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Thread: Montana Stream Access

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  1. #22
    Join Date
    Dec 2006
    Location
    NYC
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    409

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    Quote Originally Posted by Steven McGarthwaite View Post
    All territories on becoming States, lose jurisdiction of any public waters, inside their border that can be used for transportation of people, materials or supplies (Federal Interstate Commerce Laws). So if it can float a canoe, it is public waters.

    (snip)

    Do not look to the laws and statues from Montana, look else where, in the various agencies of the Federal Government that supersede State Law... on issues of Public Land and Water.
    Yes, but...

    According to the laws of the State of New York, canoeing is one thing and fishing is another. You can canoe down a navigable stream even if the land on both banks is privately owned and posted, but you may not fish while doing so. You also have no right to wade - the landowner on each side owns the streambed to midchannel, and wading is trespassing.

    Federal law governs navigation. State law governs fishing.
    Last edited by CM_Stewart; 02-17-2011 at 11:06 PM.
    Tenkara Bum

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