Dock Fishing Controversy

[Phil Lilley]

From MWP's site

http://www.mswp.dps.mo.gov/News/NRDetailba...sp?ID=N07060027

Dock Fishing Controversy

The Missouri State Water Patrol has been caught in the middle of a controversy that involves lake fishermen and commercial dock owners on Corps of Engineers lakes. The point of contention is what rights an angler has when fishing around commercial docks of concessionaires who prohibit that activity. Do commercial dock owners have the right to prohibit fishing around their docks when those docks are located on public waterways? Who is responsible for the enforcement of the fishing restricted areas?

The U. S. Army Corps of Engineers gives the concessionaires the authority to erect signs prohibiting fishing from or around the vicinity of their docks. When a commercial concessionaire signs a lease with the Corps of Engineers, they are given an area of jurisdiction around their docks called a "footprint". Footprints will differ from marina to marina according to their individual contracts, but usually the area they control will consist of more than just the area the dock covers. The concessionaire is responsible for the safety of his property and the property of his customers. The issue of safety prompts the dock owners to not allow swimming and scuba diving as well as fishing around their perspective "footprint" areas.

The enforcement of the concessionaire's right to restrict activities is a different issue. The authority to prohibit an activity by a concessionaire is a federal regulation and not a state law. Only law enforcement with federal authority can enforce these regulations. The Missouri State Water Patrol cannot enforce federal law or the terms of federal regulations. The Missouri Attorney General's Office has informed the Corps of Engineers that the Water Patrol has no enforcement powers in regard to these federal regulations. The State of Missouri takes the position that open waters on the Corps built lakes are State waters and open to the public. There are always two sides to every dispute. Until this is resolved, we all need to be courteous and respectful of each other's rights. You can find the Corps of Engineers regulations under Part 327.8, Title 36 of the Code of Federal Regulations. Questions concerning this issue should be directed to the District Corps of Engineers Office in your area.

[gonefishin]

The way I see it; it is pretty simple. They don't have to go out the expense of building a lake to run their business on. The public does it for them. The property they are running their business on is public property build and maintained by tax dollars paid by the public. They have no right to restrict public access. I know some would argue that private residence docks would also be open to the public. Not true at all; private residence docks are not running a business and making money on public property therefore they are exempt.

[SilverMallard]

If we're talking about an angler standing on his dock or the shore immediately adjacent to his dock, I side with the concessionaire. If we are talking about anglers in BOATS trolling up and pitching jigs along the docks, I side with the fishermen. This is actually consistent with the principles in the Freedom of Navigation Act, which applies to all waterways under federal jurisdiction.