# Wading around docks ok?



## Adsorbable (Dec 26, 2017)

Just curious if somebody has some info on this since I couldn't find what I wanted online  

Really want to get more into wading/sight fishing this year and there are a few spots in the bay that I would love to wade, but they are mostly around docks and I am not a trouble starter lol. Is it illegal to wade around a dock as long as I remain in the water and don't enter their property? Obviously I am just there to fish and not to be rowdy, but I also don't want to be caught off guard and get in trouble  I figured most people would just yell at me and that is when I will obviously leave, but rather know before I go out there!


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## AndyS (Nov 22, 2011)

I suppose it would depend on whose dock it is ... and by whom the dock is occupied at the time.










Just don't leave your beer bottles and other trash on the dock_ (pet peeve of mine when I lived on the water ... previous to that, I thought it was just my pickup bed some people feel is a public trash dumpster)_


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## JD7.62 (Feb 13, 2008)

Its legal, you can even walk down the beach as long as you are below the mean high tide line.

Doesnt mean all homeowners know this. Be prepared to defend yourself. Sometimes its best to politely inform them they are in the wrong and just keep moving if things escalate.


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## cody&ryand (Oct 3, 2007)

Completely legal just cannot access the water threw private property and a safe bet is just to always keep your feet wet so u r not on private property


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## Adsorbable (Dec 26, 2017)

Appreciate the info guys  I don't think any wading spot would be worth me trying to argue with anybody too much about me fishing there. I am out to relax and have fun, not get into neighborhood fights lol. Heck be nice enough and you can have the catch for your dinner.


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## cody&ryand (Oct 3, 2007)

Well be prepared to have people say something to you because they will. Just politely say that u are not doing anything illegal and if they feel the need to call the law they can. And they will not come lol


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## softbutchharley (Jan 19, 2016)

I have found some pretty feisty folks who live on various canals and do not like folks fishing near their docks. I know... too bad for them....but I AM fully aware that when I go down these canals I WILL encounter folks that feel nervous about their property. Most just glare at me. IF I was ever confronted, I would politely advise them of the law...then leave. I don't do confrontation well. Try to avoid it if I can. Plenty of places to fish. Yes I know...kinda like folks on the island here in Navarre that think they own the beach cuz they have a 99 year lease on their property. No one owns the water or the immediate shoreline or the beach. Privately. And Cody above is correct. Call LEO all they want...they won't take it. hth


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## sealark (Sep 27, 2007)

Dont assume you can. Noone owns the water. But the land under the water is owned by someone. Might be the state or homeowner. Check on that before you go. Good luck getting a answer. A maritime lawyer would be the one to ask.


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## kanaka (Oct 3, 2007)

Just keep in mind, at some time you have to duck under the dock to get to the other side of it unless you're planning to swim around the end of it.


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## Desert Eagle (Apr 25, 2012)

Has anyone ever heard of the "exclusive use" clause? Generally speaking, no one owns the water nor the adjoining property up to the high water mark, but there may be an issue on who can access that "exclusive use" property. I don't know - just repeating something I was. told.


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## FleaBag (Oct 19, 2016)

the best thing to do would be to ask the owner if you were really hell bent on fishing there. pushing the issue would be a total dick move. like having someone park in the right of way in front of your house every day. we used to get kicked out of the fwb yacht club area around the docks but it was usually worth the trouble.


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## Adsorbable (Dec 26, 2017)

Most of the spots that I plan on checking out are around public boat ramps and I don't plan to hang around docks, but sometimes it just can't be avoided to get to the right spot.

Again, I am out there to fish and not to fight with people, but I also saw some spots on my last boat trip that I just want to try too bad lol


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## cody&ryand (Oct 3, 2007)

kanaka said:


> Just keep in mind, at some time you have to duck under the dock to get to the other side of it unless you're planning to swim around the end of it.


