Fishing around docks and problems with property owners

[willy green]

I fish for bass and have recently been having problems with homeowners and I see i'm not the only one that has had this problem. It is common knowledge that when your fishing for bass, docks and other structure are prime locations for bass to be hanging out. So twice this year, I have had property owners try to tell me to go away and fish somewhere else. They would say that I am on private property and that I need to move. Others have said that I need to be at least fifty feet from the dock. Now i'm not going onto their property. I'm not going onto their dock. I'm just fishing for bass and minding my own business. I always catch and release and yet there seems to be a misunderstanding between the fishermen and the property owners. I am of the understanding that I have the right to fish the ENTIRE body of water. I feel that means I could be within an inch of a dock or the shore or whatever and that as long as i'm not physically on their property, i'm ok. And it seems like the property owners don't agree. So I'm just tring to figure out who is right. Is there a minimun distance that I need to be from docks and shoreline? What about when I try to cast next to a dock and I overcast and my bait lands on the dock? Is this a problem? I bought a map of lake washington and it shows me area where bass should be and it says to hit docks so I have to think that i'm not doing anything wrong. Don't get me wrong, 99% of the property owners are friendly and don't bother anybody. I always do my best to respect other peoples property as if it was my own or better. I just want to know if i'm doing anything wrong so that I won't do it in the future. Also, what do I say to a property owner when they tell me I need to move? Usually when I see someone on a dock, I go right past it anyway, but with the situations I have had this year, people have come from inside their house to harass me. Can I get some sort of offical statement on this?

[kevinb]

Well I'm not a lawyer but I have run into similiar situations. My guess,is they can't "Legally"chase you off,so as long as your not on their dock or boat,etc. For the most part,homeowners on Tapps have been polite.I have a few that will come out of their way to say good morning and tell me of some great spots near their dock. Of coarse they're are a handful of others that feel they own the entire lake. These types are very amusing

[BassinBomber]

Great post Willy,..usually when I see owners on thier docks I'll pass it up,..I haven't had a confrontation this year so far {knock on wood} but if i did I would just let them say what they want and reel up and keep it moving,..not worth the hassle of ruining your whole outting over 1 pissed off property owner,..as far as hitting thier docks on an overcast,.hey it happens all the time,..best to avoid the dock if they are out,..I don't know the State Law on this but I think the ENTIRE BODY OF WATER is open for fishing unless of course there are posted signs that say otherwise,..and if they do come out and harrass you,..just smile,.wave and bounce,..just my opinion!

BB

[skeetrzx225]

tell them to call the cops and prove it ! i just keep fishing and turn on my selective hearing. most poeple i encounter ask me how the fishing is. there worried about us casting our hooks into there boats seats and tops .i can totally understand it . if someone hooked my seats id be pissed. if someone gets snappy with me i ignore them but if the ask nicely i say ok and procede to the next dock . theres a marina down near seward park it has no fishing signs in the water and i still fish there the guy yelled at me one time and hey you cant be fishing i told him call the cops he finally gave up.

[Anonymous]

Welcome to the boards willygreen.

I'd say fish them. Fish them all. Just make good casts when your casting at others people stuff. I have walked on other peoples docks before to undo a snag without any confrontation. Just respect their property and I'm sure most people will be ok with you fishing close to their stuff. (where the fish are hunkered down at)
I say this and while fishing Lk Sammamish with the boyz the other day, I casted right in the middle of a round tube. The kind you tow people around on behind a boat. (Don't ask me why, just a hunch, or desperation ) Luck have it, I hook into a nice smallie and now was fighting it in the circle of the tube. Luckily BigbassDez is crazy and he grabbed the net and sprawled out on this thing. After a great fight I brought the fish up to the surface in the middle of this thing and Dez netted her. If we had a video of this it would have been an instant classic. Now it's just a great memory. I thought for sure someone was going to yell at us but I'm sure they where just as amazed as we were at what was taking place. Good times.
So fish them. If you tag a fish off of someones dock (or floatation device) I'm sure they'll be happy to see what you caught.
Of coarse you will always have those angry homeowners that feel they own the lake. In that case, fish their dock longer and more often. J/K
Avoid them like the plague. But in my mind, if they are always like that to people who fish close to their dock and scare off every fisherman, then there is probably a really nice fish under there due to the lack of pressure. :thumright



fishnislife

[Anglinarcher]

The problem with land owners and docks is not new, and it is not limited to docks.

