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Post by bbrennan on Nov 22, 2014 16:28:09 GMT -5
What are the laws for trapping lakes and rivers can you take a boat and trap them or trap through the ice or do you need permission from the land owners?
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Post by kirkwooder on Nov 22, 2014 17:52:33 GMT -5
On rivers, the water belongs to the state but the land under them belongs to the property owner. You can't set the trap in the river without it coming in contact with the land at some point, be it the trap or it's anchoring system, so the permission needs to come from the land owner. The exception being, public land, of course.
I've never had any experience on the lakes, but imagine it to be the same.
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Post by bbrennan on Nov 22, 2014 18:15:05 GMT -5
I'm curious about baited body grips in lakes mostly where you can hang them like tip ups?
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Post by oakhilltrappin on Nov 22, 2014 19:05:30 GMT -5
I'm curious about baited body grips in lakes mostly where you can hang them like tip ups? HUH ?!
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Post by kirkwooder on Nov 22, 2014 19:21:28 GMT -5
I'm curious about baited body grips in lakes mostly where you can hang them like tip ups? HUH ?! 110's hanging on a stake through the ice like a tip up, is, I believe what bbrennan is talking about. I have no idea what the law would be, however, I would suggest asking the land owner in any case.
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Post by bbrennan on Nov 22, 2014 20:14:53 GMT -5
I was curious to hear opinions because I am not familiar with some of the laws in ny and some seem rather vague with things like unimproved land. Still curious what others think but will call a c.o. On monday
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Post by ron finewood on Nov 23, 2014 8:07:27 GMT -5
This is kinda the same, but different. Farmer Dan leases my land to farm. The lease doesn't say that I am leasing the land SOLEY for farming --- I am just leasing him my land and I know he plans on farming it. SO---- Does Farmer Dan have the right to give Joe permission to trap on the land? I thought the answer would be YES. Because --- if I leased an apartment to Farmer Dan, he could invite anybody over to the apartment without asking me first. Even if he invited someone that I hated --- he could still do it because, as the LESSEE, Farmer Dan has control of the apartment for any legal activity whether I approve or not.
I called 2 different ECO's and asked them this question. One said yes. One said No. I guess it's time to call Judge Judy!
What do ya'll think?
Ron
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Post by bbrennan on Nov 23, 2014 8:23:10 GMT -5
I think that when there is not a cut and dried answer they will go on the side of what is the easiest to enforce so I have a feeling that they will tell a trapper no rather than argue with home owners
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Post by nyredfox on Nov 23, 2014 8:59:41 GMT -5
This is kinda the same, but different. Farmer Dan leases my land to farm. The lease doesn't say that I am leasing the land SOLEY for farming --- I am just leasing him my land and I know he plans on farming it. SO---- Does Farmer Dan have the right to give Joe permission to trap on the land? I thought the answer would be YES. Because --- if I leased an apartment to Farmer Dan, he could invite anybody over to the apartment without asking me first. Even if he invited someone that I hated --- he could still do it because, as the LESSEE, Farmer Dan has control of the apartment for any legal activity whether I approve or not. I called 2 different ECO's and asked them this question. One said yes. One said No. I guess it's time to call Judge Judy! What do ya'll think? Ron We lease a lot of hunting ground, for "recreational" purposes. The same land owner leases the fields to crop farmers for "agricultural" purposes. If that lease agreement is vague and is a blanket lease, I would say that the farmer could certainly grant permission. By contract, he has control. I would tighten up that lease so that it is an agricultural lease. Then lease the recreational rights to separately... More $$$... . My opinion only.....
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Post by herm on Nov 23, 2014 9:18:47 GMT -5
Here we go again, this question is asked every year on this forum and a search will give the answer. The correct answer depends on how the waterway is classified. By the way , navigable waterways in NYS, even though they are a state highway, do not belong to the state. They are held in trust by the state under the Public Trust Doctrine.
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tmc
#2 Newhouse
Posts: 2,447
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Post by tmc on Nov 23, 2014 10:00:11 GMT -5
"UNIMPROVED LAND" IS STILL "OWNED!!!" BY SOMEONE!!! I HATE when idiots tell me that I can't tell them to get off my land because "THAT" part of my land is woods, and I am therefore NOT FARMING IT AND I HAVE NO RIGHTS TO IT!!! Or when they tell me I can't stop them from cutting my fence and snowmobiling wherever they want because they're on the SNOW, NOT MY LAND, and some have even gone so far as to tell me that because they belong to a club and have an imaginary tax that they pay extra for on machine and fuel purchases that THEY OWN THE SNOW AND I'M THE ONE TRESPASSING!!!! IDIOTS... And btw I DO use the woods for maple sugaring, which is an agricultural undertaking. But then they actually go and cut most of my maple tubing... Someone owns it. If it's not you, stay out unless you have permission. And as herm says - well, he already said it best. Usually does. oops, I meant always!! ALWAYS DOES!!! yikes! slipped there, sorry herm!!! Sorry for going ballistic but it really does happen every year, and "frustration" is NOT a sufficiently descriptive word.
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Post by bbrennan on Nov 23, 2014 14:13:56 GMT -5
The wording of laws here are rather confusing in other states such as mich. Private land is that no posting needed no such thing as unimproved land if it's private it's private!
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Post by cnyh2ofowler on Nov 24, 2014 7:48:18 GMT -5
When trapping lakes, If the property all around the lake is owned by one person, he owns the water and all rights to it. If more than one person owns property around the lake and you can get access to it, you can trap, as long as you stay below the mean high water mark. Unless you are on Skaneateles Lake in front of Congel's place, then you are not even allowed to look at the shore line.
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