RE: Massachusetts CMR code (law) to use if you are told to get off the ice....

[derekinhawaii]

I've been having some interesting meeting in the off season with regards to Ice fishing rights and fishewrmans rights while legally fishing the waters of MA. 

Here is the acuall code (law) that can be used to remove someone/anyone from a body of water (Lake/Pond/River/Brook/Stream).  Note though that a sign has to be posted for this law to be able to be used:
http://www.mass.gov/courts/docs/lawlib/300-399cmr/302cmr12.pdf  Go to 12.04 subsection (14)

In brief it states:
(14) No person may enter upon the frozen water of the DCR for the purpose of ice skating, ice fishing, or for motorized or non-motorized purposes, when a prohibition against such use has been posted. A person utilizing said DCR bodies of frozen water engages in such activity at his or her own risk, and DCR assumes no responsibility either implied or express as to the safety of any persons who voluntarily engage in such a known, obvious and inherent risk associated with such frozen water activities.
NOTE THAT A SIGN HAS TO BE POSTED!!!

I suggest everyone print this out and keep it with your fishing license.  I just printed mine and laminated it and punched a hole it and now have it hanging it from my ice fishing bag.

If it gets cold enough again this winter I will be fishing the Charles River basin......

[manitron]

Thanks for all your efforts on our behalf.   Manny

[lenz]

what about non DCR bodies of water?

i'm getting kicked off of ponds with increasing regularity with the usual dumb cop statement..'it's not safe'

burp

[derekinhawaii]

Lenz,

What I know, is that ponds and lakes are under the jurisdiction of State not the local towns where they may be located.   Private ponds would be exempt from state law.  DCR/Environmental Police, Mass Depart of Fish and Game (falls underExecutive office of Energy and Environmental Affairs) are the only agency's that can kick you off the ice.  And if they do so they have to prove that there is a prohibition against accessing waterways.  This can only be done in extreme instances and has tho be signed into law by the governors.

I'm not sure when the last time this was done. 
However I know that is hasn't been done in the last 7 yrs (the amount off time I've been ice fishing)

To sum up, local police can not kick you off the point unless you have broken a law.  Ice fishing or accessing ice on a frozen pond is not breaking the law.

Two police officers in Belmont were reprimanded and found guilty for going against department policy and not knowing the laws with regards accessing ice this past spring when they illegally kicked me and a friend off the ice and threatened us with arrest if we didn't leave.  I filed a complaint.  This was a favorable outcome. 

I suggest that you carry the CMR code in my first post.  This should tell the police all they need to know.  If they choose to ignore it then they are breaking the law.

I know that I for one will use this law and if this doesn't satisfy the police then I will let them arrest me.  A law suit will follow.

[Slabosorous]

Thanks for looking into all this! What part did you print out and laminate? Just section 14? I don't want to make it look like a paragraph I typed on Microsoft Word if you know what I mean.

[derekinhawaii]

I just used Sec 14 as thats the sections to specifically address's ice fishing/fishing.  I shrunk the text down to the size of my fishing permit, also shrunk down and then lamented it.   

It fits in my wallet.

Good luck

[manitron]

Just a thought, I have noticed that the DCR posts a sign  warning of thin ice at the DAR before the snow flies every year and never takes it down until spring (if ever). Just warning you to not get your hopes up because you are dealing with the state with all its deficiencies.

[derekinhawaii]

Maniton,

Yes you are right about the signs.  I also see those on a regulatr basis. 
However after consulting my attorney who I have for work related reasons, they have to put this sign up for liability reasons and not ban accessing the ice.  They have to put it there.  The sign is to warm only and does not prohibit fishing or accessing the water. 

example of signs banning access.... NO TRESPASSING PUBLIC WATER SUPPLY.... these are also everywhere.   

In the CMR codes in MA trespassing is illegal... there is a law for this.
However there are no laws stopping anyone from accessing ice....

There is only one way that fishing can be banned (fresh/salt/or ice fishing) and thats through an executive order by the present Governor prohibiting this activity.  As far as I know no Governor in MA history has sign an executive order banning fishing. 

Again only private ponds or reservoirs are exempt from Section 14;  ie..... private hunting/fishing associations or public water supplies

Fish and game have stated that local police do not have the jurisdiction to kick anyone off the water unless there is a clear law being broken.... Public safety is not a law that can be applied to preventing fisherman from accessing ice.

Again the Chief of Police in Belmont determined that his officer didn't act accordingly when applying "public safety" as a reason to remove us from a pond.

what i've writes is from conversations with officials in DCR, Fish and game, and the EPO.  This is what I've determined after speaking with said agencies.  It's not legal advice.

Hope it helps. 

[stripernut]

Thanks for a great post!

[Jschumacher]

Great information. Thanks.

[nicksmurf111]

Wow, I'm glad that kind of stuff doesn't happen around here.