I know of several State and Federally owned lands that people have posted to keep hunters out, just to create there own private hunting area. When you turn them in, they deny that they are the ones who posted, so nothing is done. I have relatives that got tired of taking down the no hunting signs that other near by land owners are putting on their land, so they told me to hunt anyway because they sure won't press charges against me.

I don't mean to offend anyone here, but this is what I call the Californicating of America. The idea, mostly coming from California and spreading rapidly across the west, is the idea that the new people somehow should control more than what they actually own. I have even seen people that did not own land at all posting no hunting or no fishing on public land, and in fact, it turned out that they were indeed new from California.

As for the docks, if the lake is not private, than the docks are on public land as a privilege, not a right, and they can limit access from their own land only. A lawyer told me that while he would not want to take it to court; in fact, if you access from the water, you are NOT trespassing. I will try not to be the test case on this one.

[Gisteppo]

Its always nice to have both perspectives, so here is mine:



This is my dock in spring. Note the lack of lily pads. The tug is gone now, but you get the idea.

Be conscientious about your fishing. Think of it like your yard (because it IS my yard). You wouldn't mind your neighbor out there puttering around and talking with you, having a good time. Now if he threw a string with a razor sharp hook on your back deck and got it stuck, you wouldn't mind, but it wouldn't be your favorite part of the day either. No biggie if he just gets it and goes on his way.

Turn this the other direction. Imagine your neighbor is piss drunk and has a bobcat at his house that day. He is mobbing around at 5:30 in the morning, driving fast, then stopping and BSing with his bucko right out of your window. He smacks a couple tools into the fence, yells some swear words, then fires up the bobcat and smashes into your fence a few times while he retrieves a tool from your side of the fence.

Remember that its your day on the water away from home. Its my morning AT home. Yes, we can hear you talking at 5:30 (especially after I have had a shift like last night where Im operating on 3 hrs of sleep today). Yes it isn't pleasant, but it is the choice I made in living here.

Be aware of where you are. If it looks like the type of dock that you could easily get hung up in, cast a foot or two further away. Bass strike at up to 11mph, they can get to your lure if its a few feet further. Try not to hit docks, and be careful running up in the shallowest areas, as often there are kids toys, weed barrier fabric, and lost items (Im missing two chairs if anyone hooks them...) in the low water.

As long as you respect the homeowner's rights to own the property and the fact that yes, the dock is legally theirs (you can touch the water, but the dock is private property as it is attached to the main property), then there should be no issue. An a**hole being obnoxious and loud, horsing the fish into the boat and keeping a resident that you have watched for 3 years bed up and procreate, running into your dock, and blaming you for being a jerk homeowner because he isn't getting to walk on your dock is still just that, an a**hole.

Also keep in mind that homeowners are there year round generally, not just that month you are fishing. We spend countless hours repairing damage to our docks that we didn't cause ($$$) and maintaining the property around it (time). I love to chat with the guys fishing my dock, and if you aren't a jerk, Ill tell you were a 5 lb largie is hanging out nearby, as long as you put him back.

Lastly, you pay $1500/yr in taxes to have more privacy than I have with my $4500/yr taxes.

E

[2000subaru]

Well put E. Sorry to hear about your busy night. It's always nice to hear from you.

CK

[kevinb]

Good call,...by the way. I love the backyard,when's the bbq?:-"
haha, Take care

[Gisteppo]

BBQ? Maybe this fall, have an impromptu fishing party where we go catch squawfish and see who catches the most. Let's not call that a competition or a tournament, but a friendly little fishing game....

E

[Rich McVey]

I'd love to have a view like that. It would be hard to just sit on the deck and drink coffee in the morning tho... Its the lake clear enough to scuba?

[Gisteppo]

Hah, thats before the pads come in. You think I could afford frontage that looks like that all year?

30 acres of lily pads out there all summer.

