Shallowminded6 Posted January 1, 2021 Report Share Posted January 1, 2021 So, been fishing the intercostal my whole life. Always been told you can fish docks, marinas and the like as long as you dont touch land. If you touch land or docks it is trespassing. The residents dont own the waters. Questioning if this is a fact or folk tale. Anybody know the law of it? I know cops may ask you to move on for their convenience of making the problem go away, but what is legal? Quote Link to comment Share on other sites More sharing options...
MuddyBottomBluz Posted January 1, 2021 Report Share Posted January 1, 2021 I actually have an artical from Florida Sportsman Magazine from years ago discussing this very issue. Bottom line is this, yes they can own the water if they pay taxes on the land under the water!? Most marina's own the land under their docks only, this is accessed by the square footage of the docks becuase they are utilizing the land under the water. Now that being said most people do not want to pay for the property tax on land underwater so that is why most devolpments that have lakes or canals or even bay or ocean front going through them surrender the land under the water to the state thus becoming public property. Check the property appraisers office, they have a map with property lines and they will extend into the water if they own the land underwater. FPL owns the land under the water in an amazing Snook hole in Miami, just get in and out before the security guards getcha! I will post the article, good read. This is only for the state of Florida. Also know that if you as a fisherman or hunter is being harrassed in the action of hunting or fishing in the state of Florida, the person harrassing you can be jailed or fined $500. It is a law on the state books. The article explains that, I will post it as soon as I can. 1 Quote Link to comment Share on other sites More sharing options...
Shallowminded6 Posted January 1, 2021 Author Report Share Posted January 1, 2021 My case today is more of a “private marina” in a subdivision. Got cussed out, even tho we were respectful, quiet, music down low, and anything you could think of not to create an issue. Interested in looking that up, have a few guide friends that fish areas all the time and tell them to F off. Might be reference to what you are saying. Always hear table talk from fisherman and not whats necessarily the right answer. Quote Link to comment Share on other sites More sharing options...
MuddyBottomBluz Posted January 1, 2021 Report Share Posted January 1, 2021 Here is the Snook hole I described, the water is encompassed by the property line, notice no boat docks at the million dollar homes, becuase FPL owns the land under the water. Quote Link to comment Share on other sites More sharing options...
Shallowminded6 Posted January 1, 2021 Author Report Share Posted January 1, 2021 So are the boat docks free game then?? Quote Link to comment Share on other sites More sharing options...
MuddyBottomBluz Posted January 1, 2021 Report Share Posted January 1, 2021 Depends, like you said, you can fish them, just don't touch them becuase then you are tresspassing. That is why you need to know the property lines, here is a shot of UM's property line on Key Biscayne, notice how the property line shows the docks only, although it is off a bit. So legally you can fish the water in and around the docks. Quote Link to comment Share on other sites More sharing options...
Shallowminded6 Posted January 1, 2021 Author Report Share Posted January 1, 2021 So if you are on a boat, not touching shore or dirt, you would be free to do as you please? Just questioning not challenging if it comes off incorrectly. Quote Link to comment Share on other sites More sharing options...
MuddyBottomBluz Posted January 1, 2021 Report Share Posted January 1, 2021 Correct, unless they own the land underwater, most don't. Like I said the guy harrassing you could have been arrested if you were on public land/water. I will post the article, that is how I became knowledgable on my rights when fishing. 1 Quote Link to comment Share on other sites More sharing options...
MuddyBottomBluz Posted January 2, 2021 Report Share Posted January 2, 2021 Hey Shallowminded6, ya know how I said I saved the article from years ago, well more like 16 years ago. You ever find that old magazine and wonder why you kept it, then you look through it and get your aha moment, well that is what happened in this case. So I scanned the article out of the magazine for safe keeping, so here it is as promised! Fishing_&_Hunting_Rights.pdf Quote Link to comment Share on other sites More sharing options...
Shallowminded6 Posted January 2, 2021 Author Report Share Posted January 2, 2021 25 minutes ago, MuddyBottomBluz said: Hey Shallowminded6, ya know how I said I saved the article from years ago, well more like 16 years ago. You ever find that old magazine and wonder why you kept it, then you look through it and get your aha moment, well that is what happened in this case. So I scanned the article out of the magazine for safe keeping, so here it is as promised! Fishing_&_Hunting_Rights.pdf 5.53 MB · 4 downloads Wow, that is some serious storage time. Thank you! Quote Link to comment Share on other sites More sharing options...
