Brevard county life guard stopped me from fishing today. - Page 2

Florida Sportsman

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  1. #11
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    i wonder if the PIER called the lifeguard over ..... they're losing business when someone is fishing using their pier....but not paying. Fisherman probably see you and probalby think that they could fish from the beach and no need to pay either

  2. #12
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    I lifeguarded for brevard up till 1999. The rule was that we would not allow surfers or fishermen in the swimming area. A swimming area was defined as 100 yds of either side of where a lifeguard set a tower. We used to use flags in an attempt to help communicate where fishing and surfing could be done. All we ever did was take up 200 every couple of miles unless it was a massive tourist beach, which had multiple stands.
    If their is a lifeguard posted at the pier then it is in all likelihood off limits while a Lifeguard is present.

    The only other reasoning is that when a structure or an activity is identified as dangerous the area is closed.

    Only thing I can tell ya to do is come in before 10 or after 4:30. That tower might be fulltime/Full Season, but it could be a week-end tower so the rest of the week could be open to you.
    The reason we no longer mark the boundary with flags is because the cute little surfers would steal them.

  3. #13
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    I would think a lifeguard using his head would reason that a tourist swimming in waves under the pier would be more in danger of smashing their face into a barnacle covered piling than being in danger from a fisherman.

    Concerning that red mark on the snooks face? It got bonked by a beer bottle.

  4. #14
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    why are you fishing under the pier when everyone else fishes from it

    nice fish
    Old School Forum Member

  5. #15
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    Quote Originally Posted by Gary S. Colecchio View Post
    No. Nice fish.
    It's actually 379.105, although 104 introduces the topic:

    379.105 Harassment of hunters, trappers, or fishers.—
    (1) A person may not intentionally, within a publicly or privately owned wildlife management or fish management area or on any state-owned water body:
    (a) Interfere with or attempt to prevent the lawful taking of fish, game, or nongame animals by another.
    (b) Attempt to disturb fish, game, or nongame animals or attempt to affect their behavior with the intent to prevent their lawful taking by another.
    (2) Any person who violates this section commits a Level Two violation under s. 379.401.
    History.—s. 2, ch. 90-170; s. 27, ch. 2006-304; s. 9, ch. 2008-247.
    Note.—Former s. 372.705.

  6. #16
    Senior Member Gary S. Colecchio's Avatar
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    Quote Originally Posted by Maverick1 View Post
    It's actually 379.105, although 104 introduces the topic:

    379.105 Harassment of hunters, trappers, or fishers.—
    (1) A person may not intentionally, within a publicly or privately owned wildlife management or fish management area or on any state-owned water body:
    (a) Interfere with or attempt to prevent the lawful taking of fish, game, or nongame animals by another.
    (b) Attempt to disturb fish, game, or nongame animals or attempt to affect their behavior with the intent to prevent their lawful taking by another.
    (2) Any person who violates this section commits a Level Two violation under s. 379.401.
    History.—s. 2, ch. 90-170; s. 27, ch. 2006-304; s. 9, ch. 2008-247.
    Note.—Former s. 372.705.
    The answer is still no.
    "If I can't win, I won't play." - Doris Colecchio.

    "Well Gary, the easiest way to look tall is to stand in a room full of short people." - Curtis Bostick

  7. #17
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    Originally Posted by Slug-O
    Now doesnt Florida statue 379.104 protects the rights of hunters, trappers and fishermen from being hurrased.
    Obviously the answer is "Yes"

  8. #18
    Senior Member Gary S. Colecchio's Avatar
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    Obviously the answer is no. Local ordinance can subordinate state law by prohibiting access and fishing itself.
    "If I can't win, I won't play." - Doris Colecchio.

    "Well Gary, the easiest way to look tall is to stand in a room full of short people." - Curtis Bostick

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