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Posts: 3242
Location: Racine, Wi | Okay, so I was out on Lake Michigan last night with the wife and bro in law fishing for pike. We hit our usual haunts, and while moving along with the trolling motor, this young security guard says, we can't fish in the marina??!! I told him that we could indeed fish in the marina, as it is public water, and we are not walking on, or using the marina's facilities. After a brief discussion, we continued on. Well, 2 mins later, he has another security guard (I will not put in details, as it is unappropriate, and I am a bit diturbed, so they will get edited anyway)  and 3 police officers. Now mind you, the city police do not have jurisdiction on the lake at that point, the Sheriffs Dept would be the enforcers.
They (the police), tell me that we can't troll in there? I kindly let them know that we aren't trolling, and that we are keeping out of the way as needed. I also let them know that we are able to fish in there, but to avert any kind of further trouble, we just left the area in a not so good mood.
I contacted the city police for more info, in which the reply was that they are unsure, and to call the Sheriff dept. I call the Sheriffs, and they had me contact the water patrol that they had out, but they were busy preparing for the fireworks.
So what I ask, is that considered public water, and how would you recommend following up, if at all, with the persons that initially said to basically scram?
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| I believe in Illinois/Chicago the harbors are off limits to fisherman. |
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Posts: 1769
Location: Algonquin, ILL | Joel: I could be mistaken but I beleive in there is a Law that says no Fishing within 50 yards of a moored boat, if you were fishing in a marina then you may well have been violating that law, again I could be wrong but for some reason that is sticking in my mind.
YOU ARE SUCH A CRIMINAL
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Posts: 4266
| I know that there was a big stink raised about this issue in Bassmaster a year or so ago because a guy wanted to have an angler arrested for tresspassing because he stepped on the guys dock to retrieve a snagged lure. He, in fact, was tresspassing......the fact that the accusor was just a prick didn't have anything to do with it. Public waterways are exactly that, public waterways. If you can wade a stream trough someone's property without leaving the stream or moving above the high water mark, you are not tresspassing. If you are in the water in a boat, you have a right to navigate into any harbor or into any navigable water unless it is marked as being off limits. We do it in Milwaukee all of the time. There are a couple of different harbors, yacht clubs etc., and people fish for smallies under the docks and along the break walls all of the time. Unless IL has some special regulations, the article in Bassmaster said that a Federal Court decided that public waters are public waters and are owned by everyone. If you leave your boat, you might be tresspassing, but as long as you are in your boat, in navigable waters, I would think that you are not doing anything wrong....except P'ing off some rich people who cried to their rent-a-cop.
As far as dealing with them, find out for sure first, then continue to fish the area just like you have been. If they give you crap, calmly inform them that you checked with the authorities who have real authority and that you were told that you were not breaking any laws. Then get his name, the name of his employer and file a harrassment suit against him and his company that he works for. In Wisconsin, it's against the law to harrass anyone who is hunting or fishing.
Beav |
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Posts: 3242
Location: Racine, Wi | Beav, you rock!
That's the way that I though, and I am doing exactly what you said. I will first find out, then go on as I was. My only regret is that I didn't get the names of the people. I will pending the determination, contact the marina, and possibly the police, and at least shed some light on the subject. I don't want to make a major issue of it as of yet though, cause there's lots of fish, and no one fishing in there, accept from the shore. |
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Posts: 2427
Location: Ft. Wayne Indiana | If somebody said, "dont' fish here" I would simply not fish there. |
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Posts: 3242
Location: Racine, Wi | Mike, we pretty much did stop fishing, but it is a nice place to take the wife to get some action. (from the fish that is) 
It is only a few mins from my house, so it is easy to get out for a bit after work, so I want to make sure I can do this. I think it was a kid on a power trip, as the people in the yachts were all cool to use, and asked us how we were doing, how their pet northerns were, etc. |
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Posts: 476
Location: WI | From Wisconsin DNR website: This comes up for duck hunters all of the time, ice fishing sometimes as well:
Waterway Access
The public has the right to canoe, fish, ice skate, snowmobile, wade, etc., in navigable waters as long as access can be obtained legally, such as from a public road or boat landing. The riparian has exclusive use of exposed lakebeds when the water is low. When using public waters, the general rule-of-thumb is to "keep your feet wet" to avoid trespassing. For more information on accesssing Wisconsin waterways, see the Stream Access FAQ or talk to your local DNR Conservation Warden.
GotOne
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| Some of the marinas on lake mich in IN are posted at the mouth of the river. No Fishing. I always assumed it was because the canals are dredged by the marina. |
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| Joel, bummer but our club has been told no fishing in Marinas before our scheduled outings and we have to honor those requests.
That happened with Lithia Springs Marina on Shelbyville this April. 
