# Hunting on the River:  Legal or Illegal??



## rusty_bucket (Oct 24, 2005)

I am new to South Georgia (Henry County Native).  I have been trying to find new places to hunt (deer & ducks) and a local recomended that I try river hunting.  From what I understand you canoe down a river, find a deer crossing, beach the canoe and set up on the ground or with a climber.   I know that it is illegal to shoot a deer in the water but my question deals with the right to hunt there.

Does anyone know if this is legal?  It sounds Illegal to me.  But I guess the banks of the river are public property.  He also said that you could duck hunt on the river just anchor or pull up to a bank and set up a blind.

Just wondering if anyone had any input on this matter.  Thanks for your opinions.


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## reylamb (Oct 24, 2005)

I don't know about the banks of the river being public property...plus, since you can't shoot a deer in the river you would not have much time to shoot a deer even if the banks are considered public property.  I always thought the river itself may be public, but the land surrounding it is not.  Sounds a little fishy, so to speak.


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## dominantpredator (Oct 24, 2005)

I wouldn't get caught hunting on the banks for deer without permission. You can hunt the river for ducks....as long as you stay in the water. The water is public .....not the land. There are exceptions to this rule around some bodies of water. The Army Corps of Engineers owns land around the perimeter of West point Lake and I have been told by a friend that he and his father buy a permit to hunt that land. I know some people who own land along the river and would shoot first and ask questions later if they saw a tresspasser.


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## Vernon Holt (Oct 24, 2005)

*River: Legal or No*

Even if you had written permission to hunt private land adjacent to a river, it would not likely be a productive place to hunt.  You are not likely to find a recognizable deer crossing on a river.  They will routinely cross creeks and branches at the same crossing.

Not so with streams large enough to be called "rivers".  Deer are not the least bit reluctant to swim across a river or lake, but they normally do so as a means of escaping dogs, coyotes, etc.  My point is, they do not with any regularity cross bodies of water.

I have had wounded deer on two separate occasions (Oconee and South Newport Rivers), make their escape by swimming.

River swamp hunting can be very productive with food sources nearby.  My point is that a "river crossing" is likely to produce a water haul, even if you were hunting legally.

Vernon


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## rusty_bucket (Oct 24, 2005)

Great point about the WMA's, We have one close by (Grand Bay) and it has a huge swamp and canal system.  I think I might give that a try.

Does anyone know if it is illegal to shoot a deer from a canoe? (not motorized)?


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## rusty_bucket (Oct 24, 2005)

As for the definition of river.  What I am calling a river may only be a creek to ya'll.  Maybee 20-30 feet +/- wide in most parts


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## littlewolf (Oct 25, 2005)

*small rivers*

i think they'll cross small shallow rivers...i've canoed down smallish rivers and seen deer swimming/walking across unworried. and some of the places i hunt are close to smaller rivers that have signs of regular crossings...

i've had a hard time finding public access in/out via small rivers though...you gotta have 2 cars or some way to get upstream..


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## littlewolf (Oct 25, 2005)

*legality*

the GA law, as i read it..(and i'm no lawyer) is that you can shoot from a moving water craft provided it is not under motorized power and the deer is not in water...

i'm sure  there's somebody here with more knowledge than me..please feel free to confirm or disagree..


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## jeclif (Oct 25, 2005)

don't  you still have to have permission to hunt the land --it belongs to someone


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## Coastie (Oct 25, 2005)

If it is on public land open to hunting or private land on which you have permission to hunt it would be legal. Shooting from any boat is legal as long as it is not under power. Using a boat or canoe for access is no different than using any other form of vehicle, as long as you legally have the right to hunt the property.


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## OFD2Truck (Oct 25, 2005)

Without referencing a rule book and relying on memory, I believe you technically could hunt as long as the boat isnt under power.  As far as the legality of shooting an animal in the water, I believe it states you cant shoot an animal while swimming.  If an animal is walking through the water, I believe that is different.  I guess is all boils down to the defenition of what is a river vs. stream.


