# duck hunting public waters



## BigJim (Nov 7, 2005)

I know that it is legal to hunt most places on public bay systems from your boat. However, if you are to get out of your boat, what is the farthest on land you may go? And I realize that during the winter the tides may be super low... Just wondering how far up you can go legally.. Normal water level? I think on rivers and such you can go 15 feet from the water's edge (not sure about that one)... didn't know if the same rule applied to bay systems.


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## Sean Hoffmann (May 24, 2004)

Mean high tide line, I believe, for privately owned property in or surrounding bays.


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## OxbowOutfitters (Feb 17, 2006)

Old & Lost is a decent place to hunt, BUT leave the dog @ Home till it gets cold..
Theres a few Gaters there & a few REALLY big 1's @ that..

Oxx..


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## castnblast4life (Jun 12, 2007)

Try Contacting The Tpwd On Their Website They Have An Email Question Box Only Takes A Second And They Reply Really Fast


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## Levelwind (Apr 15, 2005)

BigJim said:


> I know that it is legal to hunt most places on public bay systems from your boat. However, if you are to get out of your boat, what is the farthest on land you may go? And I realize that during the winter the tides may be super low... Just wondering how far up you can go legally.. Normal water level? I think on rivers and such you can go 15 feet from the water's edge (not sure about that one)... didn't know if the same rule applied to bay systems.


High tide line. Of course nobody knows what that is so most GWs use the vegetation line. To make things even clearer the legislature passed a law that it is illegal to hunt over normally dry privately owned areas during floods. Saltwater included.

On NAVIGABLE streams and rivers, the law is that you can be anywhere within the "fast banks". You can theoretically be on a dry streambed and if it is navigable part of the year, you're legal.

Now for the real deal. Law enforcement in Texas is real big on landowners rights. Not so much on John Q Publics right to enjoy public lands. This goes from County Sherrifs, to JPs and judges, to TPWD. If you step on dry land (private land) at or above the vegetation line freshwater or salt, you are VERY subject to getting a ticket or hauled off to jail for trespass. You may or may not prevail in court if you have a good lawyer, if you were legal to begin with.


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## waterspout (May 21, 2004)

OxbowOutfitters said:


> Old & Lost is a decent place to hunt, BUT leave the dog @ Home till it gets cold..
> Theres a few Gaters there & a few REALLY big 1's @ that..
> 
> Oxx..


Ahhh, yes,, but, be very carefull hunting in and around jacks pocket or close to jacks pass. Those ******** will flat out tell you they own everything in there and if nothing alse they will ruin a perfectly good weekend for you. Just a FYI, anywhere inside the cuts from upper Trinity is privately owned in undevided sections. It's weird, but, the warden WILL side with the guys that have deeds.


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## aquafowlr (May 21, 2004)

I had a GW tell me flat out if you get out of the boat you are tresspassing!!! This was in oyster lake down by collegeport. B/c the lake is private property to. I found out later that it's a big money lease, and the GW is on the lease too!!!


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## bayourat (Jan 7, 2005)

A fed told me he would write my dog a ticket for tresspassing ..sad_smiles


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## aquafowlr (May 21, 2004)

I was told that too b-rat. In the bays if you touch dry land your tresspassing. If you see purple pipes just stay clear of the whole area.


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## CCRanch (Jul 8, 2006)

From jack's pocket to the bay is privately owned. It is all undivided, and you must own at least 2 acres. If you own 2 acres, you have access to all of the land. I own 3 acres and my dad had 70 acres. He started selling 2 acre tracts and word got sround and people came out of the woodwork wanting to buy it. I believe he sold all but 6 acres in a month. Anyway, if you know someone that owns a couple of acres, they can give you permission on paper, and you can hunt it. The people that have been there for a few years do think they own it, and will tell you that in no uncertain terms.


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## GDO (Jun 15, 2005)

Listen to CCRanch, Spout, and Oxx. I couldn't have explained it any better myself.


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## Levelwind (Apr 15, 2005)

bayourat said:


> A fed told me he would write my dog a ticket for tresspassing ..sad_smiles


Had one tell me that also, in Kansas. Told him to write away, dog's name's Ranger. He didn't.


