Casting Near Boats and Docks
 

Last week a fisherman was casting by our dock and when casting his cast hit our pontoon boat. He came back on Saturday and casted right near our boat again. I asked him politely if he could cast away from our boat. He responded with words I won't repeat and casted again. That time he just missed casting into our PWC. I don't understand these people. We own 500 feet+ of shoreline so he had plenty of undeveloped land to cast around. I would appreciate your thoughts on this.

GBG, I know you, and am sure you did politely ask that the fisherman cast away from your boats. His reply was obviously born of ignorance and an entitled mentality. If he does it again why don't you pull your own rod and reel out and cast a few in his direction. Turn-around is fair play. Most fisherman I have encountered at our shores have been very conscious of our property, but it does only take one to spoil the pot.:fire:

They are looking for shaded areas under docks and boats where fish tend to stay.

Man the Guns!
 

Time to get a Starters Cannon and fire a shot. They will get the message and not return. Tried and true way of scaring off uninvited or intrusive people. LOL

This happens all of the time on Rattlesnake, they even troll in around the kids swimming and cast near them. When we ask them to stop, most wave a finger at us and carry on and we have had a few calling us elitests and spoiled because we have lakefront property.

We have had hooks in our water trampoline, boats hit the trampoline and dock, swearing at the kids for being inn the water, etc.

Unfortunately there isn't much you can do, I like the cannon idea and do have super soakers that we have used on occasion (playfully ;-) )

No matter what you do, ignorance is ignorance and you can not change it. Some people think they are always right
It will probably take a bad accident to happen before any thing is done about it. Maybe the state F&G could instruct people getting a fishing license not to cast where there are children or boats.

the lake belongs to EVERYONE and he is within his rights .
But a real big cannon going off is a grand idea

Reading your post almost makes me think you are on another lake somewhere. I don't disbelieve you, just in awe that things are so different on the same lake.

Over on Welch just a few miles west of you my experience with the bass fishermen has been nothing but respectful. I have never once in the 6 years I have lived there had any issues like you mention above.

We get fishermen daily going by casting in and around our docks and breakwater. Some are by themselves and others with their sons, daughters or a friend. All have said hello to me and my response is "hows the fishing" and "good luck", I have even recommended a certain area to cast near my dock. Sometimes a pleasant conversation takes place about the area or about fishing. I have even invited some to come up on my dock for a cup of coffee.

I have never had any hooks or lures in my boat, never had them cast near us when we were swimming, never had any of them curse at me or give me the finger, no one has ever hit my swim raft with their boat, nothing but total respect for both landowner and fisherman.

I just don't understand how things can be so different on the same lake...

I am sorry to hear of the obvious disrespect you have had on rattlesnake. Please don't send them over to Welch! :)

Dan

fishing
 

They do it all the time. Get hooks stuck in our boat lines and then jump on the dock to get them off if they don't just rip the line. Two years ago, two guys caught a nice small mouth and forgot about their boat and hit the neighbor's Cobalt while I was sitting there and watching them. It left a mark and when he came out to check on it, they took off in a big wake. Their bow numbers were reported to marine patrol but I have no idea if they followed up. I love fishing but respect other people's property more.

I have a couple tears in my boat canvas from this. It's our fault GBG, we park our boats in his way. :rolleye1:

Well if the boat docking thread is an indicator, then I have a solution. Casting skills tests as a requirement for a fishing license. Right now we don't even have a written safety test for a fishing license. We need a written test and a skills test. You can't have any yahoo operating a fishing rod without a skills test. BTW this is a joke.

Actually I would just take pictures of these fisherman and their boat with my phone. Walk out to the best spot, take their picture and wish them good luck. When you have damage, send the picture to the marine patrol.

Fishermen: Can be rude!
 

GBG: Sorry to hear about this. Hope they leave the loons alone. Many years ago, probably 15-18 years, we had come up Moultonboro Bay, and were about to anchor between State's Landing beach and the No Wake area leading to Lee's Mill... there was a bass tournament that weekend with bass boats all over the place. As we slowly moved closer to shore, a fisherman shouted to me as I was about the lower the anchor: "You're not going to anchor there, are you?" ... I thought perhaps we had mis-read the chart and there were rocks underneath us, but when I nodded yes, the fisherman said "But we are fishing here!!" Good grief.

How about if you just go out and cast across his line with some hi test line insuring that his line will break before yours and you get to reel in a possible favorite lure?
I bet that would work at least as good as firing a cannon across his bow! :laugh::laugh:

I'm a diehard fisherman and bass boat owner and I too not appreciate some yahoo chucking a 1 oz weight with hook mere inches from my boat. The lake has plenty of natural shade and structure.

