Why is it....

[dt5150]

that when you're out fishin people seem to buzz your boat so closely? it happens every time i go out. a couple weeks ago, i was trolling over by welch island and at least a half a dozen ski boats came zipping by at 30 yards towing skiers. people almost always have more than enough room to skirt around you, yet they get as close as they can. down by rattlesnake.. trolling along the east side 100 yards from shore and you'll have people buzz by you between you and the island when there's MILES of open water on the other side?!? i guess i just don't get it...

[Shreddy]

Originally Posted by dt5150

that when you're out fishin people seem to buzz your boat so closely? it happens every time i go out. a couple weeks ago, i was trolling over by welch island and at least a half a dozen ski boats came zipping by at 30 yards towing skiers. people almost always have more than enough room to skirt around you, yet they get as close as they can. down by rattlesnake.. trolling along the east side 100 yards from shore and you'll have people buzz by you between you and the island when there's MILES of open water on the other side?!? i guess i just don't get it...

Joined today just to post this topic? I'm sure your gripe is justified, however, I'm going to play devil's advocate. Why do fishermen feel it's necessary to fish in unnecessary places at the wrong times? The one instance that comes to mind, this year I was coming back through the graveyard on a Saturday and this guy was sitting right in the middle fishing away. He was completely reluctant to fact that the graveyard is a tight passage as it is. Was he doing anything illegal? Probably not. However, was he wrong for what he was doing? In my opinion, yes.

Sidenote, we also have guys come into our marina on their bassboats and fish using their trolling motors. There is a no fishing policy in our marina and signs are posted. Just saying...

[dt5150]

i'll agree that there's definitely fault on both sides. people do stupid things sometimes.. if you're fishing on a busy spot like you described, it's to be expected. and i would also understand other boaters getting annoyed that you're in the way. if you're gonna fish a spot like that, do it early morning or late evening when there's less traffic. i guess my gripe is with the people who get closer than they need to. why zip by someone at 30 yards when you have hundreds, or in some cases thousands of yards of open water to use. it's just a courtesy thing.

[Shreddy]

Originally Posted by dt5150

i'll agree that there's definitely fault on both sides. people do stupid things sometimes.. if you're fishing on a busy spot like you described, it's to be expected. and i would also understand other boaters getting annoyed that you're in the way. if you're gonna fish a spot like that, do it early morning or late evening when there's less traffic. i guess my gripe is with the people who get closer than they need to. why zip by someone at 30 yards when you have hundreds, or in some cases thousands of yards of open water to use. it's just a courtesy thing.

Yup, I couldn't agree more. I'm with you. However, as I used to wakeboard frequently, wakeboarders often try to find the calmest spots on the lake. Some have regular spots to go to that are calmer than others. If it was a territorial thing in this regard, I'm going to be slightly biased towards the ski boat hunting for calm waters. I'm just trying to give another perspective as to why it might happen. This very well may not have been the case.

[dt5150]

i can understand that too. seems the ones that i attract are people just going from a to b.

[Shreddy]

Originally Posted by dt5150

...at least a half a dozen ski boats came zipping by at 30 yards towing skiers.

You said here that they were towing skiers...That doesn't sound like point A to point B stuff.

Regardless, anything within 150 is illegal. Personally, I'm okay with anyone who is in control within 75 feet. Sounds like they were fairly close as 30 yards = 90 feet. I can understand your gripe as you were probably just looking for some calm fishing. Unfortunate, but not too much you can do unless you wanted to call MP. I doubt it's warranted in this case, but to each their own.

[Dave R]

Originally Posted by Shreddy

There is a no fishing policy in our marina and signs are posted. Just saying...

Isn't the lake public? I'm guessing those signs are as meaningless as the private no wake signs in the Weirs channel.

[Shreddy]

Originally Posted by Dave R

Isn't the lake public? I'm guessing those signs are as meaningless as the private no wake signs in the Weirs channel.

Interesting point. Needless to say we kick them out at any opportunity. We don't want lines in the props, and just because they're more advanced fishers doesn't give them the right to fish their considering we don't give our own members the right.

[jrc]

The funny thing about "No Fishing" signs in a marina is that they only apply to members of the marina. The entity that develops rules for the marina can have a rule that tells their members not to fish in their marina. But a member of the general public is not bound by those club rules. Any boat can legally enter by water and fish in any marina they want to.

Plus if you don't have a "No Tresspassing" sign, they can walk right in and fish next to the "No Fishing" sign.

[Shreddy]

Originally Posted by jrc

The funny thing about "No Fishing" signs in a marina is that they only apply to members of the marina. The entity that develops rules for the marina can have a rule that tells their members not to fish in their marina. But a member of the general public is not bound by those club rules. Any boat can legally enter by water and fish in any marina they want to.

Plus if you don't have a "No Tresspassing" sign, they can walk right in and fish next to the "No Fishing" sign.

Interesting fun fact. I forgot that the waters are "free" to anyone. Your point makes sense now. Needless to say, is there any way to make a marina closed to fishing to everyone including the general public?

In all honesty, it's not that big of an issue. For the 5-10 fishing boats that come in throughout the year, it's not worth the hassle of trying to keep them out "legally", if at all possible.

[dt5150]

Originally Posted by Shreddy

You said here that they were towing skiers...That doesn't sound like point A to point B stuff.

Regardless, anything within 150 is illegal. Personally, I'm okay with anyone who is in control within 75 feet. Sounds like they were fairly close as 30 yards = 90 feet. I can understand your gripe as you were probably just looking for some calm fishing. Unfortunate, but not too much you can do unless you wanted to call MP. I doubt it's warranted in this case, but to each their own.

actually it was a to b. we were on the west side of welch island when the went by. they continued heading south all the way past rattlesnake and appeared to keep going. and this was at 7 am. there were several of them so we assumed there was some kind of competition or something going on. strange to see multiple ski boats pulling skiers that early in the morning. regardless, they were way too close to the fishing boats.