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## SouthPaw Draw (Oct 25, 2005)

OFD2Truck said:
			
		

> Without referencing a rule book and relying on memory, I believe you technically could hunt as long as the boat isnt under power.  As far as the legality of shooting an animal in the water, I believe it states you cant shoot an animal while swimming.  If an animal is walking through the water, I believe that is different.  I guess is all boils down to the defenition of what is a river vs. stream.



And the interpretation of the game warden on this too as far as if the animal is considered to be in the water when its killed.


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## Snakeman (Oct 25, 2005)

Hunting Regulation Handbooks are FREE of charge, at any location that sells hunting licenses.

*Lakes, Streams, and Ponds* :  It is unlawful to take a deer by any means while it is in a lake, stream, or pond.

Nothing in that rule about swimming, walking or wading.  It just says "in".

*Unlawful Activities:*   -Hunt from a vehicle, plane, or boat under power.

If the canoe/boat/etc is "dead in the water", it would be legal to hunt from it.

However, the issue is still having permission to hunt the land along the river.

The Snakeman


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## Ol' Red (Oct 25, 2005)

Done it several times in the Ogeechee near Statesboro.  The trespassing can be an issue but it has never turned out to be.  Do it in the evenings.  You will see all kinds of stuff....deer, hogs, ducks, etc.  It is a great way to get access to areas that nobody else can because of the terrain.  I can get you hooked up with some people that do it all the time if you want.

-Mackyb


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## bradpatt03 (Oct 25, 2005)

i know in south carolina it is legal to ride in your canoe down the river. but you surely cannot hunt from it without permission. the way our property is set up is that we have a river as our property line. well we have access to up to 20 feet onto the opposite side of the river as well as the hunt club on the other side has access to 20 feet on our side. neither of us utilize it unless we have a deer that's crossed or something like that but its still nice to have. if i was you, i'd do like others mentioned and try it on a wma or nf


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## Paddle (Oct 25, 2005)

If the creek is that small I'd say no you cannot hunt it, The land owner owns to the center of non-navigable waterways, which is most of them in Georgia. Like the Towalgia river off of High Falls lake. I used to live on that river and owned to the center of the river.  Call the local Game Warden and he'll tell you if you can hunt the creek or river. If it is out of his county get the Warden who is over that section you plan to hunt and talk with him. That is what we have done in the past.


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## Vernon Holt (Oct 25, 2005)

Mackyb said:
			
		

> *"Done it several times in the Ogeechee near Statesboro. The trespassing can be an issue but it has never turned out to be. Do it in the evenings. You will see all kinds of stuff*"...-Mackyb


 
You seem to be unwittingly admitting to having tresspassed "several times", and further, you are using this forum as a means of encouraging someone else to do so.  You do yourself no credit by such an admission.  Tresspassing never became "an issue" with you simply because you were not caught.

Tresspassing in any form clearly violates the principle of private ownership.  Hunters who adhere to ethical principles will refrain from tresspassing in any form.  How can you relax and enjoy the sport of hunting when you know you are clearly violating long established law??

You can legally take ducks (in season) on a navigable stream.  I believe you can shoot a squirrel if it will fall in the river.  If you shoot game and/or set foot on shore without permission you are tresspassing.


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## jeclif (Oct 25, 2005)

Mr. holt is right and you are wrong if you get caught you will have a problem   hope its not on my place could be ---well   I 'll let the law handle it the first time


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## Ol' Red (Oct 25, 2005)

Contact the land owners along the stretch you are going to float.  No problem then.  Sometimes you lose track where you are though.  Mistakes are forgiveable.

-Mackyb


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## Ol' Red (Oct 25, 2005)

Jeclif-

I wonder if you complain about the guys who hang limb lines off YOUR trees from YOUR banks catching catfish.  You might want to ask before you start passing judgement.  Let me guess you and Mr. Holt have never accidentally been on the wrong land before.

