I have been trying to get a straight answer about this for a while now. I have talked to several DEC officers, and they cannot quote me any law that specifically address the matter, and two of them admitted they did not know the answer....
If a privet marina is located directly on Cayuga Lake...as in, its' entrance, exit and waters contained within the marina are part of the lake proper, is it legal to fish within the marina? I know that if a marina is constructed by creating a channel on/thru private land that allows access to the lake, the marina owner has the right to deny access to fishing within the (private) marina as it classifies as Non-Navigable water . I also know that any state or federally owned marina can..and usually does.... deny fishing within the marina, because the state/federal government "owns" the land under the marina and the water within the marina.
However...a privet marina as I described above, by NYS law, only owns the shoreline, and the docks/structures within the marina...they do not own the lake bottom, nor the water within the marina (which are both technically owned by New York State). So how can they ban fishing in the water which they do not own? I have googled this and used BING search without getting a relevant answer, and I have sent repeated emails and have left multiple phone messages with the NYS Department of Environmental Conservation to no avail.I have also read the NYS fishing regulation, but either I am missing it, or the answer to the question is not there.
I am hoping that someone....maybe one of our resident tournament anglers...can give me a clue, and maybe even a link to the appropriate law?
Please understand that I respect others property, and as a rule would not fish within a marina if the owner asked me not to or had posted signs saying no fishing, but I am very curious about this, more as a matter of principle than anything else.