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## rab ag (May 19, 2005)

And then there's the guys that put purple posts on the very edge of the bay even though there's 300 yds of natural salt marsh behind them. There's a spot on north Copano that became "private" last year, looked like they'd leveed up some cuts to the marsh & put up permanent blinds in the potholes.


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## TXDRAKE (Jun 24, 2004)

So whats to keep someone from taking whatever they want by going out and placing purple painted pvc pipes on whatever piece of land or water that they want? You had better have your maps with ya before you start telling me its your land or water. All my buds with owned and leased land in the Upper Trinity Bay Area marshes, all carry their lease papers and maps showing proof as to whats theirs and whats not. I have seen people being harrassed in the Jacks Pocket area for no good reason other than they were their and may have been close to some privately owned area. I have even witnessed a guide/lessor get mad enough that he put the front of his airboat up onto a blind that was in Public water and started to power up as two adults and two CHILDREN were trying to get out of the blind. Had it been me and my Children in that blind, he would have never it back to the boat ramp, I promise you that. People can get WAY STUPID about some of this stuff.


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## Levelwind (Apr 15, 2005)

TXDRAKE said:


> So whats to keep someone from taking whatever they want by going out and placing purple painted pvc pipes on whatever piece of land or water that they want?
> 
> Not much. There IS a law against it. It's probably never been enforced and probably never will be.
> 
> ...


All the internet hard arsing aside, I have been on both ends of this deal and have dealt with it for a long time on many seperate occassions. Here's my opinion for what it's worth.

1. Any land in any arm of the gulf of Mexico which is covered by the tide belongs to the State and is held in perpetuity for the people of the state. That's the statute. Case law SEEMS to have pretty well determined "covered by tides" to mean at or below the MEAN high tide line. This would EXCLUDE hundreds or thousands, maybe millions of acres which are covered by the bull tides of spring and fall, during storm events, etc. But PRETTY MUCH, if it's WET, you're legal to hunt it.

2. However, being legal doesn't mean you won't go to jail for it in Texas. Somehow, MOST coastal GW's and the few sherrifs dept personnel that know ANYTHING about it, reference the "vegetation line" which is totally without basis as far as I can tell either by statute or case law. But it is usually pretty obvious and using this rule of dumb cedes even MORE public land to the adjacent landowners.

3. Now as of a couple years ago, a new law was passed broadening trespass to hunting (but not fishing) over private land which is inundated during floods. 
This isn't really a great big deal. It really doesn't CHANGE anything on the coast. But the codification of the purple markings as a legal means to a. mark a boundary and b. serve notice to STAY OUT, same as a no trespassing sign, has opened up a NEW opportunity for landowners or their agents to bluff John Q. Public out of even MORE of his right to access.

OH, by the way, in case it comes up, a duck blind built where it is not illegal to build a duck blind (most bays) is PRIVATE PROPERTY and just because it is on a public bay does NOT mean you may use it, any more than you can spend the night in someones floating cabin or borrow a boat they left in public waters.


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## TXDRAKE (Jun 24, 2004)

Levelwind,

Never said I would leave him in the marsh and never said a jury would not convict me (although, thats a good attempt to turn my words around), but I do have the right to protect myself and children from some individual trying to harm myself and or my children, I would gladly call Law Enforcement officials after the incident and turn myself over to them at the scene and let a jury of my peers tell me it was wrong to protect myself and children from an individual trying to or attempting to run us over with an airboat and let then decide. So MAYBE, Jail is where I would be then, before I let my Children get harmed or killed by some dumbazz trying to prove a point. Sir, I will gladly stand and "take my licks" before seeing my children hurt or worse. Sir, You think I might be kidding or "internet hard arsing", well sir, you are sadley mistaken. Hope its not you, thats driving that airboat, trying to test that theory, sir!! 

Also, if I know I am on Public land or water and or on land that I have written documentation to be on and someone tells me to leave, they had better have their maps to prove me wrong or again I WILL go to jail, period and again let a jury of my peers judge me on trespassing. I also never stated anything about sueing anybody or any other "Heroic BS" (Again, another nice attempt to turn my words around), I'll let the courts decide, not you.