-Mackyb


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## GeauxLSU (Oct 25, 2005)

I have a river that borders a little place I own.  If a man comes down that river and shoots a deer on my property, he's gonna' have a problem I guarantee you.  If he shoots one standing in the water he's giong to have another problem.  If he shoots one across the river on my neighbors place he's going to have yet another problem.    Why on earth would you want to do that in the first place??  (By the way, come catch all the fish you want on your way through)  If as much time was spent scouting legal places to hunt (how many hundreds of thousands of public land acres does Georgia have again??) as was spent trying to figure out ways to skirt current laws, we'd all be much better off.    And we wonder why private land owners keep pulling their property OUT OF CIRCULATION for what's available to hunt every year...
This is not so much directed at the particular topic of this thread but the mindset in general that seems to be prevalent amongst many.


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## Mac (Oct 25, 2005)

I own some property in Franklin Cty on the Broad river.
My property line is the center of the river.

This Stream is not a "Navigable waterway"  Laws are very different if the stream is a Navigable waterway.
I don't know any streams in North Ga that hold this classification.


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## Ol' Red (Oct 25, 2005)

Rules of hunting apply to whether you are on the river or not.  It is not illegal to hunt rivers.  It might not be your way of doing things.  A a matter of fact, a recent outdoor magazine had an article about using waterways to access areas to hunt that most people would not.  Gaining landowner permission is a must though.  It's not hard.  Just look up the property boundries in the court house and go visit the guy.  I'm not saying to trespass on anybody's land.

-Mackyb


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## GeauxLSU (Oct 25, 2005)

Mackyb said:
			
		

> Rules of hunting apply to whether you are on the river or not.  It is not illegal to hunt rivers.  It might not be your way of doing things.  A a matter of fact, a recent outdoor magazine had an article about using waterways to access areas to hunt that most people would not.  Gaining landowner permission is a must though.  It's not hard.  Just look up the property boundries in the court house and go visit the guy.  I'm not saying to trespass on anybody's land.
> 
> -Mackyb


I think people are saying only 2 things are illegal.
1) Shooting a deer in the water.
2) Trespassing. 
That makes 'river hunting' impractical.  Use it as a means of travel into hunting areas?  Sure.


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## Ol' Red (Oct 25, 2005)

If it is on public land open to hunting or private land on which you have permission to hunt it would be legal. Shooting from any boat is legal as long as it is not under power. Using a boat or canoe for access is no different than using any other form of vehicle, as long as you legally have the right to hunt the property.

Quiet, no scent, easy way to cover alot of ground.  Plus, it gives you another tactic when hunting pressure gets real high.  Don't knock it til you try it GeauxLSU.

-Mackyb


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## Mac (Oct 25, 2005)

I think,  river floats is a very good tactic in areas that it is feasible.

North Georgia,  Not real practical.

South Georgia,  I don't know.


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## GeauxLSU (Oct 25, 2005)

Mackyb said:
			
		

> If it is on public land open to hunting or private land on which you have permission to hunt it would be legal. Shooting from any boat is legal as long as it is not under power. Using a boat or canoe for access is no different than using any other form of vehicle, as long as you legally have the right to hunt the property.
> 
> Quiet, no scent, easy way to cover alot of ground.  Plus, it gives you another tactic when hunting pressure gets real high.  Don't knock it til you try it GeauxLSU.
> 
> -Mackyb


Agreed.  Supposedly an incredibly effective and efficient way to squirrel hunt (for example).  
Unless I misread, the original question was about DEER hunting PRIVATE land, using 'river hunting'.  That is not possible.   If I personally owned enough land to hunt via river or hunted public land, I'd no doubt consider it for deer.  Again, NOT the scenario I was addressing or the one I thought was asked about.


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## jeclif (Oct 25, 2005)

no catch all the fish you want  you can use the pump to get water to drink but the people that came trough last hunting season tryed to use my dock to clean a deer and trashed it so there is no dock to tie to or help you get out of your boat you caint sit under the shelter and eat one of the --------'s burned them for fire wood the chairs too
and my line is the middle of the river run but the water is not taxed yet
and you can't hunt east or the west bank  that's where I draw the line and the warden has his own key and I hope he uses it a lot


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## dominantpredator (Oct 25, 2005)

Mac said:
			
		

> I own some property in Franklin Cty on the Broad river.
> My property line is the center of the river.
> 
> This Stream is not a "Navigable waterway"  Laws are very different if the stream is a Navigable waterway.
> I don't know any streams in North Ga that hold this classification.


