An except from Michigan...

The following are excerpts from American Law Reports, Annotated, 15 ALR (2d) 754, in
which applicability of state fishing license laws or other public regulations to fishing in
private lakes or ponds is discussed.
Generally speaking, private lakes or ponds are not subject to the regulatory
power of the state wherein they are situated. Such a naked proposition,
however, is hardly adequate to indicate exactly what lakes or ponds are
included or not in the statutes designed to regulate the time and manner of
fishing in waters within the state. The term 'private waters' for the purpose
of application of the statutes presents the main problem to be considered.
19
The courts generally recognize that a lake or pond is not private so as to be
exempt from regulation merely because the soil underneath the water is
privately-owned. The main test appears to be whether the lake or pond
involved is connected, either continuously or at intervals with other bodies
of water, so as to permit fish to move to and from the two places, or
whether the lake or pond is entirely isolated. Some statutes expressly
provide that private waters are to be exempt from regulation, thus
establishing by legislative fiat a result reached by the courts by construction
of statutes not expressing such an exemption. But specifically exempt or
not, it must be determined in each special instance whether the physical
attributes of the lake or pond are such as to be deemed 'private' and thus
beyond the scope of regulation.
In accordance with the above discussion, the view has been generally taken by most
jurisdictions that fishing statutes do not apply to lakes or ponds privately owned and not
connected with any stream or other waters of the state, and this is so even though the
particular statute involved does not specifically exempt private lakes or ponds. In People
v Conrad, supra, a conviction for violating the fish law was reversed, and a statute
making it unlawful to take fish by certain means in any inland lake in the state was held
inapplicable to a private lake having no inlet or outlet with other waters.
The Court stated: "If it were connected with other lakes and streams, so that fish might
pass in and out of it, others than the owners would then have an interest in protection of
the fish in the lake." On the other hand, where a lake or pond, although privately owned,
is connected with other waters, either at all times of the year or at substantially regular
intervals, most courts, including Michigan courts, have maintained that the public has an
interest in the fish therein and that state statutes regulating the time and manner of
fishing should apply to such lake or pond. People v Horling, 137 Mich. 406; 100 NW 691
(1904) (holding that the owner of a private lake containing fish which migrate to and from
it at different periods of the year may not take fish therefrom contrary to statute); People
v Lewis, 227 Mich. 343; 198 NW 957 (1924)1
; People v Bridges 142 Ill 30; 31 NE 115
(1982); People v Doxtater, 27 NYS 481, Aff'd 147 NY 723 (1894).
Pertinent Attorney General Opinions:
Where a private lake and either its inlet or outlet is navigable in fact, the public could not
be excluded from fishing thereon; however, if the waters were non-navigable, the public
could be excluded, and in both circumstances a riparian owner is bound by the fishing
laws. OAG, 1931-1932, p. 295 (August 19,1931)
The general fishing laws of this state would govern fishing in a lake entirely enclosed by
private lands, and which has neither inlet nor outlet connected with other bodies of public
waters, where the public is permitted access via a boat livery or with permission of one
or more of the riparian owners. OAG, 1959-1960, No 2553, p. 152 (August 5, 1959)
As indicated, whether a lake comes within the purview of the statute regulating fishing
depends on whether the lake is connected with other waters so that fish can migrate to
and from the lake for any length of time during any season of the year.


Pages 13-19 seem most relevant.... http://michiganlakes.msue.msu.edu/uploads/files/FAQ%20Page/MI%20Water%20Laws.pdf