Walking under a dock is also not illegal


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## pcolapaddler (Sep 27, 2007)

Not that the PNJ is the final authority, but this article notes that wading under or around docks is legal.

http://www.pnj.com/story/sports/2016/10/19/tips-catching-speckled-trout-dark/92418998/

I wouldn't climb on someone's dock or go onto their beach unless there was some emergency type reason.

Sent from my Frankenphone using Tapatalk


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## softbutchharley (Jan 19, 2016)

FleaBag said:


> the best thing to do would be to ask the owner if you were really hell bent on fishing there. pushing the issue would be a total dick move. like having someone park in the right of way in front of your house every day. we used to get kicked out of the fwb yacht club area around the docks but it was usually worth the trouble.


Keyword here ........ "..hell bent.." 
Great answer................


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## barefoot (Nov 3, 2011)

Absorb..

Perfectly legal to wade from here to key west if you so desire. You will have to duck under docks, talk nice to un-educated homeowners and always have FWC/LEO on speed dial and be able to recite Fl. statue 379.105. :thumbup:

379.105 Harassment of hunters, trappers, or fishers.—
(1) A person may not intentionally, within a publicly or privately owned wildlife management or fish management area or on any state-owned water body:
(a) Interfere with or attempt to prevent the lawful taking of fish, game, or nongame animals by another.
(b) Attempt to disturb fish, game, or nongame animals or attempt to affect their behavior with the intent to prevent their lawful taking by another.
(2) Any person who violates this section commits a Level Two violation under s. 379.401.


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## sealark (Sep 27, 2007)

Barefoot where does it say land it says water rights I said water does not belong to anyone unless it states it the land under the water could or could not have rights. I'm done.


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## barefoot (Nov 3, 2011)

sealark said:


> Barefoot where does it say land it says water rights I said water does not belong to anyone unless it states it the land under the water could or could not have rights. I'm done.


Sealark, Littoral rights: 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*


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## sealark (Sep 27, 2007)

#1 post example, water body


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## Chumbuster (Oct 17, 2017)

I lived in Stuart for a couple winters and there was some great snook fishing around certain docks that guys would literally come out and throw rocks at you and yell...while you were in your yak. With saltwater as long as your feet are wet you are legal, freshwater in this state could be a little different.


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## capt'n slim (Feb 8, 2008)

barefoot said:


> Sealark, Littoral rights: 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*


There are a couple of instances where the land below the waterline is either owned or leased thus making them private property. i know there's some kind of oyster thing that allows that and some other grandfathered in reason. i have a friend off east bay that actually owns the land below the water line out to a few hundred feet, but that property has been in the family for generations so im not even educated enough to read the paper work let alone understand it. but those are a handful you'll prolly never encounter. as long as your feets wet u good!


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## Tres (May 8, 2010)

Thanks to the OP for asking and to everyone else for their response. I've been wondering about this myself.


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## Adsorbable (Dec 26, 2017)

barefoot said:


> Absorb..
> 
> Perfectly legal to wade from here to key west if you so desire. You will have to duck under docks, talk nice to un-educated homeowners and always have FWC/LEO on speed dial and be able to recite Fl. statue 379.105. :thumbup:
> 
> ...


Thank you very much for this! I am actually debating on printing this one a blank business card and keeping it next to my fishing license


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## MrFish (Aug 21, 2009)

capt'n slim said:


> There are a couple of instances where the land below the waterline is either owned or leased thus making them private property. i know there's some kind of oyster thing that allows that and some other grandfathered in reason. i have a friend off east bay that actually owns the land below the water line out to a few hundred feet, but that property has been in the family for generations so im not even educated enough to read the paper work let alone understand it. but those are a handful you'll prolly never encounter. as long as your feets wet u good!


Most of Apalachicola Bay is owned and leased out.


