River Kayaking Shoal Bass - YELLED AT LANDOWNER

NEW CFA STORE creekfishingad... Yes I finally made one of these mad landowner videos, It was only a matter of time until I really have to address this in a video. Surprisingly enough I though I knew what the law was but found out I WAS WRONG!!
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[@thefishwistler]

Navigable rivers in any of the original 13 colonys is defined by an ability to float logs and any useful craft. Including kayaks and canoes.

[@HokeeFi]

Federal and State law will apply...and commerce craft can also mean, as Marty Pants states above, historic craft such as canoes and bateaux, or other frontier craft CFR PART 329 - DEFINITION OF NAVIGABLE WATERS OF THE UNITED STATES

[@roberthercules2486]

Yes, this was to protect fur trading and logging, etc. Streams were the highways back in the day. That was definitely navigatable so it wouldn't necessarily hold up in court, but you never know with modern day courts...

[@502kayakcatfishing4]

Exactly. They were navigating the waterway. That water is navigable. Period.

[@ChicagoTRS]

Not in Illinois...the state publishes a list of navigable waterways (from the army core of engineers). Those are the only waterways considered navigable by state law...and many relatively large waterways are not on that list. In Illinois you need to own both sides of the waterway to keep people out. State laws vary greatly.

[@johnware6272]

@@ChicagoTRS What state law supercedes a federal law about navigable waters? They tried in Texas. They failed. Navigable waters are controlled by the Army Corps of engineers. If you know of a state law that supercedes the federal government, please Inform me.

[@EasyModeFishing]

Imagine owning land up to the river in the middle of absolute nowhere and waiting for one guy to come down the river on a kayak just to yell at him.

[@MakeGains]

Sounds fun, right! ..searching for river property now!! 😂

[@bryanbulmer6716]

LMAO, that miserable grump.

[@bryanbulmer6716]

@@MakeGains I'll volunteer to be the first person you tell at. Get your skills up.

[@bearbenton5945]

@@bryanbulmer6716 Agreed. I volunteer for second place. He'd better get ready for round 3 which is both of us together LOL

[@michaelwaninger3155]

Gotta have a hobby.

[@fishsmack]

Good info John. I was hiking a new stretch of a creek this Saturday, and I was trying to find a way back to one of the roads, so I saw a guy out in his lot and I waved him down and ask if I could cut thru to get back to the a road, and he was super cool about it. He saw my camera, and we got to talking about YT, and he watches you and Pig Patrol. Super nice guy! I also packed out trash, so that will always win over a landowner. Be safe buddy.

[@danthompson1467]

I get people that get in trouble on the river that runs through my place. They walk up to the house for help I do my best to help if I can

[@fishsmack]

@@danthompson1467 Are they looking for more beer Mr. Dan? 🤪 Is that the type of trouble their in? LOL!

[@elonmust7470]

Not good info...

[@hcazonis]

My first time Kayaking and this Kayak held strong. kzbin.infoUgkx4k5UrhC3v_Y4hIEaXLGvHcN5a5aBmZNB The water got pretty rough as a speed boat zipped by me, and the Kayak withstood it (I expected to be capsized). The Ores are very easy to put together, the pump worked beautifully. the seats are a bit hard to sit in after a while (I recommend sitting on the floor). after reading the reviews I was very scared it'd get a hole in it, the material is very strong and durable. The Air valve may need a small Phillips head screwdriver to adjust, other than that, it's well worth the money!(update)I've gone Kayaking in 3 Lakes and 2 rivers totaling about 40 miles. the kayak had two holes and they patched easily and no other problems can't wait for kayaking season this year!

[@jonboatmorava9115]

I bet if someone got hurt and tried to sue him it wouldn't be his part of the river anymore 🤣

[@wjgoh653]

It's clear around here if your hurt rafting the waters through someones property you alone are responsible. Not to mention the fact many around here will go All dutton on your ass if you give us grief. We always need more natural fertilizer for the fields anyway.

[@jonboatmorava9115]

@@wjgoh653 yeah but if that's his property the law would allow him to be sued by the person that got hurt on his property. Law trumps everyone's feeling and thoughts.

[@albert1437]

@@wjgoh653 yeah

[@jeffraia7068]

@@wjgoh653 most fisherman carry a pistol in their boat/kayak so watch your step with us... you do not own the river...

[@kingsgambit7734]

@@jeffraia7068 So guessing you don't mind if the general public comes and hunts your land? How is fishing any different? Game is game and sport hunting and fishing is the same just happen in differing parts of the year. We hunt in the fall and winter and fish in the spring and summer. The water is looked at no differently than the hunting grounds. Maybe that will give you a better perspective in why people truly do care. They are likely far more likely to not mind the tubing and kayaking than they will someone fishing their areas of the stream. Just one or two keeping the fish fishermen can ruin a stream for the entire season for those that live there.

[@bjw9529]

You handled this waaaay better than I would have. I’ve always been told no land owner owns the water that runs through it and only the land that meets the water. I’m in Indiana and this has always been the case and I’ve fished many creeks, rivers, ditches and have never had anyone telling me not to fish on “their side” while fishing and I’ve ran into many landowners. Now I have no idea what the state law reads but it’s just always been the “rule” between landowners and fishermen.

[@Talonfrank1]

I feel your pain on this. I always hate when I finally snap at someone. But I’m glad it wasn’t any worse than it was.

[@trentonhansen8333]

Navigability is also defined in 33 CFR, Chapter II, Part 329 as "those waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. A determination of navigability, once made, applies laterally over the entire surface of the waterbody, and is not extinguished by later actions or events which impede or destroy navigable capacity." It further states that "Non-use in the past...does not prevent recognition of the potential for future use." Finally, the fact that you are engaged in making videos for which you earn money means you are engaging in interstate commerce, thus potentially making that river navigable under the law (only a judge can make the final determination). "Commerce" was never meant to be limited to hauling goods. Any state laws which run contrary to federal laws can be challenged as unconstitutional. The land owner can post "no fishing" signs all he wants, but he cannot enforce that upon people fishing from boats because he owns neither the water nor the things, like fish, in the water. Additionally, in Georgia, it is illegal to harass fishermen or prevent them from being able to lawfully take fish (Ga. Code Ann. § 27-3-151).

[@aitutaki50]

The guy making this video REALLY needs to read your comment right away, & then edit his commentary...he was NOT wrong! He says that after reading the law he now understands the term "navigable waterway" as one capable of supporting barge transport---are you really that daft!! That is neither the intent, nor the definition of the term "navigable waterway"...it more simply means a waterway which will support the transport of any vessel, such as the damned kayak you're sitting in! STAND YOUR GROUND!! And, stop capitulating so readily--you're not doing any fisherman out there anywhere any good by folding up so quickly, like a cheap chair in a breeze. The guy who confronted you was an a-hole, & you had every right to yell at him.

