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Wading Docks

RyancRyanc Posts: 81 Greenhorn
I was wading the Banana River at the Pineda Causeway with a friend of mine yesterday and ran into an issue with a home owner there(southwest corner, maybe 5 houses down, pink house lol). Ive been wading a while now, and have never run into any issues, most everyone has been pretty friendly. Anyways, we were wading around some docks and up maybe 15 feet from shore by some rocks on the shoreline and this guy comes out yelling at us and says that we are on his property and we need to leave. With that attitude we just said ok and kept on wading. But the guy continued and kept saying we had to get off of his property and threatening to call the authorities on us. I informed him that he did not own the water and that we were doing nothing wrong. He told us that his property line extended into the water. He kept going and his attitude didnt sit well with me so I said, "Ya know, you dont have to be a d*** about this." (maybe not the best choice of words). That made him mad and he asked me what I said, so I obliged and repeated :) and told him that if he's commanding so much respect that he should probably show a little himself. I said we arent bothering anything and we are not doing anything wrong. So he goes inside and gets his camera and starts taking pictures of us and comes out on his dock and is getting closeups of us. I told him Id smile for him if he would like :) Nothing came of it, but I just want to make sure that we were not at all in the wrong here.

Replies

  • Roc N RolRoc N Rol Posts: 1,352 Officer
    From what I can tell his land stops at the water's edge. Just stay off his dock and the next time he hassles you tell him you will call the law on him. He is the one breaking the law.
  • MackokidMackokid Posts: 918 Officer
    Ive run into this same problum in the same are, heading north instead of south. They lease the land under the dock, not out in the open water. You must walk around the dock, you cant walk under it. Thos dip-sh1ts have nothing better to do than complain about crap. Its crazy.
    "History is much like an endless waltz; the three beats of war, peace, and revolution continue on forever" -Mariemaia Kushrenada
  • MackokidMackokid Posts: 918 Officer
    Title XXVIII
    NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE
    Chapter 379
    FISH AND WILDLIFE CONSERVATION
    View Entire Chapter
    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.


    I got this from another posting. He should be held accountable for his actions.
    "History is much like an endless waltz; the three beats of war, peace, and revolution continue on forever" -Mariemaia Kushrenada
  • pupraiserpupraiser Posts: 10,261 AG
    It varies but some folks can own out into the water. They don't own the water...they own the land under the water. So technically you can't wade.

    People can be pretty protective of the area around their dock since they've probably had something stolen off of it or their boat.
  • pupraiserpupraiser Posts: 10,261 AG
    Mackokid wrote: »
    Title XXVIII
    NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE
    Chapter 379
    FISH AND WILDLIFE CONSERVATION
    View Entire Chapter
    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.


    I got this from another posting. He should be held accountable for his actions.


    Unless you were trespassing. :)
  • RyancRyanc Posts: 81 Greenhorn
    Thanks for that information! Where can I find out if that is owned or leased by the homeowner?
  • Roc N RolRoc N Rol Posts: 1,352 Officer
    I believe the only way they own the land and water is when there dry land was dug out for the water to fill in for the making of a marina or canals for housing subdivisions. Next time you see fwc officer ask them about the area, they will probably know if you can wade there. My bet is yes you can.
  • CWO3CWO3 Posts: 19 Greenhorn
    I wade up here in the Banana River and have never had a problem, but mostly condos where I fish. You are always going to have jerks out there. Best thing is to just smile and wave, tell him to have a nice day. Act like you have a hearing problem. He yells at you to leave, just yell back "No I'm a Gators fan myself, but should be a good game." Cup your hand around your ear like you are trying to hear what he's saying. Keep smiling, though. Or you could just tell him to call the cops and stand there and wait. I honestly don't believe the cops are going to give him the time of day. Anyway, don't lose any sleep over it and don't let him get you upset.
  • FrisbeeFrisbee Posts: 2,315 Officer
    The real D1ck is our government. You'd think they'd make it clear cut...at the least step in a clarify the issue. Someone could get hurt.
  • LODI QUACKERLODI QUACKER Posts: 149 Deckhand
    Did you really say that?


    You sound like the same type person that this property owner is.

    Do you keep the little neighborhood kids baseball when it comes in your yard?


