Private boat docks on a public lake

[Fishnrod]

Out west we are discovering a new situation on our public lakes. Developments are slowly encroaching to the waters edge and with this comes private marinas. Im not sure what kind of permit, if any they need to get to be there but they seem to become very possesive about there space. Recently, during a club tournament one of our members was chased off, at gun point, by the security guard. I've always thought that if you where in your boat you had access to virtually ever fishing spot created. I may be wrong. So tell me how this is taken care of in your areas? I knows the laws must be different in different states but the Great Lakes must have thousands of private marinas on what would be considered a public domain. Signed "scared to fish"

[Pitts]

In MN the laws state that as soon as an owner puts in a dock on the public water then the dock becomes public property just like a permanent deer stand on public property.
As long as you do not set foot on there property it is legal for you to step on the dock. Of course in a disclaimer in the pamphlet you should get permission and use discretion to avoid conflics.


Pitts

[Husky]

In MI the property owner owns the first 50 feet of bottom out into the lake. So his dock remains his property. However, the landpwner does not own the water, and you may fish it as long as you do not touch bottom with your boat, or his dock.
Usually a good dose of courtesy goes a long way here. If you sense someone getting all riled up about you fishing there, just move on. The grief of trying to prove a point just isn't worth it, and will sour your fishing anyway.

[OFG]

A thread to this topic....Like all of you, I love to fish. But I also know that a lot of docks serve as a swimming platform for kids to jump into the lake from, or climb out of. With that in mind, I choose to not fish a dock and cringe whenever I see someone taking the chance on leaving a hooked plug or spinner in a dockpost.
Just how I see it.

[Dutchman]

Chased away at gunpoint???? Sounds pretty extreme to me. I would think this would be considered simple assault or somthing like that. Security guards???? Where you fishin' on the long pond in front of the White House???? Geez I'm glad I don't live any where near there. You might want to post where this was before somebody gets shot at....


" Fishing is the pursuit of what is elusive but attainable, a perpetual series of occasions for hope "

[Fin Addict]

There was a recently concluded case here in MN where a Marina owner had been zealously guarding his marina to prevent fishing. He chased off an off duty cop and his partner who were fishing a tournament. I believe the local sherriff was called in. The duo sued the marina owner for chasing them from public water and claimed that it had cost them the tournament. They won and as part of the award, the marina owner was required to post the marina open to public fishing. Beause the harbor was part of the original body of water it is considered public property in MN.

[Ice braker]

In IOWA from what ive heard there is no such thing as a private dock. If your dock is in a publick lake it is publick access. Plus the publick has the right to a certain amount of footage all the way around the lake.

[SUPERTROLLER]

You are not exactly correct in your statement. On any public water in Mi. you are allowed to wade in the water and fish. You are not allowed to trespass on private property except to bypass an obstruction (his dock) and you must immediately return to the water on the other side of it. In Mi. these are referred to as Riparian Rights. You are allowed to be anywhere within the high water mark of a navigable body of water. When dock owners have tried to chase us away, we have asked them to call the DNR R.A.P. Hotline for a clarification of the law. They never seem to come back out to complain after they get into the house/cottage. Wonder why that is?

[Tim FRick]

There was an article just last year about this on Lake Erie. Allot of bass fishermen go into the marina's with there bass boats. There have been a few times were the marina's have chased them out. IT is stated that you can enter the marina only by boat and fish, but can't step off onto the docks. If you are chased out just like the other post said, tell them to call the ODNR and they will explain the rules. The ODNR did say however to aviod disrupting the marnia's business. To maybe keep the fishing only in early mornings. Keep things clean and try not to bang lures off the boats. I guess the rule is what was first the public lake or the marnia?
Good Luck!!
Tim FRick

[Sid]

I think Tim brings up a good point. You may be allowed to touch or even get out on the docks in some of these places, but that does not mean you have the right to damge the dock, hit/scratch boats with a lure, engage in harrasment or intimidating conduct, tortiously interfere with their business rights, etc...

[SnellTier]

I was chased away from a public dock 3 years ago during a walleye tournament on Lake Winnebago in Wisconsin. Now, having read this post, I wish I had pursued it with the Oshkosh police.

