Lake Garfield access response

[manitron]

I decided to contact Fish and Game to find out how they viewed the access problems at Lake Garfield. Here is the conversation on Facebook.
Manuel Silveira‎
to
 Massachusetts Division of Fisheries & Wildlife
February 13 at 8:29pm ·

I would like to know why Lake Garfield is being stocked when public access is limited to non-existent at best.In winter,entering at the beach and walking up the channel is extremely hazardous most of the time.Your own newly revamped pond info states that the public must contact town officials for rules and boat launching. I know of many fishermen who feel that they are trying to privatize this lake.


Massachusetts Division of Fisheries & Wildlife
 Hi Manuel, Thank you for reaching out to us about this. I have forwarded your question to our local staff in the Western District. I will let you know when I have more information.
Like · Reply · Yesterday at 11:33am

Manuel Silveira
Thank you.
Like · Reply · 18 hrs

Massachusetts Division of Fisheries & Wildlife
Hi Manuel Silveira, Thanks again for contacting us about this. Trout stocking decisions are made by the local District Office with the intention of providing the best recreational fishing. You can contact the Western District office if you need more information at (413) 684-1646. Public access to Lake Garfield has been a challenge for many years. The Town of Monterey feels that the proximity of the boat ramp to the town designated swimming area is a safety issue during the summer months. MassWildlife continues to stock trout in Garfield because there are no access limitations during most of the prime trout fishing season (before Memorial Day). We have reduced stocking over the years to an appropriate level for a lake with some access limitations. However, eliminating stocking completely would be penalizing anglers who continue to fish the Lake. In 2016, the ramp remained open during the summer months and we hope that will continue. During the winter months, the lake is drawn down considerably which can lead to unstable ice conditions along the channel near the access point. The drawdown is allowed under permits issued by the Town of Monterey Conservation Commission. We will continue to look for opportunities to acquire additional and improved access to Lake Garfield. In the meantime, we feel our trout stocking is at an appropriate level for the recreational effort and opportunity.
Like · Reply · 3 hrs


Manuel Silveira
 I appreciate the quick and plausible explanation. I hope that you can appreciate the frustration that ice fishermen feel when you have to risk your life to gain access. It seems to me that the town could find a solution to the beach safety issue if they really wanted to. It seems obvious to the non residents that they would rather ignore it to placate the lakeside residents and minimize "traffic" as long as they can get away with it. Thanks.

[pmaloney86]

Very well phrased Manny.  I wish the response from DFW was different but at least they were courteous enough to provide a reasonable explanation.

[KillerFish]

Seems a fair enough explanation to me. Also seems like they are open to more input on the matter.
If nothing else, a better response than I ever would have expected.

[lowaccord66]

Nice job Manny.  Now comes the fun part.  I will talk to some people and see if we can get an injunction to prohibit Monterey from having launch restrictions.  I would also like to explore the draw down issue.  It's a public right of way so taking an action that causes dangerous passage through a public right of way can really be examined.  It may cost a few bucks but once a suit or two is filed a small town like that will roll over.  I will first touch base with the powers that be to warn them of the impending headache I intend to cause.

[manitron]

Nice job Manny.  Now comes the fun part.  I will talk to some people and see if we can get an injunction to prohibit Monterey from having launch restrictions.  I would also like to explore the draw down issue.  It's a public right of way so taking an action that causes dangerous passage through a public right of way can really be examined.  It may cost a few bucks but once a suit or two is filed a small town like that will roll over.  I will first touch base with the powers that be to warn them of the impending headache I intend to cause.

Thanks Jon. I appreciate your support. Let me know how I can help.

[lowaccord66]

Ok so I took the next step.  I informed William Morales, the Town Administrator of our concerns and intentions.  He took the conversation very well.  I explained that due to the Great Pond Status Lake Garfield is a public right of way.  My grounds for pursuing a litigation with them is the purposeful creation of hazardous ice conditions.  William seemingly understood.  Took my contact details and said he'd get back to me next week.  He said he has to check the bylaws.  He asked why I was not directing my inquiry to towards the Friends of Lake Garfield.  I told him that they did not pull the permit creating the hazardous conditions so I can't go after them.  He understood.  He asked why I thought the drawdown was causing the ice issues and I explained that it's exposing currents that would normally be under feet of water allowing safe ice to form.

We will see what he says next week.  We need to take this same reasoning to the state and try to get their permit pulled so it can't be done next year.  Any takers? My boss just looked at me funny as I handled that call at my desk so I'm done for today! 

Note unfortunately William "is from queens" and had no idea why we'd want to fish out there or what for.  He did say Garfield is a "beautiful" lake.

Manny if you suggest the above on that FB thread I think we will get some serious action fast...

[lowaccord66]

Thanks Jon. I appreciate your support. Let me know how I can help.

I hope more people join in.  This isn't for me really I don't fish there.  This is to stop these types of things from progressing down the slippery slope.