"OH, by the way", I think your completely wrong about those duck blinds. I'll leave it at that. Otherwise I enjoyed the rest of your post.


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## Levelwind (Apr 15, 2005)

TXDRAKE said:


> Levelwind,
> 
> Never said I would leave him in the marsh
> 
> ...


It's an interesting topic. Emotional to a lot of people.


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## jjtroutkiller (Jan 28, 2005)

Levelwind said:


> OH, by the way, in case it comes up, a duck blind built where it is not illegal to build a duck blind (most bays) is PRIVATE PROPERTY and just because it is on a public bay does NOT mean you may use it, any more than you can spend the night in someones floating cabin or borrow a boat they left in public waters.


You may not spend the night in someones floating cabin because they are permitted by the GLO, I beleive you are wrong about the duck blinds in public water's. The only blinds that I know of on public water's that are private are the permitted blinds in the Wallisville Project. In my opinion it is morally not legally wrong to hunt from anothers blind in coastal waters but if the birds are working the area I will sure as hell set up my boat blind right next to their duck blind. If what you stated was true about the duck blinds then I could take 50$ worth of scrap wood and drive it into the bay bottom on one of our popular reefs and claim it for myself. As far as TXDRAKE's comment about this turd not making it back to the boat ramp I cannot say that I would kill a person for that without being in that position but I can promise you that if my kid's are with me and the person pushes the issue that far then he can deal with the consequences, I have hunted the same area that TXDRAKE speaks of and it is because of this type behavior that I have seen before that I do not take my kids hunting around Trinity Bay on a weekend, it is a **** shame that because of some arse with a cabin on the river with an attitude that my kids do not get to hunt the area except during the Thanksgiving and Christmas holiday's.:hairout:


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## aquafowlr (May 21, 2004)

Man, I'm glad I don't hunt the upper coast. I've been hunting around AP and everyone knows how many blinds are in that area!!! I guess I've been lucky, I've meet nothing but nice folks down there. I don't hunt out of other peoples blinds. But I have set up next to a few. Maybe that's the difference. I did have one group of guys say sorry when they showed up to there blind and I was already set up near there. They even gave me a ride back in there airboat. I was in my yak. *ell the guide service on the shrimpers channel even took me out to a spot I wanted to go and picked me up later for free. Like I said, must be lucky.


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## Levelwind (Apr 15, 2005)

As I said, I was surprised to read that blinds on the bay are legally private property. I'd always more or less assumed that since they were on public waters they were first come first served, like the water. Remember, this was an article by a TPWD staffer (I think) and he didn't quote references or any trial law. Might not work out that way in front of a judge in any particular case. Regardless, you cannot (if I am around) use that fact to lay claim to a piece of water or public marsh. I won't hunt FROM your blind, but I will sit right beside it. 

For sure this does not apply to WMAs, some public lakes, Wallisville project, etc., which have formal written rules for blind building and use. 

Bay hunting can be awesome at times. There are still more helpful, friendly, decent people out there than the jerks, but as competition for the best spots increases the margin is narrowing. The situation is exacerbated by the taking of public access by landowners like HBR, and the "claiming" of prime spots by fly-by-night guides and outfitters who choose for financial reasons to put their customers in the middle of that mess and then act like they have special priveleges. Add a few low functioning, hotheaded ******** and it's only a matter of time before a shooting does occur. When that occurs expect the legislature to put significant restraints on the last area of freedom available to waterfowlers.


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## bayourat (Jan 7, 2005)

Levelwind said:


> As I said, I was surprised to read that blinds on the bay are legally private property.


Where did you read that? Blinds on public ARE public property and they are first come first serve. Thats why I never build a blind..... Why would I want to advertise a good spot for all the barney's to find?


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## Levelwind (Apr 15, 2005)

Texas Parks Magazine. A few years ago. I searched the archives and it's apparently too old to be available electronically. As I said, it may have just been some staffers opinion, but it makes some sense to me. 

It is legal to build a duck blind in many areas of the bay/marsh. Someone bought and paid for the timber, the hardware, brushed it, etc. Legally, I imagine it is private property. 