There are many.....but I wouldn't hunt deer down them.


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## Throwback (Oct 25, 2005)

In GA, if you are on the land, you BETTER have permission to hunt there. That includes tracking wounded deer, shooting them on the bank while you're in the water, ANYTHING. 

If it is a non-navigible stream/river, your best bet is to NOT hunt it because it is very hard if not impossible to legally hunt it. If it is navigible (think lower flint/chattahoochee below columbus/altamaha river) then you may be able to hunt IN the water for ducks, etc. but if it lands on the bank, kiss it goodbye unless you have permission. 


T


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## jeclif (Oct 26, 2005)

sorry   I'm still a lot p OO about the damage and still haven't understand how they destroyed the dock it took a lot of tought  any way I'm trough  puting my soap box back in the shed


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## Coastie (Oct 26, 2005)

*What kind of stuff am I reading here????*

The guy asked a straight forward question and this has ended up in a urinating contest about property rights. The answer, plain and simple, is, if it is on public land or on land where he has permission to hunt, it is legal. Those whose egos are so large that they cannot stand the possibility of someone having the audacity to ask a simple question without their propieterial rights being challenged should possibly get a life. Nobody has suggested that anybody should violate the property rights of others. Nobody has suggested that hunting from a stream in a boat or other conveyance other than on property where one has the right to hunt should be considered, so just what the heck is going on here? Has everyone become so paranoid that even the suggestion of something different than what they consider the normal should not even be considered? For the past 50+ years, I have read about hunts conducted from canoe and boat for various species. It is a viable means of transport and an ethical method of hunting, just because you didn't happen to think about it first doesn't make it wrong, Get over it!!!!


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## Vernon Holt (Oct 26, 2005)

*Legal or Unlegal??*

Trapper: I believe you had a bad day at the office. Nice lecture, but obviously overkill.

I agree that Rusty Bucket did ask a straightforward question. I submit that he was given straight answers which could, if followed, save him a great deal of misery.

He made no reference whatever to public land, so obviously this was never part of his question. He even made the statement that the recommendation given to him by a local, sounded "illegal" to him. His gut feeling obviously was correct. His assumption that "banks of the river are public property" is faulty.

We are "over it", how about you??


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## dominantpredator (Oct 27, 2005)

The Blue Ridge Trapper said:
			
		

> The guy asked a straight forward question and this has ended up in a urinating contest about property rights. The answer, plain and simple, is, if it is on public land or on land where he has permission to hunt, it is legal. Those whose egos are so large that they cannot stand the possibility of someone having the audacity to ask a simple question without their propieterial rights being challenged should possibly get a life. Nobody has suggested that anybody should violate the property rights of others. Nobody has suggested that hunting from a stream in a boat or other conveyance other than on property where one has the right to hunt should be considered, so just what the heck is going on here? Has everyone become so paranoid that even the suggestion of something different than what they consider the normal should not even be considered? For the past 50+ years, I have read about hunts conducted from canoe and boat for various species. It is a viable means of transport and an ethical method of hunting, just because you didn't happen to think about it first doesn't make it wrong, Get over it!!!!


Man. You did have a bad day. The question was is it legal or illegal. I think the vast majority on here was giving him straight answers. No one said you can't ever hunt that way. we were all telling him about rights to hunt and where it would be legal or illegal.   Take a few deep breaths and count to ten. We all love you man.


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## Scout-N-Hunt (Oct 30, 2005)

Whew!


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## rusty_bucket (Oct 31, 2005)

*Wow!*

I never thought this question would get this much attention.  First of all I would like to thank everyone who posted on this matter you have all given me an insight into a matter that I personally have little/no experience. 

 In my original question I did mention that I thought that the banks of the river were public property kinda like the side of a road (right-of-way).  But after I thought on the subject and read some of the posts I realize that often creeks/rivers serve as property borders and that the land bordering the waterway is private.  Thank you all for clearing this up for me.