[jrc]

Shreddy, rules that apply to the general public are laws. So your congressmen can help. I guess the Fish and Games could pass a rule, they have plenty of rules against fishing in certain spots. If you could come up with some safety angle the Department of Safety (Marine Patrol) could pass a rule.

The lake belongs to the citizens of NH, so they (through their government) need to restrict access.

[Dave R]

Originally Posted by Shreddy

Interesting fun fact. I forgot that the waters are "free" to anyone. Your point makes sense now. Needless to say, is there any way to make a marina closed to fishing to everyone including the general public?

In all honesty, it's not that big of an issue. For the 5-10 fishing boats that come in throughout the year, it's not worth the hassle of trying to keep them out "legally", if at all possible.

I am pretty sure there's no way. I also think the signs/requests to leave might even be illegal...

207:57 Harassment. –
I. No person shall purposely obstruct or impede the participation of any individual in the lawful activity of hunting, fishing or trapping while that individual is in a designated hunting area on public lands. No person shall enter or remain in a designated hunting area on any state lands with the intent to purposely obstruct or impede the participation of any individual in the lawful activity of hunting, fishing or trapping.
II. The provisions of paragraph I shall not apply to the actions of law enforcement officers and personnel of the department of fish and game in the performance of their official duties. The provisions of paragraph I shall not apply to any incidental interference arising from the lawful and normal activities of public land users.
III. The executive director shall adopt rules, pursuant to RSA 541-A, to administer this section and to establish designated hunting areas on public lands, if he finds that a significant interference with or disruption of a hunt is likely to occur on those lands.
IV. Any person violating the provisions of this section shall be guilty of a violation.
Source. 1989, 308:1, eff. May 29, 1989.

[Shreddy]

Originally Posted by Dave R

I am pretty sure there's no way. I also think the signs/requests to leave might even be illegal...

207:57 Harassment. –
I. No person shall purposely obstruct or impede the participation of any individual in the lawful activity of hunting, fishing or trapping while that individual is in a designated hunting area on public lands. No person shall enter or remain in a designated hunting area on any state lands with the intent to purposely obstruct or impede the participation of any individual in the lawful activity of hunting, fishing or trapping.
II. The provisions of paragraph I shall not apply to the actions of law enforcement officers and personnel of the department of fish and game in the performance of their official duties. The provisions of paragraph I shall not apply to any incidental interference arising from the lawful and normal activities of public land users.
III. The executive director shall adopt rules, pursuant to RSA 541-A, to administer this section and to establish designated hunting areas on public lands, if he finds that a significant interference with or disruption of a hunt is likely to occur on those lands.
IV. Any person violating the provisions of this section shall be guilty of a violation.
Source. 1989, 308:1, eff. May 29, 1989.

Interesting information. Guess I'll know that for the future!

Let's try this, if my boat is tied up to my dock, can I fish in my marina if we have imposed rules against fishing in the marina? If not, I'm sure I could untie from the dock and simply put down an anchor and fish, correct? I'm just curious, I don't really fish much.

[Dave R]

Originally Posted by Shreddy

Interesting information. Guess I'll know that for the future!

Let's try this, if my boat is tied up to my dock, can I fish in my marina if we have imposed rules against fishing in the marina? If not, I'm sure I could untie from the dock and simply put down an anchor and fish, correct? I'm just curious, I don't really fish much.

Legally, I'd say you'd be fine. I doubt it would make you many friends there though...

[jrc]

Originally Posted by Shreddy

Interesting information. Guess I'll know that for the future!

Let's try this, if my boat is tied up to my dock, can I fish in my marina if we have imposed rules against fishing in the marina? If not, I'm sure I could untie from the dock and simply put down an anchor and fish, correct? I'm just curious, I don't really fish much.

No you can't fish in either of these situations. You agreed when you rented/bought your dock to follow the marina rules. If they imposed a rule against fishing in your marina, you must follow those rules. The general public never agreed to those rules, so they don't have to follow them.

Now breaking a marina rule is not breaking a law, so the police or Fish and Games people won't bother you. The management of the marina can do whatever they do to rule breakers.

[GM doc]

Originally Posted by jrc

No you can't fish in either of these situations. You agreed when you rented/bought your dock to follow the marina rules. If they imposed a rule against fishing in your marina, you must follow those rules. The general public never agreed to those rules, so they don't have to follow them.

Now breaking a marina rule is not breaking a law, so the police or Fish and Games people won't bother you. The management of the marina can do whatever they do to rule breakers.

So how much of the area does the marina OWN of the water? This would be a very ugly court case if a "member" was NOT TIED to the dock and was fishing.
I KNOW what I am going to do next year.
So if the marina hassels me while fishing, THEY are breaking the law correct?

[jrc]

GM, as you imply from your question, the marina owns none of the water. So you are right, it's not really clear what a member can do when their club has a rule against fishing in the marina. I guess it depends on the club's definition of "in the marina". Tied to a dock seems like it is obviously in the marina, but floating free or anchored it becomes more subjective.

I doubt this ever gets to a court case, it's all about breaking rules you agreed to. If the rules are unclear or unbearable then you shouldn't really agree. The club should clarify the rules if they want them followed.

[Dave R]

Originally Posted by GM doc

So if the marina hassels me while fishing, THEY are breaking the law correct?

I think they are. A friend of mine is an educator for NH Fish and Game and he said F&G is quite strict about this sort of thing. He said they will prosecute for things like posting "No Hunting" signs on property that you don't own.