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## nextstep (Jun 27, 2008)

land under the water can be leased. it is called a submerged land lease.
just like anything government it takes a ton of paperwork, surveys, engineering, state approval, dep, army corp.....................................
not usually done by private residence.
usually marinas and such.


whats up about not being able to walk under a dock?
i know you can't get on it. never heard you can not go under.
not saying i know you can, just wondering.


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## Solace (Apr 23, 2009)

As an owner on the water, I would prefer that you go around my pier, and not duck/wade under my pier for any reason. I would also not be happy if you decide to put your trash on my dock. Legal or not, to me it it is common courtesy to ask permission.


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## Ocean Master (May 20, 2008)

Where I live it is required to have a step on each side of our dock so waders can get over them. I live between Shoreline Park and the beach bridge.

You can wade and walk under docks anywhere that I know of. Waterfront homeowners do not own the water. We really dont own our docks. We are allowed to put them their.


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## Realtor (Oct 1, 2007)

to be honest, someone "walking" around a dock at night would creep me out. you can bet the law would be called.... think about that for a minute.... walking/wading around with no boat and apparent reason you there creeping around someone's back yard (in the water or not) in the dark, will get some kind of reaction. just sayin.... play it safe and at least get a kayak, at least someone will see a kayak and think you're fishing, but someone standing in the water in the dark, well, I know I would find that just a little odd..... but that's just me...


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## MrFish (Aug 21, 2009)

Realtor said:


> to be honest, someone "walking" around a dock at night would creep me out. you can bet the law would be called.... think about that for a minute.... walking/wading around with no boat and apparent reason you there creeping around someone's back yard (in the water or not) in the dark, will get some kind of reaction. just sayin.... play it safe and at least get a kayak, at least someone will see a kayak and think you're fishing, but someone standing in the water in the dark, well, I know I would find that just a little odd..... but that's just me...


I'd imagine you'd get used to it. I have folks walking around behind my house all the time. They come up to my fence and stare around in my yard. A lot of them have sticks in their hands.


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## Adsorbable (Dec 26, 2017)

Solace said:


> As an owner on the water, I would prefer that you go around my pier, and not duck/wade under my pier for any reason. I would also not be happy if you decide to put your trash on my dock. Legal or not, to me it it is common courtesy to ask permission.



Which I understand 110% and completely support. Trash shouldn't be left anyways and I am not trying to enter anybody's property (or step on/under the deck). I was simply wondering about wading around docks so that I can get to a decent spot thats a) safe for me and anybody around b) doesnt destroy property or natural habitat. I completely respect anybodies right to privacy though and definitely would be mad if somebody was creeping around my dock at night. During the day though if you're friendly and don't start trouble.. then let me get in on that fishing :shifty:


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## Realtor (Oct 1, 2007)

MrFish said:


> I'd imagine you'd get used to it. I have folks walking around behind my house all the time. They come up to my fence and stare around in my yard. A lot of them have sticks in their hands.


I guess so, by I find that creepy as hell.... like lurking on the property line watching you. nope, not for me... lol :blink:


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## nextstep (Jun 27, 2008)

kim?


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## JoeyWelch (Sep 25, 2009)

I like riding around these areas half on plane pushing a 3’ wake. If your wading, flag me down so I don’t fill your waders up.


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## nextstep (Jun 27, 2008)

i like flipping lures as far under the dock as i can get them.


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## DLo (Oct 2, 2007)

Get in the water where there is public access or you have permission, then go where you want, if the land under you leased and is considered private property it should be marked as such. If it's too deep to wade around, then dip under a dock, property owners can not impede your right to proceed. If someone starts in on you, be polite and let them know your just fishing, nothing else. If they keep on, or become abusive or threatening then pull out the cell phone and get some video, then call FWC. Don't instigate trouble and don't get in someone's yard and you wont be in the wrong. Courtesy and being friendly go a long way, if you see someone, throw them a wave, if they're close then say hi and complement the place or their boat or something friendly, "you have a beautiful place here, anyone been catching any trout lately?" Most people are friendly, but wary of your motivs, there are, unfortunatly a lot of turds out there looking for something to take that's not theirs. Most importantly, take some pics and post your adventures here, good luck.


