Marina fishing

[Kirtley Howe]

I have noticed that many marinas in my area of New York State post signs saying "No fishing in marina".  I keep wondering if they have the legal right to do that. I understand that they have the right (and so they should) to prevent you from trespassing on their land and the physical pieces (docks, runs, etc) of their property. But can they "own" the water and prevent access to it? That seems wrong to me.  I have tried to google this, and also have tried to get an answer from the New York State Department of Environmental Conservation. but have not gotten an answer on this. Anyone have the facts on this? 

[Tennessee Boy]

I certainly don’t know the facts in New York.  My guess is they are overstepping their rights.  There’s probably no law prevent them from posting a sign.  Years ago a city park and marina in Decatur Alabama stopped allowing bass tournaments at the ramps in the park.   TVA told them it would take away their water access permit if they didn’t reverse the policy.  They changed the policy.

[Spankey]

We have that same thing here in PA. Pretty gray area. I’ve just keep it gray. But I’m receptive to someone clearing it up. 

[cyclops2]

IN-n N Y  the super SNOTS post & yell.  ALL waters are public property. 

 

  But the LAND under water might be owned. SOO  Do not anchor. A check with STATE POLICE usually gets the correct answer.  PRIVATE PONDS are just that in most cases.

[BassinCNY]

I'm not a lawyer but I believe it's New York state law that it's illegal to fish in a marina if you are asked not to, it's a body of water created by glacial processes (which almost all are in NY) and the marina is man made.

[GaryH]

In Pa. If it’s a navigable waterway you have the right to use. You don’t have the right to enter or leave the water on private property without the owners permission. 
I’ve checked the finger lakes in NY for laws around private docks and you have the right to fish around them all you want. But that doesn’t make it right. If I see a family on a dock I always bypass and just say hello. Same goes if their swimming or floating on a raft I keep my distance.

[cyclops2]

duuuh  DO I have the right to unhook my bass lure from a boat cover in a marina ???????    ?

[Jig Man]

Here in MO on COE lakes there is an area around them set by the Corps that is no fishing.  I don’t know who would enforce  it.  Now in state parks they have the same rules and they are enforced by the Highway Patrol which is also the water patrol.

[Kirtley Howe]

3 hours ago, GaryH said:

In Pa. If it’s a navigable waterway you have the right to use. You don’t have the right to enter or leave the water on private property without the owners permission. 
I’ve checked the finger lakes in NY for laws around private docks and you have the right to fish around them all you want. But that doesn’t make it right. If I see a family on a dock I always bypass and just say hello. Same goes if their swimming or floating on a raft I keep my distance.

Of course....just having the right does not make it right. Common courtesy still should come into play.

 

3 hours ago, BassinCNY said:

I'm not a lawyer but I believe it's New York state law that it's illegal to fish in a marina if you are asked not to, it's a body of water created by glacial processes (which almost all are in NY) and the marina is man made.

Where did you find that info? I have not been able to find a single legal source for any info on this. Not that I am doubting you...I just would like to read up on it from an "authorized" source.

[cyclops2]

Call the state police.  They get calls from me every summer about SNOTS. 1 even fired a 22 bullet at me.  Police stopped that in a hurry.

[roadwarrior]

Much like fishing around a boat launch, this activity is disruptive around a marina, too.

[MN Fisher]

Minnesota law is pretty clear and simple.

 

If a body of water is accessible from public land - the entire surface of the water is considered public and usable by anyone.

 

That means that even the 'dug and built' marinas on public lakes contain public water and they cannot prohibit anyone from fishing within the confines of the marina so long as no private property is violated. This also includes the privately developed 'spur coves' of home associations that directly connect to the main public body of water.

[gim]

Some of those marina areas or backwaters have good early spring crappie fishing because it’s shallower and often has warmer water.

[MN Fisher]

Just now, gimruis said:

Some of those marina areas or backwaters have good early spring crappie fishing because it’s shallower and often has warmer water.

On Tonka - there's a 'spur cove' off Emerald Lake...which itself is small and fairly shallow. Early spring the number of boats 'stacked up' in that backwater is staggering sometimes.

[Bird]

A lake I fish in WV " Stonewall " not only prohibits fishing around the Marina but prohibits all fishing beyond the Marina, the entire upper section of lake.

 

I'm guessing this is to eliminate congestion in the no wake zone.

[BassinCNY]

21 hours ago, Kirt Howe said:

Of course....just having the right does not make it right. Common courtesy still should come into play.

 

Where did you find that info? I have not been able to find a single legal source for any info on this. Not that I am doubting you...I just would like to read up on it from an "authorized" source.

I looked it up last year but I just did a few minutes of googling and can't find it so take what I said with a grain of salt but I think it's correct.

[WRB]

It was my standard practice to launch my boat and survey the marina area for bait and bass. Some days never left the marina area catching bass for hours.

The fishing signs applied to the docks, unless the dock was specifically a fishing dock. The reason for no fishing signs was accidents hooking people using the marina getting into or out of boats.

Tom

[cyclops2]

Bingo WRB.

[@reelChris]

New York seems to be a unique situation:

 

"In New York, manmade boat basins and marinas are considered private property, and public access is left to the discretion of those controlling the land surrounding them. Some allow you to fish, others do not. To avoid any confusion, B.A.S.S. tournament officials posted all Oneida Lake marinas and boat basins off limits. The actual ruling falls under 'permitted fishing locations' and reads, 'Only that water open to ALL public fishing will be considered tournament waters.'"

 

from:

 

https://www.bassmaster.com/blog/whose-water-it-anyway

 

More detail:

 

https://rottenapplesbass.com/index.php/marina-rights-to-restrict-access/

 

Excerpt:

Many will tell you that a marina “doesn’t own the water” and must allow fisherman and boaters “free access for fishing”. However, this is only true in certain situations. Determination is based on certain factors as spelled out in the New York State Supreme court’s decision in Douglaston Manor v. Bahrakis 1997 and current NYDEC OGC-9regulations.

[Bluebasser86]

I got yelled at once by a slip renter because my trolling motor prop was "A danger to the cables". Apparently my plastic trolling motor prop was going to cut that several thousand pound strength braided steel cable ?

 

 

[GaryH]

28 minutes ago, Bluebasser86 said:

I got yelled at once by a slip renter because my trolling motor prop was "A danger to the cables". Apparently my plastic trolling motor prop was going to cut that several thousand pound strength braided steel cable ?

 

 

You should be ashamed of yourself. ?

[Bluebasser86]

19 minutes ago, GaryH said:

You should be ashamed of yourself. ?

It took me a minute to process what he said because of the absurdity. I'd already caught several fish off that part of the dock though so I was about done there and didn't want to argue. 

 

We're not allowed to fish by gas pump docks for obvious reasons, or pay fishing docks, but the other marina docks are fair game. I leave them alone if someone wants to make a scene though, I'll catch fish somewhere else over dealing with that. 

[TnRiver46]

On 3/5/2022 at 5:25 PM, cyclops2 said:

duuuh  DO I have the right to unhook my bass lure from a boat cover in a marina ???????    ?

Depends on how much the lure costs. If it’s a rapala I’m coming to get it 

[Choporoz]

There's marinas here in Potomac tribs that I have never passed and not seen kayaks and jons parked underneath the docks, hauling in stringers of crappie.  Marina fishing is ubiquitous here and if anyone tried to prevent it, there'd surely be confrontations.

[Fishlegs]

2 hours ago, TnRiver46 said:

Depends on how much the lure costs. If it’s a rapala I’m coming to get it 

Just take some of your tasty looking fried fish in and they'll let you have it.