Members Hooked Posted April 16, 2007 Members Posted April 16, 2007 Does anyhone know if the Mutton Creek cove is private. I seen an altercation around the end of March that ws interesting and suprising. Apparently a group of people where fishing around the docks down from the Mutton Creek Marina and the Marina didn't like it. I guess they were fishing too close to the docks. Some guy on the dock was yelling at these people in a boat because they where fishing around the docks. I couldn't hear what he was saying but it looked like the people in the boat were just ignoring him. I know you have to pay to fish on the docks at the marina (thats where I was) but these people were by the other docks, several hundred yards away from the marina. The group of people came to the marina in their boat, why I am not sure, but that is when I heard one of the marina workers (the marina worker was pretty mad about something) yell at the group telling them that the cove was private and that they would have to leave before they called the water patrol. The people in the boat seemed to be pretty laid back. Not sure what was going on. Anyone know if the cove is private and if they can tell fisherman that they can't fish around the docks. I did see other boats fishing around the docks but didn't see anyone say anything to them. Maybe I missed something but I don't want to get a ticket for trespassing on private waters if I bring my boat into the cove. Does this make sense to anyone who fishs this lake.
Dutch Posted April 17, 2007 Posted April 17, 2007 It makes on sense but there are signs which state no fishing with 200 feet of the marina. At state park there are signs stating no fishing within the breakers but lots of people do. I was ordered off like that once at a boat dock and I told the person to call the water patrol and we would get a good idea of who controlled what on government property. No one ever came.
Members carolina-rig-01 Posted April 17, 2007 Members Posted April 17, 2007 not sure how the cove could possibly be private... i have fished those docks a lot and never had much trouble. one time some guy in a big house boat told me not to fish behind his boat because he was getting ready to leave. i just kept fishing and told him that i would get out of his way when he was ready to leave. i know there are signs saying no fishing around docks but this is my take on that. keep in mind i am in no way an authority on legal matters but that water is state owned, not private. and that also should include water in the slips and right up against the docks. as long as your bait doesn't hit there boat or bounce around on the dock they shouldn't have a leg to stand on. i personally know one guy who has a boat in those docks and i don't think too much of him. i can only assume the rest of those people are the same "big feeling, better than you types". it's a shame that it's come to be like this. people go to the lake to get away from this kind of people. if they were to tell me to leave i would be as polite as i could but point out that the water is state owned, and i have just as much right to fish it as the kids they have perch jerkin of that dock. i would say if you want to fish it then go ahead but be respectful of their property and don't let your boat or bait touch anything of theirs. If you can read this thank a teacher. And since it is english thank a soldier!
Thompson Fishing Guide Service Posted April 17, 2007 Posted April 17, 2007 My understanding is that you can legally fish marina boat docks from a boat. From a boat is the key condition... All 3 marinas post "No Fishing within so many feet (yards?)(usually 200) of the docks." I have sent to our heroes at the Corps (I means this, they do an awesome job) for an official clarification and I will post it when I receive it. This might not make me popular with the marinas, but I'm just the messenger...story of my life! Oh yeah, one more thing. My understanding is also that the U.S. Army Corps of Engineers owns this public lake. That is why there is NO PRIVATE PROPERTY on Stockton. That's one of my favorite things about it. I believe that the marinas LEASE this public land, and I'm not sure who the improvements belong to. Will check on this too.
Root Admin Phil Lilley Posted April 17, 2007 Root Admin Posted April 17, 2007 This is not an official reply to this topic but I am aware of this on Table Rock and Bull Shoals, both being Corp lakes. The Corp DOES have restrictions on fishing around marinas that serve gas. Now I'm not sure if that's 200 feet from a GAS PUMP or the whole dock. BUT the Missouri Water Patrol does NOT recognize Corp rules, only their own which there are NO laws governing fishing close to any dock. There was an incident on Bull Shoals at K-Dock where the owner was warned repeatedly to quit bothering fishermen who fished closed to his dock. It is unlawful to harass anyone in a boat in this manner, it seems. The owner of the dock finally went too far and rammed a boat into a boater who was broke down but was trolling by his dock to get back to the ramp. He is now up on ASSAULT charges. All you have to do is call the Missouri Water Patrol and advise them of the incident. Take a pic of the individual doing the yelling, owner, worker, boater. Enough calls and the yelling should stop. Let the MWP and USCAE duke it out. I think it's silly for one agency to make rules that can't be or won't be enforced.
adjust555 Posted April 17, 2007 Posted April 17, 2007 That's what I was told. Stockton is a totally public lake. If there is no fishing by a marina that serves gas, how can they charge some one to fish that dock? If you're conducting yourself in a respectful manner live and let live.
gonefishin Posted April 18, 2007 Posted April 18, 2007 Stockton is public property. The marina owners are leasing from the public. They have no right to restrict fishing near the docks. If the marina owners have a problem with the public whom they lease from then they should sell out, close down, move on or whatever. I would rather be fishin'. "Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote." Benjamin Franklin, 1759
Root Admin Phil Lilley Posted April 18, 2007 Root Admin Posted April 18, 2007 But they are leasing from the Corp and it's a Corp rule (200 feet). The marina people can't enforce the law just like we can't enforce traffic laws. Yelling and screaming is against the law if it's directed at an individual who's fishing. They need to contact the Corp and see what they're line of recourse is, not to take the law into their own hands.
Members Hooked Posted April 18, 2007 Author Members Posted April 18, 2007 Everyone familiar with Mutton Cove knows there are two sets of docks. One is where the marina and restaurant are located. the other is, I would guess 400 feet or more from the marina. I could understand why people shouldn't fish from a boat close to the marina. With all the boats going in and out, it could be considered unsafe. And I would think it would just be common courtesy. I am not so sure why anyone would even have a problem with someone fishing from a boat around the other docks, farther into the cove. Not sure how they justify charging people, like me, to fish from the dock but boats are not allowed to fish around the docks. According to maps I have seen and all the web pages that are listed for Stockton lake... it is clearly an Army Corp lake. There is no private property around the lake. Of course you have your buoys that say "no wake area" or "No boats with-in 200 feet of the Dam". I don't think Mutton Creek marina will get any of my business. The way that kid was yelling at those people was pretty harsh and excessive. I was sure there was going to be a physical fight. The people in the boat were very clam and I think that is what kept it from escalating. I can't imagine this is the first time this has happened. I believe I will just stay away from Mutton Creek marina from now on.
Thompson Fishing Guide Service Posted April 20, 2007 Posted April 20, 2007 Won't have an official dispo on this til next week. We've talked to some folks at the patrol and the Corps, but it appears the official answer will have to come from someone higher up. It is a jurisdictional pickle, it seems. Til then, I'd avoid a confrontation if at all possible. Always better to have the law on your side (or at least know if you don't). Typically there are 25,000 acres of lake to fish on Stockton, and with the highest water in 4 years, there's probably 40,000 acres of land under water. I sure wonder if some big hawgs aren't hanging out under those docks though...
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