Do you think it would be legal to uproot it and move it to your lease? Is a boat or a cabin on the spoil bank "first come first serve"? 

Personally I think the guy's right. The water and the bottom the blind is on is public. The blind itself probably is private property. If there are no written rules (like in Wallisville, etc.) then it is legally placed private property like a squatters cabin.

I don't hunt out of them either.


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## bayourat (Jan 7, 2005)

So if I go build a blind on public NO ONE else can hunt/ use it? Who was to go with me to build blinds this weekend?? Thats like saying if I sink posts to tie my boat on at hannah's reef or any other popular spot, no one else can fish it.


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## dukslayr (Jul 13, 2006)

Levelwind,

I disagree with you on this one. If it is on a Public bay it is Public. If you dont want others hunting it, dont build it, or move it to a lease.


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## jjtroutkiller (Jan 28, 2005)

Levelwind said:


> It is legal to build a duck blind in many areas of the bay/marsh. Someone bought and paid for the timber, the hardware, brushed it, etc. Legally, I imagine it is private property.


You are correct on the first part of your statement but the blinds become public property once built, and as far as taking someone's boat you can if it is adrift in coastal waters and not anchored and then it becomes salvage rights. The part about the cabin we already covered as they are permitted structures with a fee that is paid through the GLO.


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## waterspout (May 21, 2004)

CCRanch said:


> From jack's pocket to the bay is privately owned. It is all undivided, and you must own at least 2 acres. If you own 2 acres, you have access to all of the land. I own 3 acres and my dad had 70 acres. He started selling 2 acre tracts and word got sround and people came out of the woodwork wanting to buy it. I believe he sold all but 6 acres in a month. Anyway, if you know someone that owns a couple of acres, they can give you permission on paper, and you can hunt it. The people that have been there for a few years do think they own it, and will tell you that in no uncertain terms.


yep,, A very good buddy has the place in the curve going toward the boat ramp at the fort. It's the big house on stilts you see when you round the first curve from the upper river ramp Next to Carl. We hunt it all. The Jacks Pass guys crack me up the way they dam up the pass so only air botes and jet can get in it. Matter a fact I have several buds out there with houses. I don't like hunting out there though. Unless I'm drift fishing Crazy with the 3 1/2" beside me.


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## Hogheaven (May 25, 2004)

Some how I knew this would come up... Always does right after a discussion of teal tags but before the discussion of them dang airboat guides.
Check the search feature on this forum for bay duck blinds and youll have many heated threads to follow.

Blinds built on public property are public- even a case about puting locks on them got the "owner" a hefty fine.

May want to check out salvage law as well--- before some one gets sent to prison for theft. Salvage is actually a very difficult process with no guarentees for recovery of funds.

Remember its getting close to hunting season, people are ancy, excited, and some even looking to rile.

Be safe and use respect.

2 cents from a dang airboat guide that operates in the Rockport/Aransas Pass area. LOL. I am Booking NOW. LOL.








http://www.tripleboutdoors.com/images/121006a.jpg


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## Capt. Sandbar (Jun 12, 2004)

It would make sense that everything (not permitted or leased) permanently built on public land is public property, and probably illegal.

I bet if a boater hit "your" blind and wants to sue, you would disown it quickly.


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## Levelwind (Apr 15, 2005)

bayourat said:


> So if I go build a blind on public NO ONE else can hunt/ use it?
> 
> The article didn't say that.
> 
> ...


The author of the article in fact did use the boat analogy if i remember correctly.

Y'all think what you want. I do not care, don't have a dog in the fight one way or another, like Just, I do not hunt build blinds on public lands and seldom hunt out of one. But then I rarely hunt on public lands. However, one of the places I hunt does border public waters and I do sometimes hunt public, so I've done a good deal of research.

I don't think anyone has ever been prosecuted for locking a blind. I think that's bs. I also do not believe you will find a statute anywhere in the Texas Code (I've looked) stating that putting blinds on public waters transfers ownership to the people of the State. I think the author of the article was going on the (probably correct) assumption that no such statutes exist, tradition, urban legends, and what joe the possum cop thinks not withstanding.