[@choccolocco]

Exactly. Navigable waters are navigable waters. I think he’s conflating the small streams a creeks that commonly cut through properties. Sounds like Georgia law is very close to Alabama’s as far as riparian rights. His advice for encounters was spot on though, you never know what kind of a day someone has had, or what they might do.

[@erniem1731]

Actually States own the rivers not federal government. The States were the ones to challenge this in court. West Virginia had to take Maryland to court cause the state of Maryland tried to say they owned the river between the two states and that didn't go well in court. Both states had ownership of the river since a law was signed by both states back in the late 1700's or early 1800's. In West Virginia if you're land butts up to a river you may own the river bottom from one side to the other or you may own half the river bottom or you may just own to the lowest water line. The rivers are used by the public but they can't use the bank nor can they step on the bottom of the river. The federal government doesn't own the water ways the States do. When a state makes a law about the use of the river only the states not the federal government can change that. The supreme court has always sided with States when they make a law for that state. It's unconstitutional for a federal government to change a law in a state.

[@fff720]

@@aitutaki50 Agreed!!

[@coaltrain18000]

I own the fish in our pond, which has an inlet-outlet. I bought them so I own them. If 1 gets out and heads downstream and someone tries to catch it, I have to stop them and tell them the fish is owned by private property 😂

[@andrew_brent]

I love it when there is a hatchery supported sign as well as a no trespassing sign on the same tree lol, I really like the fact my license fees are stocking the landowners private fishing hole 🙄

[@ericbritchie]

Yes, complete BS!

[@hillbillyohio513]

That should be a major issue, we all need to ban together and fix this! Our fees for fishing permits should never be used to stock private water ways in my opinion.

[@ericbritchie]

I fish streams all over West Virginia and Ohio. Even though our laws as to "water way" access are a bit more loose, I do not support any Federal, State or local funds being used to stock fish into an area of any stream that is not open for public access at least by, kayak or wading.

[@steveklick]

Its not private, John doesn't understand the laws and doesn't realize what he's saying and spoke falsely. This stuff is called riparian rights, he was in navigable waters as defined by law and no one can own the water or the property covered in water. If they have property lines under the water its for if the water ever recedes then they own the land exposed therefore still keeping the whole area private rather than having dry land that becomes public use. Understand?

[@hillbillyohio513]

@@ericbritchie I agree 💯

[@Chris_Stratohawk_Cook]

Here in Iowa we have a meandering stream law, so if you can float it with a kayak you can fish. The land owners own the land the state owns the water, as long as you're floating you can fish.

[@guanopete]

Same in Oklahoma

[@timlacy2284]

John , A guided trip in Virginia there were signs about No Fishing, and the guide said to put your rods down in several places, that was back in the early '90s and the guide trip was $150.00 back then. The stream was 75 to 85 yards wide. If you can float it you should be able to fish it. Thanks for sharing the message and information. God Bless You. Tim L.

[@FloydofOz]

If this was the Shenandoah or Potomac river, it most likely had to do with pollution making the fish unsafe to eat. It’s cleaner now.

[@Hokiealum99]

@@FloydofOz nope it’s the Jackson River in Virginia. Still a problem as the owners got a judge to side with them on Kings Grants or some such trash.

[@saltlog1611]

If I understand Tennessee laws correctly as long as you can navigate the water and do not touch the bank or bed, you can travel and fish.

[@fatmanoutdoors]

And a little murkier than that at times. Take Little River in Townsend, TN. It has been designated as a "navigable waterway", so you can walk, tube, kayak, etc. up and down the river. But you cannot trespass on any of the landowners' properly. That is you cannot trespass, unless you have an emergency on the river. Then you can access the bank, and even walk out over the property. I would assume that other rivers/stream s in TN have been designated the same. Now if they will only start enforcing a use tax on tubing companies...

[@DEADorALIVEkayaking]

@@fatmanoutdoors Trevor is correct...unfortunately, "navigable" means more than just being able to navigate down the creek. It means that the body of water is navigable for the purpose of commerce...originally written to mean that the creek/stream/river could be usable by steamboats. Stay safe!

[@wcb5890]

@@DEADorALIVEkayaking Commerce was carried out by all sorts of watercraft not only steam boats....were furs traded up and down the river with canoes or Pirogues? Most places include the river ever having an established line of commerce no matter the size or nature of the goods.

[@DEADorALIVEkayaking]

@@wcb5890 Agreed...looking at legal definitions of "navigable waters" in the USC, actually defining the term has become a rabbit hole, and that's before considering State definitions! The definition varies by State and by water body, and covers the gambit from "for the purposes of commerce" to "the ability of a watercraft to pass safely". Some States exclude "smaller streams" altogether and consider them as belonging to whoever's property they're flowing through, and the US Forest Service considers all waters to be non-navigable unless specifically adjudicated otherwise.

[@gilmontano2458]

Just came across this, but i had similar situation with worse outcome. I was in North GA fishing about 20 years ago, came across a chain hung across the river that said no fishing or no trespassing, cant remember now. Pretty big river and we entered it on foot at a public fishing area near a bridge. Started walking upstream and when we saw it, we recorded it, went back and spoke with a sheriff who said don't worry about it. Just there to keep the tourists and stuff away probably. Was a sunday and no one at Department of Natural Resourxes/Game Wardens answered. Next day, me, my brother and friend go past the sign fishing. At a point we see a lodge, as I am hooked into a montmster trout, a guy tries to cut my line and yelling at us. I landed my trophy trout after going to deeper water to get away from guy. We told the guy to call the game warden or sheriff. We would walk back and to be public bridge we came in the water at, never stepped on shore. We are met at the bridge by an Angry Ted Turner, screaming and yelling at us from a short distance. We tell him we spoke to sheriff who said it is okay. Game wardens come and are understanding. Ted must have called the Govenor or some other contacts about the 3 kids who must be on the top 10 fbi most wanted because gane wardens were there a minute after we got to the bridge and figured out the crazy guy yelling at us was Ted Turner. Said it could be worse had it got physical, which it would have had the guy from earlier cut my line, that guy was not Ted Turner. Game wardens say they have to give us a ticket because it is Ted Turner. Mentions the part about navigable waters, as I claim I can get a boat down it, but that doesn't matter. The one part in the regulations states something like it is up to you to know if you have permission to fish or something like that. They said if it wasn't Ted Turner who either owned the lodge or was friends with the owner, they wouldn't have ticketed us and gave us warning, but we each got a fishing without permissin ticket. Really turned me off to trout fishing northern Georgia. They altered the streams and rivers there. Those trophy trout were crushing our little phoebes, but they are there not for the public. They are there for someone to pay 3000 plus, stay at a lodge, and fly fish with a guide what is basically a bass pro tank with trout. The only good thing is some of large trout will move, but the streams, creeks, and rivers are altered in a way to make their areas the optimal trout grounds. They probably even feed them to fatten them up and keep them their for the paying fly fisherman. It's definitely true fly fishing or fishing at all and that began my hatred for everything Ted Turner, TBS, and the Atlanta Braves. Making Game Wardens give 3 kids tickets, even though a Sheriff was mistaken and we tried to do the right thing. Rediculous, but that is the life of the rich. Best part actually was us 3 kids crushing the trout while the fully decked out fly fisherman we passed and the one with the guide who tried to cut my line weren't hooking into anything anytime we watched them. Of course, we did not disturb anyone's fishing.

