# Wading



## Melanie (Jun 8, 2012)

Is there anywhere in or around gulf breeze worth checking out?


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## panhandleslim (Jan 11, 2013)

The whole of the Intercoastal Waterway is good for wading, both side of Shoreline Park are good, Naval Live Oaks, ......so many fantastic spots.


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## timeflies (Oct 3, 2007)

Where can't you wade around Gulf Breeze? Plenty of places for you to get access. Start with the Naval Live Oaks area East of the beach cutoff, and Shoreline park across from city hall. That is at least a few years of water to learn to get you going.


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## tat (Oct 8, 2007)

In addition to the sound side, you can wade fish the surf side. Pick a morning with a good off-shore breeze. Should be a lot of good days in the fall once the cold front start coming down and bringing a north wind


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## Melanie (Jun 8, 2012)

Been to most of those spots. Guess my biggest concern is if it is not kosher for me to be somewhere. Proximity to piers, docks, whatever... I come from the land of "I own x feet from shore and everything above it so those trout are mine."


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## panhandleslim (Jan 11, 2013)

Kosher, Smosher. It don't work like that around here. If people are out on their dock before you arrive it's good etiquette to bypass it but they DON'T own the water and if they say anything to you, there are laws against harassing individuals who are lawfully in pursuit of fish or game. The attorneys, on this forum, can answer with the law but I don't think people own anything below the low tide mark.


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## Melanie (Jun 8, 2012)

Thank you! I steer clear if people are out. I mean, hey, I would hate to have someone interrupt me and mine relaxing or watching the sunset by fishing right by us. The people that do such things deserve to be whapped in the head with a swimming noodle. Good to know about the no harassing fishermen laws.


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## barefoot (Nov 3, 2011)

Melanie;

I do a lot of wading and I duck under docks, walk around points of land, etc. to avoid conflict w/ land owners. The legal term of land Vs. water rights in relation to ocean, sea, etc. is called: 

Littoral rights:

In United States law, *Littoral rights* refers to rights concerning properties that abut an ocean, sea or lake, rather than a river or stream. Littoral rights are usually concerned with the use and enjoyment of the shore. An owner whose property abuts tidal waters(i.e oceanfront) owns the land to the mean low water line or 100 rods below mean high water, whichever is less. The land between low water and high water is reserved for the use of the public by state law and is regulated by the state.



I'm always courteous and say hello. MOST don't bother me...sometime I'll come across some old sour puss who thinks they own the whole scene.

So, if you're ever questioned...tell them per U.S. law, THEIR LITTORIAL rights end at the low tide mark...that confuses them every time.... 

Good luck


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## panhandleslim (Jan 11, 2013)

Again, I'm not a lawyer but Florida is about as clear on this issue as laws, written by lawyers (legislators), can be.

*State Statute 372.705: 'Harassment of hunters, trappers and fishers' * *applies here*.

I'll paraphrase and selectively quote the important points: '(1) A person may not intentionally...(a) Interfere with or attempt to prevent the lawful taking of fish, game or non-game animals by another' or (b) 'Attempt to disturb fish to prevent lawful taking'....(1) '....within or on any state owned water body or other waters that are under the control of the state.' 

To do so is a 2nd degree misdemeanor, punishable as provided in S.775.082 or S.775.083. with a maximum of 60 days in jail and a $500. fine.

There has been recent case where Daytona Sheriffs were called by marina employees because a fisherman refused to heed their contention that he was trespassing and must leave the marina. When deputies arrived the fisherman indicated that he was within the law and when told to come to the bank by the deputy he refused. This caused the deputy to launch his boat and issue two tickets to the fisherman. Later the tickets were withdrawn with an apology from the Sheriff's Dept. because the fisherman was within his rights.

If you are harassed, call the FWC not any other law enforcement group who owns a boat. 

Only one thing you really have to be concerned about, in Florida, is Riparian Rights which concerns properties along streams or excavated canals or excavated basins. You should only ever encounter issues regarding canals or basins. Most developers or home owner associations that dig canals through their property into state waters deed the 'bottom' of these canals to the state and then they avoid property taxes but this is not always the case. If you are in a man-made canal or basin or an inland lake, you have to know who owns it by researching through county records. If it is privately owned, you could be guilty of trespassing. 

I know this gets confusing but I hope it helps and informs those on both sides of these questions. If you have problems somewhere, take the GoPro.


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## Melanie (Jun 8, 2012)

Thank you both. It makes sense to me after years of reading various rules and laws and fighting landowners and the TVA about riparian zones, bioswales, navigable waters, and whether or not floating OVER someone's land was trespassing. One charming guy put a chain across the river where he owned both banks. That will leave a mark floating at night.


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## panhandleslim (Jan 11, 2013)

Melanie said:


> One charming guy put a chain across the river where he owned both banks. That will leave a mark floating at night.


in

Good thing you got off Sand Mountain. They put those out for the canoes and then....well, you know what happens.


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## Melanie (Jun 8, 2012)

No worries. I always took Ned Beatty along. Figured I could run faster.


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## deltacreekflies (Oct 25, 2012)

*find a friend with a boat*

Best to find a friend with a boat and get out to spot people arent. However there are good wading spots all over. Google Earth is your friend and local LEO's dont much call anything trespassing unless you are committing a crime ie... stealing or disturbing the peace etc.....


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