Now scuba, there are some divers, but you need to be at the other end of the lake to see much. Shes a river impoundment, so current keeps the sediment suspended that the fish and the upriver suppliers disturb.

E

[racfish]

I lived along the shores of Lk Wa all my life.Some if not most fisherpersons are totally cool.But then you get the not so nice ones.They trow lures up on docks.Thats poor taste.Fish where you want but respect the people who live there all year long.I ve seen my neighbors canpy with bass lures and spoons actually stuck in his canvas.People fish and drink .Another bad thing especially when they turn into potty mouths right infront of your kitchen window.Or the guy who urinates off his boat infront of your living room window.It only takes a few rotten apples to ruin it for everyone.Allmost all property owners dont mind the bass fisherpeople as long as they are pleasent and decent about it.

[produce2troutcat]

If you want a freaky scary scene,go fish off Bill Gates's dock and get the staredown from the armed guards politely asking you to vacate the area now.

[kevinb]

If you want a freaky scary scene,go fish off Bill Gates's dock and get the staredown from the armed guards politely asking you to vacate the area now.

That would be interesting,just tell them your with APPLE.

[kevinb]

BBQ? Maybe this fall, have an impromptu fishing party where we go catch squawfish and see who catches the most. Let's not call that a competition or a tournament, but a friendly little fishing game....

E

Party at E's place!!!:dj:

[VHMLLC]

If you want a freaky scary scene,go fish off Bill Gates's dock and get the staredown from the armed guards politely asking you to vacate the area now.

now that sounds like fun. roll the video camera.
i wondered about this topic my self, there are a lot of docks in lacamas. i have not had any run ins with onwers and dont want any.
stan.:viking:

[Oky777]

This was posted on the Western Bass Clubs forums a few years back, I printed a few copies and hand them to the home owners whenever Im confronted, may even work for those pesky jetskiers that get to close too. Here's the post ....

" There is no law that allows you to fish around docks but there is no law that prohibits you from fishing there provided you are fishing from a vessel and the vessel is not anchored or tied to the shore or otherwise trespassing. Lake front owners may own the lake bed in front of their property but they do not own the water column nor the fish in it. Thus while you may not trespass on the property ( to wit the bed of the lake) you can float in the water and fish. If you are legally fishing and the property owner interferes with your fishing the property owner is breaking the law. Obstructing the taking of fish, shellfish or wildlife, RCW 77.15.210, is a gross misdemeanor punishable by a fine of up to $5000, a year in jail, or both. If you need further clarification on this rule you can contact Evan Jacoby directly as follows:

Evan Jacoby, Counsel
Fish and Wildlife Legal services
(360) 902-2930

RCW 77.15.210
Obstructing the taking of fish, shellfish, or wildlife — Penalty.

(1) A person is guilty of obstructing the taking of fish[, shellfish,] or wildlife if the person:

(a) Harasses, drives, or disturbs fish, shellfish, or wildlife with the intent of disrupting lawful pursuit or taking thereof; or

(b) Harasses, intimidates, or interferes with an individual engaged in the lawful taking of fish, shellfish, or wildlife or lawful predator control with the intent of disrupting lawful pursuit or taking thereof.

(2) Obstructing the taking of fish, shellfish, or wildlife is a gross misdemeanor.

(3) It is an affirmative defense to a prosecution for obstructing the taking of fish, shellfish, or wildlife that the person charged was:

(a) Interfering with a person engaged in hunting outside the legally established hunting season; or

(b) Preventing or attempting to prevent unauthorized trespass on private property.

(4) The person raising a defense under subsection (3) of this section has the burden of proof by a preponderance of the evidence.

[BassinBomber]

Good lookin out Oky777,..that's a wonderful reply and what makes it so great is the fact that you provide an RCW to back it up,..well done!

BB

[Anglinarcher]

So now we have both sides of the story. I sure think that Gisteppo has a great point, one I never thought of because I fish silent like a soft breeze. I won't allow drinking on my boat, or smoking for that matter, and if my fishing partners can't keep their mouths under control, they are not my fishing partners anymore.

So, keeping that in mind, I never even considered the privacy issue; WE/I should. Gisteppo, thanks for pointing out that some of us are rude ourselves.