[@wpwentzell]

Sickening isn't it? Those rich twats don't own the water that flows into that stream, yet they reap all the benefits. Something needs to change.

[@CarolinaBassHunter]

Drew Gregory is a pro kayak fisherman and he always says "they live in the current". That Striper blow up at the boat was crazy! 😂 I laughed.

[@kenbaird5668]

You can change this law, but it will have to go through your legislation. Montana use to have the same law that the landowner owns to the middle of the stream. This changed when we passed the MT Stream Access Law. Now all streams, rivers, creeks are free access up to the "high water mark" or "flood mark".

[@TheReal10bears]

It should this way in every state. Glad I live in Montana 👍

[@stormysocks]

national navigable waters law says you can use it if you can get a boat down it

[@kenpatton8761]

That’s good news. Last time I fished in Montana was back in 1979….law back then was you could float the River but if you stood in the river you were trespassing. Landowners owning the land under the water. I had a hard time finding a place to fish from the bank. Cheers

[@mtbasshead]

And that guy got CRUSHED in court thinking he owned the water.

[@georgvonsauer2618]

That is the way it was commonly defined under common law...waterways were travel ways before roads were built...you even had the right to portage around an obstacle...

[@jeffreyb8717]

Sorry you ran into this, it has been an issue in GA for years, especially the Soquee River. If I owned that place you would be welcome to fish it.

[@jaredpreiss9178]

Anyone who thinks they can own a stream, regardless of laws, is the problem with the world.

[@dwaynesudduth1028]

Yes and no. Generally speaking, in 1876, the Supreme Court ruled that the State (for the most part) owns the land under rivers and streams. There is an exception, however, known as 'Kings Grant' exception. Essentially, if you can prove that a parcel of land was included in a grant issued prior to 1792 in that part of the State draining to the Atlantic Ocean, or a grant issued prior to 1802 in that part of the State draining toward the Gulf of Mexico, then the private landowner rather than the state may claim the submerged land. There is also some vaguely worded federal law about 'navigable waters' but no real definition of 'navigable'.

[@badmoonryzin7251]

No

[@hothotheat1938]

Maybe land owner just doesn't want that area full of hooks and lures.

[@nomaderic]

@@dwaynesudduth1028 he said "regardless of laws"

[@dwaynesudduth1028]

@@nomaderic It doesn't matter, if the law is on the landowner's side, we have no choice but to respect it. He can say 'regardless of laws', but that's a non-sequitur argument. it's the law on the books that Johns' video is about.

[@youngdouglas6624]

When people see your video and figure out the landowner's location, he's gonna have more trouble than just a little bit. You can almost bet he's gonna get challenged alot by anglers/kayakers/tubers etc. Best thing he can do is just leave it alone.

[@michaelwaninger3155]

The guys probably pissed the opened a kayaking and tubing place right up stream. It's a shame he chose to take it out on you.

[@sctenz]

@@michaelwaninger3155 I live very close to this section, and kayak it several times each year. There are actually 2 rental places just upstream (.4m and .9m) from his house. He bought the house over the winter, and the "No Fishing" signs are new this season. Even worse, he somehow talked his neighbors into putting up signs too. Both outfitters were there long before he was. I've talked to several other kayaks who he confronted. He now has cameras setup on the bank. No sure if he didn't know about the rental places when he bought the house. But his house is the closest to the water. He should hope we don't have the leftovers of a large hurricane come through, or he'll have a lot more problems than someone fishing on his side of the river.

[@acemcl3150]

bro!!! if i had a kayak i would so go just to pissed him off lol

[@natei3518]

Chestatee River. I've fished that loop off of Hwy 60 in Lumpkin more than a dozen times; live about 15 miles from there in Dawson. I have NEVER been approached by any landowner. FYI: The trout come down from Yahoola Creek and Lake Zwerner, where they are plentiful. The striper coming off Lanier will quickly take care of them though. Nice catches.

[@ericharrison8950]

Awesome video. This guy is just too controlling! Like you I didn't think the landowner's "owned" half the river. There will always be jerks in this world though - we have to be aware of that too!

[@codyreece7871]

I'd like to put 10 million checks on this but it won't let me

[@rickroberts8141]

That's not true. Not trying to be a jerk but the guy does not own the water

[@rickroberts8141]

We were camping on the Cumberland river and corp of engineers came and said we could not camp there. I asked why and he told me the Corp own ALL the waters and so much from the bank as well. He said no individual owns the water ways but that anyone can use them but no camping only in designated areas. I don't know but they have more authority than even the FBI. I was only going by what they told me. I'm no lawyer or anything else just a person

[@the45er]

NO ONE owns the "waters" in rivers like this, period. Here in Texas, due to laws dating back the the 1800's, there are three rivers where the landowner owns the river BOTTOM, but they don't own the water itself and cannot prevent floating vessels from navigating the waterway. You can't legally step out of your boat onto the riverbed, but as long as you're in the vessels, you're legal. And incidentally, on every other river/creek in Texas, you can legally boat, wade, walk, camp, etc. anywhere between the high water marks of the riverbed.

[@wadestanton]

In Montana the railroads had to build lift bridges so boat traffic could use the river. Landowner associations banded together and built low head dams for irrigation projects, completely blocking even interstate travel on the rivers. The railroads have been getting payback from montana's ever since.

[@ThatTechJunkie]

here in Ga i believe they have to own both sides of the river.

[@mfdswoldt]

I have done some research and the rules on waterways can vary extremely from state to state which I was very surprised by.

[@RiverBankin]

What are those 3 rivers?

[@the45er]

@@RiverBankin Anthony - I did a quick search on this and could not find any reference. It could be that the law has been changed. I did a lot of canoeing in Texas man6 years ago and remember the Nueces as one of these rivers. It had something to do with old Spanish land laws or something like that. Based on what I’ve learned recently, I guess I wouldn’t worry about it. Wade fish in any river you want to! Lol.

[@mikesoutfishing]

In Missouri they are viewed as public freeways and you can even get out and use the edge sand bars for camping, fishing, trapping ....as long as it is floatable water.

[@CreekFishingAdventures]

would be happy to hear any thoughts on this video...

[@freshauss5895]

@Keith Berry your really pressed about people fishing no one asked you to stock it you dont have to stock a river if you wond want to ITS A RIVER i swear people like you see people who ruin everyones fun your the type of person to want to take a way gun rights and dont forget to mention of course your name is keith

[@MattsFishinMission]

Man!! This was full of adventure!!! I also have had land owner bark at me… but mine was wading so they had a legitimate complaint… Also…. After seeing that big ol rainbow… im dying to fish that river!! 😂 not to mention knocking a shoal bass off my bucket list!! Great trip John!

