Hunting Etiquette in your area

B

Bernie Brown

New member
I live on a tidal estuary in Massachusetts, on property that has been in my in-laws possession for several generations. My son and I typically hunt from our shore, with a duck boat we row. Sometimes we hunt the marsh, but that is always dependent upon how much time we have to wait for tide swings. The area used to have a lot of local hunters who hunted their property or blinds that they had built on the marsh, but not too many locals now. It has seemed to be the local tradition that, regardless of the fact that you are legally entitled to access anywhere below the high tide mark by boat, if you lived there/owned the property, you had dibs on the hunting site. We have had more encounters in the past few years (most friendly, some not) regarding our right to hunt our own property (or family members) if someone else got there first. Like I said, most encounters end with cooperation, but some guys think they have exclusive hunting rights because they were there first. We always have the option to set up to spoil their hunt, as well as not setting the way we want, but I am just wondering how other people deal with it from different areas. By the way, we are not complete jerks, we always try to incorporate both parties into a combined hunt, but that does not satisfy some people.
 
My opinion anywhere I hunt is if you are legally below the high water mark then its your spot to hunt. You should respect the fact that they beat you to the spot and hunt elsewhere. This coming from someone who has hunted leased islands and encounter the same lack of respect for the land owner.
 
Yes, unethical behavior that is legal should always be rewarded; after-all that is the core of the "new waterfowler's" credo. That's the trouble with the old-timers: they think the experience is about duck hunting, not just killing ducks. HOW many bands do you have on your call lanyard? You mean you don't have any decals on your shotgun? I have Sitka logo socks and underwear, not just my coat and vest!
 
Last edited:
If the blind is above the high water mark, post it! You can always do a hasp and lock thing. If boat hunting, have you checked your local regs regarding distance from blind? If the poachers are less than 1500 feet from an ESTABLISHED blind, they are illegal, well, in Delaware, anyway.[mad]
If no regs exist, you may have to seek other redress.
 
We have had more encounters in the past few years (most friendly, some not) regarding our right to hunt our own property (or family members) if someone else got there first.

[font=Verdana, Helvetica, Arial, sans-serif]As a natural resource manager who oversees the submerged lands program in a coastal State, I am well versed on this subject, and not just as it applies to Alabama. Find a copy of a book called the "Putting the Public Trust Doctrine to Work" (Slade, et al, 1997), its a good read for any one who owns coastal waterfront property and those who use coastal waters adjacent to those properties.[/font]

From dealing with waterfront (riparian) property owners for the last 10 years, I can tell you they have a lot of misconception about what they own, what their rights are and what the rights of the public are. And some of them are downright arrogant and will do things that are flat out illegal in attempt to restrict the public's rights below mean high tide or even to prevent a neighbor from expressing their riparian rights. Its simply mind boggling at times. Not saying it's whats happening in your case, just making a point that there is a lot of misunderstanding and bad blood out there.

[font=Verdana, Helvetica, Arial, sans-serif]Right off the bat, lets establish that if the submerged lands & waters below mean high tide, it is not "your own property". It is public property.[/font]
[font=Verdana, Helvetica, Arial, sans-serif]In the vast majority of states, along tidal waters, the property line between public submerged lands and adjacent privately owned uplands is the mean high tide line. [/font]
[font=Verdana, Helvetica, Arial, sans-serif]The adjacent upland owner (your brother-in-law in his case) has certain riparian rights on the adjacent submerged lands below mean high tide. [/font]
[font=Verdana, Helvetica, Arial, sans-serif]Those riparian rights vary by state but usually include the right to build docks, wharfs, piers and similar structures, subject to the lines and limitations imposed by the state and federal governments. [/font]
[font=Verdana, Helvetica, Arial, sans-serif]However, the public also has the right to fish, bath, [/font]hunt, traverse and/or [font=Verdana, Helvetica, Arial, sans-serif]navigate on or above those submerged lands below mean high tide. [/font]
[font=Verdana, Helvetica, Arial, sans-serif]These public rights are just as "strong" as the adjacent upland owners' riparian rights. [/font]
[font=Verdana, Helvetica, Arial, sans-serif]Neither may significantly interfere with the others expression of their rights, with the exception in (almost) all cases that no one may cause a hazard or impairment to navigation, navigational servitude takes precedent.[/font]
[font=Verdana, Helvetica, Arial, sans-serif]
[/font]
[font=Verdana, Helvetica, Arial, sans-serif]So, what this means is you do not have the "right" to ask someone to leave if they are floating or standing below mean high tide, were setup first and are otherwise not trespassing or violating safety zone or other state regulation. [/font]
[font=Verdana, Helvetica, Arial, sans-serif]What may seem like a violation of etiquette to you is simply a member of the public trying to express their right to hunt, fish, boat, etc., where they have a right to do so. [/font]
[font=Verdana, Helvetica, Arial, sans-serif]Look at it this way: I go out the day before, scout, find a bunch of ducks along the marsh in front of your property. I get to the ramp early, get out to the spot well before shooting time, setup my boat blind, put out my decoys and settle in. I did everything right and legal. Then you come along and ask me to leave???? From my perspective, it is you who are showing a lack of etiquette and consideration. [/font]

