#1333965 - 07/11/1111:24 PM
CLOSING PARTS OF LAKE ZOAR FROM FISHERMAN
BASSMANinCT
Member
Registered: 03/19/02
Posts: 1107
This past Saturday, July 9, the TBF of CT had a tournament on Lake Zoar.
Also on Lake Zoar, an organization called Leaps of Faith Disabled Water skiers Club, had a water-skiing event.
Sometime late in the AM, a boat pulling a three skiers cam within 20 feet of our boat while we were fishing the shoreline in the stretch of water just below the Shepaug dam, and nearly swamped us. We made a mental note about being pretty close for a power boat to drive near us, and then forgot it. About 10 minutes later 2 jet skis come up to us and told us they were having the waterskiing event for disabled, and that we had to leave the area. They claimed that their permit allowed them to do this as well. We of course disagreed politely and said that we were also permitted to use the lake and had no such information saying otherwise. They threatened to get the police, they wrote my boat numbers down, which we again, politely even asked them to do so.
They left, but came back to us several times, in different boats and jet skis, about 5 times total in the next 45 mins or so.
Eventually, we notified our tournament director about this, whom was also fishing the area above us closer to the dam, and then I proceeded to head south. While we approached their area, we waited for two boats pulling skiers to go by, and then tried to go past them, but they flagged us down, and then began to complain that we had to leave. We said calm down, we are leaving. As we left, we came across their marked area and boat sign stationed to keep others from proceeding up the lake into that area. It was not there when we went by earlier in the AM.
Now, at no time were we rude or harsh. We said we did not agree with that they were telling us, and even told them we liked what they were doing, but that did not give them the right to kick us off or close off a portion of the lake we were fishing all morning.
Later in the day, when we saw a Police boat, I flagged them down and told them about this. Two police were on the boat, and one said they were not allowed to do that, the other disagreed.
So, the question is, was this a legal action or some organization using a benefit in a way that is great, but just not thinking everything through and taking some liberties while at it. If such events are allowed and portions of the lake are closed to others, shouldn't notice of this be given to other registered and permitted activities prior to the events? Who permits such types of activities that can control the lake like that? (PERMITS meaning we had a "permit from the DEP" to use the lake as well as anyone else may have)
"A bad day of fishing is better than a great day at work!"
Hopefully someone answers this. There was quite a bit or bravado with we'll call the police, we'll call D.E.P. etc. the fact that they never did leads me to believe they didn't have the authority they claimed and instead where as is often the case they simply were trying to bully others for their own purposes.
We ran into a similar thing on Gardner with a guy yelling at us for fishing in a swim area. The "swim area" in question was a single buoy, that's right ONE buoy. It had no permit # on it and with only one buoy somehow everyone was supposed to know exactly the demarcations were regarding the swim area. So in addition to the question previously asked, I'd like to know what are the regulations concerning swim areas such as how is one established, how is it marked and what can and cannot be done inside a swim area.
Thanks in advance for your reply. It seems this whole thing gets more and more nuts every year. With respect to Gardner; first the dock Nazi and now the buoy badgerer!
The only swim area's you can't fish are ones that are marked by bouy's with permits on them...A home owner can not make up his own swim area and keep people out of that section of the water unless its approved by the DEP. If that were the case ...anyone owning a home on a lake can mark the whole lake off as thier personal swim area and thats not how it goes.These are public waters!! Those markers on Gardner you were referring to are now marked right and most of that shoreline was opened up to fishing again.
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The only swim area's you can't fish are ones that are marked by bouy's with permits on them...
this is good to know. i have NEVER seen a permit number of any kind on a swim bouy... im going to look for it.
now thats not saying i would fish in a swim zone with people swiming thats just wrong, but im always amazed at the nerve people have asking me to essentially fish the other side of a lake because im within a half mile of thier supposed swim zone, which is nothing more than a few roped off bouys and the like.
#1334172 - 07/12/1106:23 PM
Re: CLOSING PARTS OF LAKE ZOAR FROM FISHERMAN
[Re: BASSMANinCT]
EnCon Police Moderator
Registered: 03/01/04
Posts: 3899
Two different issues here.
