Question about fishing in marinas in New York State....specifically Cayuga Lake

[Kirtley Howe]

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.

[Tennessee Boy]

I don’t know the answer but I do know anyone can put up a sign.  I saw a marina recently on a Corp of Engineers lake that put up a No fishing sign.  I’m pretty sure they don’t have the authority to prevent fishing.   I’ve even seen people put up No Wake signs on their private docks that are 50 yards from the main channel where barges travel.   I guess they’ll have to shut down the local power plant because barges create a wake at any speed so they won’t be able to deliver coal past these docks.  ?

 

TVA doesn’t put up with stuff like this.  Many years ago a marina and water front park own by a city decided to stop allowing bass tournaments.  TVA informed them that they would cancel their permit for the marina and park if they did.  They changed their mind.

[MN Fisher]

Minnesota the law is simple and clear. If you can reach any part of the shore through public land, the entirety of the water-body is considered public...no one can legally prevent you from fishing any part of it so long as you do not set foot on private land. Someone may own the docks, but the water around and under them is public.

[Kirtley Howe]

1 hour ago, MN Fisher said:

Minnesota the law is simple and clear. If you can reach any part of the shore through public land, the entirety of the water-body is considered public...no one can legally prevent you from fishing any part of it so long as you do not set foot on private land. Someone may own the docks, but the water around and under them is public.

unfortunately the law does not seem to be as clear cut in New York. 

 

[J Francho]

Be specific. What marina? I've fished any without buoy lines on Cayuga without issue. I'm assuming someone squawked on the north end. 

[Kirtley Howe]

1 minute ago, J Francho said:

Be specific. What marina? I've fished any without buoy lines on Cayuga without issue. I'm assuming someone squawked on the north end. 

Red Jacket Yacht Club Maina. Southern portion of the lake, on the East side. 

Just now, Kirtley Howe said:

Red Jacket Yacht Club Maina. Southern portion of the lake, on the East side. 

Also Hibiscus Harbor Marina, west shore above mid lake. 

[Krux5506]

It's legal. That's why nobody in charge will give you the straight answer. I personally don't really care to fish within marinas during the busy season...quite honestly it can just get awkward and I'll choose not to intrude too much within a marina out of courtesy.  Once fall rolls around and boats are pulled out then it's a different story. 

[Reel Basshole]

It's not legal.

 

https://dec.ny.gov/regulatory/guidance-and-policy-documents/ogc-9-enforcement-guidance-public-rights-of-navigation-and-fishing

 

Section III, part B, last line.

[J Francho]

So Cayuga Lake is a a privately owned non tidal waterway?  I'm not a lawyer but I play one on the internet. 

[Reel Basshole]

The one at East Shore you can try to make your argument, but any Marina that has a channel way in and out, like Treman or Myers, the decision by the NYS Court of Appeals in 1997, in the case of Douglaston Manor vs. Bahrakis, is pretty straight forward. That's consider private property and the owner of the Marina (City of Ithaca and Town of Lansing in those two particular cases) owns the fishing rights in those waters. It's not fishable, even by boat launched elsewhere on the lake. Same holds true, throughout the state, not just Cayuga.

[J Francho]

We've already excluded marinas with channels in the first post. Like I said, I'm not a lawyer, but anything without buoys hasn't been an issue throughout the state. If some Karen wants to squawk, I'll probably move on anyway. 

[Reel Basshole]

According to the ruling, they need to own the bed and have the rights to fishing from the state to deny access. That's it. Which I am sure the rights to fishing the section of water they directly own out in the main body of water, is not hard for marinas to obtain. Especially ones in Ithaca area with ties to Cornell. Again, go make your argument, but it'll be up against precedent. Good luck to anybody. 

[Neil McCauley]

Reason for not getting a straight answer is dock fishing sucks and no one really cares. Cayuga is an awesome fishery, I recommend getting a canoe or kayak, maybe a small trolling motor. You're really missing out from shore.