tresspassing?

[bigfish1965]

I've not ever left a hook in a dock nor been unfortunate enough to get into someones canvas.

That doesn't mean I have never got snagged on a dock anchor, I just use strong enough line to straighten the hook out.

Fish live near structure. 99% of structure on most lakes is some kind of shoreline. Losing lures happens.

I never cast near dock ladders..that is a bit too risky to me.

 

However we all own the water and we must not let anyone push us out.... ( I am starting to sound like the NRA here, so I will stop)

[DRIFTER_016]

True enough but there are still hooks to set in waiting for the summer's swimmers. My brother’s personal best at his dock was about an eighty pound grandchild.

The way he's been trying to handle this; is by explainning about the kids swimming and then try and point the fishers to another spot, where they may have some luck; his neighbor’s dock. LOL

 

 

Dan.

 

 

FYI

A marina is not a place to be swimming.

Marinas are for boats, beaches are for swimming.

[cram]

I completely agree about fishing off docks. To me it is rude. Legally in the right, but a bit rude nonetheless. The exception is on rivers and constrained waterways where you're fishing off of docks regardless of where you are.

 

Also agree that its no excuse for the guy to fly off the handle, especially with a young kid in the boat. That is ridiculous.

 

 

Wanted to add.....i don't think this applies to crappie fishing off of an absent marina. Moreso around inhabited docks.

[cram]

FYI

A marina is not a place to be swimming.

Marinas are for boats, beaches are for swimming.

 

Pretty sure he's referring to his own personal dock. I know i swim off of mine all the time. And, have taken more than one fugitive lure off the swimming ladder.

[Big Cliff]

OK, as always there are two sides to every story.

 

My property is assessed at $1200.00 for every linear foot of shore line that I own and I have to pay taxes on that. I do believe that I should have the right to enjoy my waterfront without interfearance from people who don't live here or pay the taxes on my property or shore line.

 

Now, that being said anyone in a boat does have the right to fish in front of my place and I never object to that when it happens, in fact I will often go down and say hi to them but if my family want to fish off the dock or swim I would expect the people in the boat to move off and allow me to use that area as a common courticy. I can't move my shore line!

 

I have also seen some land owners getting very frustrated lately. they like to go down to their dock with their kids and catch a few fish. One very small bay in particular has been getting pounded lately by boat loads of people who move in like a swarm of black flies (last saturday five boats with 3-5 people on each boat)and they don't leave until there are no fish left in the bay. Do they deserve respect? Not if they don't respect that the land owner should be able to enjoy the water too.

 

If you were out in the middle of the lake anchored and catching fish and all of a sudden 5 boat loads of people moved in on you to the point where you couldn't continue fishing would you be upset? I expect you would! Same differance except you could move, the land owners can't! (or at least shouldn't have to).

 

That being said, no one has the right to be an A hole and make a little kid cry! If he had asked you nicely, would you have moved off?

[DRIFTER_016]

Pretty sure he's referring to his own personal dock. I know i swim off of mine all the time. And, have taken more than one fugitive lure off the swimming ladder.

 

Possibly but the OP said he was fishing in an empty marina not in front of a cottage owners dock.

It's comparing apples to oranges.

[Terry]

OK, as always there are two sides to every story.

 

 

 

well if truth be known, there are always 3 sides to every story...yours, his and the truth...LOL

 

I agree with what you say, however I have had on or then one occasion when I was fishing an empty dock the owners run down to the dock yelling and making noise and trying to get their dog or kids to jump in the water to stop the evil fisherman from raping the fish that hang near his god given dock..

in over 30 years of flipping I have never chipped a boat on a dock or left a hook behind..however I have caught a dock but always stop and remove the hook

[cram]

well if truth be known, there are always 3 sides to every story...yours, his and the truth...LOL

 

I agree with what you say, however I have had on or then one occasion when I was fishing an empty dock the owners run down to the dock yelling and making noise and trying to get their dog or kids to jump in the water to stop the evil fisherman from raping the fish that hang near his god given dock..

in over 30 years of flipping I have never chipped a boat on a dock or left a hook behind..however I have caught a dock but always stop and remove the hook

 

Many of us are pretty good fishermen (and fisherwomen) who can likely cast to and around a dock and not leave a mess behind....but i bet we're the exception more than the rule. I bet 3/4 of my friends couldn't cast near a dock or boat without hitting it.

 

While land and dock owners don't own the water, and its in our legal right to fish wherever we want....do we REALLY need to go fishing around someone's dock? I *get* that they hold bass....but so do a million other types of structure. Fishing for me is larely about being out in nature...the last thing i want to do after driving 3 hrs north is park myself in front of someone's dock when there's miles and miles of relatively pristine wilderness to take advantage of.

