love2fishhave2work Posted April 28, 2009 Report Share Posted April 28, 2009 I saw an interesting post on another board and wanted to see if the opinion here was similar. I have been booted from a few marinas in the past and just assumed that the water I was on belonged to the marina. The consensus on another board was that even if I was within an inch of their docks, assuming I did not anchor or tie up, I could fish there. Is that an opinion shared on this board? Link to comment Share on other sites More sharing options...
Guest skeeter99 Posted April 28, 2009 Report Share Posted April 28, 2009 lets just leave that discussion on the lake simcoe board okay! Link to comment Share on other sites More sharing options...
love2fishhave2work Posted April 28, 2009 Author Report Share Posted April 28, 2009 lets just leave that discussion on the lake simcoe board okay! Thanks Skeeter, I am sure everyone is happy that you are doing your job and have spoken on their behalf. I guessed I must have dozed off on the day you were elected spokesperson for anyone else who may have an opinion or comment that reads this board. Now I am up to speed. Link to comment Share on other sites More sharing options...
splashhopper Posted April 28, 2009 Report Share Posted April 28, 2009 lets just leave that discussion on the lake simcoe board okay! Hey Skeeter.. i am not a member on that other board and would be VERY interested in knowing the water rules and or etiquette on this subject please. Link to comment Share on other sites More sharing options...
xeon Posted April 28, 2009 Report Share Posted April 28, 2009 Generally people dont own the lake bed, not sure in the case of the marina though. I think theyll kick you out because in the slight chance you screw up a cast and hook into the carpet or cover of somones boat. You would probably cut the line and run away and leave the boat owner with a nice hole in his cover or leave other damage. Remember the old saying: "Unless you have business there, you dont have business there." Theres usually better places than marinas to fish too. Sure ive seen 5-8lb bass hanging under the docks but I'd rather hit the open water. Link to comment Share on other sites More sharing options...
Guest skeeter99 Posted April 28, 2009 Report Share Posted April 28, 2009 (edited) sorry Edited April 28, 2009 by skeeter99 Link to comment Share on other sites More sharing options...
Terry Posted April 28, 2009 Report Share Posted April 28, 2009 some time ago there was a thread about this subject here, but I couldn't find it some marinas to have the right to kick you out but they must be posted with a sign that states that fish and oceans or thatever they are called, has given them control....if I remember right Link to comment Share on other sites More sharing options...
irishfield Posted April 28, 2009 Report Share Posted April 28, 2009 (edited) I can't see the worth of the confrontation (sp?) ..... Also most legitimate marinas are paying water lease to the MNR or Oceans and Fisheries for the area their docks cover.. so technically it's like someone coming and camping in the middle of your rented apartment floor. Edited April 28, 2009 by irishfield Link to comment Share on other sites More sharing options...
JohnF Posted April 28, 2009 Report Share Posted April 28, 2009 Perhaps it has something to do with navigable waterways. Marinas are typically not what I would consider a waterway so much as a man-made or at least maintained boat haven. I don't think the law actually means the surface of any water is accessible to the public, but I've been wrong before. JF Link to comment Share on other sites More sharing options...
Fisherman Posted April 28, 2009 Report Share Posted April 28, 2009 I don't think the law actually means the surface of any water is accessible to the public, but I've been wrong before.JF You have a submarine? Link to comment Share on other sites More sharing options...
LeXXington Posted April 28, 2009 Report Share Posted April 28, 2009 Terry, is correct. If the marina is under control of a habour master. They can put signs up saying no fishing and you have to go with that. MNR can also put up signs. Some people think they own the water when they don't, some people have the rights too make you leave really depends on how far you want too go. Cops or a judge will sort it all out Link to comment Share on other sites More sharing options...
JohnF Posted April 28, 2009 Report Share Posted April 28, 2009 You have a submarine? Scuba gear. JF Link to comment Share on other sites More sharing options...
Fisherman Posted April 28, 2009 Report Share Posted April 28, 2009 Scuba gear. JF I would forget that one.. Link to comment Share on other sites More sharing options...
JohnF Posted April 28, 2009 Report Share Posted April 28, 2009 I would forget that one.. Spear fishing and bug hunting is a hoot. And I've actually been within a couple of feet of several sizeable Muskies in the St.Lawrence (down 25'). I also swam shoulder to shoulder with a whole herd of 4' Tarpon in Grand Cayman, petted a shark in Mexico, stared down a huge Barracuda in Florida, etc. Diving is a wonderful way to see fish when they're relaxed just doin' what fish do, even in our cold northern waters. JF Link to comment Share on other sites More sharing options...
gdelongchamp Posted April 28, 2009 Report Share Posted April 28, 2009 I agree. I did scuba diving on Beaverlodge Lake in northern Sask. ( Uranium City) and swam in the cleanest, clearest waters with the lake trout. Awesome dives. Link to comment Share on other sites More sharing options...
DRIFTER_016 Posted April 28, 2009 Report Share Posted April 28, 2009 I agree. I did scuba diving on Beaverlodge Lake in northern Sask. ( Uranium City) and swam in the cleanest, clearest waters with the lake trout. Awesome dives. I wouldn't want to be eaten by one of the unseen prehistoric lakers around my part of the country!!!! Link to comment Share on other sites More sharing options...