[font=Verdana, Helvetica, Arial, sans-serif]I will say this: The public most likely also has no right to build a permanent blind (structure) in front of your upland property within your riparian area, as defined by your state. They can anchor a boat and hunt, fish, bath, etc, as they see fit. But they cannot build a permanent structure. If this happens you have the right to ask the Corps of Engineers & State to investigate and will most likely be told you have the right to remove it. But make sure to go through proper procedures for your state,[/font]
 
I'll bite:

How is it that a member of the public legally expressing their common law and statutory rights is unethical?

Are they supposed to call every riparian landowner in the bay and ask if they are going to hunt tomorrow morning?
 
Unless you know, and are familiar with the others hunters (as you stated), waterfowling and etiquette go together like oil and water.

Competition for spots, and at the boat launch have tried to be addressed in many ways since the get go. A degree of outlaw attitude is woven into the fabric that is waterfowling.

With less habitat to hunt, things today are not much different, just compressed from how it was in the past.

Getting up earlier does not always stop others from setting up next to you, if they so desire to do so. On most public and some private areas it is a crap shoot.


Avoiding first days, and weekends if possible works many times. A no brainer.

It has always been a case of you win some, you loose some. Plan B can work. Or just turn around and go fishing, or hunting for something else, and try your best to let it not ruin your day.


Over the years I have witnessed, and helped diffuse some very dicey situations.

We have so much of our lives and $$$$$$'s tied up in our lifestyle. Stress is very much a part of it, but when things DO go right it is well worth it.

I hope that you find a solution to your problem.


just my 2 cents
 
I wouldn't say there's a lot to deal with ( your property ends at the high water mark) if the other hunters got there first and it's a legal hunt, you should move on and hunt elsewhere. I'm of the mindset that they would need to ask you to join their hunt, not the other way around. I don't think beating somebody to a spot has anything to do with etiquette, I think the etiquette would come into play next. " By the way, we are not complete jerks, we always try to incorporate both parties into a combined hunt, but that does not satisfy some people. " IMO, You shouldn't be the one trying to incorporate, you should be the one asking the group that beat you there if they mind if you join them, since you're the one that's late to the spot. Personally, I would just keep on going and hunt a different spot that morning and then set my alarm an hour earlier next time and bring a thermos full of coffee to enjoy the pre-hunt sit.

"We always have the option to set up to spoil their hunt" This would be a poor showing of hunter etiquette in my opinion.
 
I hunt almost exclusively riparian land adjacent to privately owned uplands in coastal New Jersey, but have never had an issue because there is no structure or owner present on these uplands. I either hunt from a boat or use a temporary blind. I will also say that these same riparian laws have nullified municipal "no discharge" laws for the same reason that the State has not transferred these rights to the municipality.

I believe Carl is right is his general assessment, however you should investigate the specifics that your state laws provide for clarity. It can only help you better understand your rights. Perhaps you can lease riparian land in question.
 
Who here comes from a state that has a "minimum distance" between parties law? Who here comes from a state where "first-come-first-serve" is law? Curious because my state has neither yet most think they are the law, especially the latter.
 
Last edited:
Just gonna tell me experience. We have property that runs along a creek that is great for wood ducks. For decades my family and other people have hunted it and have just used natural cover to hide and hunt. Last year on the property across the street a new owner came in and built a blind on the creek. It has now come to that "he owns the creek" and we can't hunt it because we don't have a blind even if we were there first.