Edited April 28, 2010 by cram

[Dave Bailey]

The officer must make a 'lawful order'. He is not allowed to create new laws. only enforce existing ones. He couldn't tell you to drop your tackle in the lake then charge you for not doing it. What would the officer charge you with anyway?

 

 

Sounds logical.

[Terry]

Many of us are pretty good fishermen (and fisherwomen) who can likely cast to and around a dock and not leave a mess behind....but i bet we're the exception more than the rule. I bet 3/4 of my friends couldn't cast near a dock or boat without hitting it.

 

While land and dock owners don't own the water, and its in our legal right to fish wherever we want....do we REALLY need to go fishing around someone's dock? I *get* that they hold bass....but so do a million other types of structure. Fishing for me is larely about being out in nature...the last thing i want to do after driving 3 hrs north is park myself in front of someone's dock when there's miles and miles of relatively pristine wilderness to take advantage of.

 

I know people that have won thousands of dollars in tourneys fishing docks..on some lakes it is the best structure on some lake the only structure on the lake..and crappie it's the number on place to catch them in the spring........what do you like to fish, rivers maybe....lots of people don't like everyone on the rivers fishing, why no wait till the fish make it to the lake and fish it there after all do you really need to walk the river for steelies and browns and .the others ..I am kidding.. but same thing in my eyes......

[fish_fishburn]

I'm a bass fisherman and I fish docks quite often. I usually wait till mid-day when the sun is high and the docks provide good shade. Up here in my area I have never had a landowner come out and give me heck for fishing his dock. They sometimes come out and ask questions about my bassboat or what bait i'm using and there very pleasant. I love skipping tubes under docks or boats. In the event of getting snagged on a dock and it happens once in a while I get out of the boat and go on the dock and get my hook, no problems. Lots of times they are watcing me from there cottage or deck and I just wave to them and they wave back. Maybe were just a little more civilized up here.haha. P.s. if they are sitting on there docks or people are swimming there I don't want to fish there dock anyways and just exchange pleasantries and move on.

[singingdog]

OK, as always there are two sides to every story.

 

My property is assessed at $1200.00 for every linear foot of shore line that I own and I have to pay taxes on that. I do believe that I should have the right to enjoy my waterfront without interfearance from people who don't live here or pay the taxes on my property or shore line.

 

Now, that being said anyone in a boat does have the right to fish in front of my place and I never object to that when it happens, in fact I will often go down and say hi to them but if my family want to fish off the dock or swim I would expect the people in the boat to move off and allow me to use that area as a common courticy. I can't move my shore line!

 

I have also seen some land owners getting very frustrated lately. they like to go down to their dock with their kids and catch a few fish. One very small bay in particular has been getting pounded lately by boat loads of people who move in like a swarm of black flies (last saturday five boats with 3-5 people on each boat)and they don't leave until there are no fish left in the bay. Do they deserve respect? Not if they don't respect that the land owner should be able to enjoy the water too.

 

If you were out in the middle of the lake anchored and catching fish and all of a sudden 5 boat loads of people moved in on you to the point where you couldn't continue fishing would you be upset? I expect you would! Same differance except you could move, the land owners can't! (or at least shouldn't have to).

 

That being said, no one has the right to be an A hole and make a little kid cry! If he had asked you nicely, would you have moved off?

 

On one hand I hear what you are saying. On the other hand, you knowingly bought land that shares a border (the lakefront) with public space (the lake). It's a little like buying a place that borders a public park, then getting upset that folks are playing baseball right outside your yard. My property borders a snowmobile trail on an old railbed. I really wish that those folks would stop snowmobiling right past my place at all hours of the night, but I knew what I was getting into when I bought the place.

[solopaddler]

I agree completely with DanD and Cliff's sentiments.

 

I could easily see how a steady stream of anglers flipping at ones dock would drive someone around the bend.

 

If it was that much of a problem I wouldn't confront anybody though.

 

I'd sell and buy a place further north where I never get bothered.

 

Which is exactly what I did.

[cram]

I know people that have won thousands of dollars in tourneys fishing docks..on some lakes it is the best structure on some lake the only structure on the lake..and crappie it's the number on place to catch them in the spring........what do you like to fish, rivers maybe....lots of people don't like everyone on the rivers fishing, why no wait till the fish make it to the lake and fish it there after all do you really need to walk the river for steelies and browns and .the others ..I am kidding.. but same thing in my eyes......

 

The day our moral fabric comes from what happens in fishing tournaments is a sad day.

 

I have been sitting on my dock, fishing, and a boat comes along the shore and starts casting to my dock while i'm on it casting out. My cottage is on a lake that's 10 miles long and 3/4 of the shoreline is uninhabited....no need to cast to my dock while i'm using it. And, no need to leave lures and hooks in my swimming ladder just because there's good fishing beneath it.