Licencing of a cabin by GLO has to do with it's right to exist in a particular location and only indirectly has anything with ownership. It does not establish ownership (it does record it) and if you decide to hook onto a $100,000 boat floating in the bay because it pulled up anchor and take it home with you per "salvage" you probably better check into that pretty carefully. There are criteria for candidates for salvage and I'm pretty sure being in distress is the main one.

No more for me on this. Too much on it already. But I'd sure be happy to read any factual (verifiable) info in the form of statutes, court cases, etc. It is an interesting area that is somewhat important to all coastal duck hunters.


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## FORD1 (May 15, 2007)

Along the lines of this thread I hunt on a lease, but have been invited several times to hunt matagorda (bay side-east beach-around 3mile cut ) .They say it's legal but have my doubts does anyone know if it is legal. Where and what can I deteremine if it's legal in case I want to go do down there by myself .And no I wouldn't be getting in anyone elses blinds .


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## Levelwind (Apr 15, 2005)

Ford it's really difficult in some cases since there is no concise repository for all the laws you might nudge up against. But here's the bottom line. If the property is not marked (watch for purple) and it's tidal (covered by a normal tide, not just during hurricanes) you're probably safe to hunt it. If you are not in the water or on a bare oyster reef or tidal flat and you are asked to leave, it's probably a good idea to do so. 

If you are on DRY LAND, you may well be trespassing. That's when you have to be careful. If you're talking about driving down the beachfront, that was legal the last I checked but it's considered a public road - that's how they keep four wheelers off the beach - has to be a licensed vehicle and 4wd is pretty handy if it isn't low tide coming and going.


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## FORD1 (May 15, 2007)

I was talking about driving down the beachfront yes 4wd truck and beach tagged . Cutting across the dunes(at the cut thru) and driving to the bayside and from what they told me it's on the bay banks but on the waters edge. They told me there is no purple.I was going to go down there and check it out before season, just to make sure and see for myself. Just wanting another person's advice before riding down there and hunting with the (experts)


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## Levelwind (Apr 15, 2005)

FORD1 said:


> I was talking about driving down the beachfront yes 4wd truck and beach tagged . Cutting across the dunes(at the cut thru) and driving to the bayside and from what they told me it's on the bay banks but on the waters edge. They told me there is no purple.I was going to go down there and check it out before season, just to make sure and see for myself. Just wanting another person's advice before riding down there and hunting with the (experts)


People have hunted there for years, and it's still good at times. I hunted it about 10 years ago out of the old driftwood blind, probably still there. I'm pretty sure the land is private so be polite, take a trash bag for your trash and the last guy who was a pig, don't drive off the trail and have a good shoot. Quite a few landowners are real decent folks and we need to make sure we leave no tracks when they abide us crossing their property.

Unlike HBR.


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## FORD1 (May 15, 2007)

thank you for the help.....

you would never even know I was there !!other than maybe a little duck blood


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## triple f (Aug 23, 2005)

Levelwind said:


> Unlike HBR.


Way outta line man!!!!

What's up your butt with HBR? I just don't get it?


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## DBA (Jun 22, 2006)

Everyone keeps talkin about blinds being private or public property on public waters. Of course they are public. How can you prove you built it. So one guy tells the guy who is in the blind"hey you need to leave I built this. It's mine". While the guy in the blind replies" no I built it" What are you going to carry a photo album with you to show you building it. Don't build,don't hunt it. Doesn't matter to me anyways I have aboat blind. Just my two cents and a nickel


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## GDO (Jun 15, 2005)

OK guys, I didn't find anything about whether or not a blind in public waters is private property or not, but what I did find is this. I suggest that anyone that believes that a blind in public waters is considered private if they built it should check it out thoroughly because if they are wrong and they harrass a fellow hunter then it looks like a class B misdemeanor. 

With that said, I am 99% sure that a blind erected in the public waters of our bays is considered public property and anyone can hunt it. First come first serve basis here guys!

My suggestion is if you have a problem then call the GW and let him make the call.

