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Fishing from the shore line and being harrassed

muddminnowmuddminnow Posts: 11 Greenhorn
Hello FWC Officer,
First, I would like to thank you for having a section we could post questions you could answer for us.
I work at an apartment/ condo community in Altamonte Springs Fla that is surrounded on 3 sides by a lake. This lake has several cannals that join other lakes that have a community boat ramp. Around any of the the properties, there are no "No Tresspadssing" signs posted, fences, or barriors of any kind between the different apartment/condo associations. I've had several people that have made committs to go as far as harrassing the fishermen about fishing the banks, walking on the grass of their apartment/ condo communities or other properties. I don't believe they have the right to harrass the people fishing the shore line. Other fishermen have said that if your on the shore line in the water your ok but others say your not.

Can you advise me on this.

Replies

  • GreyRiderGreyRider Posts: 61 Deckhand
    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.

    http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0379/Sections/0379.105.html
  • muddminnowmuddminnow Posts: 11 Greenhorn
    Hello GreyRider,
    Thanks for the reply. I have another question.

    Do the people that live at these communities have a wright to stop me from fishing on the shore line? None of the communities have a fence around their property, "no trespassing" signs or anything else stopping us from fishing. Is their a statute that says for example, the shore line and 10 ft (easment) from the shore line is owned by the state? In the city, there is a statute that says there is an easment from the road to a number of feet that the city has the right to be on. I'm just wondering if the state has a same type of easment around public lakes?
  • Salty Dawg44Salty Dawg44 Homosassa, FLPosts: 1,228 Officer
    An easement provides for access on private property for maintenance and repairs to roads, ditches, power lines, pipelines, etc. It does not make it public property for all to use as they please. It is still privately owned and unauthorized persons ON THE LAND would be trespassing.

    MY WORST FEAR......THAT WHEN I DIE MY WIFE WILL SELL ALL MY BOATS & FISHING GEAR FOR WHAT I TOLD HER I PAID FOR IT.......

    I may not always agree with what you say,
    but I will always respect your right to be wrong!
  • muddminnowmuddminnow Posts: 11 Greenhorn
    Well, Chaulk one up for the fishermen.
    Yesterday, I had a guy come down to the lake and harrassed me about fishing The police came out , I explained the situation, the police called the guy down to the shore line and the guy explained his issue with us fishing there. The ploice asked the guy what he saw me doing that was wrong and he said nothing, that I was just fishing. The guy even told the officers that he did this same thing on several other occations to other people fishing. The police said I had a legal right to fish and the guy needs to leave us alone. I further went as far as explaining to the guy that he was actually violating my rights as a fisherman by harrassing me, scarring the fish away and disturbing the area.
    People have nothing better to do then to get into others busness and try to boss them or bully them into doing what they want. He looked like an idiot.

    Fishermen 1 Harrasser 0
  • stokesstokes Posts: 324 Deckhand
    muddminnow wrote: »
    Well, Chaulk one up for the fishermen.
    Yesterday, I had a guy come down to the lake and harrassed me about fishing The police came out , I explained the situation, the police called the guy down to the shore line and the guy explained his issue with us fishing there. The ploice asked the guy what he saw me doing that was wrong and he said nothing, that I was just fishing. The guy even told the officers that he did this same thing on several other occations to other people fishing. The police said I had a legal right to fish and the guy needs to leave us alone. I further went as far as explaining to the guy that he was actually violating my rights as a fisherman by harrassing me, scarring the fish away and disturbing the area.
    People have nothing better to do then to get into others busness and try to boss them or bully them into doing what they want. He looked like an idiot.

    Fishermen 1 Harrasser 0

    OP 1 English Teacher 0
  • muddminnowmuddminnow Posts: 11 Greenhorn
    YEAH YEAH YEAH I know my spelling and gramer sucks but "SCORE ONE FOR THE FISHERMEN"
  • Carl SpacklerCarl Spackler Posts: 301 Officer
    Regardless of the whole grammar thing, good job!!
    The Second Amendment is a doomsday provision, one designed for those exceptionally rare circumstances where all other rights have failed — where the government refuses to stand for reelection and silences those who protest; where courts have lost the courage to oppose, or can find no one to enforce their decrees. However improbable these contingencies may seem today, facing them unprepared is a mistake a free people get to make only once. -- Judge Alex Kozinski,
  • mandaferretmandaferret Posts: 932 Officer
    Technically the neighborhood hoa has rights to set the regulations regarding fishing to whatever they please as it is their land. The FWC has no power really.
  • muddminnowmuddminnow Posts: 11 Greenhorn
    Hello Mandaferret,
    The HOA has rights to choose who is allowed to enter their property yes. I believe that you will agree if we (the fishermen) meet the regulations set up by the HOA then we can enter the property and engage in fishing with out any issue. The HOA regulation says that a person whom lives on the property can invite friends to enter and fish with out any issues provided that person has a legal fishing licence. My friend does live on the property, we both had legal fishing licenses, and so we started fishing.

    Don't think for a minuet that the FWC doesn't have any power in this situation or any other because the property is privite or not. If you have permittion to fish on privite property and someone harrasses you, your rights are being violated. I just wish the Police Officer would have written him a warning because he had admitted doing this to others before.
  • mandaferretmandaferret Posts: 932 Officer
    I'm going by what I was told by a FWC officer on the online question and answer system. I asked what the regulations were in relation to invasives and hoa regulations, and I was informed that as long as the community paid for the stocking of the pond, the FWC doesn't have jurisdiction. According to whom I spoke with, you do not legally even need a license if the development doesn't require it.
  • muddminnowmuddminnow Posts: 11 Greenhorn
    Hey mandaferret,
    This isn't a privite pond. It's part of a chain of lakes with other condos owning land on it as well as state owned property. One of the lakes has a public boat ramp as well. The FWC Biologist come out regularly and shock the lake to test the population of the fish in the lake.
    Here are some of the parameters you might want to ask them.
    1. I have permission to fish on the property
    2. I have a legal fishing license.
    3. The guy came down harrassing me and disturbing the fish.

    I think these would be of some help for your question and answer system. Let me know about it.
  • SpaceCoast SlayerSpaceCoast Slayer Posts: 3,527 Captain
    (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.

    crap.. i violated this one lol.. after some little **** blasted by me in a gheenoe 3 times in a no wake.. snuck up on him when he cut into a slough and proceeded to let my anchor fly and retrieve it about ten times while asking if he was having any luck in the spot.. :grin
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