Local guide told to leave ice

[gdn443]

[size 1]December 30, 2004 10:09 AMDecember 30, 2004 10:09 AM [/size][url "http://www.ctfisherman.com/cgi-bin/ultimatebb.cgi/ubb/get_profile/u/00000171.html"][size 1][/size][/url][size 1] [/size][url "http://www.ctfisherman.com/cgi-bin/ultimatebb.cgi?ubb=email;ToWhom=00000171"][size 1][/size][/url][size 1] [/size][url "http://www.ctfisherman.com/cgi-bin/ultimatebb.cgi?ubb=private_message;u=00000171"][size 1][/size][/url][size 1] [/size][url "http://www.ctfisherman.com/cgi-bin/ultimatebb.cgi?ubb=edit_post;f=42;t=000231;reply_num=000000;u=00000171"][size 1][/size][/url][size 1] [/size][url "http://www.ctfisherman.com/cgi-bin/ultimatebb.cgi?ubb=reply;f=42;t=000231;replyto=000000"][size 1][/size][/url][size 1]

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[/size][font "Verdana, Helvetica, sans-serif"][size 2]While ice fishing on Wethersfield Cove this morning, I was called to the shore by a Wethersfield officer. He asked about the ice conditions and I told him I had measured nearly 5". He said that they had received calls from "concerned" residents and he was just checking on us. I assured him we were safe, showed him the ice picks we wear, the rope, etc and he said that we looked like we knew what we were doing and wished us a good day.

3 minutes later he returned, got out of his car shaking his head and said that his supervisor had told him to clear us off the ice. He admitted that he knew of no laws or statutes preventing us from fishing but that he was just following orders. We complied quickly and without argument.

When done, I talked with the officer for a while. I asked how thick does the ice have to be before we were allowed to fish there. He could not answer that.

Can you help to clarify this?
1 - Does the town have the right to keep us from accessing at the launch?
2 - If they do, can I access it with permission from a land owner on the west shore?
3 - Technically, isn't the cove under federal jurisdiction since it is considered a navigable section of the river?
4 - I also have several guided trips planned on the cove to provide clients ice fishing instruction. I carry my own liability insurance. Does this carry any weight?

My tackle shop is less than 4 miles from the cove and stands to lose a great deal of money in the coming days if people are forced to fish elsewhere. We are prevented from fishing 2 other coves in the area because certain game clubs and now this. The people who are the most “concerned” for our safety apparently don’t have the first clue about ice safety. Contrary to belief, none of us have death wish. We just want to be able to use that license that we spent $20 on. I want to do the right thing here but what IS the right thing? { FOLLOW UP} Dep did call the police and told them that as long as the fisherman judged the ice to be safe that they couldn't ask them to leave. Good job DEP[/size][/font]
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[tomc]

this is the first time i heard of the police clearing the ice.sounds like the supervisor had a hair across[mad]
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[gdn443]

Concered citizens called and reported it, so I guess it was easier to have the guys leave than tell the citizen the law about fishing. Which they had no clue about. Heard another story about a guy being told to get off someones property when he was fishing off the boat launch on ice. The police at that time where called and wound up telling the land owner that it's against the law to harrass hunters and fisherman. The guy had to educate the cop on that law too.
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[davetclown]

Can you help to clarify this?

[#0060bf]1 - Does the town have the right to keep us from accessing at the launch?[/#0060bf] [indent]
If you gain access through a munisapality owned launch "yes". cities do have the right to close a city own access site at thier own discression.

I too have been asked to leave waters on a navitable river because I was parked in a metro park. tho they wont come out on the ice to get you, they can put a ticket on your window of your car for parking there while the park is closed or even get nasty and tow your car away and when you set foot on thier land they can ticket you for being in the park after it was closed.

their jurisdiction ends at the watters edge

(here in michigan most will let you be and say you are on your own and just ask where to look for the bodies come spring.)

If you gain access though privet property then "no"[/indent]

[#0060bf]2 - If they do, can I access it with permission from a land owner on the west shore?[/#0060bf] [indent]
There is a good chance that you wont be bothered if you gain entrance from privet property. but a word of catuion, when the temps are as worm as they have been for the last couple days even a foot of ice becomes unstable in early season. the Ice melts from both top and bottom.[/indent]

[#0060bf]3 - Technically, isn't the cove under federal jurisdiction since it is considered a navigable section of the river?[/#0060bf] [indent]
On this one you answered your own question. the key word is navatable which means you gained access up or down river and are moving up or down river. but if you step off on to city property they can get you that way. they dont have to disclose the reasons for closing a city owned park or access site.

If it is a state own access site the city has no jurisdiction unless you are commiting a crime.

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[#0060bf]4 - I also have several guided trips planned on the cove to provide clients ice fishing instruction. I carry my own liability insurance. Does this carry any weight?[/#0060bf] [indent]
I am no lawyer but I can tell you what I have come up against in the past, once an officer has been called to the seen it is there responcibility to make a judgement call on the safety of the situation, and they always go on the side of caution.

even if you have your own insurance it wont matter, there are some lawyers who will say that the city provided an access there for it is all so the city's liability as well should something happen. I know this is screwed up but you can thank those idiots who cant hold them selves responcible for their own actions.

A man can rob my house and if while inside my house cleaning me out and he falls and breaks his leg I am leagly responcible for his medical care, pain and suffering.[mad]
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me I am not happy about the situation here in michigan, I went out yesterday, and the 5 inches of ice we got would not hold up my 200 pound foot. it started cracking so I turned right back around and hit shore.

60 degrees and we wont see another hour below freezing for at least a week, which means I can kiss my ice goodby

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hope things turns around soon too.
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