[manitron]

This situation if left unchallenged could become the "tip of the iceberg" so to speak. I have only fished Garfield once but I cannot tolerate people who feel their status is beyond reproach by the common man. Do you remember the response by the individual towns when the Zebra mussels were found in Laurel Lake? Lenox, Stockbridge, Great Barrington, and all the other "New York suburbs" barricaded the state boat ramps and refused to allow any boats in the water that were not already docked in front of the second homes. The state quickly responded by ordering them to take the barriers down.I have read on the shanty about Eastern MA towns passing noise ordinances  to limit augers and icefisherman on their lake. They allow ice-eaters in front of the mansions on Lake George so no one can fish "their part of the lake". I understand that the town owns the ramp at Garfield but they are accepting public money in the form of improvements. I feel sorry for the hunters in this country because access has become very limited. We need to defend our right to access or it will be slowly removed one lake at a time..

[lowaccord66]

Old Orchard Beach Maine tired the same safety based logic when they tried to pass a law that would prohibit surf casting from 8am to 5pm on the beach.  When I highlighted the lack of information on actual injuries sustained from said cause they had nothing and folded.  I will take the same approach with Monterey...forcing them to provided detailed information on how safety has been affected by the launching of boats there.

[manitron]

Just posted this on Facebook

Manuel Silveira We have contacted the Monterey town administrator and explained how the drawdown has created a dangerous situation when the public tries to access the lake in the winter. He did not realize that and said that he would look into it. It is clearly a public safety issue and hopefully with your help, we can rectify the situation for the future. Thank you.
Like · Reply · a few seconds ago

[lowaccord66]

That's exactly what I had in mind!

[troutncrappie]

This thread is awesome guys, I applaud your efforts and will help in any way necessary. 

[Rangerboats391]

nice job Manny!

[lowaccord66]

This thread is awesome guys, I applaud your efforts and will help in any way necessary. 

Documentation of weak ice conditions because of the draw down would help.  Anyone with knowledge of the ice conditions prior to draw downs would be very helpful in making my point that the draw down is a natural barrier to the safe use of the lake.  My ultimate goal would be the state forcing an injunction to prevent Monterey from lowering the lake in winter...first...secon d will be to address the summer access issues.

[manitron]

Jon, the MAss DFW has already acknowledged that the drawdown leads to unsafe conditions.

" During the winter months, the lake is drawn down considerably which can lead to unstable ice conditions along the channel near the access point. The drawdown is allowed under permits issued by the Town of Monterey Conservation Commission."

They responded to my last post by telling me to contact the local office for further assistance.

[manitron]

Any shanty members that regularly go to Garfield can help our cause if you could take pictures of the dangerous conditions or be willing to attest to the dangerous access conditions  in a statement. Just let Jon or me know if you can help document the situation. Thanks

[lowaccord66]

That's very interesting...the State passing the buck back to Monterey...I think if it wasn't a Great Pond then that would make more sense.  I can't fathom the state not having control over the water level there.  In any event it would be tremendous to jam the Conservation Commission up in court.. I may spend the money to have an attorney send them a letter letting them know what is on the horizon.  To me the Conservation Commission is breaking the law by allowing a condition that blocks public right of way on state property...

Here is an important note from a buddy of mine who is near and dear to the subject.  When I asked him his thoughts he said:

"Yup.  There is public access.  The lake authority does not answer to the town or state when determining draw down level. 
I have another meeting at the state senate in March 17th addressing this issue not just at Garfield but all drawn down lakes.  This is the 4th year I'll be testifying before the senate about the impacts not just to fishermen but to the lake itself."

[lowaccord66]

 Gentlemen this could end up being your home lake one day...let's not let this slide!

[Wbomberfish]

I have been fishing this place for years and within the first couple of years when they started to drain the water down someone drowned down in the narrow part of the lake with the springs.  Even in the dead of the winter there is some open water.  Very unsafe.  They claim it helps with the weeds.  Go there in the summer and still plenty of weeds!!!

[manitron]

Thank you for your input. We might need your help down the line with documentation.

[lowaccord66]

Thank you for your input. We might need your help down the line with documentation.

I'll start looking for a record of that as well...

[lowaccord66]

Well the Monterey Town Administrator called me back and pretty much lied.  He said their drawdowns are with in state regulations and that they are fine.  I let him know that what he was telling me wasn't the case.  That the state told me and others clearly they have no oversight into that.  I did I form him that a friend of mine is testifying in the Senate next month on the very topic trying to lobby for new legislation to give the state the power to control and regulate these drawdowns....it's going to be a battle. 

[manitron]

Thank you for the info and the help. As I stated before, the state must ensure safe public access to these local ponds if these towns accept state funds for improvement ,whether it is stocking or weed control or whatever. If the state is unwilling to enforce this or the towns will not comply, then the state aid should be withdrawn.

[lowaccord66]

I'm waiting to hear back from a friend regarding some legal help from a fellow fisherman that is a real estate lawyer.  Short of that Manny I'm not sure what I want to do next.  I'd probably be more motivated if there was more support for ending this type of behavior, but it seems a majority of the fellow sportsmen here do not care.

[bojango]

keep it going fellas, I appreciate the effort