Filming is a good idea if damage is occurring. I've seen some people run docking line at an angle from the end of the dock to the shore. If its a couple feet above the water it makes retrieving the bait challenging. Though they would have to remember to move the line in front of the boat when backing off the dock. :)

How about turning on ice bubblers or just starting up your boat engine to scare the fish. I'm sure they will move on quickly.

Casting near boats and docks
 

Discussions regarding the 'rights' of people on the water vs the 'rights' of people near the water always disolve into arguments which miss the point entirely.

The point is, use of the Lake brings with it the necessity to exercise common sense and basic courtesy toward both other lake users and those on the shore. Period. Say again, Period.

All the State statutes and MP enforcement would be essentially unnecessary if people were just plain nice to each other.

Have a nice day.

my experiences
 

I agree with ishoot308.

I fish from my Kayak almost every morning and I do cast around docks and boats (kind of). I have never hit a boat or dock as I know not to get too close. I would not want someone hitting my boat or dock with hooks or anything else. I never cast around swim platforms (don't want to leave a hook behind for some kid later) and I never cast with anyone in the water, or loons for that matter. Inflatables get lots of room.

I often strike up conversation with land owners (I am one too) that are enjoying their coffee, reading, painting or on their computer. I always apologize for disturbing their quiet morning. I have found this a nice way to open dialog and almost always results in friendly chatter. I have never had anyone comment about where or when or how I am fishing. I have even had multiple home owners tell me to get closer to their docks as they see 'big' fish hanging out all the time.

I do not have the patients for rude people and I believe that the onus is on the fisherman and home owner to live in harmony with one another. Either party can easily be a jerk and this makes both parties miserable.

It is perfectly legal for a fisherman to walk on and around someone else's dock (high water line). I just would not do it unless there were extreme circumstances.

I am sure there are plenty of fisherman who are real @$$es, just like I am sure the same can be said for many home owners. I am also sure that if I was more inconsiderate, I would find others to be the same.

Don't get me wrong (and I should have added to my post ) that for every bad one there are good. We have had great conversations with people fishing, swimming, paddleboarding etc and it is a great part of lake life. Its the bad ones that you remember and post about. If they stop hooking the trampoline, I'd be happy, I hate swimming that in to repair it.

But in sharing, we found aqua seal because we mix it so much, its a two part kit, so much better, easier and really works as compared to a patch kit and rubber cement. Soon it will be all covered and we will have no more leaks.

Peaceful on Welch
 

I agree with Dan (ishoot308). Everybody is friendly. We chat with the fishermen. They troll in and out of our slip and around the breakwaters. They don't catch much (the best spot is actually offshore a bit) and we don't see many repeats.

It is fun to speculate about the various forms of harassment or retaliation, (Is there a thread for this?) but none of us really expect that to work. And the landowner is a fixed target if the victim files a complaint. Better to offer coffee.

I was unaware that it is legal for someone to walk on my dock. Can you please provide the excerpt from the statutes that permit this action? I think most dock owners are unaware of this. Thanks.

I haven't heard this before? A dock is above the high water line, so I imagine it could be posted against trespassing - although few do.

Cut the line. That'll teach em'.

Fisherman Appreciate Solitude as Well...
 

Some unseen fisherman cast an Alabama rig onto my dock, snagged an upright post, and had cut or broken the line himself. The rig looked interesting, so I held my hand under it, but missed on that chance to catch it. When I eventually brought it up with a large magnet, a large bass swam right over to it!

Last season, another pair of fishermen reported "No catches all day", so I started a quote by Henry David Thoreau, "Many men go fishing all of their lives..."

One fisherman in the boat then interrupted my version with, "...without knowing that it is not fish they are after."

Kinda fun... :)

Littoral and riparian rights.

There are many of websites addressing these common laws, many with their own interpretations or clarifications. Loosely: The same common law that give the land owner the right to place a dock into public waters (with permits) and the right to have reasonable access to that dock from the water also requires the land owner to allow reasonable access to the shoreline/water up to the high water line on shore. A person walking the shoreline fishing, while below the high water line can legally cross your dock, as that dock is interfering with public access to the public water.

Of course in NH, a person can come right up on your land and are not trespassing unless the property is properly marked with no trespassing signs, making it a secured premises.
TITLE LXII - CRIMINAL CODE

Anyone who might be really concerned should read the laws carefully and possibly consult an Attorney.

As an example...lets say someone is fly fishing in waders along the edges of the lake. As they walk and wade the edge casting, they come upon your dock. They have every legal right to climb up, onto and over your dock and continue on with their legal activity of fishing.

Your dock is over a public waterway. The public has the right to cross over it if it impedes a legal activity.

Hope this helps;

Dan

Edited to add: Google "Riparian Rights" for a more in depth view.

Not just someone walking the shore either. Anyone who legally anchors their boat and walks/swims in to the landowner's property has the same right as long as they stay below the high water line.