    The guy is a jackwagon op, ignore him!!!!! Ignore the dock owner as well. HA!
  • CWO3CWO3 Posts: 19 Greenhorn
    Cytranic wrote: »
    In south Florida you own 10-15 feet off your dock in some areas. Every area is different. If you had to walk through his property to get to the water, that's also trespassing. Calling the guy a **** is a sure way to **** him off. Its his property, there are plenty of places to fish, respect the guy and move.

    He didn't say he had to walk through the guy's property. We aren't in South Florida either. If the guy doesn't own the water, which somebody has yet to prove, then he has no right to be yelling at anybody. I have little respect for someone who goes off the deep end yelling at me. Maybe if he came out and had an intelligent discussion like an adult so we could discuss his concerns, I would give some respect. Respect goes both ways.
  • rollin904rollin904 Posts: 15 Greenhorn
    Cytranic wrote: »
    I was going to say, contesting someones property and calling them a **** with Florida's shoot first law is a stupid thing to do. This could have been a much sadder story.

    :grin I'm sure it was just a fired up old geezer...I would've done the same thing as OP.
  • RyancRyanc Posts: 81 Greenhorn
    CWO3 wrote: »
    He didn't say he had to walk through the guy's property. We aren't in South Florida either. If the guy doesn't own the water, which somebody has yet to prove, then he has no right to be yelling at anybody. I have little respect for someone who goes off the deep end yelling at me. Maybe if he came out and had an intelligent discussion like an adult so we could discuss his concerns, I would give some respect. Respect goes both ways.

    I used a public access to wade to the area that was claimed to be "his property". I realize, and stated that what I said was probably not the best choice of words but as CW03 said, its hard to have respect for someone who just comes out yelling rather than being a decent human being and starting an intelligent conversation.

    And I didnt say he WAS a d***, I said he was BEING a d***. LOL Ive used that to try and get out of trouble when saying that a GF was being a b***h :)
  • SCFD rtrd.SCFD rtrd. Posts: 1,390 Officer
    You can find out if the guy owns the land under and around his dock by looking on the property appraisers web-site. If you find out that you were wrong, that he does own the land, then you should go back and apologize for trespassing. If he does own the property, then he has every right to yell at you. After-all you were on his property. The right thing and smart thing to do next time is to move to another area.
  • silverwingsilverwing Posts: 1 Greenhorn
    I understand the point of view from both sides of this issue. As a fortunate owner of more than 300 beautiful feet of shoreline on Terra Ceia Bay, with a long deep water dock which attracts a lot of wonderful fish, I have waders working the waters directly in front of my home all the time. They have a right to enjoy the natural treasures the Florida coast line has to offer. But when they climb on my dock to use the hose, leave stray mis-cast lines and lures trailing from the railings, hang on the electrical and water conduit running beneath the deck and carelessly discard cans, bottles and wrappers for me to pick up which happens every weekend, I draw the line. Having had 1800 feet of copper wire stripped out of the dock by some moron for scrap value, I guess I get a little sensitive about traffic around my property. It's also a documented fact that too much wade fishing can disturb the natural bottom ecosystems on which fish feed and thrive. So, my only request is, show some respect for the property owner and the environment. Maybe we can all get along then.
  • BinderBinder Posts: 3,997 Captain
    Nice first post... A little late though
  • BrassyHookerBrassyHooker Posts: 292 Deckhand
    Address of said Pink house, this could be fun



  • screamin seamanscreamin seaman Posts: 1,492 Officer
    28.203203,-80.635103


    And most of the bottom around these parts is sand/mud. Not sure how much damage foot traffic can do to that...
    Signature
  • ShineShine Posts: 835 Officer
    Have a look at your county property appraisers website. Often, these will show property boundaries. As mentioned, unless this is a canal dug out of what was once solid ground, the area would be considered publicly accessible under section Xs11 of the Florida Constitution. Even areas under old grants where the sea floor is privately owned, common law would provide they are open to public use such as fishing and boating.

    At times, as with marinas and fishing piers, the “footprint” of the structure is granted a “sovereign submerged lands lease” from the Governor’s Cabinet. Even if an area is covered in this category, areas around the pier would generally not be included.

