Federal Law?

[Bass man]

This only applies to Wax, Moutardiar, and the Ponderosa marinas....as they have a lease from the Corps of Engineers. And even then, it only applies if they have posted signs that prohibit fishing. This does not apply to privately owned docks. I've had an in depth conversation with the Game Warden who gave this instruction to all who was at the Wax Tournament, and that echoes what he said Friday night. It's also in the Kentucky Fish and boating guide on page 8.

[Jbyrd]

To a certain degree he was right !!! The corp passed a law stating you cannot fish 150 ft of a MOORED object not floating object. And yes the corp is a federal agency. There has been several cases on cumberland the past 2 years. Tickets written but thrown out because they where written by kdfw officers. BUT the judge has warned if it is written by a corp ranger you will go to federal court in London ky and it will be bad... Conley bottom is the only one that is complaining about fisherman around here on cumberland . BUT they have a clause that it is at the marina owners descretion so they can let the buckeyes fish around their boat slips....

[slobslayer]

Sounds like a good excuse to have another "no wake zone" all the way across the lake like they did at Emerald Isle Marina on Green River Lake. You all know we have to keep the Ohio Navy happy.

[southern]

there is the same signs all over the state marina at green now.but i can assure you i will be fishing in there,just play dumb and say you thought they said welcome to good fishing.the houseboat owners over at green think they own the lake.

[Dave Stewart]

All this talk abour the Corps passing laws...now just think about that statement...since when does a government agency pass laws? I was always taught that it was legislative bodies that passed laws, not some government agency or entitiy.

FACT: Bassman is right...check it out in the KDFW Boating and Fishing Guide. It has been there for a few years now...only pertains to those marina's having a contract with the Corps.

[Jbyrd]

Ok let me rephrase it then "THE CORP" proposed a law prohibiting fishing within 150 ft of any moored structure ,then whom ever passes laws "passed" it . ANYWAY same result it is a LAW............... Governed by corp law enforcement which is a FEDERAL agency. And it does say ANY MOORED STRUCTURE marina or other wise . BUT the corp ranger on cumberland said it only comes into play if the structure owner wants to enforce it Thus some confusion and grey area. On cumberland Conley bottoms owner has chosen to not allow bass boats to fish inside the no-wake zone . But people are walking up and down the dock all the time fishing. I ask him one time why was that and his answer was they are paying customers. Which I replied I paid 5 dollar launch fee am I not a paying customer. At which he said a few choice cuss words and walked off......

[kydonky]

KYDONKY - Where did you get your answer.
I was not at wax this past Friday night but was told that a Fish and Wildlife officer told the group fishing this tournament this regulation. I was told he stated that this law applied to all floating docks, private or public! I, find this hard to believe, but was told this week by a buddy that he called the Nolin Lake Dam and they backed this rule that it applied to all floating docks and was enacted on specific bodies of water, Nolin being one, something abour COE Lakes? Was tols lakes such as Barkley, and KYLake do not apply!

Kentucky Department of Fish and Wildlife website. In a PFD file under fishing regulations. Here is a copy of the link.

http://fw.ky.gov/pdf/2010fishguidefishingregs.pdf

[aceoky]

FACT: Bassman is right...check it out in the KDFW Boating and Fishing Guide. It has been there for a few years now...only pertains to those marina's having a contract with the Corps.

Exactly.........and

Even then does NOT apply to fishing in one's own slip (Buckeye or not)

Q: May I fish around a dock or
a marina?
A: It depends. Public marinas
on U.S. Army Corps of Engineers
Lakes have contractual agreements
that address lease space on public
waters. The Corps presently allows
the marina owners or operators to
post signs that prohibit fishing within
150 feet of their floating structures.
These agreements do not prohibit
a person from fishing in their boat
rental slip. This policy does not apply
to privately owned boat docks on
Corps lakes.

[kydonky]

Now I have decided that this is true.

After thinking about it, it would be best if all the rest of you guys not fish around any floating structure incuding any type of boat.

I will just take my chances, but you guys ought to be safe and just fish from the banks. Maybe my catch will improve without all the stress.

[Dave Stewart]

Fact: No one passed any law saying any such thing. If it is a law, please post the civil code on here so we can all look it up.

Fact: The Corps does hold jurisdiction over the lakes and the lands surrounding those lakes which were built by the federal government.

Fact: The Corps has entered into a written agreement with some Marina owners that basically gives the Marina owner jurisdiction over the water and land adjacent to the Marina.

Fact: Some of these Marina owners have put up signs that prohibit fishing around the Marina areas....some only prohibit fishing in slips...some within 150 ft. This is what is addressed in the KDFW Boating and Fishing Guide

Fact: If you violate the posted area by fishing there, you will be charged with tresspassing....not charged of some fantasy law that was never passed. You will be issued a ticket for tresspassing if you are caught just like you would be if you walked onto posted land to hunt and were caught doing so.

Fact: There is no agreement between private dock owners and the Corps. There is no law to prohibit you from fishing around a private dock or any other dock that does not have said written agreement with the Corps.

Now, having said all that, the reason these Marina owners started prohibiting fishing around their docks in the first place is the fact some anglers have no respect for the private property of others and damage boats in the slips with their lures etc.....can't blame them.

[Jbyrd]

Not entirely true about fishing the boat slips being the reason for the no fishing signs. At conley bottom before the draw down No one fished the slips , most of them set in 60 -100 ft of water. But the guy at conley was running people of behind the marina in the pockets that where 100 yard from the slips . He just wanted to be a rude obnoxious person.

[Jbyrd]

Also another question: If you are being cited for trespassing aren't the people that are idling thru just as guilty? They are in the same area. Trespass as Webster describes it is as follows: to enter unlawfully upon another's land; to encroach upon another's rights; to make too great a claim; to injure or annoy another. Most trespassing arrest/ tickets are for being in an area one is not allowed to be in doesn't say what you are doing.. ????????