Group: Members
Posts: 3860
Member No.: 25
Joined: February 10, 2011
Someone has to go to the effort and find out what the private property boundaries are in the marina and whether or not the marina owns the land under water and water therein. Just like some of the marinas on other lakes do own it and anglers have been ousted. If the marina owns it, then they do have the right to have you removed, navigable waterways act or not.
Group: Members
Posts: 29
Member No.: 14187
Joined: May 23, 2017
Most marinas have No Fishing Posted, for safety and for the people who dock there. Image for a minute half a dozen or so boats fishing in a marina. We as anglers need to respect the privacy of the dockers.
Group: Members
Posts: 2754
Member No.: 10908
Joined: January 25, 2016
I agree we need to respect each other. Boaters and fishermen need to share the water. I personally don’t fish in Marinas so I don’t have this issue
My issue is why if the water and ground beneith the water is not owned by the marina why can the Marina get away with stating false information about said ownership and control of this water way area?
It seems in this case the officer did not lay charges or remove the fishermen so the marina obviously did not own the water rights. Stating they do is like me stating I own the parking on the street in front of my house when I do not.
I would have not fished there as it’s not my cup of tea to bring on an argument but if someone does choose to fish there they have the right to not be harassed by the Marina owner by law.
In my eyes the Police officer tried to keep the peace which is admirable but did ignore the law on the fisherman’s side not to be harassed in favour of supporting the marinas position. Isn’t this in itself a bad representation of a clearly written law being ignored by police?
Just so I am clear I am pro police big time. Just bringing up a discussion point.
Group: Members
Posts: 5106
Member No.: 67
Joined: February 10, 2011
IMO, just because you have the "right" to do something, doesn't mean you should do it!
You may be very respectful of the Marina property and the boats they have the responsibility to look after, but I can assure you there are many out there who have no respect for their own property, never mind that of someone else.
With that in mind, I don't blame the Marina management for trying to get you out of there. They cannot tell who is a good and respectful fisherman and not an irresponsible yahoo.
Group: Members
Posts: 179
Member No.: 11020
Joined: January 30, 2016
I completely agree with SDC, just cause you have the right, doesn't mean you should. With that said, the individuals though were within their right. The lake bed is not owned by the marina, and as such is public property. While the marina can control fishing from the shoreline, they cannot restrict the water access. This doesn't apply to all waters though, and some are actually under a land use permit- the land under the water is leased essentially allowing an individual to restrict access, build, make improvements, put in docks, etc.- this is the case in some marinas, but not in this case.
So while the individuals site the navigable waters act, there are some cases where portions of those navigable waters may be private. Something to keep in mind.
Group: Members
Posts: 817
Member No.: 8485
Joined: January 19, 2015
Ive been in this situation a few times, i agree that he has the right to fish there, but is disrespecting the owners wishes, same thing as fishing around docks in the Kawartha’s, legal, but disrespectful to the dock owner if hes asked you not to fish around it, I personally steer away from these situations now , later in life, since ive always found it just puts a bummer on the day, i go fishing to get away from the stresses of life, not to find an argument, but to each his own i guess
Group: Members
Posts: 113
Member No.: 2504
Joined: January 05, 2013
Fishing in a marina, whether it is legal or not is not a wise thing to do. A friend of mine works at a marina and he takes down the registration number of boats fishing around the docks. You can be sure that your boat registration number has been recorded and if any vandalism or theft happens you may be a suspect.
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