Ok so the way I understand the law is that you can hunt all public rivers and bayous as long as you can access it by boat and not hunt off the bank. I assume that you must be outside of city limits also. My question is what about leases? I know of a few in my area that you can easily access by a major river, but is there a boundary line where you can't go into the lease to hunt? If so, is there a marker stating the boundary? How would I be able to find out if a certain area or slough off a river is part of a lease or not?

I have sent an email to Texas Parks and Wildlife, but have yet to hear a response. I am wanting to do a little evening shooting before this season is over. Thanks for any help.

Man that is a touchy situation, I think I remember a thread not too long ago that had some good info and links on the subject but I can't really remember. I will try and find it for you.

Best thing you can do is call the gw and tell them where you want to go.... LIke Brett said its a touchy situation on access points etc..

It's in the public hunting link stickied at the top of the forum. TPWD has it all online. The legalities are extensive depending on where it is, so there is no easy answer to your question. The best thing to do is research each specific location your interested in hunting to determine what you can and can't do there.

http://www.tpwd.state.tx.us/publications/nonpwdpubs/water_issues/rivers/navigation/

I know in my area you can hunt where you can get by boat but you must stay in the boat once you get there. I have talked to 2 different GW's in the area and both of them have differing opinions on what is legal and what is not legal. One says the minute you step foot out of the boat you are trespassing and the other one says if the blind is in the water it is public property. I don't hunt up there anymore cause I would rather it not come down to the judgement call of the GW to determine if I get a large ticket or not.

If I were you I would call the GW like suggested and talk about the specific area you are talking about. I would probably also tell him when you are going out there just in case the GW gets called on you. He might remember your phone conversation and make it a better situation.

Good luck.

Though it comes into play with the border of any public hunting land, it is especially important to note with hunting a river. Is the law regarding your shot crossing a property line. It can make hunting a river difficult.

http://law.onecle.com/texas/parks/62.0121.00.html

As well tresspass vs wanton waste can make hunting some of the smaller rivers difficult. If your game animal falls onto private property, it is trespassing for the shooter or even the shooters dog to retrieve it. But to leave it falls into the wanton waste portion of another regulation.

Thanks for all the feedback and links. So I guess I need to call instead of email. Can the GW give me access points or tell me certain areas available to hunt? I would hate to have to call and ask about EVERY stream I go down!

I have been wondering about this also. Can you keep us informed on the GW's answer?

I think once you ask him about one stream it will be a fair to say that will apply to just about anywhere you go. But I would make sure I was VERY specific when I was talking to him. They are very knowledgeable and he should be able to help you out.

Keep us posted on what he says. I know a bunch of guys are always wondering about this kind of stuff.

For all you mud boat guys jumping beaver runs and logs thinking your on public property..I have won two cases at the court. Don't be next..Sec. 62.0061. HUNTING ON OR OVER CERTAIN SUBMERGED LAND. (a) Except as provided by Subsection (b), a person may not hunt or take any wild animal or wild bird when the person is on or over privately owned land that is:

(1) submerged under:

(A) public fresh water due to seasonal or occasional innundation; or

(B) public salt water and located above the mean high tide line of the Gulf of Mexico and its bays and estuaries; and

(2) conspicuously marked as privately owned by a sign or signs that are substantially similar to the following:

POSTED. PRIVATE PROPERTY. NO HUNTING.

Just a fair warning to the Barneys that don't realize the law changed in 2005. This applies to lakes and streams.

Thanks. I was looking for the online reference to that one before you posted it. Like the one about shooting across property lines, it's an important one. What I find odd with this law though is that it does not apply to fishing. It specifically targeted hunters when it was passed.

http://codes.lp.findlaw.com/txstatutes/PW/5/B/62/A/62.0061

Federal law supersedes state law. It's up to you to decide if you have deep enough pockets to fight it.

Exactly... in my mind it is not worth the hassle to go through it unless you are 100% positive you are in the right. Only way I would feel comfortable is talking with the GW.

Thanks again for all the info. So would a beaver dam be considered land that floods in the above examples? I feel like I have a pretty good understanding, still going to give the GW a call.

Just got an email back from TPWD:

"The public waterway must be navigable 30ft from the mouth inward and
accessible by a boat.

You may not allow any shot to go beyond the banks of the stream or river
(cross boundary line/property line)
Restricted Methods
It is unlawful for any person, while hunting or engaging in recreational
shooting, to knowingly discharge a firearm in such a fashion as to cause
a projectile to cross a property line, unless the person owns the
property on both sides of the property line or has obtained written
permission from the owner of any land crossed by the projectile.

