I believe that it is contrary to Kentucky law to implement such rules on KY and Barkley, which are under lock and dam, and if I were cited for fishing there, I would most definitely challenge the citation.

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Hey Scott,
You weren't here when the original discussion was on here about Kutawa harbor ramp charging. The lease they signed with the corps of engineer allows them to charge for launching at their site, but in return they are then responsible for the entire upkeep. I personally don't feel they have done a good job of that upkeep. I also think that there is a greater question that has yet to be answered. That is this, if they have the right to consider it private property, aren't they then liable for what happens there? Such as the guy that was electrocuted at a dock a while back? Or at Kutawa, and it may not be the case now, but one lane of the ramp had a bad drop off and I've seen many trailers stuck there. If they were damaged, and he, the owner, hasn't done the proper upkeep, isn't he responsible?
BTW, I am the one who just now removed your post about the moderators. It lead to complaints about the way the board is run, and that is against the rules. Any complaints about the moderation of the board are to be sent to Peter and JimD via email.
I am sorry if you are not happy with the board rules.
Danny
I believe that it is contrary to Kentucky law to implement such rules on KY and Barkley, which are under lock and dam, and if I were cited for fishing there, I would most definitely challenge the citation.
Danny,
That's a good point you make about the ramp. I know exactly what drop you are talking about! I haven't launched there in a while either, but I agree that if a ramp isn't up to par then the guy charging should take full responsibility!
I've noticed a trend with these marinas that are unfavorable to fishermen. The marina owners haven't been owners for too long and are transfers from northern states. Do you think there might be a connection?! :)
>I can totally understand boat and
>dock owners being unhappy when
>someone hits their boat with
>a lure (there's nothing louder
>than a jighead hitting a
>pontoon boat first thing in
>the morning)or leaving hooks or
>fishing line hanging on their
>docks. As far as
>I'm concerned, that's a totally
>different issue, though. Damaging
>other peoples' property or blocking
>a person's access to their
>dock or a gas pump
>dock while you're fishing should
>not be tolerated by anyone.
> But when I'm fishing
>on a public body of
>water, not damaging anyone else's
>property or preventing anyone else
>from enjoying their time on
>the water I feel like
>I shouldn't be harassed by
>anyone. The boats, the
>docks, and even the land
>surrounding the water may be
>private property, but it is
>my belief that the water
>itself is for the use
>of all the public, not
>just the ones with the
>big boats and dock leases.
> With that said, I
>will be fishing a tournament
>on the McAlpine pool this
>coming weekend, so I may
>need to call someone to
>bail me out of jail.
>
I had heard that BASS took a marina to court on the Mississippi River pool around Keokuk pool and won(this was about 15 years ago). It was my belief that if you can get to it by boat you can fish it. I fished Lake Eufaula and had the plant manager of Mann bait marking maps for me. The Navy or Coast Guard had an instillation on the Lake with huge no trespassing signs going into the bay, he told me be sure to fish this bay that they legally can not keep you out of their. I went in fished it and talked to someone in uniform on the bank. Nothing was said and the rest of the story I didn't catch any fish in there.
We could email Bass and get there view on this.
Steve
We have gone thru this time and time again. I understand there are some silly rules and regs out there that I myself strongly disagree with. The Captians Quaters is private, created by private money and is not a natural flowable water it is man made. Therefore they can post it as can any other that is of this type. The money that you and I spend at these, thru our tax dollars, is nothing compaired to the money these marina operators do. I am not saying it is right or wrong. The main reason most of the off limits areas are established is because of some people do not respect other people or thier belongings. A good friend of mine has a really nice boat in a slip at one of the lakes. He pays good money to have the slip, he is a big bass fisherman and understands fishing docks, he loves to fish them. He came in one day last week and told me that his NEW boat cover had been ripped and still had the jig in the cover where someone was fishing his slip. Now he is against all marina fishing and I do not blame him. The cover was over $700 and less than a month old I do not see the person that did that paying for it. Like I have said before, I do not fish docks if there are boats in any of the slips, I have to much respect for other I guess, I do not want to chance damage to someones property. I still say that if that is the only place you have to fish is a place you are told not too then stay home you do not know how to fish!!!!!
MASBASS:
You miss the point. I don't fish docks either but there is more at stake in this issue. Rivers and lakes under lock and dam have been considered public property, owned by the citizens of this Commonwealth, for all of Kentucky history. There is over one hundred years of law supporting this. The marina owner and your friend have been given the priveledge of making personal use of this public water. In the case of the marina owner, he has been given the opportunity to use this public waterway for profit. I believe people's personal property (i.e. their boats)ought to be respected, and that fishermen have a personal responsibility to not cause damage or repay the owner for damage caused. But I am of the opinion that we as the citizens who own this public waterway, cannot simply allow private parties to, contrary to law, limit our right to enjoy a public property.
Okay, if fishin a marina is not legal, show me the KRS, cause hear is one that says if you interfere with my legal rights, you are a bad person, see (1) below.
150.710 Intentional obstruction of lawful taking of wildlife.
(1) No person shall intentionally obstruct or disrupt the right of a person to lawfully
take wildlife by hunting, trapping, or fishing.
(2) The Attorney General or any person directly affected may bring an action to restrain
conduct unlawful under this section and may bring an action to recover damages.
(3) The officers of the Department of Fish and Wildlife Resources, or any other peace
officer, police officer, state police officer, or sheriff may enforce this section.
(4) This section shall not apply to incidental interference with the taking of wildlife by
hunting, trapping, or fishing caused by lawful activities including, but not limited
to, farming, mining, or recreation.
Effective: July 15, 1988
History: Created 1988 Ky. Acts ch. 81, sec. 1(1)-(4), effective July 15, 1988.
Isn't it cool that no matter what the topic is, these threads always evolve into someone insulting someone else. The internet is pretty cool.
It's funny too...... :)
Not sure about a connection Scott, but I do know I have completely quit eating Rudy Burgers!!!
I will spend money with those who embrace me and my fishing buddies. Prizer Point being a prime example. We used to also frequent and patronize the Kutawa resturant. However, once they began to try to run off us fishermen, I know that I, and several of my friends have discontinued our patronage.
Danny
I will give you all the real deal. I personaly have been ticketed and gone to court. There is no Kentucky LAW that says you can or cannot fish these Marinas on the river. The police hate to give out tickets because they said they don't even know. But if it is posted and the owner or tenant of the marina calls the police then they have to respond. And if they do you will be citated for trespassing. We can fix this problem for around $30,000. If someone will set up a fund and all the anglers who would like to participate would donate a little $ we can have the law rewritten and then there will be no mistaken to anglers and or the police. This is not something that I have made up this is the Bible. You can check it all out for yourself. Tight lines.
