mikeg,
 
When i used to fish the lake at 16 mile it was a little like your fishing in Texas, to the west of the beach area is or was a boat club with no trespassing signs, so I would wade out legal and cast as far west as i could there must have been a deep hole that held the steelhead better than most places, did real well and was legal doing it. I would have liked to have gone down west further but for a fish that i don't keep didn't seem worth the hassle, now if it were perch or crappie...maybe......ahahah.....

Are you saying someone posted the lake?  I find this very hard to believe.

I mentioned this on the other thread and will mention it here

In Ohio, even on Navigable rivers, you can NOT wade in the creek on property where you're not welcome

Please be aware that Pa's laws are very different than Ohio's as far wadding the creeks/rivers  defined as navigable.

You can NOT legally wade navigable rivers in Ohio if the land owner says "keep out"


this has been a public service announcement for those that think they know what their rights are...ain't right


...L.T.A.

ORIGINAL: spoonchucker

D-MAC,

I agree, why create/deal with a hassle, BUT if you stay in the water you can walk the entire perimeter of lake Erie. Legally, not pratically though. The lake IS navigable waters by all definitions.

spoon,

You just have to be mindful of the full regs around lake erie. It is navigable 100%. However the high water mark and the low water mark are defined by elevation points. The elevation points were defined at some point in the past and at some points the elevation lines are both completely buried by water and some are entirely out of the water. The ordinary high water level is 573.4'. Above that point navigability and public trust don't apply.

Realistically though, if you're walking the shoreline fishing and staying at the waters edge there shouldn't be a problem.

You would have a problem walking across Niagara falls though.. ;o)

Thanks
Rick

ORIGINAL: MackJ

It is my understanding that the doctrine of public trust is a federal common law concept and does not vary from state to state.  I don't believe Ohio is free to interpret the doctrine less generously than any other state. 

true, it's a Federal law.
It dates to early 1800s

however, if you read the law, there is no provision for "recreational" use.
It's clearly geared (and worded)  to accommodate commerce and transportation/right of way passage.
Not to have a picnic to the high water mark on some duud's property.

I would suggest that "other" states are being more "generous" in their application of the nav laws to include recreation.
cause that's not what the law is/was about

..L.T.A.

ORIGINAL: egg sac




In a twisted sence could not one argee that using an area of stream was for commerce if they were using if to guide others?

mebby so, Eggy

I nominate you to go fish on Lord Beaver's fiefdom and challenge it through the courts when you get your trespass ticket



..L.T.A.

Read the God Dam book?????

That's what one guy was doing at 20 mile a couple of weeks ago. I didn't
see him get booted, so I guess it's ok.
 
He was standing under the bridge and casting into the fast water with a spinning rod. The posted signs are on the south side of the bridge. The water was pretty low elsewhere, so this was a great spot. I guess if he hung up, he'd have to cut his line.
 

WCO's want to know of any problem a fisherman has with either landowners, land owner imposters, and guides. I know a few instances over the past 2 years they have steeped in a either had leases remove and move signs. Worked with landowners to open their steam sides open, and enforced the trespass law.
I don't know how the law enforcement works in Ohio but........................from my understanding State patrols work the highways and local police every where else and one WCO per County.
Fisherman can't change the law until the laws are challenged.
Best way is to work on the legislation to get the Erie stamp moneys permanently ear marked to Erie County Lake and Tributary access. More money the more the property owners will listen. With the economic down turn a feel there will be a lot of property owners looking into some extra money. Only problem is finding witch company holds their mortgage and how it can be assigned.

Well, there was a guide there with a couple clients, and he didn't say anything to the guy.
 
Doc, you out there?  Is this allowed?  Are you trespassing if you don't set foot on the posted property? Would it hold up if you contested it?

You put up a fence to keep me out or to keep mother nature in, If God was here he'd tell it to your face, man your some kind of sinner, Sign, Sign everywhere a sign! What da heck man? If fisherman were better sportsman there would be alot less posted property! One person can screw it up for evryone! I would bet if some of these property owners were ask thay would allow you to fish there property. I would not enter posted property without permission, That would be RUDE, BREAKING THE LAW (Criminal trespassing), and very WRONG!