Lake Survey Question

[Fish2much51]

Hey everyone I have been trying to find out the answer to this question. I have even got mixed answer from the DNR... Does anyone know what the rules are for fishing surveyed lakes? If the DNR does a Survey on it does that mean you can fish it as long as you enter the lake from a public access point or carry your boat in from public property? Basically what i am asking is does the DNR only do surveys on public lakes and if they do a survey on the lake are we allowed to fish it? As long as i can find a Lake Survey on the DNR Lake finder HSOforum am I allowed to fish it as long as i do not trespass.

[the man]

I'm pretty sure you can fish any lake as long as you access it from public property or you have to get permission on private property to fish it.

[merkman]

Here are some portions of a Q&A published by the MnDNR

Quote:

Who owns the bed of a lake, marsh, or watercourse?

When a waterbasin or watercourse is navigable under the federal test, the State of Minnesota owns the bed below the natural ordinary low water level [see Minnesota Statute 84-032; Lamprey v. State, 52 Minn. 1981, 53 N.W. 1139 (1983) and United States v. Holt State Bank, 270 U.S. 49 (1926)]. The federal test used for navigability is “when they are used, or are susceptible of being used, in their natural and ordinary condition, as highways for commerce, over which trade or travel are or may be conducted.” [see State v. Longyear Holding Co., 224 Minn. 451, 29 N.W. 2d 657 (1947).] If a court has found that a lake is non-navigable and meandered, the shoreland owners own the bed of the lake in severalty. [see Schmidt v. Marschel, 211 Minn. 543, 2d 121 (1942).] If a stream is non-navigable but has been meandered, the shoreland owners own to the thread (centerline) of the stream. If a lake or stream is non-navigable and not meandered, ownership of the bed is as indicated on individual property deeds.

What is considered trespassing when the public seeks access to a water body?

The belief that the state owns a strip of land around all Minnesota lakes for public use is false. Riparian property (property abutting a lake, river, or wetland) is either privately or publicly owned. The general public can access water bodies or watercourses via public property, but not through private property. Individuals entering private property without permission from the landowner are trespassing and may be prosecuted under the state trespass laws. It is illegal to trespass on private property in order to gain access to a water body or watercourse without first obtaining the verbal or written permission from a landowner. A person who has legally gained access to a water body may use its entire surface for recreation, such as boating, swimming, or fishing. Using the underlying bed of the lake or river, if access was gained legally, is called “incidental use”; the use of the bed or bottom is incidental to the water body’s primary use. Examples include poling or anchoring a boat, wading on the bed to swim or fish, and anchoring decoys or traps.

http://files.dnr.state.mn.us/waters/watermgmt_section/pwpermits/water_law_questions_and_answers.pdf

If you have a helicopter you are good to go!!!

[Fish2much51]

Thank you very much...