§ 62.0125. HARASSMENT OF HUNTERS, TRAPPERS, AND 
FISHERMEN. (a) This section may be cited as the Sportsman's Rights 
Act.
(b) In this section: 
(1) "Wildlife" means all species of wild mammals, 
birds, fish, reptiles, or amphibians.
(2) "Process of hunting or catching" means any act 
directed at the lawful hunting or catching of wildlife, including 
camping or other acts preparatory to hunting or catching of 
wildlife that occur on land or water on which the affected person 
has the right or privilege of hunting or catching that wildlife.
(c) No person may intentionally interfere with another 
person lawfully engaged in the process of hunting or catching 
wildlife.
(d) No person may intentionally harass, drive, or disturb 
any wildlife for the purpose of disrupting a person lawfully 
engaged in the process of hunting or catching wildlife.
(e) No person may enter or remain on public land or enter or 
remain on private land without the landowner's or his agent's 
consent if the person intends to disrupt another person lawfully 
engaged in the process of hunting or catching wildlife.
(f) This section does not apply to a peace officer of this 
state, a law enforcement officer of the United States, a member of 
the armed forces of the United States or of this state, or employees 
of the department or other state or federal agencies having 
statutory responsibility to manage wildlife or land during the time 
that the officer, member, or employee is in the actual discharge of 
official duties.
(g) A person who violates this section commits an offense. 
An offense under this section is a Class B misdemeanor.
(h) It is an affirmative defense to prosecution that the 
defendant's conduct is protected by the right to freedom of speech 
under the constitution of this state or the United States.

Added by Acts 1985, 69th Leg., ch. 731, § 1, eff. Aug. 26, 1985. 
Amended by Acts 1993, 73rd Leg., ch. 700, § 1, eff. Sept. 11, 
1993.


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## 4thbreak (May 20, 2005)

Levelwind, if what you say about public blinds is true, whats stopping someone from building so many blinds that they totally control a large chunk of public property? Blinds will always be public property, the person building the blind would be a lot better off just accepting it before they build it. The guy in your article was probably pizzed because he didnt know that.


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## aquafowlr (May 21, 2004)

Hey Hogheaven, just watch out for the guy in the camo kayak with the little white light on the back. LOL Man those boats scare the "H" out of me in the mornings. I think they call us yakers AP speed bumps!! See ya on the flats soon!!! aquafowler


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## thrdcst (Oct 30, 2005)

Oyster Lake and other areas that are privatly owned but have salt water access are accessably by boat but the ground under them is privatly owned.Oyster Lake was a fresh water impoundment until the ICW opened it to salt water.The land on the BAys ide of the ICW is also private property.


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## MouletteRouge (Aug 11, 2004)

I have no experience hunting or setting up blinds on public waters or marsh, so I guess my thoughts are kinda limited, and from the view of a weekend warrior hunter and concerned tax payer, yet I am neither since moving to LA, but here are my thoughts anyway... I always heard and thought that if a blind is sitting on public land, then it is public domain...But I also know that if a commercial crabber, or even a recreational fisherman places a crab trap on the bay or marsh floor, that is still his trap, even though it is in a public area... Can anyone go use these traps, I think not... I thought there was a penalty for even moving these things if they are tagged properly... So on that note...maybe get a commercial crabbing license, or just tag you some crab traps, and build a platform blind on top of a few traps... Would this now make it illegal for anyone to hunt or disturb "your" blind?...But on the other hand, can someone hop in your flats skiff if your powerpole is down while you are 100 yards down the flat making a wade, and then proceed to go chase some birds out in the bay?...Don't think this would fly in any court... Or what if someone, God forbid, accidently injures themselves or others in "your" blind...Or if a boat hits one of your blinds... Who is liable... Do you have to put up a disclaimer warning others of the hazards involved with waterfowl hunting?... Since I have been relocated to LA I don't even attempt to go hunting on any questionably public land...Over here it is legal to post navigable, tidal waterways, and even crazier things such as the "White's Lake Debacle..." go on all the time... I'll quit rambling, and yeah, the remark about building a blind on crab traps is a little far fetched, but if some of you guys out there do try it and it works for you, let me know...


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## bayourat (Jan 7, 2005)

MouletteRouge said:


> I have no experience hunting or setting up blinds on public waters or marsh, so I guess my thoughts are kinda limited, and from the view of a *weekend warrior hunter*.


