State anglers must know how to access these opportunities in an acceptable and legal manner. Trespass laws have changed, and stream anglers, more than anyone, should know just exactly what they can and can t do while fishing. Navigability Navigability determines whether a water is public or private.
Navigable streams are public waters.
Because navigable waters are public, they may be used for fishing, provided public access is available, or you have permission of the land owner to cross their property to reach the water. Now a new law allows anglers in a navigable stream to fish while standing in the stream or on the exposed banks, up to the ordinary highwater mark. The ordinary high water mark is defined as the point on the bank or shore up to which the water, by its presence, leaves a distinct mark on the bank or shore. The mark may be indicated by erosion, destruction of or change in vegetation or other easily recognizable characteristics.