[@stevebrockway4738]

Ohio wading takes some research. My brother and I always do some checking to make sure we stay on public river and creeks. Even state protected and state preserved rivers and creeks have property owner's rights to the river or streambed. Confrontations do not create good memories

[@johntfg2865]

You’re an honest man! You’ve earned a new sub! I have respect for good people like yourself who can admit when they are in the wrong.

[@johntfg2865]

@KLM09 Bro chill he didn’t know. Did you expect this to be some karen video?

[@STinGa157]

Wow ... plenty of comments on this video. I grew up fishing in TN and NEVER ran across this issue. When I retired and started researching fishing in GA, I ran across this issue and was quite surprised. It is very crazy, but you pretty much nailed your comments. I don’t have a barge and I’m shopping for my first kayak and I asked several semi-professional / very avid fishermen about any issues that they have had. They stated that they have only had issues with north GA (trout streams) property owners with their snooty / snotty attitudes. Thanks for your video and your legal research.

[@randyblevins9489]

Woah ! That encounter was uncalled for, but it raises questions which help to educate us. I feel you handled it the best anyone could do under the circumstances. I'm not sure what the rule is in Kentucky, but now I must find out. Most people understand fishing and being outdoors, so not a problem. Please be safe. Randy B.

[@bradheck309]

John, there is some federal defining language that also includes tidal influences. Back in the early 90's i was heavily involved in environmental regulatory consulting in Tennessee. At the time, it was widely held that any "blue line stream" on a USGS map was a navigable waterway. It would be awesome to do a video with an attorney that could hopefully clarify. Maybe TWRA would be willing to do a video with you..?? Thnx

[@captrockh2055]

The river I usually fish, there's a leeway, of 5 feet from the water- it doesn't matter who owns the land, as long as you are in the water, or walking within 5 feet of the water, the landowner can't run you off.

[@ronaldshank7589]

Sorry you had to go through that. Hang in there, Brother John-Better days are a'comin'! Great video, and ya caught some really nice fish. That Shoal Bass sure was pretty-Almost looked like a Smallmouth Bass there at first, although the coloring was different. One other thing-I've known what it's like, to feel the shock of what you went through, when that big ole Striper hit, right beside your boat like that. I've had at least two occasions in my lifetime, where I had a rather nice-sized Bluegill on the line, had it up near shore...and then, all of a sudden, had a huge Largemouth Bass come right up behind it, and come so close to stealing the Bluegill off the hook, that I felt like a huge shock snap right through my body, like a big ole bolt of electricity!!! Scared the ante outta me...and, in both cases, I'm lucky I didn't "brown out" my underwear!!! Well...have a great night, and, by the way, that was a very fitting Bible Verse! God bless you and yours!

[@kylesettle455]

We deal with this a lot on the stocked trout streams here in Virginia. As land has changed hands things have gotten way worse.

[@Dadlife911]

I understand that you’ve found that piece of legislature that reads that way but I want to say there is more to it. If that’s the case then all of our beloved tubing, kayaking, and trout rivers could be off limits. Good luck on clarifying my friend!

[@AaronsOutdoor1]

This really was crazy. I’m gonna have a whole video on this, and there is definitely a big push by some fisherman to change this law.

[@MackinNC1]

they will not get this law changed imho.....to many and too much money behind the landowners that control the few areas.....a judge is one of them that owns a lot of land on one river.

[@Losebotty]

Thts a beautiful area where is tht in ga love the channel keep it up!

[@JackycClark]

The law is obviously very old . Wonder if there have been attempts to change it .

[@EngineeringHooksets]

There is no need to change the law, the law already confirms your right to kayak in rivers and streams regardless of landowner wishes. Unfortunately you guys were just misinformed in this video. Please look up case law on this issue before you make a video so that you don't misinform people about their rights.

[@AaronsOutdoor1]

@@EngineeringHooksets we were not misinformed. I literally called law enforcement for the area to see if what the guy was saying was true. Look up Georgia title 44-8-2.

[@johnnevin7759]

I watched your video and your interpretation of what is considered waters of the State in Georgia. I have attached the law right here: I am an Engineer in Florida, and I frequently deal with waters of the State. There is nothing in this code which states how large the boats loaded with freight need to be. So a Jon Boat with a box of lures floating down the river is a transporting boat loaded with freight. Thus I believe you can argue that creek is condisered waters of the state, and in fact if that landowner tried to build a dock on that river, he would be denied. Thus he cannot stop you from fishing or traveling down that river. In florida that would certainly be waters of the state. Now a ditch which is dry most of the year is not waters of the state, but a river which runs all year long and in the rainy periods gets extremely powerful is waters of the state. 2010 Georgia Code TITLE 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT CHAPTER 1 - GENERAL PROVISIONS ARTICLE 2 - RIGHT OF PASSAGE § 52-1-31 - Legislative findings and declaration of policy O.C.G.A. 52-1-31 (2010) 52-1-31. Legislative findings and declaration of policy The General Assembly finds and declares that by the common law the citizens of this state have an inherent right to use as highways all navigable streams and rivers which are capable of transporting boats loaded with freight in the regular course of trade either for the whole or part of the year and that this right of use extends to the entire surface of the stream or river from bank to bank. The General Assembly further finds that the common law regarding such right of use has not been modified by statute nor is it incompatible with the federal or state constitutions. Therefore, the General Assembly declares that ensuring the right of use by all the citizens of this state of navigable streams and rivers which are capable of transporting boats loaded with freight in the regular course of trade either for the whole or part of the year as highways has more than local significance, is of equal importance to all citizens of the state, is of state-wide concern, and, consequently, is properly a matter for regulation under the police powers of the state. The General Assembly further finds and declares that structures located upon navigable streams and rivers which are used as places of habitation, dwelling, sojournment, or residence interfere with the citizens' right to use the entire surface of such streams and rivers which are capable of transporting boats loaded with freight in the regular course of trade either for the whole or part of the year from bank to bank as highways and must be removed to ensure the rights of the citizens of this state to such usage. It is declared to be a policy of this state and the intent of this article to ensure such rights of the citizens of this state by authorizing the commissioner of natural resources to remove or require removal of certain structures from such streams and rivers which are capable of transporting boats loaded with freight in the regular course of trade either for the whole or part of the year in accordance with the procedures and within the timetable set forth in this article.

[@timhartsock9942]

" There is nothing in this code which states how large the boats loaded with freight need to be. So a Jon Boat with a box of lures floating down the river is a transporting boat loaded with freight. So a Jon Boat with a box of lures floating down the river is a transporting boat loaded with freight" except the law states "transporting boats loaded with freight in the regular course of trade". Clearly the law is referring to commercial boats and not Jon boats with a box of lures.

[@MrStickthrower2001]

@@timhartsock9942 It your regular trade is to transport boxes of lures via Jonboat to bait shops on the water body, then that is perfectly legit. Grocery delivery, ditto. Lots of goods get transported by small boats in places like the Florida Keys, the Outer Banks, small lakes in the north woods, etc.