Edited by muskyboy 7/5/2005 3:37 PM
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Posts: 3242
Location: Racine, Wi | See the goofy thing is, people ice fish her all winter long, with no problems. John G even did a show this winter in the harbor. I think it is okay here, but having trouble getting ahold of the local warden. |
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Posts: 699
Location: Hugo, MN | I'd follow advice from the Beav. I can't see it being illegal especially if you're not interfering with anyone's private property. |
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Posts: 476
Location: WI | In the winter "Precious" isn't parked in its slip..........Probably why they only care in the summer. Although I've been known to snag a dock or two in my life!!
GotOne
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Posts: 3242
Location: Racine, Wi | The crazy thing is that all the people in the boats were cool!!! No one ever said anything bad to us. |
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Posts: 1335
Location: Chicago, Beverly | "In Wisconsin, it's against the law to harrass anyone who is hunting or fishing. "
It also is in Indiana and I think Illinois.. The company that operates the chicago harbors for the park district thinks they own the harbors and have forcefully removed people who were fishing legally. They have used guard dogs to intimidate people into leaving... Pretty messed up.. and like I said it has happened in areas marked for fishing.. understandable when in areas marked no fishing.. Usually from a boat in the marinas your ok..Last charter I went on pulled away from the dock in Burham Harbor and dropped two lines and trolled their way out into big water, once we cleared the boats he dropped the rest of the lines.. |
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Location: Minneapolis, MN | Joel:
In IL we have Harbor Masters at each harbor. I'm sure they do in WI also. Harbor Masters have an interesting job that includes making their "renters" happy. Apparently their renter's prefer not to have people slinging baits around their floating condo's so the Harbor Masters do not allow fishing in the harbors any more. |
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Posts: 4266
| I know exactly where you are talking about. People fish there all of the time. They perch fish the break wall and weedbeds and there is even a handicap ramp with a dock there that is for disabled people to fish from. I think you ran into the yacht club rent-a-cops on the 4th of July and they wanted to make sure that you didn't disturb the members. People ice fish there. People fish there year round. Just because it's a Holiday they have no right to tell you to leave, and you are right when you say that the police have no authority in that area. It's the Sheriff or the Coast Guard in Lake Michigan. |
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Posts: 2515
Location: Waukesha & Land O Lakes, WI | How many rods did you have in the water????
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Posts: 3242
Location: Racine, Wi | Funny guy GMG. LOL We only had one per person. |
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Posts: 1769
Location: Algonquin, ILL | OK I did some digging and here is what I found, Note it applies only to City Of Chicago Lake Michigan Harbors, The harbors are owned by the City of Chicago Park District
The Park District sets the Rules and regs for the harbors, The City of Chicago's Park District prohibits fishing within 50 yards of a moored boat.
Maybe the harbor you were fishing has similar circumstances, if so that would allow for Ice fishermen as no boats would be present
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Posts: 3242
Location: Racine, Wi | Here is what the Racine Sheriff Water Patrol sent me today. They are still looking into this, but here is what he had to say. I xed out some of the names as I am not sure if they want them in here.
Mr. Michel,
There have been some questions recently on fishing in the Marina. I spoke with the manager, at the Marina, who advised that he asks people not to fish there because of the safety concerns. The rocks that fishermen use is next to a walkway commonly used by people to walk out to the county park at the end of the causeway. The other problem he has is that boats in the marina are damaged by lures, ripping canvas, seat cushions, etc. The other side is that restricting fishing on a watershed shore may not be prohibited. I contacted the Department of Natural Resources area specialist, he advised that he would research the question and get back with me.
In reference to your question about fishing from boats, state law states that you may not anchor in a traffic lane or restrict boat traffic. It is my opinion that the channels within Reef Point Marina would be considered traffic lanes. Therefore a boat would need to be adrift in order to fish there. As long as it did not restrict boat traffic, it would not be a violation of the law.
It is a fragil balance between safety and rights of usage when monitoring any dispute such as this. Tennants and management from Reef Point complain about the safety and fishermen complaint about being restricted in their ability to use the waters. We deal with this same problem in the fall with fishermen trolling in the river and across the harbor mouth.
Until I recieve word from the DNR, Reef Point is not requesting people not to fish from the rock shore line. As for the fishermen in boats, we handle that on a case by case basis. The other day I just cited someone for anchoring right in the middle of the small boat basin entrance fishing.
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Posts: 107
Location: milwaukee | I think it's time for a muskieFIRST outing for northern pike at Reef Point Marina.... |
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Posts: 3242
Location: Racine, Wi | Come on down Rook! Shoot me a line and let me know when ya want to hit it. |
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Posts: 2091
Location: Stevens Point, WI | I think the DNR will tell you as long as you are in the water you are basically legal except possibly the moored boats. If the harbor is attached to the lake it is fair game, it is a part of the lake, just like a natural bay. |
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