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## MikeJ (Jun 29, 2012)

I have people wade under my pier on a regular basis (Florosa). If I see them I yell at them: Good Luck!


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## lastcast (Oct 12, 2007)

MikeJ said:


> I have people wade under my pier on a regular basis (Florosa). If I see them I yell at them: Good Luck!


Good on ya!


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## floorman1 (Jan 10, 2012)

*Great answer*

:thumbup:


MikeJ said:


> I have people wade under my pier on a regular basis (Florosa). If I see them I yell at them: Good Luck!


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## MrFish (Aug 21, 2009)

Realtor said:


> I guess so, by I find that creepy as hell.... like lurking on the property line watching you. nope, not for me... lol :blink:


When it warms up, most of them are drinking and cussing. I just wave and carry on with my cooking.


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## softbutchharley (Jan 19, 2016)

MikeJ said:


> I have people wade under my pier on a regular basis (Florosa). If I see them I yell at them: Good Luck!


Everyone needs a hobby eh ? Mike...I have a question...NOT dissin or sarcastic here. I am curious, cuz I talk to my brother and others on the island and asked them all the same question. Mike, did you know this would be the case when you bought your place ? If you did , did you buy with the knowledge that this would be a full time thing ? Like it happens a lot and I will be yelling at people a lot ? Curious. I know that I have passed on several parcels of land with adjoining docks cuz I don't want the hassle. I mos def like waterfront and all, but this is the kind of thing I don't want. So I have not bought. Just curious and ty for taking the time for a response.


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## Sea-r-cy (Oct 3, 2007)

Right or wrong, I personally wouldn't be walking close to or under anyone's dock in the dark. Sooner or later, someone is going to start a fight, could even turn out fatal.


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## Orion45 (Jun 26, 2008)

softbutchharley said:


> Everyone needs a hobby eh ? Mike...I have a question...NOT dissin or sarcastic here. I am curious, cuz I talk to my brother and others on the island and asked them all the same question. Mike, did you know this would be the case when you bought your place ? If you did , did you buy with the knowledge that this would be a full time thing ? Like it happens a lot and I will be yelling at people a lot ? Curious. I know that I have passed on several parcels of land with adjoining docks cuz I don't want the hassle. I mos def like waterfront and all, but this is the kind of thing I don't want. So I have not bought. Just curious and ty for taking the time for a response.


I live on the ICW and have a dock. Never once have I yelled at or tried to disrupt anyone fishing.

When I fish, I use my jonboat or wade. Been living here since 1994 and never had anyone tell me anything.

And yes...I wade under the piers and have people wade under mine.


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## 60hertz (Oct 1, 2007)

softbutchharley said:


> Everyone needs a hobby eh ? Mike...I have a question...NOT dissin or sarcastic here. I am curious, cuz I talk to my brother and others on the island and asked them all the same question. Mike, did you know this would be the case when you bought your place ? If you did , did you buy with the knowledge that this would be a full time thing ? Like it happens a lot and I will be yelling at people a lot ? Curious. I know that I have passed on several parcels of land with adjoining docks cuz I don't want the hassle. I mos def like waterfront and all, but this is the kind of thing I don't want. So I have not bought. Just curious and ty for taking the time for a response.


This is getting out of hand - There are people on foot have the audacity to walk (some are even running, from what, i don’t know but they’re running) in the street in front of my house! Sometimes they even do it while tied to a dog!

Don’t these people know that these are streets! These things are made for cars, trucks, motorcycles, and even bicycles. 

I see this going on everywhere too! Neighborhoods, Scenic Highway, downtown, and even on the roads on Pensacola Beach. 

I think I’m going to start calling the cops.


