The tables seemed to have turned at Mozingo Lake. Several weeks ago, I reported how an ordinance that prohibited ice fishing effectively put an end to the popular activity at the lake. Now the ordinance has been changed. But it raises another question: Has the city of Maryville violated its partnership agreement with the Missouri Department of Conservation?
The whole mess began when the ordinance, which was written in 1996 and never enforced, was discovered. It plainly prohibited ice fishing at Mozingo Lake. After several weeks, the City Council, under recommendations from City Manager Matt Lecerf, approved the activity as long as anglers were willing to pay a $25 fee per person to fish along with signing a waiver releasing the city of liability.
After learning the ordinance had been reversed, I was initially excited — until I thought about the extremely high fee of $25 per person. At this rate, it would cost $100 for a family of four to fish during a season, which only averages around four to eight weeks. When compared to an MDC statewide fishing permit, which costs only $12 for the entire year, you begin to see my concern.
The new ordinance not only affects ice fishermen but those who hunt at the lake as well. The new ice fishing permit was combined with the previous $5 permit to hunt at the lake, creating a dual hunting and ice fishing permit. For those who have hunted the lake previously on a $5 permit, you’ll now see an increase of 400 percent.
The heavy fee and the fact that only ice fishermen are required to sign a comprehensive waiver, while others using the lake are exempted, prompted me to do some further research. While the city of Maryville owns the property, MDC manages the fishery and is largely responsible for many of the improvements around the lake. So why weren’t they asked for input concerning the new ordinance or fees?
This is where things become interesting. In 1992 during the construction of the lake, the city of Maryville entered into a 25-year contract with MDC to receive funds, resources and assistance through a Community Assistance Project (CAP) agreement.
Over the years, MDC has been solely responsible for managing the fishery, stocking the lake and making improvements such as boat ramps, parking areas, large disabled user dock, trails, bathrooms and many others.
As part of the partnership, Maryville must allow public access and full use of the area for fishing by the general public consistent with the Wildlife Code of Missouri. The contract also specifically states “No fee may be charged for fishing.”
The contract between the two partners does allow for a user fee, though the agreement clearly states the city cannot charge the public for “fishing” or “hunting.” MDC is the only entity in the state that has the constitutional authority to issue permits for hunting or fishing.
If a user fee is going to be charged, it must be directed toward all people using the area, and not just against anglers or hunters. By assessing a fee of $5 to hunters during the past years, the city hasn’t been in compliance. The new fee of $25 for ice fishermen and hunters also is a conflict.
The city of Maryville also neglected to note that no user fee can be established without the mutual agreement of both the city and MDC. Unfortunately this is exactly what happened when they failed to include or inform the conservation department of the new ordinance.
In addition, the city cannot charge anyone over the age of 65 and under the age of 16 any user fees. If that’s not enough, if a user fee is established, provisions must be made to offer a daily fee in lieu of an annual or seasonal pass.
The city of Maryville owns an exceptional piece of recreational real estate called Mozingo Lake. Unfortunately they seemed to have forgotten this amazing resource would not have been possible without their partnership with the Missouri Department of Conservation.
As MDC is primarily funded through the one-eighth of a cent sales tax and through sales of hunting, fishing and commercial permits, it seems as though all citizens of the state, and especially outdoorsmen, are responsible for making the lake what it is today.
When contacted about these deviations from their contract, Lecerf responded, “Thanks for bringing this to our attention. We realized there was a CAP agreement, but not to this extent. We plan on modifying to conform with CAP.”
Anyone wishing to voice their concerns about this matter should contact the city of Maryville at (660) 562-8003 or go to their web site at www.maryville.govoffice2.com. The city of Maryville also will hold a City Council meeting on Feb. 23 for those wanting to appear in person.
Outdoors correspondent Jeff Leonard can be reached at npsports@npgco.com