 

Just because they do it on tv, or in tournaments....doesn't make it polite.

[Harrison]

I fish docks almost exclusively on certain lakes and won a few sheckles doing so. I have run into all types of land owners. Some nice, some not so nice, and some plain evil.

 

I try 110% to be as careful as I can and if I do snag up, I WILL get it. Even if I have to jump on the dock to do so. I always have an extra bag of plastics on the deck to throw incase I run into kids on shore or a half decent owner who comes down for a chat.

 

Then there is ethics and simple manners too, unfortunately this can be lacking on both sides. If someone is fishing on their dock, you swing way wide, wish them luck and move on.

 

There are no style/kind/depth of dock that won't be fished by someone. I know some owners rap there docks in rope and others snags to deter guys. I actually look for those docks to fish, more structure for them.

 

Cliff, it is frustrating, and I pretty sure I know your dock if your just up from the mouth of GB, there is no fish in the area! lol

 

One owner had a sign on his dock that said something along the lines of "hook free zone, Kids Swimming" I thought it was a good idea. May not stop people, but maybe make them a little more conscience.

Edited April 28, 2010 by Harrison

[jimmer]

Many of us are pretty good fishermen (and fisherwomen) who can likely cast to and around a dock and not leave a mess behind....but i bet we're the exception more than the rule. I bet 3/4 of my friends couldn't cast near a dock or boat without hitting it.

 

While land and dock owners don't own the water, and its in our legal right to fish wherever we want....do we REALLY need to go fishing around someone's dock? I *get* that they hold bass....but so do a million other types of structure. Fishing for me is larely about being out in nature...the last thing i want to do after driving 3 hrs north is park myself in front of someone's dock when there's miles and miles of relatively pristine wilderness to take advantage of.

I'm with you on that. Nothing like getting away from it all and enjoying nature. As much as I believe anglers should be able to fish docks, it's definitely not for me, I avoid them like the plague in most cases. I have found myself trailering the boat to less populated lakes lately to enjoy the serenity of being one of the few boats on the lake. I avoid them in tournaments also, so many other places to fish and yes, I have seen many tourneys won on docks, but I still can't bring myself to having an audience when fishing someone's dock. Too many strange experiences like someone all of sudden starting to throw a frisbee in the water for their dog to retrieve. They weren't being mouthy or rude, but it was their choice if they wanted to use the water. I just moved on with a laugh and fished a different area.

[capt bruce]

Sorry guys but who or what gave you guys(landowners) the right to put a dock out into water YOU DO NOT OWN and now you think you can tie your boat up to it (further extending what you think are your rights into water YOU DO NOT OWN) and than because you have done this , my family is not allowed to go near there. My house backs onto a city park why cant I extend a long picknic table out from my fence into the park and than tell everyone you cant play ball there as my children eat their lunch at my table.Sounds crazy right , but most if not all shore line landowners think they can extend docks, tie boats up etc.Take your boat out of the water everynight like us poor taxpayers without docks , than you will not have to worry about people scratching them , take your kids swimming at a beach no fish hooks there ..You own the land the water is everyones get used to it , just beceause you are lucky enough to own shoreline gives you NO RIGHT to everyones WATER ...

[solopaddler]

Sorry guys but who or what gave you guys(landowners) the right to put a dock out into water YOU DO NOT OWN and now you think you can tie your boat up to it (further extending what you think are your rights into water YOU DO NOT OWN) and than because you have done this , my family is not allowed to go near there. My house backs onto a city park why cant I extend a long picknic table out from my fence into the park and than tell everyone you cant play ball there as my children eat their lunch at my table.Sounds crazy right , but most if not all shore line landowners think they can extend docks, tie boats up etc.Take your boat out of the water everynight like us poor taxpayers without docks , than you will not have to worry about people scratching them , take your kids swimming at a beach no fish hooks there ..You own the land the water is everyones get used to it , just beceause you are lucky enough to own shoreline gives you NO RIGHT to everyones WATER ...

 

That's just a ridiculous analogy.

[tb4me]

^^^^^^^^^^^^^^^^^^^^^^^ I second that

[cram]

third that.

[hirk]

I agree completely with DanD and Cliff's sentiments.

 

I could easily see how a steady stream of anglers flipping at ones dock would drive someone around the bend.

 

If it was that much of a problem I wouldn't confront anybody though.

 

I'd sell and buy a place further north where I never get bothered.

 

Which is exactly what I did.

