Can I legally Fish the Kish?

[jcarroll]

Last weekend I was disappointed not to be able to attend the Kish Wade on Saturday so I did the next best thing….got my son and a buddy and decided to float the South Branch of the Kish on Sunday. We floated the river between Oak Ridge FP and Deer Run FP. Along the way we found a nice little hole and pulled a few fish from it. As we were wrapping up, a guy came to the shore line and asked us to move along as he owned the land on both sides of the river. Having already pulled what we though we could from the area, we obliged without incident. However, this got me to thinking….. was I doing anything wrong? Did he really own the river because he owned the land on both sides? I was always under the impression that if you could float it, you could fish it.

What I found surprised me. I’m throwing this out there to see if anyone has any different information as some of what I found is old material from the Depaul Law Review. https://via.library.depaul.edu/cgi/viewcontent.cgi?referer=https://www.bing.com/&httpsredir=1&article=2408&context=law-review

 Can’t see to find if the laws have changed in 20 years or not.

1.      First if the waterway is navigable for commerce it falls under Federal Law and is fine for public use. Illinois Navigable waterways are listed on the ILDNR website.  https://www.dnr.illinois.gov/WaterResources/Pages/PublicWaters.aspx

2.      The Kish and its branches are not listed; therefore, it is not considered a public waterway (navigable) for the purposes of public usage.

3.      Public use right then boils down to bed ownership and riparian ownership.

a.      A Riparian Owner owns the land abutting the river and gives him access rights to use the waterway (and its water).

b.      A bed owner owns the bed of the river and can limit access and use of the river. In Illinois infinite wisdom, they have granted land owners bed ownership as well. Private bed ownership severely limits the publics right to use the river or stream.

It appears to me that the rub is found deep in the Riparian Ownership rights. Certainly, where a FP district owns the land adjacent to the river it is fair game for the public. But how far down the river do the FP rights extend? This is probably a very oversimplified overview of the law but it begs the question “Next weekend can I legally Fish the Kish?”

[Terry Dodge]

I don't much care for that guy, and I never pay much attention to him.  

What's he gonna do?

Those cement chunks never really produce much anyway.

As long as you were all in your kayaks there's nothing he can say.

And yes he does own both sides.

 

 

[mannym]

This topic is one that has been an issue with me since I was yelled at for fishing a section of a smaller stream. The state isn't very good about offering access to bodies of water they manage and protect. So basically, funds are being used to manage private waters for land owners only.  If land owners want to own the waters, I feel they should pay taxes to protect what they claim to own.  If they do not want to pay up, then leave it for public access. 

Just copy Wisconsin's waterway rules and this state would see more people come to vacation here than everyone heading up to MI, WI, MN. 

 

 

[Mark K]

3 hours ago, mannym said:

This topic is one that has been an issue with me since I was yelled at for fishing a section of a smaller stream. The state isn't very good about offering access to bodies of water they manage and protect. So basically, funds are being used to manage private waters for land owners only.  If land owners want to own the waters, I feel they should pay taxes to protect what they claim to own.  If they do not want to pay up, then leave it for public access. 

Just copy Wisconsin's waterway rules and this state would see more people come to vacation here than everyone heading up to MI, WI, MN. 

 

 

Pretty much.

[Mark K]

see comments I made in this thread.  I called a conservation cop with regards to the Mazon.  The cop told me you can be charged with "criminal trespassing".  If I remember right he used the term "felony" also.

I believe, if you are in a kayak or on foot it does not matter.  You are still trespassing.

 

http://illinoissmallmouthalliance.net/forums/topic/14290-mazon-river/?tab=comments#comment-101302

[Terry Dodge]

Winnebago Forest Preserve had the Kish designated as a

navigatable water way in the county.

[Mark K]

4 minutes ago, Terry Dodge said:

Winnebago Forest Preserve had the Kish designated as a

navigatable water way in the county.

Then you are good..

I would call the conservation cop for the area if there is a question.

[Paul Trybul]

We have breached this subject a few times. The laws in IL are pretty outdated. You can debate there are Federal laws that provide access to any river that can be floated. In IL however you might need a lawyer to have that debate for you. The Kish supports a Canoe outfitter so if there were trespassing problems they would have a tough time running a business.

[jcarroll]

Thanks for all the feedback. I guess the word to the wise is be careful out there and don't stir anything up if you are asked to leave an area.  

[Forrest Miller]

Sometimes playing ignorant and being apologetic is the best option.  Oh I am sorry sir. My apologies sir. I hope you have a blessed day sir. If being charming doesn't work, always make sure you are packing in case things hit the fan! Ignore that last part.... I am jut an old hillbilly from KY.