Capt. Troy Posted January 2, 2021 Report Share Posted January 2, 2021 Where you run into trouble is if the marina basin is man made. The laws get tricky there. One example I know of is Stump Pass marina in Englewood. They own the basin/submerged land and you can't fish in there. I also got a dock owner in trouble a couple of years ago. He saw me catch a big snook out from under his dock and went crazy. While we had our argument my customer was videoing the entire event. It was a little comical and the guy got so mad he tripped and almost fell in off the dock. Then he threw a lawn chair at us and sprayed me a water hose.🤔 He goes in and calls the law and the deputy shows up at the same time as my FWC buddy I had called. We got to watch the FWC write the summons for his court date on a misdemeanor charge.👍 Interfering with the lawful attempt to take Fish and Game is a criminal offense in Florida! The law was put in place when PETA started harassing hunters and fisherman years back. Quote Link to comment Share on other sites More sharing options...
Chief5130 Posted January 2, 2021 Report Share Posted January 2, 2021 Interesting read. I used to belong to a duck hunting club in NY. We leased the bay bottom from the town in the area in hunted. We were told that if someone came into the area there was nothing we could do as long as they did not touch the bottom. If they did then they could be arrested for trespassing. Quote Link to comment Share on other sites More sharing options...
jh141 Posted January 2, 2021 Report Share Posted January 2, 2021 In Biscayne Bay there are a few home owners that hire security. If they see you fishing their dock they get in a small skiff and drive around just close enough to you to be a problem. We just move on. Way to many other places to fish. In Port Saint Lucie we have been ask a couple times to just please quietly move along. We never argue, just not worth it. Quote Link to comment Share on other sites More sharing options...
MuddyBottomBluz Posted January 2, 2021 Report Share Posted January 2, 2021 My brother-in-law had a customer in Coral Gables, very wealthy area on the water. Worked late one night on the customers boat, it got dark, everytime he moved the homeowner across the canal had a motion sensor setup for when it got dark to turn on its massive sprinkler system to shoot into the water to prevent people from fishing his dock. Some people get it, some don't! When I got chased off the FPL land I told them I was going to check and sure enough, they own it and I was tresspassing. All counties have a property search on their website so it is a lot easier these days to determine property lines, in the ol'e days you had to take a persons word for it. Quote Link to comment Share on other sites More sharing options...
Capt. Troy Posted January 3, 2021 Report Share Posted January 3, 2021 7 hours ago, jh141 said: In Biscayne Bay there are a few home owners that hire security. If they see you fishing their dock they get in a small skiff and drive around just close enough to you to be a problem. We just move on. Way to many other places to fish. In Port Saint Lucie we have been ask a couple times to just please quietly move along. We never argue, just not worth it. The places I Fish used to be mangroves and natural shoreline before the rich moved in and dredged and put docks/seawalls in. This fella ain't gonna just move along. I will be respectful until they are not. 👎 Sorry. Gotta draw the line at some point or miles of what used to be natural shore line will be off limits. Cappy don't play that! Matter of fact, if your a D head I will post pictures of your dock with GPS coordinates showing every fish I caught off your dock on the WWW. You will soon have plenty of entertainment. 2 Quote Link to comment Share on other sites More sharing options...
Shallowminded6 Posted January 3, 2021 Author Report Share Posted January 3, 2021 8 hours ago, Capt. Troy said: The places I Fish used to be mangroves and natural shoreline before the rich moved in and dredged and put docks/seawalls in. This fella ain't gonna just move along. I will be respectful until they are not. 👎 Sorry. Gotta draw the line at some point or miles of what used to be natural shore line will be off limits. Cappy don't play that! Matter of fact, if your a D head I will post pictures of your dock with GPS coordinates showing every fish I caught off your dock on the WWW. You will soon have plenty of entertainment. I am in alignment with this anymore. Makes it tough to fish in high winds as well if you dont have a place to get a wind break. There was a case here in Sebastian called “joyce’s dock” where it went that way. https://www.google.com/amp/s/amp.tcpalm.com/amp/3213718002 2 Quote Link to comment Share on other sites More sharing options...
SCFD rtrd. Posted January 3, 2021 Report Share Posted January 3, 2021 Has anyone tried to look at this from the prospective of the home/dock owner? This subject has been talked about on all the typical fishing forums and you'll find lots of legitimate responses from those who own waterfront property. 1 Quote Link to comment Share on other sites More sharing options...