This issue reminds me of the 401 sound barriers that got put up for the sole benefit of those living beside the hwy because they rasied hell with tax payers s,funny though the hwy was there before most of em,they must not have noticed it when they bought:).I've never argued with a dock owner but I assure you if someone approaches me like an ass yelling or tries to bully me off,it's not happening!!Some of these people have become impowered because they have succeeded in intimidating others,where does it end? You can't fish within 100' of my shore???The law is clear and there for the benefit of EVERYONE,they need to learn to play by the rules,if they can't except people fishing thier dock/shore line without blowing a gasket maybe they should consider a move inland.I never fish a dock people are using as a courtesy to them BTW or leave hooks.Some of these people just need to get the message that they put their dock on public property!!!

[capt bruce]

Ok I dont call it a picknic table I just extend a few boards and some planks out into the park and tie up my bikes and wagons and baby strollers to it ?? My property line is just that , A line where my property and my rights to sole use ends. If Im so wrong (and you all know its not the first time) please explain why if its water parkland and not a grass parkland I now have the right to extend my propery line out and tie all my things to it ?? Not looking for a fight ,just a straight answer in law or what ever , as I would really like to be able to extend a ,"dock" call it what you like out from my lawn onto the curb so i can tie my car to it at night as the parking in the beaches in T.O is crazy and I would like a parking spot in front of my house.The catch basin in front of my house is allways plugged and I live at the bottom of a big hill so the curb is flooded most of the time , so 90 percent of the time my car would be in water????

[DanD]

In theory any structure built on or over navigable water, would have required the approval of the Canadian Coast Guard under the Navigable Waters Protection Act.

I don’t think anyone is going to give a permit for your planks or your car’s hitching post; nor would they give anyone a permit for a dock; if it’s purposed location and construction didn’t meet the requirements set out in the regulations.

The Superintendent of Navigable Waters Protection is in Sarnia at 201 North Front St., Ste. 703, Sarnia, ON N7T 8B1. or at least it was.

 

Dan

[cram]

In theory any structure built on or over navigable water, would have required the approval of the Canadian Coast Guard under the Navigable Waters Protection Act.

I don’t think anyone is going to give a permit for your planks or your car’s hitching post; nor would they give anyone a permit for a dock; if it’s purposed location and construction didn’t meet the requirements set out in the regulations.

The Superintendent of Navigable Waters Protection is in Sarnia at 201 North Front St., Ste. 703, Sarnia, ON N7T 8B1. or at least it was.

 

Dan

 

Pretty sure you don't need approval if the dock fits under the standard guidelines in their regs, which are admittedly hard to find.

 

In short, the gov't enables landowners to extend docks from their properties (as long as they fit those guidelines, which i think have both standard size restrictions and overall restrictions on obstructing navigable waterways), but that is not ownership of the land beneath the water or the water itself.

 

It is within your legal rights to troll alongside or cast to any dock that you wish, whether there are people on it or not.

 

It is also within your legal rights to pull your boat up alongside another fisherman and drop a line. Or, within your legal rights to cast your line towards another boat as long as you're not endangering anyone.

 

I guess it all comes down to common sense, right? We all have different values on what we feel is fair/right....but i see it being pretty unanimous that the cottage/dock owners are irritated by fishermen infringing on their space when they're out on their own dock. So, even if you're legally entitled...why be a nuisance? Like Cliff said, its no different from you being on your boat and another pulling up alongside or casting to the shade under your boat. Kind of tastes the same to me.

Edited April 28, 2010 by cram

[cram]

Ok I dont call it a picknic table I just extend a few boards and some planks out into the park and tie up my bikes and wagons and baby strollers to it ?? My property line is just that , A line where my property and my rights to sole use ends. If Im so wrong (and you all know its not the first time) please explain why if its water parkland and not a grass parkland I now have the right to extend my propery line out and tie all my things to it ?? Not looking for a fight ,just a straight answer in law or what ever , as I would really like to be able to extend a ,"dock" call it what you like out from my lawn onto the curb so i can tie my car to it at night as the parking in the beaches in T.O is crazy and I would like a parking spot in front of my house.The catch basin in front of my house is allways plugged and I live at the bottom of a big hill so the curb is flooded most of the time , so 90 percent of the time my car would be in water????

 

Interestingly there's a lawyer in town who has gone to court several times with the argument that parking tickets in toronto are illegal....that you have the legal right to park your car on ontario roads, and the municipality is illegally collecting revenue from you. I don't think he's been very successful, but it is an interesting argument.

 

As for your question about the park....look at it another way. Imagine that the park is 1000 acres, but instead of finding an open spot somewhere in the park, people often park right behind your fence....for whatever reason. You're sitting there in your backyard, looking out at the people who are sitting on the other side of hte fence looking in at you....and behind them is 1000 acres of parkland to enjoy.

 

They're legally entitled...but doesn't it make you kind of go "why?".