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what's the law on this?

Discussion in 'The Lounge' started by mojo, Aug 30, 2004.

  1. I was supposed to be tournament fishing this last weekend but it got cancelled, so we decided to mess around in the erie shoreline and went to this marina i know of that has some awesome bass in it. right after we entered past the breakwall the owner came out and told us he didn't want us fishing in there because his charter boat captains weren't that good at manuevering (why are they piloting a boat then?) and he didn't want us by his boat. we told him we were on water and not anchored etc. so we can go wherever we want but then he went on to say that is was a navigtional channel so that didn't apply and fishing is not allowed in navigational channels. he started telling us other places to fish and instead of argueing we just left since it wasn't a tournament. i know you aren't allowed to impede traffic in nav channels but the charter boats already left for the day and it was raining so no one was out on their boats. this marina is awesome and would produce some nice 3 lber limts. when this tournament gets rescheduled are we ok to fish there no matter what he says or was he correct. How would you guys have handled this?
     
  2. Check with a Game Warden and maintain his answer as well as the day you contacted him. Pass that info on to the owner of the marina. There was a similar problem encountered last year in the State Marina off Catawba. Cannot remember what the outcome was.
     

  3. Your best bet would be to check with the state on it.
    Becarefull. When I moved here I checked into water way rights. Most states have laws that allow you or your boat to be in water that is moving not just navigable. Ohio has the same law that as long as you do not step out onto the bank you are ok. The problem is that most game wardens and land owners do not know this. The same goes to lakes. Docks are the difference. Even though they can not "rope off a cove" they can forbide you from fishing their docks. This is as long it is not a private lake or pond.
    Again, best bet is to check with the state.
     
  4. katfish

    katfish Cats are where it's at!

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    You may have the right to be in a navigation channel.

    I would never argue that point with a barge captain on the Ohio river cause you WILL NOT WIN :eek:

    In any case if State officials uphold your right to fish the channel, it might be wise to get it in writing or urge them to inform the marina owner it is unlawful to harrass sportsman for any reason (especially their own monetary gain)

    I feel like this guy may have been over reaching his own self importance and trying to bluff you. If he truly felt he was legal I am fairly sure he would have dialed the phone instead of coming out in the rain and hollering ;)


    When in doubt
    Check it out!
     
  5. Lewzer

    Lewzer Powderfinger

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    As long as you are not interfering with navigation you are A OK.

    We had the same issue with the AEP Cardinal power plant on the Ohio River. We have it in writing that we are allowed to be in their hot water discharge as long as we are not interfering with the operation of the plant and the barges.
    Stick to your guns, talk to the Coast Guard and get it in writing. THEY are the final authority on federal navigable waterways, not some private marina owner or a corporation.
    Just make sure you do it politely.
     
  6. There are a few new laws regarding this matter initiated when the "patriot act" was signed, but most of them pertain to power plants, lochs and dams....If you are on a public body of water...you can fish it anywhere from a boat. I'd check with the corp of engineers for specific details, the dnr officers are under educated when it comes to federal laws.
     
  7. As long as you're in your boat,and not tied off on anything on his property,you were in the right.As far as the one guy who said that you can't fish private docks,that's wrong.On public waters,you can legally fish anywhere provided that again-you're in your boat.I've personally had several marina and dock owners threaten me with legal action inferring that I'm trespassing on their property.I respectfully inform them that if they feel like calling the law,I'll wait around and fish until they arrive.So far,none has bothered to call,because I'm sure that they have been down that road before and the authorities have informed them that they don't own the water! I even had one marina owner tell me that while he doesn't own the water,he does own the bottom.I guess he felt that since I was anchored at the time and casting jigs around a certain dock,he considered the bottom of the lake was his property-sorry.
     
  8. River Walker was right about they do not own the water. Here is the catch, if and when you snag this dock or any thing tied to the dock, (boat, brush, tires) then you are considered to be trespassing. The top inch or two of a lake or stream bottom are not owned but considered to be public domain. This is why Ohio has a law that allows you to stand in a stream or river and fish as long as you do not step out onto the bank. Still contact the people that can give you the correct answer in writting.
    Thanks riverwalker for correcting me.
    have a good hookset.
     
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