[@papasquat355]

@@MrStickthrower2001 "are capable of". Doesn't have anything to do with why you are on the water as long as the water is capable of it.

[@knotengajin7359]

@@MrStickthrower2001 When the nation was founded, canoes and flat rafts were trade transport materials. I would wager that “barges” were commonly very small and shallow draft as well, prior to steam and combustion engines which made it possible to push very large barges. Also, rivers and streams were the initial highways so boat size was likely determined by the river, stream, or creek and people were undoubtedly using small craft to get goods to settlements along these smaller waterways. Definitely worth bringing up to the legislature for clarification but I can’t believe that Georgia would be thinking along the lines of Mississippi River barges in size here.

[@russellmildner6470]

John, as an fisherman and a land owner on a stretch of the river, I see both points of view. I enjoy seeing people out enjoying the river kayaking and fishing and I talk to several as they come down. As a land owner and outdoors man, nothing infuriates me more than some one with no respect litters my property or decides my property would make a good restroom. Like you said, 99% of land owners are cool about the river and 99% of people using the river are cool. It’s that 1% that cause 100% of the problems. Thanks for your videos and the next time you are on the Hooch let me know.

[@dennistidwell7188]

Don't be that person. Well stated. Great content as usual. Looking forward to wading and casting at a local stream soon myself. 💯

[@tomgensel4134]

I live on a river in Michigan. I thought our definition of navigable water is different. Maybe not. I just thought the river was the states and my property ends at its edge. And if you are in the water and not on land that's fine. I enjoy the canoeing and kayaking and love to talk and visit with all who come by. 👍🇺🇸🦈

[@kingsgambit7734]

Most families that live in the area you were fishing most certainly do mind. Far more families care than do not care because almost every family has someone that fishes and look at those areas as their private fishing spots. The same way they view their land as their own private hunting spots. Not saying I agree with the law in this age where kayaks can make almost all streams navigable...but that has been my experience with a lifetime of living in the North Georgia Mountains and how my family has always viewed the trout streams within our property.

[@Oldsparkey]

As a Deputy Sheriff ( Now Retired ) in Central Florida I use to get calls from land owners wanting me to arrest fishermen for trespass. Especially ones up small canals for water front property that are used to access a main river. As long as the fisherman is in his boat he is not trespassing. The water and the fish in it belongs to the State of Florida. A land owner can own the land under the river but cannot own the water of fish in it. Trying to have some land Barons ( they thought they were ) understand that was a full time job.

[@keithtauber4153]

Thanks Chuck. Most of those folks, came here from the N.E. and brought their crappy attitude with them.

[@NetNinja01]

There is another channel of a dude in Florida who goes through this stuff all the time and it usually ends up with the law being called. Then the owners do the walk of shame.

[@amymorin2700]

Same in Massachusetts. I live on a river. Even if fishing on my land I still need a fishing license because I don’t own the water.

[@jonathanholland5404]

Im in GA and had the same problem game warden told the guy as long as we didn't enter through his property and we travelled through the water he couldn't do anything so i think you was in the right just don't take a break on his bank some people just don't have anything better to do but be pricks

[@fishing4treasure631]

That is the way it is in most states from my research. Its about where you enter not where you are on the waterway. Like here we have Caddo Lake and as long as I enter the lake in Texas I can fish in Louisiana and Texas laws apply. Same for someone entering in Louisiana. Toledo Bend is the same way.

[@macksoutdoors9357]

Aggravating that the laws can be murky like that but it happens in certain states. Love watching your videos! Got some Nikko stuff coming and can’t wait to get into a good bite.

[@wellscody86]

Best thing to do is be friendly and start on a good note with landowners, every once in a while you’ll get bank access with an offer of a few beers and fresh caught dinner

[@stevesampier527]

Note: the definition of navigable river can vary by State. And also, in many cases, unless the property owner owns both sides, they do not own halfway. Very complicated.

[@Lure-Benson]

No one in the US can own the waterway! I am a licensed USCG charter boat owner and when I took my test a very long time ago the coast guard states know one owns the waters in the US, they may have rights to the river bottom but not the water . Tell the land owner to go pound sand or call the cop then have the land owner fined for interfering in a legal fishing if the state has law preventing in radicals bothering sportsmen.

[@charternicholson9495]

Your camera placement and control is awesome John....it is really has gotten so much better as your channel has grown. Congrats!

[@JJ-pg4ud]

This is why, as a kayak fisherman, I have such a difficult time finding new places to fish. Unless a body of water has a defined public access point I am reluctant to park and enter the waterway.

[@stevendrake7818]

Where I live in northern Illinois there's a creek/river that has probably 15 city park/county park access points. People between them have gotten pretty upset at people floating through the passed few years. Kinda sucks because there's like 2 state parks and one normal river for people to use so they are packed. I still float and fish the creeks though. Technically if you arnt touching land you're fine. People still get pissed and hang electric wire over the water. For their "cows"

[@AmishThursday]

Any bridge on a public roadway is defined as a public access point in Wi.

[@betsybarnicle8016]

Kayaking, fishing, wading in water...you just had a day in heaven.

[@richardcontant4659]

Remember that, at the time, they used big canoe to transport goods. In fact it was the ONLY way to transport goods for many years.

[@Mezmo2010]

Agreed, " don't be an idiot" wish more people would abide by that little statement. keep the great videos coming Jim

[@NARSteve]

I believe here in Missouri, people can fish anywhere on a stream, but if you go above the high water mark on the bank, you could be trespassing.

[@kristenbrauner675]

In Missouri you own to the edge of the river at its normal level. You can stop on any bank for an emergency even if posted but only 15 feet onto the property. Not to hangout or go to the bathroom emergency’s only. I live on the gasconade river.

[@mineralareaoutdoors2213]

@@kristenbrauner675 it's the highest watermark, ive never heard of the 15 ft rule.. ive been involved in the stream team program for over a decade.....

[@kristenbrauner675]

@@mineralareaoutdoors2213 my father and I participated in operation clean stream for several years when I was younger with our scuba gear that’s awesome. The 15 foot emergency rule was brought into light again a few years ago when a landowner was threatened by a floater with a rock and he shot him on his bank of Meramac. My local Conservation agent is who gave me the information on the property line when we were having trouble with meth heads setting up cooks along the river. The high water mark is interesting in a flood it can be a long way from the river. The river by me is between 2-3 feet 300 days a year and I was told that is my enforceable property line to purple paint. Thoughts??? Thank you for the reply.