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## JoeyWelch (Sep 25, 2009)

Bet you could wade under any you want to tonight and never have a word said to you.
It is Coooold!,,


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## JoeyWelch (Sep 25, 2009)

60hertz said:


> This is getting out of hand - There are people on foot have the audacity to walk (some are even running, from what, i don’t know but they’re running) in the street in front of my house! Sometimes they even do it while tied to a dog!
> 
> Don’t these people know that these are streets! These things are made for cars, trucks, motorcycles, and even bicycles.
> 
> ...


So your saying They are actually pushing a dog around with a rope?


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## huntnflorida (May 24, 2008)

The key here is “mean high tide”. That’s not the normal high tide line. It’s like an average of 19 years or something. I’d stay in at least a foot or two of water to remain legal. I live on the water and absolutely can’t stand when folks think they own the water. Everyone is more than welcome to fish my dock to include my underwater light. Please just don’t throw your cast net over it and drag off the bottom...


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## MikeJ (Jun 29, 2012)

softbutchharley said:


> Everyone needs a hobby eh ? Mike...I have a question...NOT dissin or sarcastic here. I am curious, cuz I talk to my brother and others on the island and asked them all the same question. Mike, did you know this would be the case when you bought your place ? If you did , did you buy with the knowledge that this would be a full time thing ? Like it happens a lot and I will be yelling at people a lot ? Curious. I know that I have passed on several parcels of land with adjoining docks cuz I don't want the hassle. I mos def like waterfront and all, but this is the kind of thing I don't want. So I have not bought. Just curious and ty for taking the time for a response.


I knew I would only own to the mean high tide line when I bought the land. I have no problem with people walking around or under my pier. There has only been one hassle in 3 years. A dude climbed on my pier and was sitting on my bench drinking beer. He did not have a line in the water. I chased him off. Other than that one incident, everything has been fine.


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## softbutchharley (Jan 19, 2016)

TY Mike. You seem to be a patient individual. Stay salty and safe, and ty again for that info .


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## Floridaboater (Aug 25, 2016)

Solace said:


> As an owner on the water, I would prefer that you go around my pier, and not duck/wade under my pier for any reason. I would also not be happy if you decide to put your trash on my dock. Legal or not, to me it it is common courtesy to ask permission.


You must be a stingy old geezer if you dont want to allow people to walk under your “pier”. Better than them walking over it. I live on the water in navarre and we have steps in each side of my dock so people have the choice to walk over or under at their pleasure. Never had any problems with it. Just leave the fisherman to be.


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## SimpleMan67 (Aug 27, 2009)

What's PFF's take on this scenario?
One am, boat with six people in it pulls within 10 ft of dock and starts fishing underwater lights. Talking loud, listening to radio, drinking beer, in general having a good time. Commotion gets homeowners house dogs attention, female homeowner stirs and sees this going on. Female flips switch on dock lights turning them off in the hope that the boat will move on. Boat occupants get louder, turn radio up and direct a light on the boat towards the house.


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## Desert Eagle (Apr 25, 2012)

Sounds like disturbing the peace. And if ur correct about the alcohol then it could be some BUI. I'd call LEO if it was causing me a problem. I live on the water. Just this morning, there is a Fishing Tourney going on and boats were running wide open thru the "Idle Speed, No Wake Zone" @ 6:00 a.m. Against the law??? Yep. But the LEO's can't be every where all the time. In your case, however, they were hanging out and a LEO, if called, may have arrived in time. IMHO, all of us that live on the water put up with stuff as payment for living on the water, including paying a higher property tax.


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## lettheairout (Mar 11, 2008)

Desert Eagle said:


> Sounds like disturbing the peace. And if ur correct about the alcohol then it could be some BUI. I'd call LEO if it was causing me a problem. I live on the water. Just this morning, there is a Fishing Tourney going on and boats were running wide open thru the "Idle Speed, No Wake Zone" @ 6:00 a.m. Against the law??? Yep. But the LEO's can't be every where all the time. In your case, however, they were hanging out and a LEO, if called, may have arrived in time. IMHO, all of us that live on the water put up with stuff as payment for living on the water, including paying a higher property tax.