First, for swim areas, you cannot fish in them if they are DEEP approved swim areas.
Sec. 15-121-B12. Vessel, vessel speeds and fishing restrictions regarding swim areas and boating access areas (a) No person shall operate or allow the operation of a vessel inside markers demarcating a restricted swim area which has been authorized in writing by the commissioner. (b) No person shall operate or allow the operation of a vessel at a speed in excess of Slow-No-Wakewhen within one hundred feet of markers placed to designate a restricted swim area or boating access area which has been authorized in writing by the commissioner. (c) This section shall not apply to vessels used exclusively as lifeguard rescue boats. (d) No person shall fish inside the markers demarcating a restricted swim area that has been authorized in writing by the commissioner.
If you think someone has established their own swim area, or significantly expanded a swim area you can call the Boating Division in Old Lyme. They issue all the permits and can tell you if it's a permitted swim area. If it's not, they notify the homeowner that it must be removed (or reduced in size to the permitted size if they have a permit). You can reach them at 860-434-8638.
As far as Lake Zoar being restricted - Yes they had a permit and Yes they are allowed to close off a section of the lake under the authority of the permit.
Apparently there was a bit of a disconnect between Boating (who issues the Marine Event Permit) and Fisheries (who issues the bass tournament permit), resulting in the conflict.
Both Boating and Fisheries are aware of the conflict now and will be looking for similar situations in the future so as to notify any tournament participants.
If the situation is that you were fishing on your own and were on the lake before the marine event starts, they are required to have safety boats at the event that can get you through the area, all you need to do is wave them down and ask them to let you through during a lull in the event.
So every time we're told that the swim area is approved we have to call the DEEP? The homeowners are NOT required to have a permit # on the buoys? That seems rather awkward situation and unworkable for tournament guys fishing on the weekend, or is the DEEP number answered on weekends as well?
#1334316 - 07/13/1112:06 PM
Re: CLOSING PARTS OF LAKE ZOAR FROM FISHERMAN
[Re: BASSMANinCT]
EnCon Police Moderator
Registered: 03/01/04
Posts: 3899
Just had a back and forth with Boating Division.....there is a requirement in the issued permit for each swim area that " The permit number shall be placed on the top flat portion of the buoys in black indelible ink or black vinyl stick-on letters sized to fit the top portion."
So, if there are no numbers on the buoy then the area is either not permitted or they are not complying with the permit requirements.
Boating Division is not in the office on weekends and before anyone asks, NO, we (EnCon Police) do not check every single swim area to determine if it has a permit or meets the permitted size. There are hundreds, if not over a thousand swim areas statewide (there's probably close to that number on Candlewood alone from the looks of the lake) and with 49 officers (with staffing levels being threatened with layoffs of up to 50% according to what we've been hearing), we do not have the time or people to check all the swim areas to determine if each one has a permit or if each one meets the specific size listed in the permit. If we get a complaint regarding an area we refer it to the Boating Division to determine if the area is permitted and if it meets the permit criteria as far as location and size. Boating then contacts the homeowner to correct the deficiency and if there is a problem that requires enforcement action we will follow up. Usually if a swim area gets bouyed and does not have a permit or is enlarged by the homeowner, some neighbor will call us to let us know and we will check it out.
If you see a swim area all of a sudden appear, or become larger than what it used to be OR does not have a number on top of a buoy, either give us a call or call the Boating Division and someone will look into it.
The swim area permits are public records so if a club wants to request a listing of all permitted swim areas to provide to their members they can do so by contacting Boating and requesting the information. That way all the club members will know (if they want to know) which areas are permitted and which are not.
I did suggest to Boating that they put together a listing like the one fisheries does for tournaments.
Edited by EnCon Police (07/13/1101:18 PM) Edit Reason: Additional info added in BOLD
Thanks Capt. for the info. Appreciate all you guys do. I'll have to see if I can get some legislators who I know to change that regulation to require a permit number it would make everything so much easier as far as legitimacy and identification. It can be very hard especially on a large lake to be able to describe the precise location of a swim area from the water.
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