    In general, a resident residing on a navigable waterway and has a dock “warfed out” to navigable water would almost always be in Public Trust waters, open to use by the general public.
  • screamin seamanscreamin seaman Posts: 1,492 Officer
    We, the forum, win this battle. The OP is in the clear!
    Signature
  • FLTXhunterFLTXhunter Posts: 516 Officer
    So i was like 14 years old, struggling with the same dilema that most all 14 year old boys struggle with.....doing things that got me in to trouble, but also trying to find my way and find the right path. I found fishing and it not only turned me around, it changed my whole life. I lived to fish. It saved me. It became a passion and i never looked back at that trouble stuff again. I can remember my father (who didnt fish, never did and still doesnt), taking me out every night in a rubber zodiac to fish the lights in SWFL for snook, Jack, and ladyfish. He put up with the heat, the mosquitos, the rain...all of it....just so his boy who loved to fish, could fish. And, to this day, i distinctly remember him rowing the raft up to within 20 feet of someone's dock (the limited range of my cast with a flyrod), to cast my fly at some feeding snook, only to see some guy come running out of his house, yelling at us to leave and get away from his property. He was so aggressive in his message that as a kid, i had no idea what to do. He ran back inside, and shut the dock lights off. That ended all chances of that 14 year old kid ever catching one of those snook that night and re-living the memories over and over for years. I learned to HELP people do what they love to do that night. Some people just flat dont get it. When i own a dock one day, you can wade and fish it anytime.
  • Panfishangler1Panfishangler1 Posts: 885 Officer
    FLTXhunter wrote: »
    So i was like 14 years old, struggling with the same dilema that most all 14 year old boys struggle with.....doing things that got me in to trouble, but also trying to find my way and find the right path. I found fishing and it not only turned me around, it changed my whole life. I lived to fish. It saved me. It became a passion and i never looked back at that trouble stuff again. I can remember my father (who didnt fish, never did and still doesnt), taking me out every night in a rubber zodiac to fish the lights in SWFL for snook, Jack, and ladyfish. He put up with the heat, the mosquitos, the rain...all of it....just so his boy who loved to fish, could fish. And, to this day, i distinctly remember him rowing the raft up to within 20 feet of someone's dock (the limited range of my cast with a flyrod), to cast my fly at some feeding snook, only to see some guy come running out of his house, yelling at us to leave and get away from his property. He was so aggressive in his message that as a kid, i had no idea what to do. He ran back inside, and shut the dock lights off. That ended all chances of that 14 year old kid ever catching one of those snook that night and re-living the memories over and over for years. I learned to HELP people do what they love to do that night. Some people just flat dont get it. When i own a dock one day, you can wade and fish it anytime.

    I think you just became my new fishing buddy!:USA
    Panfishanglersigdownsized.gif
  • sk018sk018 Posts: 2,958 Captain
    Next time he wants to take a picture give him the Brain
  • blue flagsblue flags Posts: 45 Deckhand
    silverwing wrote: »
    I understand the point of view from both sides of this issue. As a fortunate owner of more than 300 beautiful feet of shoreline on Terra Ceia Bay, with a long deep water dock which attracts a lot of wonderful fish, I have waders working the waters directly in front of my home all the time. They have a right to enjoy the natural treasures the Florida coast line has to offer. But when they climb on my dock to use the hose, leave stray mis-cast lines and lures trailing from the railings, hang on the electrical and water conduit running beneath the deck and carelessly discard cans, bottles and wrappers for me to pick up which happens every weekend, I draw the line. Having had 1800 feet of copper wire stripped out of the dock by some moron for scrap value, I guess I get a little sensitive about traffic around my property. It's also a documented fact that too much wade fishing can disturb the natural bottom ecosystems on which fish feed and thrive. So, my only request is, show some respect for the property owner and the environment. Maybe we can all get along then.

    I have fished literally thousands of docks, from boat and wading. Wading a stretch of docks on a flat causes about as much damage as a single tailing red stirring up the bottom for crabs. Now I have heard complaints on multiple occasions of dock fishing while wading. Ironically enough I frequently find the same people who will yell at someone wading will welcome boat traffic with smiles and waves. So here is my main point. Everyone complains about being stolen from, wouldn't it be more logical that it is in fact the people on boats late at night stealing from your docks?
    Not the poor soul thats more concentrated on not stepping on a stingray or rock than what he can steal. No one owns the water and if you really have that much of a problem with someone fishing your dock close your blinds.
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