Second, the whole reason I posted this question is because after reading the rules/regulations I was still unclear on this matter.  I do everything I can to hunt ethically/legally at all times.  I have not participated in this technique of hunting and I have not tresspassed on other peoples property.  I know what it feels like to be sitting in my stand on my property and have someone walk up (illegally) on me and ruin my hunt.  I don't want this to happen to me and I do not want to do this to anyone else.

Ok, now that I have hopefully cleared up where I am coming from on this matter.  I have visited my local WMA and there is a pretty large canal system through the property.  I do plan to use a canoe to travel the canal system to 'get away' from the mass of hunters that hunt the woods close to the access roads.  Hopefully by getting in early and setting up a climber the late arriving hunters, instead of scaring my deer, will actually be driving the deer toward me.  The banks of the canal are thick and visibility is almost 0 so hunting from the canoe is not a viable method.  But I think using the canoe as transportation away from the crazyness of the WMA will be very useful.

I do think (judging by responses) that this was a good forum.  It seems that some other people are in 'the same boat as me' (pun intended) on this matter.  Often I think sometimes hunters are just misguided (like I was).  Had it not been for this forum I might have tried the method and been unknowingly tresspassing on someone elses property.  Sometimes it's just good to ask someone before you act.  The rules and regulations manual is clear but can be misinterpreted.  As far as destruction of property, that is totally unexceptable and indefensible.

Thanks again to all here at Woody's for clearing this up for me.   I am new to this campfire but I think I'll sit for a while.


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## GeauxLSU (Oct 31, 2005)

rusty_bucket said:
			
		

> Ok, now that I have hopefully cleared up where I am coming from on this matter.  I have visited my local WMA and there is a pretty large canal system through the property.  I do plan to use a canoe to travel the canal system to 'get away' from the mass of hunters that hunt the woods close to the access roads.  Hopefully by getting in early and setting up a climber the late arriving hunters, instead of scaring my deer, will actually be driving the deer toward me.  The banks of the canal are thick and visibility is almost 0 so hunting from the canoe is not a viable method.  But I think using the canoe as transportation away from the crazyness of the WMA will be very useful.


I hope that proves very successful for you!  
Keep us posted ....


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## Vernon Holt (Oct 31, 2005)

*Legal or Illegal*

Rusty Bucket: Thanks for the candidness with which you have expressed your feelings and your purpose in posing the question.

Our beloved sport would be much the stronger if more of our hunters exhibited the ethics and outlook which you expressed in your final post.  Any club would do well to include the likes of you in their membership.

I belonged to a club for many years that had land encompassing four miles of river front on the lower Oconee River.  We had virtually no poaching from neighboring lands that bordered on uplands.  We had however a serious poaching problem on the river.  Locals (I could easily use a stronger adjective) would come down the river with two or three guys in the boat.  The thieves would then scatter out at different points and proceed to hunt as though they owned the property.

One of our members once confronted one of the poachers.  The member was told, "I have always hunted here, I will continue to hunt here, and there is nothing that you can do about it"  Sad to say, this is probably a true statement.

As is always recommended here, we notified the local game warden on numerous occasions with zero results.  It would take one game warden full time to make a dent in river poaching.

By the way I like your handle, Rusty Bucket.

Vernon


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## JBowers (Nov 4, 2005)

Throwback said:
			
		

> If it is a non-navigible stream/river, your best bet is to NOT hunt it because it is very hard if not impossible to legally hunt it. If it is navigible (think lower flint/chattahoochee below columbus/altamaha river) then you may be able to hunt IN the water for ducks, etc. but if it lands on the bank, kiss it goodbye unless you have permission.
> 
> 
> T


 
This issue is one we all hear more about as time ages.  There are some good precedences, but more court challenges need to be made to those who seem to think they own public resources and use arrogance and veiled threats to perpetuate such a message.


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## jeclif (Nov 5, 2005)

I don't understand what you are saying  jb
my plat shows that I own and pay taxes on the land under the stream but I dont own or have any claim to the water that runs over it  I can't fence the area that the water runs trough but I can fence the low water line

anyone can fish and hunt the water but if the get on the land or shoot anything on the land that is against the law with out permis.    thats what the officer told me

If you were to ask most of us wouldn''t mind as long as you take care of what is there like it is yours


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