[@stevehogan8829]

Hi John, I would not call that an angry response. Thanks for taking the time to look up and explain. Weird that the state stocks water that the citizens can't fish. By the same token My Opinion is that the "Kayak" and Raft services are becoming a nuisance in many areas. I'm on the Gulf Coast (saltwater) and I'm a kayaker. Kayak rental companies will come in and launch literally dozens of kayaks in a morning. The last time I visited a state park kayak launch there were 26 kayaks on the bank. This effectively blocks any other individuals from using the area. Their trailers are loaded with 6 and more kayaks each and they have multiple trailers and trucks. Clearly its an issue. I believe using public ramps and facilities to support a "Business" is a bad move. If I'm an individual guide launching 1 boat or 2 kayaks that's one thing. IF I'm a services launching 6, 8, 12 or more along with the additional cars and gear, that's another. Between Hotels, restaurants, businesses and land owners, access to water is becoming impossible in many states. JMO. I also believe that thinking the laws will change to protect our right to fish un-navigable waters is just a dream. Will be a day when we can't access water without payment.

[@andrew_brent]

Water laws are always a little grey seems like, who knows. I think the biggest thing that gives clean fisherman a bad name is the trashy litterbug fisherman that has a party on the creek bank and leaves a mess behind.

[@toddnewton3088]

Thanks for posting this. It's a big deal, and I'd love to see more discussion along these lines. Use of a "navigable" streambed is language that's pretty commonplace throughout the parts of the US that I've paddled. These laws are meant to keep rivers open for general public use. They are usually about as old as anything can be in the states and worded in terminology that harkens back to the times they were written. Calling something navigable for trade and movement of goods was created before people even thought of paddling/fishing as recreation. They defined the public value of waterways in terms they could envision at the time. It's also worth noting that, carrying goods at the time many of those laws were written could have meant a bushel of corn or a stack of beaver pelts in a canoe. So, I would definitely hesitate to say that those streams aren't navigable because they can't handle barges and modern commercial shipping vessels. That's a huge stretch in the interpretation of the law in my opinion. I definitely am glad this stuff gets posted. Thanks for the commentary. I'd love to know where you found the definition of navigable relating it to the movement of trade goods. Was that written right into the same Georgia law as a footnote?

[@randyvining8101]

This has been tried a few times in Georgia and so far it has held up in court. Pretty much unless a barge can go up and down it is non-navigable. Presently we have a fishing guide on a major river that has leased both sides of the river. and has therefore blocked fishing in the stretch of the river that he has leased. I have been begging our legislature to deal with this for years but they won't.

[@AAAskeet]

in IL it's a canoe

[@kevinblevins2612]

Totally understand landowners not wanting people getting out on their land (injuries and litter) But can’t understand anyone not wanting you floating/ fishing the waters

[@thomasheckroth4365]

I feel like you can’t own the water in the river. Unless it’s a private lake/pond or unless you’re standing on their land I wonder why it wouldn’t be allowed…so the gallons of water running through are owned by that land owner for 15 seconds? Odd.

[@BRadWilson3]

Most of the time they own the land under the river. As long as you are floating in it and its a navigable its fair game from what I understand. If you are wading or on the shore thats when they have the rights to say you are trespassing.

[@AaronsOutdoor1]

@@BRadWilson3 unfortunately that is not the case in Georgia

[@codyreece7871]

Yes to both comments this ticks me off so bad bc I thought as long as long as you wasn't touching the bottom it was fine but it makes sense bc iv seen fences across the creek and in Georgia. I'm pretty sure I know where John is in this video. People feed the fish and have a smaller penis than me and can't stand for someone to have a good day. What's sad is they already think they own the fish in those places also they just don't say it

[@MrReddragon666]

Actually they don't even own the land under the water they only own the land upto the water

[@AaronsOutdoor1]

@@MrReddragon666 well unfortunately they do own half of the stream bed in Georgia. It’s probably different in other places.

[@Lesabrejunkie]

The landowner may have been right, but what’s the harm? Is he afraid that you’ll catch all the fish in that part of the river?😂😂😂

[@topherd1011]

Probably don’t want the hooks, lines, and trash that a majority of fishermen tend to leave behind .. I’ve been burned multiple times at my pond.. people begging to fish only to leave their shit everywhere. So I’ve decided to cut everyone off from the pond. I barely have time to clean up after my own stuff let alone everyone else’s.

[@notmyname3883]

Riverfront property = $20,000 an acre. $2,000 a year in taxes. $5,000 a year in maintenance. You wanna just waltz in and use my property? Eat my arse.

[@cant-get-right4814]

Landowner is wrong. You cannot prevent ppl from fishing the river from a Kayak/boat.

[@jeffnelson9420]

Nice Trout and Shoal bass. Just go with the flow...A friend of mine has gotten yelled at for fishing docks from a boat on Lake Chickamauga. Thanks for sharing and have a Blessed Day.

[@realisminscale6478]

John, I was always taught that when you are in a river or creek, as long as you do not get out of the boat where you are touching the bottom, you can navigate within the waterway downstream with the flow of the water. The logic of this being that the water was not owned by the owner of the land where the water entered his property, even if he owns both side of the stream. By law, the landowner has to allow for the free flowing of the water through his land. That means anything in it. That is what I always would go by and I would just notify the landowner that I was not stopping and moving with the water further on downstream. Ultimately, I know you have carried a handgun when fishing or at least packed one. That and the camera mounted on your kayak and your chest are the two best things to have, along with the gun should you ever be pressed into a dangerous situation....but...deflecting any tension, that is what I would have done, notified the landowner that I was indeed transitory and left it at that, without casting.

[@robertcox9795]

You can even walk on the bank below the high water mark

[@robertcox9795]

He would have to have an easement from the state a specific document granting him ownership of public property under the water

[@fdddsigns7274]

Legally, no one can own the waterway

[@fdddsigns7274]

That's a beautiful river!

[@thepope4970]

I live in Minnesota and the rivers and creeks are open to the public if you access it from a public access or even from a road bridge on the road right of way. You can even drop a small boat canoe or kayak from bridge crossing as long as you don't tear it up, and just go about your Merry way while respecting the shoreline. That's normally a nogo zone. If you need to get out and stretch on dry land do it at road bridges when in doubt. Can't say I've seen many no trespassing from the waterways but they do pop up occasionally. If you have a big boat on a trailer you use public access or private ones with permission. Nice video great scenery and a good days catch. Love to see you guys catch and releasing the trout. That's my norm except if I'm fish hungry I will keep a couple smaller ones. 👍

[@gdpurdy]

The law in NC is "historically navigable water" which is pretty much anything but the very small trout streams in the mountains. I suspect you were in the right unless GA law is substantially different. Many landowners can be nasty and ill informed. I know from personal experience.

[@MackinNC1]

georgia is very different.....if a landowner owns land on both sides he can completly stop you or anyone from fishing....there is a section on the flint like this...you can float through it but you cant fish.

[@kinardoutdoortv873]

O.c.g.a. 44-8-5 navigatable stream is the law for Ga. Basically you have to be able go float freight in a boat at least part of the year. So most streams in ga are completely navigatable because of flooding. I’m in no way giving legal advice however I am a deputy sheriff. So there is no part of any major river or stream in the state that they can ban u from fishing unless it is protected sanctuary by the state or federal government.

