the Wisconsin trapping regs say that the beds of navigable waters are considered private and you must get permission to trap them. If I get permission from a land owner on one side of a creek, can I trap the section of creek along that property from bank to bank or do I have to get permission from the land owner across the creek?
Now there's something you should know about Wisconsin's navigable stream rules
if you intend to trap from bank to bank. Not sure exactly what you mean by that, but let's cover the bases here.
A navigable stream in Wisconsin is defined as:
Generally, a waterway with defined bed and banks, an OHWM, and evidence of enough water present on a recurring basis to support navigation by the smallest recreational craft it is considered navigable.So that little five-foot wide stream that meanders through a marsh, dries up occasionally but every spring has enough water in it to float a canoe is a navigable stream.
Now, if you intend on trapping that stream from bank to bank, you need to understand how you may use the different traps that could be set from bank to bank, on the bottom. The issue here is
impeding navigation. It is illegal to impede navigation on navigable streams here in Wisconsin.
30.15 Penalty for unlawful obstruction of navigable waters. (1) Obstructions penalized. Any person who does any of the following shall forfeit not less than $10 nor more than $500 for each offense: (a) Unlawfully obstructs any navigable waters and thereby impairs the free navigation thereof.As I understand it, as explained to me years ago by certain individuals who apparently know such things,
here are the "rules." And we're talking about bodygrips and colony traps here. I'm not sure what else you'd want to set from bank to bank, but let's talk about these two different traps. Again, this is how it was explained to me after a trapper was apparently ticketed for impeding navigation, years ago. Does the following apply today? I'm not sure, but these are the rules I go by.
It is legal . . . to string a line of bodygrip traps from one bank to the other. They can be touching each other. They can be straight across. They can be staggered.
It is also legal . . . to string a line of bodygrip traps and colony traps, alternating them as you please, so long as there is at least one bodygrip trap in this line of traps. Also . . if you have two colony traps side by side, for heaven's sake make sure they are the same length and they are side by side exactly, front and backs lining up. Meaning one is not further out than the other, for that might be interpreted as creating an underwater obstruction forcing or channeling an animal into one of the colony traps.
It is illegal . . . to string a line of colony traps across the bottom of a stream, for that is perceived as impeding navigation. Don't ask, I have no idea. The stream could be six feet deep, it's still impeding navigation. And, again, any two colony traps side by side must not cause an animal to be channeled into the other.
Now, realistically, there is no good reason to string traps across the bottom of a stream from bank to bank. You can look at the bottom of a shallow stream and determine where the beaver, mink, muskrat, and or otter are traveling. If it's too deep to determine that, go with the bottom edge sets.
It comes down to understanding the rules of the game. There will come a day, hopefully before I die, that we clean up these colony trap restrictions we've been burdened with ever since the trap itself became legal. There's enough vagueness there for most any trapper to get stung without even trying.
Want examples: You set a colony trap up legal and debris comes downstream and wedges sticks on either side of the opening of the trap. Could these sticks be interpreted as the trapper creating obstructions? Anyone who's used colony traps long enough know darned well they self-bait. You'll find fish in 'em, crawdads, frogs, etc. You catch a mink and someone checks your trap before you get there. Who baited the trap? Not saying these situations will be interpreted this way, but if a fella can get ticketed for impeding navigation with a string of colony traps on the bottom of a stream I'm thinking anything's possible.
So don't let all this keep you from being creative out there. Just be aware of the rules and abide by them. I love my colony traps. It's like Christmas twice a week all winter long.