Shallowminded6 Posted January 4, 2021 Author Report Share Posted January 4, 2021 8 hours ago, SCFD rtrd. said: Has anyone tried to look at this from the prospective of the home/dock owner? This subject has been talked about on all the typical fishing forums and you'll find lots of legitimate responses from those who own waterfront property. I am definently open to that, thats why I am asking about the “law” and not opinion. If they are right, I have no problems with it. I do understand the uncomfortableness of having someone patrol around your property, I have had questionable individuals go down my street where I live with my lil ones. But if they arent doing anything wrong, then what? On the other side, like I said, we were quiet, respectful, decent, and law abiding. I can assure you in no way do I seem questionable(I dont assume you are saying this). Why should my rights be lessened from someone who “feels” I should not be there? Quote Link to comment Share on other sites More sharing options...
Shallowminded6 Posted January 4, 2021 Author Report Share Posted January 4, 2021 I am actively finding out if that marina is able to be fished. If I was wrong in doing so, or right for that matter. I am posting where so it isnt an issue. Would not like to see anyone(angler or home owner) in trouble for a preventable issue. 1 Quote Link to comment Share on other sites More sharing options...
Moderator Posted January 4, 2021 Report Share Posted January 4, 2021 I don’t want threads to get incendiary.. In this case, the issue crosses into Riparian Rights: a somewhat clear legal principle. On most bodies of water, Property owners have rights to the waters out an established distance from the shoreline. Permits are required to build docks. Boaters have the right to use the navigable channels. Boaters near the shore are not clearly trespassing, though. It is similar to a neighbor letting their dog dump on your yard within the right of way you don’t own. The cops can’t do much after it happens, and it is a petty issue for sure. Unless you have a boat at a dock near a spillway or a great snook area. Then you constantly have hooks broken off in your dock lines and idiots climbing on your boat to retrieve their Mirrorlures. There are definitely two sides to the issue and, as always, discourteous people ruin it for others. Some places MUST kick out fishermen. Anybody been to Robbie’s in Lower Matecumbe Key ? Schools of big Tarpons under the dock being fed mush minnows by Tourists. Some guy tosses a sardine near the dock and jumps a Tarpon.. The fish can sweep kids off the dock or slice them open with braid. Same at Bud & Mary’s. I think it’s best to use your head and avoid problems as well. If somebody hollers, steer clear and avoid that dock. He may be unstable. Old-School perspective. MM Quote Link to comment Share on other sites More sharing options...
Capt. Troy Posted January 4, 2021 Report Share Posted January 4, 2021 I agree with the the notion that some are unstable. My incident was the exact case. Throwing lawn chairs and almost hurting yourself in a fit of rage is a prime example. I also understand the issues with people being disrespectful and the hooks on docks, making noise late at night and other things. I rarely fish docks but at times your gonna be in close proximity to them and at times close just due to water depth of some of the narrow ditches along the shorelines around here. Unless my clients are really good anglers I don't even let them cast when were close enough to possibly get fouled up. But the law is the law and it is what I use as a my guidelines in this situation. Funny how some folks will come out and talk with you and others start going crazy. Actually, it's no different on land. Some folks are just nuts! 1 Quote Link to comment Share on other sites More sharing options...
polliwog Posted January 4, 2021 Report Share Posted January 4, 2021 I fish docks all the time, never had an issue. Owners that don't want you around the docks usually put dock lines or wire to prohibit casting,which I understand and move on. Usually see some fishing lines hanging down from people who try anyway,LOL. Life is too short to argue about fishing. If I don't have fun ,I quit. 1 1 Quote Link to comment Share on other sites More sharing options...
Capt. Troy Posted January 4, 2021 Report Share Posted January 4, 2021 40 minutes ago, polliwog said: I fish docks all the time, never had an issue. Owners that don't want you around the docks usually put dock lines or wire to prohibit casting,which I understand and move on. Usually see some fishing lines hanging down from people who try anyway,LOL. Life is too short to argue about fishing. If I don't have fun ,I quit. I with you on not having fun. But this one dock has a very narrow ditch that provides access to a long natural shoreline once past it. I don't even stop and the rods are in the rack as I idle by and this yahoo comes running out with the water hose going nuts. This is after he got himself a ticket for this garbage. As the mod mentioned, some people are unstable. Quote Link to comment Share on other sites More sharing options...
Sunstone Posted January 4, 2021 Report Share Posted January 4, 2021 I was fishing the in front of Bud and Mary's at the edge of the creek channel and was run off via the load speaker. Not really in the maria. Years ago I was bass fishing in a tournament on the Md Nanticoke river and ran to Del. Was fishing in some back waters where a guy had dredged out area about 25 feet by 25. He had 2 4x4's with a rope between them. I floated over the Lilly pads and was casting into the area. He had a pile of bricks and started throwing then right by me and 1 hit my electric motor shaft. I chased him to the house. Quote Link to comment Share on other sites More sharing options...
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