No Fishing Marina's

[DSPCHAMY]

I know there was a lot of talk about this a year or two ago. I was at nolin fishing and a marina operator has placed no fishing bouys out. He came down and started yelling at me for fishing the shore inside the bouys and said he would write down my boat id and give it to the water patrol. I thought this went to the Kentucky supreme court a couple years ago, and it was determined that if it is a natural harbor it is fair game, but if its man made then they have the right to restrict fishing, and if I remember correctly man made means they owned the land dredged it out and flooded their private land to create the marina/harbor.

Am I right or am I smoking the sticky icky?

Please let me know if I am right or not.

Thanks,
Jeff

[MsgMills]

Which Marina was it?

[DSPCHAMY]

don't want to name the marina, but lets just say its on the lake not the river

[CTFSHWHISKER]

if by chance you are speaking of ponderosa you should be able to fish up to the point behind the gas pumps,from there in there is lines,gas electric or something so he can keep you from fishin up in there but they are wanting to keep us out all together.Someone is going to have to get some concrete laws on this,the guy at wax told me back in the summer as long as you didn't fish around docked boats or lines and be in the way of his customers going in and out he didn't have a problem with it.who really knows?

[zx150]

DSP you are correct in your understanding of the law.

[dpage70]

I always tell them to go ahead and call the water patrol and until a them or someone from the corps or fish and wildlife tell me I can't fish there then I keep doing it. The guy at moutardier starting throwing rocks in the water when I told him that. I caught a fish so I stayed and he said he would have the water patrol there in a few minutes. They never showed and he never came back out.

[DSPCHAMY]

Thanks for the confirmation zx150 I thought I remembered reading an article summarizing that a few years ago on here.

As for fishing docks and parked boats, if its in the water they can't do a thing about it. If you damage a boat then you are accountable for the damage to the boat, just like you are responsable for your wake damaging other boats. If you are accurate enough to not be bouncing it off the sides of million dollar rigs then go for it, I don't want to write that check personally though so I only fish empty slips.

Thanks for all the great input, just wanted to make sure I had not fallen of the rocker

[Bass Jr. Executive]

I think the information you are getting is a little bit off here. The rule about restricting fishing around boat docks is that if the body of water is a navigable waterway, which is defined as a waterway under lock and dam, then you cannot be restricted from fishing. If Nolin is not under lock and dam, and it is a Corp. lake, then the Corps. has taken the position that if they have leased the property to a marina owner, and they have granted that Marina owner the right to restrict fishing, then that portion of the lease will be enforced. The amount of area within which they can restrict fishing is not necessarily clear, however. So there are some x factors here that need to be addressed, be careful.

[Devils Horse]

I know for a fact a guy got a trespassing ticket and went to court for fishing close to the State Park Marina (privately owned) on Barren a couple of years ago. I don't claim to know all the rules, but the way I understand it is if the Marina chooses to post it, you cannot fish within 150 ft of any of their structures.

This guy was on Wellhouse Point casting away from the Marina, but the fellow working there came out and told him to leave. They got into a shouting match and the patrol was called. The angler eventually wound up with trespassing charges against him. I called the owner, who I'd worked with on a fish structure project and asked him to get the charges dropped. He said he'd see what he could do and I don't know what finally happened with it.

Generally the folks who own the marinas are well connected and can cause the average angler problems if they want to push it. I ain't saying it's right, but If they have signs posted or come out an threaten, I'd advise fishing somewhere else.

[RoadToad]

I know for a fact a guy got a trespassing ticket and went to court for fishing close to the State Park Marina (privately owned) on Barren a couple of years ago. I don't claim to know all the rules, but the way I understand it is if the Marina chooses to post it, you cannot fish within 150 ft of any of their structures.

This guy was on Wellhouse Point casting away from the Marina, but the fellow working there came out and told him to leave. They got into a shouting match and the patrol was called. The angler eventually wound up with trespassing charges against him. I called the owner, who I'd worked with on a fish structure project and asked him to get the charges dropped. He said he'd see what he could do and I don't know what finally happened with it.

Generally the folks who own the marinas are well connected and can cause the average angler problems if they want to push it. I ain't saying it's right, but If they have signs posted or come out an threaten, I'd advise fishing somewhere else.

So he was standing on land? On private property? I don't think anybody would dispute that that's trespassing.

[pipehorn]

Im one of the lucky one's that got a $227 fine for trespassing on the river fishing in a marina. If it is posted weather it is legal or not if the police are called they will site you for trespassing. Its your responsibility to proove to the judge that there is no law stating that its private or not.

[trentonc2000]

i dunno, but the way i see it is if its water(posted or not) i'll fish it until a wildlife officer tells me I can't.