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Surf fishermen -VS- surfers/swimmers

FishrFishr Posts: 27 Greenhorn
I had an incident today while at the beach w/ my 2 small children. We were well established at a spot & I was fishing. This guy walks out way too close for comfort, paddles out and cuts directly offshore of me. I try to cast away for quite some time, all the while he keeps paddling back in front of me, looking back to be sure he's right in front of me. Eventually an errant cast is caught by the wind & lands about 10 ft from him. He starts yelling & cussing. Comes up on the beach to cuss some more in front of my children while I pack up to leave. I only wanted to get my kids out of there. He started telling me that this is a swimming beach & I can't fish here. Is this true? Are there areas off limits to surf fishing? What is the law regarding fishermen when it comes to swimmers & surfers?

Replies

  • repairrepair Posts: 208 Deckhand
    If its an unguarded beach go for it.
    If guarded its before they get there or after they leave.
    I have to admit I am a FISHAHOLIC.
    viet vet usaf 71-75
  • Mark O.Mark O. Posts: 3,450 Captain
    You're saying if there is a lifeguard on duty that I'm not suppose to fish there?
  • GrillaGGrillaG Posts: 1,260 Officer
    depends on the beach ur on, some beaches have designated swimming areas where no surfing is allowed
  • GrillaGGrillaG Posts: 1,260 Officer
    either way, it sounds like the guy was a real ****
  • Mark O.Mark O. Posts: 3,450 Captain
    I surf fish Atlantic Beach (which is just north of Jacksonville Beach) Some swimmers and surfers but not too crowded. Really, it's never been a big problem...the few times surfers or swimmers have encroached I just fish around them...never had anyone show their ***...but would like to know which side the law is on if that did happen...
  • Renagade69Renagade69 Posts: 1,234 Officer
    From what I have been told its against the law to harass a fisherman. There are a few beaches that have local laws prohibiting fishing but it has to be posted. There is no real clarification on beach fishing in Florida statutes and there fore is legal unless posted by a City or County sign.
    Hells Bay Estero Bay Boat and Hells Bay Marquesas
  • GolferGolfer Posts: 117 Deckhand
    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.
  • Capt M BrennanCapt M Brennan Posts: 488 Deckhand
    It is against the law.

    The 2011 Florida Statutes, Title XXVIII

    NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE, Chapter 379, FISH AND WILDLIFE CONSERVATION

    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.
    Captain Mike Brennan
  • Kaptan KKaptan K Posts: 90 Deckhand
    I have the feeling if you had told this surfer that harassing a person fishing is against the law, it wouldn't help the situation. Next time, start chumming.
  • BarrellBarrell Posts: 1,305 Officer
    It is against the law.

    The 2011 Florida Statutes, Title XXVIII

    NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE, Chapter 379, FISH AND WILDLIFE CONSERVATION

    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 term lawful taking is the key here. If you were lawfully allowed to fish in that location then acording to the regs he harrassed you. As a surfer and a fishermen I always respect who is there first.
  • FishrFishr Posts: 27 Greenhorn
    Thanks for the statutes. I checked the website for county parks, turns out surf fishing is actually one of the recommended activities for that park! The guy claims to be there all the time. I will return. I will not be alone, and I will probably have a video camera in tow.
  • repairrepair Posts: 208 Deckhand
    Fishing a beach that is guarded with lifeguards on duty you will be told to move out or they will call local police.
    When they leave about 5pm its ok, thats in Palm Beach County so I'm guessing the rest of the state is the same.
    I have to admit I am a FISHAHOLIC.
    viet vet usaf 71-75
  • smallboatsmallboat Posts: 1,606 Captain
    repair wrote: »
    Fishing a beach that is guarded with lifeguards on duty you will be told to move out or they will call local police.
    When they leave about 5pm its ok, thats in Palm Beach County so I'm guessing the rest of the state is the same.

    Absolutely incorrect. We have beaches here where I have surf fished multiple times less than 200 yards from the lifeguard on his tower. They have never said anything.
  • TriplecleanTripleclean Posts: 6,570 Admiral
    If I see bathers/surfers I go up or down the Beach.... But mostly when the bite is good there isn't any Bathers/surfers
  • Capt M BrennanCapt M Brennan Posts: 488 Deckhand
    As with ant statute there is always a caveat. In this circumstance that caveat is "lawfull taking". Oftentimes municipalities may make ordinances that are more restrictive than state statutes. However, like all maritime law it seems, there is a certain fuzziness. To wit, if you are below the high tide line you are essentially in state waters, 3 miles out federal (Atlantic, Gulf 9 I think), how far out does a local ordinance extend? I think it stops at mean high tide, of course there is the issue of walking across their jurisdiction to get where you want to go. I would hate to get high priced attorneys to try and figure out that which has been hazy for generations over something so trivial.
    Captain Mike Brennan
  • Fish HaidFish Haid Posts: 8,417 Admiral
    Swimming beach? Sorry buddy, but this is actually a Butt-whooping beach!
    23895.gif
  • BUCHEADBUCHEAD Posts: 112 Deckhand
    :Spittingcoffee
    I've Got 99 Problems, But A Fish Aint One...................................................................................................................Hit Me!
  • GrillaGGrillaG Posts: 1,260 Officer
    Fish Haid wrote: »
    Swimming beach? Sorry buddy, but this is actually a Butt-whooping beach!