There are plenty of options I could use to get even but what would that do? I could bait the creek and call the law or set up just outside of range and mess him up or burn his blind or destroy his boat he leaves there. But what does it prove?
Me I decided to make a duck impoundment area on our property a little ways away which is something I've wanted to do for awhile. I'll invite him offer to hunt with me when it's done and live the life I think the Lord would want me to live by showing love and blessing thoughs that mistreat you. If it works then I'll gain a friend and can reason with him more then
 
Eric, I know on the currituck sound here in NC had a distance law between blinds whether permanent or a float blind. And any of the public land that is maintained by the state has distance laws. I believe at 500 yards.
 
One question:
Why cant you hunt your side of the creek when he is not there?
Or even if he is there?
Is there a reg that says you cant?
Just curious.


BTW, public rights on non-tidal navigable rivers and streams is much different than on tidal waters. In some cases, you may even own to the center of the stream, depending on which state you are in.
 
benp said:
Eric, I know on the currituck sound here in NC had a distance law between blinds whether permanent or a float blind. And any of the public land that is maintained by the state has distance laws. I believe at 500 yards.
Click to expand...

500 yards? Wow, that a 1/3 of a mile. Do they enforce it?

As Eric noted, Alabama does not have a "distance between boats requirement".
And its first come, first serve on open public waters.
 
"Personally, I would just keep on going and hunt a different spot that morning and then set my alarm an hour earlier next time and bring a thermos full of coffee to enjoy the pre-hunt sit. "


That's my approach!
I usually wake up long before my alarm clock goes off anyway, its a rare day when someone beats me to the spot I wanted to hunt. If so, I just motor down to Plan B.
 
I want to know what has happened to common courtesy of giving ample room to other parties on the marsh and even rarer, 'letting the birds work' if you are in tight proximity to another party. I've had outstanding hunts for myself and other parties where we set up close to each other but were courteous and didn't take birds that didn't work into our respective spreads. Public land is what it is, especially in a congested state like NJ where I live and hunt, but I've had so called guides that have been gunning for a mere few years set up on top of me and rain shot down onto me. Its really hard to find newer waterfowlers that have common sense and courtesy. And this is coming from a relatively 'young' waterfowler.
 
Carl, the currituck sound is a whole different system then the rest of the water bodies. If you set up 5 yards within the currituck zone then someone is calling you in. I don't hunt over there and I'm am pretty sure it is 500 yards and not 300. They have special regulations there and is heavily enforced. People burning blinds down and threats being made type stuff. It has carried over into my area with snow goose hunting as far as the disrespect issues because the same guides have issues with anybody else hunting land that they have the same right to be on.

As far as the creek and my property issue. I can only hunt Saturday's and that is the day he hunts. As far as I am aware of the property lines stop at the mean tide area and do not include waterways unless a man made canal or something. So I could still set up on the creek but I would only be about 60-80 yards down the creek just on the opposite side. Even if I get there first and am set up he will still set up and sky bust and show no respect. Me acting the same way wouldn't help any matter, I'll let my cousins do that type of stuff.
 
In VA, licensed blinds must be 500 yds apart. A floating blind (boat) can not hunt within 400 yards of a licensed blind, whether the blind is occupied or not without the written permission of the blind holder. We have land owners that build blinds solely to prevent anyone from hunting near them. Of course, that is where the birds will loaf all day! We have Riparian rights, non-riparian rights, and then open access. Riparian Rights owners can license their waterfront first, then after a certain date, non-riparian's may license a blind site. Major PITA, need to have a good rangefinder, and keep an eye out for new blinds. Tough in the dark, and if the blind is simple and well built, not obvious to see.

This is in Northern VA where I live. I know the laws are different in different regions of VA....
 
Carl said:
And its first come, first serve on open public waters.
Click to expand...

That's the way its always been done but I've never found a law that says this. If someone wanted to be "difficult" I believe they have the legal right to hunt next to you on public waters. If I was sitting on a park bench and you came and sat next to me could I demand you leave? We went through quite an ordeal in Arkansas a few years back and was told by the game warden that he would do nothing about parties joining other parties when hunting public lands because it doesn't matter who showed up first in the eyes of the law. It's all public. I don't plan on intruding on another party but given the changes in attitude on public waters this tactic wouldn't surprise me.
 
You must log in or register to reply here.
Back
Top