And you can tell from your statement. Crabtraps are PERMITTED while blinds are not.


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## OxbowOutfitters (Feb 17, 2006)

Every season someone goes off & starts the pizz'n contest about public or private waters.
after the stuff Ive seen go on..I went Private before someone got hurt..
Its like trollin for Barneys..It gets old after the 100 post on it..hwell: 

Oxx..:rotfl:


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## bayourat (Jan 7, 2005)

OxbowOutfitters said:


> Every season someone goes off & starts the pizz'n contest about public or private waters.
> after the stuff Ive seen go on..I went Private before someone got hurt..
> Its like trollin for Barneys..It gets old after the 100 post on it..hwell:
> 
> Oxx..:rotfl:


What's the best lure to use for barney's?

teal tags, bird flu, or private turned public?


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## Levelwind (Apr 15, 2005)

triple f said:


> Way outta line man!!!!
> 
> What's up your butt with HBR? I just don't get it?


I believe that they intimidate people and run non members off public lands surrounding their property.

I also believe they have an agreement with off duty (sometimes on duty) TPWD personnel to assist them in that effort.

For instance, the TPWD code the lady quoted in your first post specifically EXCLUDES fishing over submerged private lands but although she really wasn't that specific, her tone and attitude led me to believe she was threatening fishermen with that provision.

These are my opinions, and as such, I think they're correct. Whether that's from ignorance of the law or design. HBR is not unique, it happens all up and down the coast.

It's not personal against you or any other member. I have known a lot of good guys who hunted there and some who still do and bear them no ill will.

Bottom line is that unless the mean high tide line (NOT the same as the vegetation line) has been surveyed and established, there's a tendency by landowners to claim everything to the waters edge, and the recent "purple pole" legislation, sympathetic game wardens and JPs, etc., are all loaded toward the landowners and against the general public.

Oh, by the way, I don't like bald faced trespassers, either, and have run off quite a few. Right is right and wrong is wrong.


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## dedduk (Jun 18, 2007)

The fires at night, are big and bright



out in the bays of Texas!


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## Sea Aggie (Jul 18, 2005)

The problem with blinds or any other structure on public property is a taking issue. You put a structure on a piece of public property, regardless of the size, it becomes public unless otherwise permitted by the agency managing said public property. 

It's no different than a squatter building a cabin on my property in Dayton. The difference being that if I don't catch him in a timely manner and he meets certain criteria, he can become the new owner of what had once been my land, whereas public land remains public. By placing the structure on public land, you must realize that it has to be public or else you are litterally taking the public's right to use the very land it's built on.


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## Levelwind (Apr 15, 2005)

Sea Aggie said:


> The problem with blinds or any other structure on public property is a taking issue. You put a structure on a piece of public property, regardless of the size, it becomes public unless otherwise permitted by the agency managing said public property.


Good argument, no statutory support. I put my decoy spread out on top of a
reef or a grass flat you want to fish. I have effectively taken that spot from the public domain. My decoys do not become public property.

What you say is logical, Sea Aggie. I'd like to see any statute that supports it. I just don't think there is any - because I have looked. Doesn't mean I haven't overlooked something.

I believe your argument would hold in civil court - on a case basis, depending upon the size and the permanence of the structure. It may well have been (don't know) a "taking" lawsuit which caused spoil bank and floating cabins to be licensed and a moratorium against new construction issued. But I bet a GW just didn't go out and make it happen and reference a statute in his ticket book.


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## OxbowOutfitters (Feb 17, 2006)

LMAO//tooo funny..& true..
Reddot me & Im Postal..hwell: 
Oxx..



dedduk said:


> The fires at night, are big and bright
> 
> out in the bays of Texas!


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## aquafowlr (May 21, 2004)

Trdcoast, sounds like you have been there. I got the exact speech from the GW down there. I was also told as long as you do not get out of the boat you are legal. The next weekend I went and bought a kayak. It's a blast pass shooting geese and cranes from the water. You just have to place your shots so the birds fall in the water.


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## drake1 (Mar 7, 2007)

*NO Blind Needed*

No blind needed in Trinity Bay just find where they want to be out in the Bay itself.


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