Off Limits to Fishing - In Arizona

"Scott Seidman" wrote in message

I'd work through F&G to make them take down the signs, especially if I
used
their ramp and was parked in their lot.

Well, I have contacted Game and Fish and confirmed that theyhave no legal
right to post the area as no fishing. I'm not sure I can go much further
than that. I can't force them to go out and tell people to take down or
change their signs.

I wouldn't force a personal
showdown.

Its my understandfing that the marina operators are fully aware that they
can't post the water as no-fishing. I have talked to several people now who
fish that area regularly, and even gotten a rundown of which marinas they
feel produce the best fish. I think before entering a marina to fish I
would have to prepare myself for a possible confrontation and be prepared to
maintain my cool while refusing to back down from fishing the spots I wanted
to fish.

The actual post I was replying to was recommending just fishing
the water, and handing them a copy of a note saying that it wasn't posted
for no fishing when they told you to move on.

Its my understanding that if you make it clear (in most of the marinas) that
you are aware of the facts they will not press the issue, although some
wannabe do gooder who doesn't know any better may get involved. In which
case you simply tell them that if they believe you are doing something wrong
they should contact the county sheriff or the marina owner.

Again, it might be right,
but I'm not sure you'd feel very satisfied being in the right as you were
calling AAA to deal with your four flats-- that's the real point I was
trying to make.

You are certainly correct there. There are some people who will try to "get
even" with you for standing up for yourself. I have seen dumber things
happen. In this situation the marinas I would be fishing would probably not
be the ones I would be launching at. Most tournament rules prohibit fishing
inside the host marina.

I also went on to discover that the Indian enforcement officers at one of
the Indian owned marinas on the lake will cite you for fishing inside their
marina anyway. Havasu Landing I believe. Its on the Ca side of the river
so conversations or opinions of AZ G&F would have no weight with them. Its
my understanding that they are also acting illegally, but Ca and Ca F&G have
chosen not to fight the issue. According to the locals its better to just
avoid that marina entirely. I plan to. There are plenty of others where I
can pick up a soda or get gas.

I only got two very short replies from Az G&F on the issue. One chose not
to answer the full question, and the other I posted here. I got some other
great information and warnings from some of the Havasu locals who visit the
forums on my website.

Knowledge is a powerful weapon. I tried to gather as much information as
possible before considering whether or not I really wanted to press the
issue. I'm sure though that if its late in a tournament and I have no fish
in the livewell, I may chose to go pitch up under some docks.

--
Bob La Londe
www.YumaBassMan.com

Got another slightly more detaield response from Game and Fish froma
different person.

*************************
This is a private property and trespass issue not a banning fishing issue. A
private entity or marina in this case, can post its dock "no fishing from
the dock". However, they cannot ban fishing per se as only the Arizona Game
and Fish Commission has the authority to close and area to the taking of
wildlife including fish. The private entity or marina cannot prevent
boaters from entering and flipping lures in the marina as long as the
boaters remain on "public" waters and are not trespassing on private marina
property. Fish and Wildlife are the property of the state, not private
entities or marinas. However private property rights are paramount in
Arizona and private entities and marinas are well within their rights as
private property landowners to prevent access to their docks, including for
the purpose of fishing, if they so desire. If the waterway is a public
waterway then an entity cannot prevent "access" from the water for the
purpose of fishing. If the waterway is private, then an entity can prevent
"access" for the purposes of fishing and permission must be obtained. This
was and continues to be a big issue on Bartlett Lake. Bass fishermen their
have agreed to stay off the docks and fish the docks from the water.
Kevin Bergersen
Law Enforcement Programs Coordinator
Boating Law Administrator
Arizona Game and Fish Department
2221 West Greenway Road
Phoenix, Arizona 85023
Office (602) 789-3383
FAX (602) 789-3945

*********************************



"Bob La Londe" wrote in message
news:1129157203.8d178192a6ee7b0cc5d39f057bfb9782@t eranews...
"Scott Seidman" wrote in message

I'd work through F&G to make them take down the signs, especially if I
used
their ramp and was parked in their lot.

Well, I have contacted Game and Fish and confirmed that theyhave no legal
right to post the area as no fishing. I'm not sure I can go much further
than that. I can't force them to go out and tell people to take down or
change their signs.

I wouldn't force a personal
showdown.

Its my understandfing that the marina operators are fully aware that they
can't post the water as no-fishing. I have talked to several people now
who
fish that area regularly, and even gotten a rundown of which marinas they
feel produce the best fish. I think before entering a marina to fish I
would have to prepare myself for a possible confrontation and be prepared
to
maintain my cool while refusing to back down from fishing the spots I
wanted
to fish.

The actual post I was replying to was recommending just fishing
the water, and handing them a copy of a note saying that it wasn't posted
for no fishing when they told you to move on.

Its my understanding that if you make it clear (in most of the marinas)
that
you are aware of the facts they will not press the issue, although some
wannabe do gooder who doesn't know any better may get involved. In which
case you simply tell them that if they believe you are doing something
wrong
they should contact the county sheriff or the marina owner.

Again, it might be right,
but I'm not sure you'd feel very satisfied being in the right as you were
calling AAA to deal with your four flats-- that's the real point I was
trying to make.

You are certainly correct there. There are some people who will try to
"get
even" with you for standing up for yourself. I have seen dumber things
happen. In this situation the marinas I would be fishing would probably
not
be the ones I would be launching at. Most tournament rules prohibit
fishing
inside the host marina.

I also went on to discover that the Indian enforcement officers at one of
the Indian owned marinas on the lake will cite you for fishing inside
their
marina anyway. Havasu Landing I believe. Its on the Ca side of the river
so conversations or opinions of AZ G&F would have no weight with them.
Its
my understanding that they are also acting illegally, but Ca and Ca F&G
have
chosen not to fight the issue. According to the locals its better to just
avoid that marina entirely. I plan to. There are plenty of others where
I
can pick up a soda or get gas.

I only got two very short replies from Az G&F on the issue. One chose not
to answer the full question, and the other I posted here. I got some
other
great information and warnings from some of the Havasu locals who visit
the
forums on my website.

Knowledge is a powerful weapon. I tried to gather as much information as
possible before considering whether or not I really wanted to press the
issue. I'm sure though that if its late in a tournament and I have no
fish
in the livewell, I may chose to go pitch up under some docks.

--
Bob La Londe
www.YumaBassMan.com