If you down a bird and it fell onto private property outside the river
bank or stream, you may not retrieve it even with a retrieving dog
unless you had landowner permission, otherwise, it would be trespassing.

Retrieval of Game: No person may pursue a wounded wildlife resource
across a property line without the consent of landowner of the property
where the wildlife resource has fled. Under the trespass provisions of
the Penal Code, a person on a property without the permission of the
landowner is subject to arrest."



So pretty much the same information from the links provided. I gave a follow up question regarding the wanton waste discussion as it pertains to trespassing laws.

There is some key wording I highlighted when researching this.
"marked boundaries"

Anybody wanting to file criminal trespass on you will have to prove you crossed a marked boundary.

If there is no fence, sign, painted tree etc. You will first get a written warning from the GW.

Basically if I am way out in the middle of some bottoms no sign that the land owner deer hunts, or duck hunts along the river, no marked boundaries I would hunt the river itself makign my best attempt to shoot up and down the river bed, not let any ducks excape the river bed etc. If I feel that the adjacent land owner does deer hunt or duck hunt teh adjancent property I will likely just leave it alone. because if they want to give you crap they will.

There was a really good article (i will have to find it) but the basics were:

The King Ranch in south TX borders the gulf coast and is affected by tidal water. People were using boats at high tide to enter within the boundaries of the property and shooting their trophy deer from the boat claiming the deer were within the tidal zone. The game warden in the area was allowing people to do this and get away with it. King ranch took them to court and the court ruled in the hunters favor saying they were within legal means using the areas affected by tidal water within the King Ranch.

After the ruling the King Ranch went back and sued the state of Texas for the taxes they have been paying on the tidal water affected land for the last 100 years or so. They were seeking multi-multi millions of dollars for unwarranted taxes they paid.

The state of TX propmtly came back and said...you can no longer use tidal water to shoot deer off the King Ranch.

(i don't know if these are 100% facts but thats the basics of what happened)

Got another response from the wanton waste question:

Question asked: If I shoot a duck and it sails into private property, is it considered wanton waste since I am not trying to recover it?

GW answer: No, but you must take all precautions of this not to happen and you must make it part of your daily bag limit.


So not considered wanton waste, but it is part of your daily bag limit. I would imagine that if a GW is watching you and watches you shoot ducks that there would obviously be no chance to recover he could give you a wanton waste ticket.

A lot of it is going to be up to the GWs discretion. I'd call the one in your area, and see what he has to say!

"TEX PW. CODE ANN. § 62.0061 : Texas Statutes - Section 62.0061: HUNTING ON OR OVER CERTAIN SUBMERGED LAND:

(a) Except as provided by Subsection (b), a person may not hunt or take any wild animal or wild bird when the person is on or over privately owned land that is:

(1) submerged under:

(A) public fresh water due to seasonal or occasional innundation; or

(B) public salt water and located above the mean high tide line of the Gulf of Mexico and its bays and estuaries; and"



Wouldn't (B) apply to the ranch then? Unless the area in question is below the mean high tide line?

Yes and I think that was put into place because of the King Ranch ruling

Just registered to forum. Hope this finds you well. The TPW law book is more precise and corresponds with state law: A navigable river is an AVERAGE of 30ft wide from its mouth to location and DOES NOT HAVE TO HAVE WATER IN IT AT ANY TIME. Good luck

(b) This section does not apply to:

(B) the gradient boundaries of a navigable river or stream in this state; or

(4) land that is:

(A) submerged by public water; and

(B) located below the mean high tide line of the Gulf of Mexico and its bays and estuaries.

The owners rights of exclusivity end at the first bank (first drop off at the top) of a publicly owned "navigable" (on average 30ft. wide) from the mouth to where you are. You can even go onto private property to scout if it is necessary to figure out where you are going, but it is to be limited. Nothing really change in 05, it was just made clearer. Barneys need to read the whole law.

This does not apply to rivers and streams. You may have a deed showing ownership to the middle of the river just as you may own to the center of the road. But you do not have control over it's use just as you don't have control over the use of a road. "navigable" rivers are protected public land by our state constitution and are only amendable by the state legislature. Even the 2012 game book lists 6 or 7 rivers that are not legal to hunt, that leaves the rest that are.