[@MackinNC1]

@@kinardoutdoortv873 this is not correct ...there are several places on the flint where the landownerss can and do keep people from fishing. they cannot stop you from passing through, John and his buddy found out they they could not fish that section.

[@kinardoutdoortv873]

@@MackinNC1 I’ll ask one of our local wardens to be sure but this is how I’ve seen this law used in south ga. Now also unlike north Ga most streams and rivers are fully navigatable down here. I’ve even told land owners they can not kept people who entered the creek from fishin if they never set foot on there property. Now all of these creeks where deep and had straight access to the river .

[@MackinNC1]

@@kinardoutdoortv873 the ones or sections where yiu cant fish ARE Navigable. you just cant fish. i can assure yo there are sections on the flint where you cannot fish. one is near yellow jacket shoals . like i said John and his buddy contcted the authorities and found out there were not suppossed to fish that section . no problem with passing through. this is why I luv NC.

[@atchafalaya2835]

My son owns 2 acres in a neighborhood in south Louisiana. The first year he lived there he did not have a fence. He now has a farm fence around the whole property. One thing we learned you can forget it without a fence. Since the fence was put up he has had zero problems.

[@forthelulz8085]

It's state specific. I've seen a few videos regarding this and it's all over the place. But a game warden made someone leave the river because they owned both sides of the river for a long stretch, the warden drove him away. Other video's the game warden told the land owners that they have no say as long as they are in the water and not on the physical land/bank. Check the state regulations before you go out. Same kind of crap happens with hunting laws. People will buy small plots with the only vehicle assess roads just to gate it so they have sole usage of the public land behind the entry point.

[@bobwoods5017]

My dad took me fishing on the Sacramento river and streams like Battle Creek from the time could walk! We drift fished by William B Ide State park. And further up through China rapids to the Bend Bridge. Lots of great memories. Miss him every day!

[@eves08109]

After watching the whole video I was wrong and learned something new but if someone owns property on both sides of a creek or stream then the law should require they put up a fence.

[@Crussman499]

Love the video content. Caught 3 good sized smallies at my local lake. Just jigging 20 feet and nail them. Then ridiculous winds came and I didn't feel like anchoring in that.

[@danielcannaday2207]

There are some crazy laws and I know they vary from state to state but that landowner is just greedy I own a stream that I fish myself and it's open to anybody that wants to float through we're way through I would never stop a fisherman but people are crazy I'm feel intiteled wish there was a way we could band together as fisherman and get some of those outdated laws changed

[@johndeno1071]

Great information John, thanks for looking this up.

[@creekfreakjr]

Welcome to Ga John!! The landowners in ga actually do own the stream bed. Its been going on for years on the Flint. It’s finally came to a head since a new guide service on tbe flint id trying to enforce it. Pardon my french but this os bullshit!! A free flowing stream with public access points should not be policed by landowners.

[@bearbenton5945]

Yeah pardon my french, but fuck those people. I mean REALLY? God made this earth for us all! I think as far as hobbies go, fishing is one God would be down with. I'll never understand the greed some people have. I grew up fishing and I will continue to do so where I please until the day I DIE!!!

[@kennyking6325]

That is straight up a Deliverance situation! Was that guy playing a banjo before he started learning you about how to treat his water! Haha

[@FattyJayVlogs]

To everyone That’s struggling in life: everything will be okay 😄 you mean the world to people and you are Amazing no matter what people say 🙏🏼😚

[@stevennelson9504]

In my state (Minnesota) If you can float a boat in the stream, lake, etc., The waters are public and private property ends at the waters edge.

[@dankxcore]

Sounds to me like some laws need to be changed/updated. I understand and respect private property but lakes, rivers, and streams should be open to the public as long as they're not causing any harm.

[@jlibertyparks8160]

I mean our License fee pays to stock them.

[@dankxcore]

@@jlibertyparks8160 I didn't even realize, I've been into fishing for years but this is the first year I'm taking it more seriously and trying to go a few times a week. It just seems ridiculous to me that someone can be like "you can't fish here!" if you aren't physically standing on their property. If someone was anchored right off of your property late into night or trashing your bank or something I get it, but if someone is just fishing while they're coming through then what's the harm? I imagine it's just people who have nothing better to do.

[@billknox4121]

In Pa . it’s mostly any stream that was used for commerce dating back to the Country’s origin . Floating over private property is permissible and a declared navigable stream can be waded up to the high water mark on the stream.

[@mikeboyce584]

I agree with you John I dealt with this my whole life and especially more recently and it's really upsetting disturbing that people can control a natural flow of water I've even seen them with electrical fences to keep their cows in strung across the river or creek to me that's way to far Our world is changing not for the better when I was a kid it was never a problem and I said this before usually I could approach somebody and just a nod saying I want to go fishing because he saw the fishing rod in your hand and it was always okay I don't remember anybody getting mad or saying you can't fish the water Somebody said to me once like they did in Texas a long time ago damned up the places so they could own all of water and control the population on cattle and whether they're cattle brought more money or not it seems to me that that was wrong and it was always fights over but to say anybody owns that water then That's just wrong for the rights to it God didn't make it like that man made it like that And I'm sorry I'm long-winded that this is always been a sore subject for me and I've got it into heated arguments with people then to find out I was wrong like you did having apologized to them later but still maintaining that it wasn't right agreed to disagree It's just tough for me to understand I know it is for you too what are you going to do try to own the fish next and you can't take them out of the river I don't know I don't know God bless you John I know the frustration so well just pray about it let God handle it I hope this was clear I was feeling anger and frustration when I was doing it so excuse me if the thoughts not fluent

[@bingbongbang8895]

As a man who has owned undeveloped property for many years, you would feel differently if you owned property. The average human being is the intellectual equivalent of a frog. For every person who is considerate of the property and the owner, there are 20 people who will view your property as a great place to dump old paint cans and tires and furniture. They will party on the property and if one of those pea-brained idiots hurts themselves while they are vandalizing your property, they can and will sue and they win most of the time. 20 and 30 year old people are not of a proper mind although there are several exceptions.

[@mikeboyce584]

John that was a great video and I didn't say it at the end of my comments and I'm sorry another great job and it prompted a lot of responses some I agree with some I don't but that's the world he got people thinking he got people providing information and that's what it's all about communication thanks again God bless you all

[@TheLawnCareNut]

This happens in Florida too. People are just ignorant sometimes.

[@CarolinaBassHunter]

I guess it comes down to what's navigable. I think if my kayak goes down it, it's navigable. I see what you're saying about the big boats with freight though. I think that's a stretch. It's a touchy situation. You're the man.