POLLIWOGG Posted April 28, 2009 Report Share Posted April 28, 2009 There's a lot of money tied up at a marina so they have a pretty good reason for not wanting anyone near due to theft or damage more so than some of us that think we own a zone around our boat wherever we are. Lets hope the marina guys don't read this board and start chucking muskie lures at you. A lot of us claim a right to courtesy when legally a boat can come as close as they want as long as there's no exchange of paint or risk of collision, its just easier to extend the same courtesy to the marinas. Link to comment Share on other sites More sharing options...
smokin joe Posted April 28, 2009 Report Share Posted April 28, 2009 (edited) The marina does not own the water however if you are fishing the area you could be subjected to being accussed of doin damage whether you did or not. If you want to fish a marina I'd suggest taking a video camera and documenting your fishing and only fish the empty slips. Edited April 28, 2009 by smokin joe Link to comment Share on other sites More sharing options...
aplumma Posted April 28, 2009 Report Share Posted April 28, 2009 (edited) While this comment comes from the USA so how much water it holds up north is unknown. The area designated as a marina is under control and owned/leased by the harbor master or company. They have the burden of making sure that property that is on the leased slips is safe and secure from hazards and trespassing. They have the right to ask anyone that has the potential to affect these burdens to leave the area with the help of local law enforcements help as needed. This also empowers all renters with the same ability to protect the common areas property owned by other renters however they can not press charges as the harbor master can unless it is their own property being burdened. This all goes in the trash if you are lucky enough to go into a marina that is a condo/coop arrangement were the slips and yes the water/land underneath it are surveyed and taxed by the county. This arrangement is popular down here with the common area supported by the owners per slip arrangement. "No fishing" signs are not needed since it is a recognized owned structure that you are entering in too. This is not like a dock that is on the water behind the house on the lake because it is the primary structure and it's sole purpose is to house the owned property not just as an access point. I can say I am one of the people that ask you not to fish the marina because of a few people that have. Dinged the gelcoat on boats with their crankbaits, left lures hung up in covers and ropes, banged into boats to recover lures from ropes and covers, urinated on boats, left stripped line in the marina and even cleaned fish on the docks and left the blood and small parts behind. I am sure that if someones kids were misbehaving in a parking lot you would get it stopped really quick. With over 95% of the people who do respect the boats it is still the 5% who are ruining everyones chance. I am a fisherman also so I suffer with the rest of you so police your brothers and someday we might be able to fish the marina's . Art Edited April 28, 2009 by aplumma Link to comment Share on other sites More sharing options...
Fisherman Posted April 28, 2009 Report Share Posted April 28, 2009 I don't think in this instance we're talking about whaling 1/2 pound musky lures around the marina, this is just sitting in the boat with a rod/reel, bobber hook and a splitshot in about 8-10 feet deep water catching a few good perch and maybe a tagged one. If the conditions (wind/waves) would have caused us to drift towards the slip and boats, I wouldn't have gone there. It was calm, no waves and required the bare minimum of boat control to keep from moving around. Link to comment Share on other sites More sharing options...
Twocoda Posted April 28, 2009 Report Share Posted April 28, 2009 Im assuming if your fishing in a Marina ...you probably have a young one with you as opposed to the open water ...and any Marina that would disallow a quality family outting for the kids in safe confinments ( assuming water is too rough) ...wouldnt be worth my time of spending my tourist dollars at thier Area the marinas in my area promote fishing ( sections cordoned off ) whether its by zones or specifically placed docks ...a couple for consideration are Bayfield Goderich, Port Elgin.Southampton and Owen Sound Bring your tourist dollars to where the fisherman are welcome.... Link to comment Share on other sites More sharing options...
dada2727 Posted April 29, 2009 Report Share Posted April 29, 2009 They can't do anything, that guy from Urban outdoors got into it with a harbour master in Toronto and it went to a legal level and turns out the harbour master had no rights as long as you didn't dock there. How many times have you watched guys fish marinas in tournaments on wfn? They can tell you what they want, but they don't own the water. It's the same as if you owned a hunting camp on crown land, someone can walk all around your camp....they just can't go in. Link to comment Share on other sites More sharing options...
love2fishhave2work Posted April 29, 2009 Author Report Share Posted April 29, 2009 Thanks, I guess the consensus is to try to avoid fishing in these areas to avoid an arguement but putting a few panfish in the boat the odd time is ok. Link to comment Share on other sites More sharing options...
bigfish1965 Posted April 29, 2009 Report Share Posted April 29, 2009 At the same time...we do have to stand up occasionally and say we have the right under law to fish here. we cannot keep backing down to appease those who buy up the shoreline. I have fished MANY marinas and have been yelled at. My reaction ranges from ignoring, to talking to showing them a copy of the Fish and Wildlife Conservation Act showing that they are breaking the law by harassing me. They do not own the water or the fish in it...we do. And if a storm blows up they actually MUST let you tie up until it is safe. Link to comment Share on other sites More sharing options...
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