We had put in at Miller Bay (a public park and dock from which the tournament was being run) and fished 1/2 day. We went back for my wife to use the public restrooms and a guy from the tournament crew gave us all kinds of heat about their wanting to keep the docks open for the tournament fishermen. I told him we just wanted to use the restrooms and then would leave. He finally relented but stood by our boat and watched us all the time we were on shore.

Next time it happens, I will take a different approach, having learned from this post. I will explain that this is public property (it is a public park, not a privately-owned marina) and that we are staying as long as we want to use the facilities. Then I will offer to call the Oshkosh police ... I will put their number on my cell phone as soon as I finish this post ... and turn on the phone and start to dial. If I complete the dialing with him still standing there with the same attitude I will press charges, even if he leaves after the call is connected.

He could have explained their needs and been nice about it and I would have been happy to accomodate them. But he chose not to be. He was demanding and rude, trying to bully us into leaving. I won't let those tournament people do that to us again.

[Eyez]

I don't know what tournamant it was, but every tournament I have ever fished has always stressed the point of yielding to non-tournament fishermen always. We can be in the middle of a 100 boat launch at 6:00 am, and if a retired couple pulls up with their RV and little lund, they get the right of way. Don't take it out on "those tournament people", this was probably the work of one idiot.


Eyez

[CJHughes]

I own property on Eagle Creek in South West Ohio My property line extends to the middle of the creek , my dock is my dock no one without my permission can step foot on it. But they can fish all around it. But they can not step out of their boats and wade or touch the bottom for I own it . I have fought this in Ohio all of my life the same situation but on land , trapping bridges, you own to the center of the road in front of your house if you have a creek that crosses in front of your house and the state built a bridge over that creek with my tax money I am still not allowed under that bridge to set traps if I don't have permission from the landowner even if it is a state route . The whole thing is a bunch of bull sh&t . Straight Creek Marina on the Ohio River has a No Fishing Sign allowed in the Marina but everyone does , screw him he is a grumpy old man . I have paid fines for trapping under bridges on state highways ,it sounds like I will be paying fines for fishing too ! It is my air and I don't want anyone breathing it bullsh&t !

[SnellTier]

Eyez, I understand your point and I agree with your perspective ... I did not intend my post to indicate otherwise. I don't intend to "take it out on" anyone but people who behave like that guy did. If they are nice, no problem ... then I will be too. But, if they are not, then from now on I will get their attitude changed (maybe by talking to the tournament director to start with instead of calling the police ... based on your post about what normally occurs in tournaments!). Also, I did not think about it until after we were on our way home from our fishing day, but if they were doing it to us, they were also doing it to other people. So, I owe it to other people as well to get that behavior changed.

You may be correct, it may have been "just one guy". But if it happens again I will find out subsequently, I guess.

Just FYI ... I think it was a locally run tournament if I recall.

TomD

[my two cents]

So when you launch 'your' private boat on 'my' public lake,I can feel free to hop aboard and fish from it with you?

Whew!!!
Its getting to be a long winter.

[riverat]

This public lake of "yours" ... do you have an owners certificate??? I bet he does on his boat!

Yup, long winter.

[BD]

At gun point? In Wisconsin that guard would be charged with asault with a deadly weapon. The owners of the marina could be expected to join him in court, charged along side him, if that was the policy of the marina. A security guard must have 40 hours of training for certification to carry a weapon in Wisconsin. Security guards are not peace officers and the law is very strict regarding the use / misuse of weapons. Trespassing is not a capitol offense! Report the incident to the police. If this continues, and someone loses their cool, just think of what could happen.

Navigable waters. What are the rules? Maybe the marina personel should check with the authorities. In the case you mentioned there would be no trespassing involved. Did you pose a threat to / or do damage to the marina or boats docked there? Did you infringe on a marked swimming area? Marinas are regulated by the DNR in Wisconsin. So are public and private docks. Check the regulations for your state and find out what the law is.

[nlar]

You are right on the dock being public once in the water but you can only approach from the water.You are wrong on there being so many feet around the lake that is public.I own a cabin and I went through the exact same thing a few years ago with a guy claiming that there was a public easement so you could go across anyones property and fish from your shore.I was decent about it until he became a smart***.I called the sheriffs office and got their advice, I then told the guy to leave my property and the next time he would be charged with trespassing.Haven't seen him since!