    :kick :rotflmao:rotflmao:rotflmao:rotflmao:rotflmao:rotflmao
  • dlagatordlagator Posts: 790 Officer
    Not too sure about the part where you can't fish if a lifeguard is on duty...I'm pretty sure that in Northeast Florida you can fish on any public beach anytime you want...
  • GeorgePGeorgeP Posts: 59 Greenhorn
    I don't want to derail the thread by changing the topic, but and old trick when there is a lifeguard is to go to the lifeguard and ask where the lifeguard would prefer people not to swim. Go fish there. Why? Lifeguards don't want people to swim where there is a rip. A rip is where you need to be fishing and the Lifeguard can see these from their elevated tower.

    Also if this South end of a North bound Mule tries his trick there, just sit back and enjoy the show as he tries to survive.
  • FrisbeeFrisbee Posts: 2,314 Captain
    the Lifeguard issue...yep they do have an area that fisherman must respect. However it is governed by local ordinance which does semi quasi-enforceable at best. I was a lifeguard for Brevard county. In this county we establish swimming areas. That area is 100yds either side of the lifeguard stand...Unless someone gets pissy we do 75yds each side. We want swimmers to be NEAR the stand.
    As to the Rip current being a place where a surfer will have trouble...you are not a surfer...the rip can be the best spot on the beach for SURFING. The waves break different over an irregular bottom contour and an outgoing current...often "different" means BETTER....and the outgoing current is a lazy surfers "people mover...ride in. float out. repeat.
  • kbkeyskbkeys Posts: 691 Officer
    a well-placed 4 oz sinker with treble hook sends a direct message.
  • The Cat's EyeThe Cat's Eye Posts: 1,681 Captain
    This story reminds me when I was once bass fishing a couple of blocks from my old house on a freshwater canal that has 30 to 40 yard wide shoulders and is commonly fished by local residents.(Snapper Creek). In fact, all of the property along this canal is fenced off from the waterway. So, while I'm casting a plug and leisurely walking along the bank for some exercise, I hear a fence gate open up about 100 yd's behind me. I turn around and see a guy emerge from his tiny townhouse backyard with a 120 lb Rottweiler on a leash. When this jerk spots me fishing he precedes to immediately unleash his dog. The dog then goes into a full charge down the bank towards me. The owner makes no effort to stop or halt the dog's charge and is actually laughing as his pet closes the distance at full bore. When the dog got to about 40 yd's from my position I dropped my rod and pulled out my 9 mm, when it reached the 30 yard mark I went into a shooting stance. Upon seeing my response, the owner now freaks out and starts running and screaming in an attempt to stop his dog from attacking me. When the dog got within about 30 feet of me and was still going in a full charge, I actually thought I might have to kill it. The dog finally came to a complete stop at about 15 feet of me. Whether it was the owner's commands or my instinct not to run or show fear, I will never know, but this very large finally dog put on the brakes about 15 feet from me. The dog then responded to his owner and did a 180 and returned to his master and obediently waited to be re-leashed. The owner then quickly disappears back through the fence gate without saying one word to me. This moron never gave it a thought that I might possibly be able to defend myself against his attack dog. Some people I suppose just hate fisherman.
    Giimoozaabi
  • sharkatak1089sharkatak1089 Posts: 6,407 Officer
    GeorgeP wrote: »
    I don't want to derail the thread by changing the topic, but and old trick when there is a lifeguard is to go to the lifeguard and ask where the lifeguard would prefer people not to swim. Go fish there. Why? Lifeguards don't want people to swim where there is a rip. A rip is where you need to be fishing and the Lifeguard can see these from their elevated tower.

    Also if this South end of a North bound Mule tries his trick there, just sit back and enjoy the show as he tries to survive.

    any surfer that is a surfer understands what a rip is and how it will not really effect them. we just paddle through them. we don't struggle to survive "in" them.

    carry on.
    I am choice.
    Please don't try to interject with reason, it only further confuses the matter.
  • BakermanBakerman Posts: 1,222 Officer
    Surfers, jet skis, divers and other fishermen often fall into the same category, .....
    Bakerman formerly known as Bakerman.
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