Very few boaters or fishers would actually do this but they have the right.

Makes you wonder if they could actually use said dock and start fishing from the end of it? That part is over public waters also.

Yes they can...

Where do you go out in your kayak ?

I also fish often in the early morning from my kayak and will weave in and out of mooring fields, go near the docks and stuff but would NEVER even think of casting near anyone boat's or other property. I only cast around docks that have no boats or PWC's there. I've also only experienced good people waving or saying a simple good morning, I think if they see my intentions are good they have no problem with me being close to their house.

As for the OP, next time they come just start blasting some loud crappy music or start slapping the water with a paddle or anything that will make them think you are scaring the fish away...

I fish for smallies primarily in Alton Bay and Robert's Cove. Send me a PM if you want to join up.

I never power-cast a lure towards a boat. I may cast towards an empty dock though. I have been known to flip a jig near docks and boats (probably 5 or 6 feet away). Flipping a jig, for those not familiar, is a controlled underhand cast where you can generally pin-point your aim to the size of a dinner plate or so. This is a very productive fishing technique when the fish are lurking under docks and moored boats. I am comfortable with this approach and have never come close to hitting someone's boat.

Docks and boats can produce smallies, but rock piles and ledges, found by my fish finder are usually much more productive so that is where I fish most often.

private property on public waters...
 

So I am intrigued by the commentary that people have a right to walk on or possibly use a person's dock--which the dockowner paid for and is their private property--because it is in or over public waters.

I have waterfront property and I have a legally permitted dock and a legally permitted mooring, both of which I bought. There is a public access beach area not too far from my property and at times, some of the beachgoers have paddled their floats/air mattresses out to my mooring and tied up, floating in the water, (my boat was at the dock). When this has happened, I have said, "excuse me, that is my mooring; it's not for public use". Most times, they leave without issue. Once in a while, some 20-something will give me some lip, but eventually moves on.

I called the Moorings folks at Dept of Safety in Belmont and asked if I was actually ok in telling the floaters to leave my mooring, since it is in public waters. I was told that although the lake is public waters, the mooring is private property, since I own it, and therefore the floaters can be told to leave. I was further told that if they don't leave, I should call Marine Patrol.

This brings me back to the dock issue. Why wouldn't the same logic apply? The dock is private property that was purchased by the homeowner. If a boater or fisherman is in distress and needs safe haven, I am totally fine with them accessing and/or using my dock. If they begin to use it for their own enjoyment or amusement, they are trespassing and need to leave immediately.

MM

Thanks for the invite but a bit far to me to paddle to ;) I'm in Gilford on the Broads and usually paddle out to Welch or Diamond...

Yes it would follow that logic. The dock permit/ easement issued by the state gives you the right to place your private property on land held in a public trust. The fact that it sits on property held in a public trust does not make it a public dock.

"The New Hampshire Supreme Court has held that riparian property-owners have rights which are more extensive than those of the public generally on certain areas of the water.8 The right to “use and occupy the waters adjacent to their shore for a variety of recreational purposes” is an incidental property right associated with ownership of riparian property.9 Riparian property-owners may “wharf out” to access the water, but they may not unreasonably interfere with the public’s use of the water. Such riparian rights, however, “are always subject to the paramount right of the State to control them reasonably in the interests of navigation, water storage and classification, health and other public purposes.”10

It is a little bit like buying a dock and locating it in the middle of a state park. The dock owner may have bought the dock but they did not buy the park it is sitting on. Someone may want to play where the dock is sitting, or cross it to get to where they are going.

"......but they may not unreasonably interfere with the public’s use of the water.

Now the term 'unreasonable' is the subject of the discussion. I do not know about a person sitting and fishing from the owners dock (perhaps this is acceptable) but MP seems to find it reasonable that a person can walk across your dock to get from one side to the other, as it is in their way on a public lake.

The laws are common laws, dating back a long time, and are active in most states. I believe that different states (and judges) interpret them differently, as they do trespassing violations.

I do not think this is a big deal, or something to get excited about.

I am quite surprised to learn that dock owners have few rights. Wouldn't it be a kick to appear before the local town's tax assessment group and ask for an easement of taxes due to reduced rights of enjoyment of shore frontage?:) I've never had such issues with fishermen crossing or casting from my dock, but to read the responses given from learned posters, I am concerned that I really don't have many rights as a shorefront owner. It would be interesting to see how one of the McMansion owners handled legal trespassers, when push came to shove.

As a waterfront owner you do have more rights than the general public, e.g the ability to occupy the water adjacent to your property (with proper permits). The state through the permit process controls the "unreasonable-ness" of that access basically by approving the size and length of the dock. If you conform to the permit, Joe Public cannot come in and claim your dock is unreasonable and impedes access - by granting the permit the state has already determined it does not.