[@steveklick]

No John you were initially right and what you are saying afterwards is absolutely wrong on this. Your definition of navigable waters was not the lawful definition which is where you went wrong on this. I live in a different state than you but stuff like this is actually on a federal level to protect waterways. You were on navigable water that you were able to float to which makes it navigable for all people and no one can own the water, honestly dude even after researching I can't believe that you even said that and no he could not put up a fence across the water which is complete insanity. Trust me John if people could put up fences across rivers then you would've seen it already but it doesn't exist because its not lawful. You need to find the real laws and the real definitions by law and make another video correcting everything you've said here. This is how this stuff works. Sometimes because of water fluctuations people own property into bodies of water, this does not mean that you can't fish there or that you can't cannot walk in that area, what it means is when water is covering that area then it belongs to the river for public use, but if the water ever lowered then you could not walk on it because it would be called private property but you could still pass through. They own whatever becomes exposed unless there property line specifically stops at the waters edge. You have got this all wrong and mixed up. People cannot own water or land under water in navigable zones which you are actually navigating with a water craft. This concept is a major problem in the world and the guy yelling at you is either extremely confused or else he even knows and he's jerking your chain which a lot of them like to do especially when their property lines do go through the water. Please stop spreading this false rhetoric dude it is so hurtful to people and you've energized morons everywhere with what you just said.

[@rickroberts8141]

That's what I've been told all my life. No one owns the water. Well in Tenn TVA owns it but it's available for all

[@steveklick]

@@rickroberts8141 Yes you are exactly right, no one owns the water. Just knowing this eliminates all the B.S.

[@thorn4564]

This needs upvoted to the top cause this is actual law. Doesn't matter the state, waterways are protected from people like in the video from doing this insane stuff.

[@steveklick]

@@thorn4564 Yes you are exactly right!

[@thorn4564]

@@steveklick They don’t understand federal law trumps state law in matters such as this. Doesn’t matter the vessel, a kayak and canoe are protected as much as a commerce ship on navigable waterways and the law applies to them as such. I’ve dealt with it firsthand in 3 states.

[@CJYork]

Great video. We just fished Mountaintown Creek in NE Ga. and it's almost 90% privately owned. I wondered at the time about the "do's and dont's" and now have a better idea watching your video.

[@markwybierala4936]

So jealous of the water you’re on. Trouts, basses and Stripers oh my!

[@hamiltonharper]

Freight sounds like heavy cargo based on our modern understanding of shipping vessels, but originally trappers and merchants were floating goods using rafts made from lashed together timber.

[@Jaang29]

Nice shirt ! the design of the letter C is cool using the hook 👌🏼

[@ianjones6910]

Excellent explanation of navigable water, etc...that situation in Tennessee you described applies to Little River in Townsend, after it flows out of GSMNP; the water is "public", but you can't wade in a lot of places because the riverbed is privately owned. We have a unique situation here in South Louisiana in regards to this; due to coastal erosion and subsidence, there are waterways that are currently very navigable, but at one time in the past MAY have been dry land, and some landowners have been VERY aggressive in asserting their property rights - there have been major bass tournaments in which anglers were confronted by sheriff's deputies in response to a complaint. What makes it worse is, in Louisiana, there is no requirement to post "No Trespassing" signs, so you can find yourself in a situation where you might go down a bayou or canal, not knowing it is considered private. There are some efforts in the legislature to address this - in the meantime, it's definitely hurting the recreational fishing industry here.

[@hopnguyen1695]

I just floated this stretch on Sunday. I didn’t see these signs and lucky didn’t run into that guy. But glad to know the rules. Thanks man.

[@danmo43]

My buddy had the same striper incident on a river. Next thing we knew, he "caught" an EYEBALL! A BIG one.

[@Noobish_Camper55]

In Wisconsin navigable waters is defined as water that can be traversed at some point in the year with a small water craft. It is crazy that you need a wide and deep river in Georgia.

[@WildXNatur]

In Wisconsin, navigable water way mean any water way that is mapped and can be used to navigate on or off land. And if it runs to close to your property the DNR restricts what you can do within 100 yards of it. Yes even on your own land. My Dad wanted to put a pond in the front area of the property but the DNR said it was too close to a ditch /stream fifty yards out of our driveway. He had to have it dug an additional 69 yards on the other side of the barn.

[@bwoneymaddic446]

The landowner reminds me of the seagulls in "Finding Nemo," the ones who only knew one word: "Mine, mine, mine!"

[@johncraft9793]

That was a great video all away around, Good job!

[@jimoconnor8597]

Just had this over the weekend in a small creek in South GA. The landowner had cameras at the fence across the creek so they could come down to the creek and tell me I could not float there. I wasn't rude but insisted that the game warden be contacted. The landowner was told I had every right to navigate the water but could not trespass on the land to either side. The owner was super cool and said he would going take down the small fence he had across the creek to allow the right of way. Even told me good luck fishing when I floated away. Win-win. Maybe the game wardens are interpreting these laws differently across the state but we got it worked out great this time.

[@TDC7594]

Fence across a stream? Sounds like a safety hazard/liability issue to me, if someone could become entangled and drown

[@jimoconnor8597]

@@TDC7594 Wooden fence with signs. No entangling in it. If you are touching the fence, you are trespassing.

[@markphilippsjr]

Good info, most wouldn't assume that. Very interesting. In California I don't think it's like that but yeah, crazy.....

[@ryanlewis3906]

Really like how you keep these vids coming and don't make us wait lol

[@riverratfishing]

It's amazing because how could they own the water because it keeps moving. Hey great video. That's the first time I have ever heard of a Shoal Bass. Looks like a lot of fun to catch

[@roysuggs3635]

in some states if you can float a log large enough to lumber it's navigateable. in others if its deep enough for commerce, and a canoe or kayak rental business is commerce.

[@juntzjoking]

You should arrange a kayak/fishing party with about 20-30 people on that stretch of the river and do an old fashioned catch and cook

[@rlb9121]

Current federal law concerning "navigable waterways" explicitly states any waterway that can be reasonably accessed for passage of floating vessels of "ANY" description, for purposes of transportation, recreation, or commerce. Think about that, commerce alone means that someone is conducting business, (guide service, kayak rental service), on that particular waterway, thereby making that a "navigable waterway". The landowner CANNOT restrict your access to ANY part of that waterway, up to the normal "pool level" of the waterway. Also, think about where the water in that stream is coming from, especially near a state border of any kind, under EPA guidelines, that waterway is under federal jurisdiction, specifically because the watershed did not ORIGINATE on any particular landowners property. FYI.

[@chrislefevre5315]

One of your best videos for both the fishing and education. Appreciate you taking the high road and being honest but I’m not sure I feel the same about the land owner. I’m guessing he’s had some bad experiences with rowdy kayakers but people that fish are the best folks I know

[@billyyank5807]

Nice rainbow trout in the beginning. Nice and bright

[@rolandgirouard5914]

I have a cottage with bass and pike in the shallows and speckled and lake trout 80 feet deep. One weekend a friend of mine and I caught over 200 bass just off my warf when we weren't in the boat.

[@TheRedHornet]

Another crazy “Ken!” I’ve been curious regarding this as I’ve watched your program over the years. In Texas it is even different than you mention here.