also included any waters that are navigatable to the same standard.

I could be wrong but I believe their was case law in NJ that held that standard to rivers and streams 

[Sako76]

Timo--no issue floating down a river that is private on both sides, fish away.  You can't anchor in the river, tie off to a tree or beach the boat.

[Timo]

Timo--no issue floating down a river that is private on both sides, fish away.  You can't anchor in the river, tie off to a tree or beach the boat.

Thank you sir


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[bucky]

18 hours ago, Scotty155 said:

 

Additionally, if your fishing the north east corner of the WMA in Asbury, be ready for the warren glen deli owner, who owns the property on the other side of the musky to come out on his quad and go ballistic. Happens all the time to many, many people, every year. 

WMA is highlighted in blue for those unfamiliar with ON X

 

He also owns a house or use to between Warren Glen and  Finesville right on the river and yes he is a real prick.  Had it out with him  because I would fish down to his property line and then cross the river and fish from the opposite side. He came out screaming at me one day and said that he owned both sides of the river, I told him he was full of shit and to stop bothering me. Then he said  it was his neighbors property and I had to leave. I explained to him that was up to his neighbor  but he still insisted I leave, after 20 minutes of arguing  he was hotter than a hornet and threaten to call the cops.  Told him I would be waiting for them and they never showed

[Bucksnbows]

18 hours ago, Timo said:

Ok so if I’m floating on the water and fishing off my kayak what’s the issue?

Also, I know it’s a big trout river but any good smallmouth? Was google earthing the river earlier and saw some promising spots.


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No issue fishing while kayaking. Yes, smallies in the summer in the Musky. 

[Bucksnbows]

16 hours ago, hammer4reel said:

 

The Delaware automatically allows access due to the Public Land Doctrine due to it being tidal.

Many states have also included any waters that are navigatable to the same standard.

I could be wrong but I believe their was case law in NJ that held that standard to rivers and streams 

The Delaware is our exception as I mentioned. We have the right to float through and even step on private property for “reasonable portage”. But it’s not like some states that allow access below high water line. I know a lot about this because of the legal hurdles I have to jump for river restoration work.