I see both sides to this story:
1.) as a bass fisherman, I firmly believe that all water on the lake is open for public use including water under a dock/boat. If a home owner were nasty to me I might be tempted to remind them of that and that the law protects my right to fish that water if that person chooses to call a Conservation Officer. BUT BUT BUT
2.) as a person that likes to enjoy my time on the water, I think it is my responsibility to respect other people enjoying the water. As such, if there is anyone around the dock (on it or in the water), I cruise on by with a friendly wave and "hi how's it going?" and ask others in my boat to not cast until we pass the area.

I like to think I extend common courtesy and expect it back. If I get unsolicited grief from a shore front owner because I dared casting to his dock when he was looking out the kitchen window (and my sons are not on board), I don't mind returning the favor.

Also, if I or someone in my boat accidentally hooks a dock or line, I ALWAYS remove the hook. I never cast (or allow my guest to cast) toward a boat that has a cloth cover or other upholstery that may be damaged by hooking.

Again, this is a courtesy issue (from both sides). I only get involved with these discussions when people suggest that they have a right to push people away from their property. Ask nicely and most fishermen will leave. Act nasty and expect back what you gave. JMHO

Most fishermen will be respectful. I do fish docks, and stay away from boats and trampolines. I never fish near people swimming. Also, we skip over areas where people obviously have swimming areas. Once and a while, we get hooked on a dock, line, or structure. We have gone on docks to remove our hooks. I think it would be worse to leave them than to go get them. If we treat each-other with respect, we can all benefit.

This thread is creeping me out talking about fishing near where people swim. See I got caught in the neck with a hook by my husband many years ago while out on our little 2 person Coleman boat. I have some issues as a result of it and cannot be near anyone fishing.....period. It was a small lure, but was caught so far in that I had to go to the hospital to have it removed, the barb part was all the way thru. About 1 inch from my jugular vein.

Now when I'm out walking my dog and people are fishing in the brook near my house, I'll move to the other side of the street. And if hubby wants to go fishing on the boat, I'll be at the other end. It kind of stinks becuase I did enjoy fishing.

Agree. As a lakefront property owner, boater and fisher, I have numerous perspectives. Most people should make an attempt to start with kindness and respect. You reap what you sow.

Unfortunately, too many people (home owners, boaters, and fishers alike) default to the negative. I feel sorry for them as life is too short to live your life in this manner.

Had this clarified by Marine Patrol once.


their answer was that you only own to the high water line..........anything else is a privilege.

I asked "So late summer when the lake is down, someone could have a picnic on my beach and no one could stop them?" The answer was YES.

I've been fishing and had people come running down their lawn screaming at me that I cant' come within 150 of their beach.......lol. I politely explain that 150 is the no wake limit and anyone can come closer at headway speed.

I have had people politely ask me if I could move along from their property and I always do. If they come at me screaming, swearing, even throwing rocks has happened..........you can bet I'll stay all day and call fish and game for sportsman harassment issues also.

I've even been told I'm "not allowed to catch MY fish" by land owners.......and I practice catch and release.

Tom

Seriously?
 

I love how this thread started out with the guy throwing the lure, having a sense of entitlement. It then quickly evolves into those bastards do the same thing to me! (emphasis added).

The entitlement turns from a waterfront property owner who feels that they own the scenery and water in front of their house, to a guy who's biggest investment is his fishing boat, to get away, and relax.

Jeeves, get the cannon and blow the common folk away from the waterfront, so I enjoy the view. Who is entitled?

Yeah, who has the chip on their shoulder? I don't know what thread you were reading, but all I read here was waterfront owners saying fish all you want, just keep your lure off my boat and trampoline.

welcoming committee
 

Our 2 Jack Russell Terriers welcome all the fishermen at the end of our dock by barking until they and probably all fish leave our dock and property line.

What problem???

Cannon Ball
 

I find that a good old' fashioned cannon ball off the end of the dock works near 100% of the time in persuading even the most aggressive trollers to bypass our dock.

Captain Quint
 

Well if the Shot Heard from the cannon doesn't work get out the mechanical lake shark. That will do it!

Casting near dock
 

We start our boat engine as if to warm it up.
A few loud revs helps.

I think "Pricestavern" is talking about the Human Cannon Ball. The one where you jump off the dock to see how big of a splash you can make.

I like that idea! :D

This is when I pull out the garden hose . . .
 

as this happens more often than I would like. Plinking off the fiberglass must bring the fish to the surface. I really do like it particularly when they leave their fish hooks and line in the bushes and trees too. Adds to that "Campy" feel.

And you are right, no matter how nicely you ask it matters not.

This is some fisherman giving the rest of them a bad name. It is really unfortunate. Same as boaters, jet skiers, land owners, etc.