The park is packed this morning with boats 

sent from outside your bedroom window


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## Desert Eagle (Apr 25, 2012)

Yea, I roughly counted about 45 vehicles. Probably more niw. What time is the weigh-in???


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## Floridaboater (Aug 25, 2016)

SimpleMan67 said:


> What's PFF's take on this scenario?
> One am, boat with six people in it pulls within 10 ft of dock and starts fishing underwater lights. Talking loud, listening to radio, drinking beer, in general having a good time. Commotion gets homeowners house dogs attention, female homeowner stirs and sees this going on. Female flips switch on dock lights turning them off in the hope that the boat will move on. Boat occupants get louder, turn radio up and direct a light on the boat towards the house.


Shoot them with airsoft gun until they go away haha. Jk maybe paintball gun. Nah but forreal i would just call fwc and get the registration number off the hull of boat and tell them ans hope they get caught doing something wrong


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## SurfRidr (Apr 24, 2012)

Floridaboater said:


> Shoot them with airsoft gun until they go away haha. Jk maybe paintball gun. Nah but forreal i would just call fwc and get the registration number off the hull of boat and tell them ans hope they get caught doing something wrong


Just pull out my QBeam that runs off a 12 volt and return the favor. Hope you have sunglasses :thumbup:


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## LITECATCH (Oct 2, 2007)

I live on a canal and have an underwater light. I don't fish it, I just like to watch the fish. People come fish it from time to time. I usually walk down there and ask them if they have caught anything. They are usually really nice. I also go down and talk to the mullet fishermen when they are cast netting. When they see me coming they always have this look of oh crap this guy is going to yell at us!! I just want to know if they are seeing any black mullet or all silvers. I'll also give them advise of where I have been seeing mullet in the last few days.


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## Boat-Dude (Sep 24, 2011)

Hows that seawall coming?


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## SimpleMan67 (Aug 27, 2009)

It wasn't so much about the fishing for her as it was the fact that they were so close to the dock and her worrying about stuff coming up missing (as we have had happen in the past). That and the fact they were loud enough to get the dogs attention and he then wake her up. After they got louder and illuminated the house, she called the po-po and they left after the LEO asked them to. I think she handled the situation correctly. I slept through the entire episode and I am glad she didn't wake me because I would have handled the situation myself instead of calling the police and would have been grumpy at being woke up at one in the morning. I thought about this thread and in light of some of the earlier responses wondered how you all would have handled this from either side. When you come up real close to someone's dock, most folks I know are going to assume that you might be up to no good. I fish other folks docks and always keep a healthy distance from it not only to catch more fish but to not make the property owner feel like I am intruding into "their space". I don't wade fish around docks but naturally it would be hard to do this while wading and both parties need to be sensitive to that fact. Also, after 10 pm or so, most folks are asleep and people need to be considerate of that fact.


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## lettheairout (Mar 11, 2008)

We fish docks a bunch. Only time we get real close is to try a retrieve a hung lure. Always quiet. When wading I appreciate the steps on both sides. Makes it easy to cut over. Sucks trying to go around end of dock as some can get a dip deep. Just gotta have some common sense and courtesy to the home owner. Never really had any trouble even when having to get out of water to cross thier dock. Just make it fast and dont look like a creep. 

sent from outside your bedroom window


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## perdidochas (Jul 21, 2009)

SimpleMan67 said:


> What's PFF's take on this scenario?
> One am, boat with six people in it pulls within 10 ft of dock and starts fishing underwater lights. Talking loud, listening to radio, drinking beer, in general having a good time. Commotion gets homeowners house dogs attention, female homeowner stirs and sees this going on. Female flips switch on dock lights turning them off in the hope that the boat will move on. Boat occupants get louder, turn radio up and direct a light on the boat towards the house.


If they were quiet, it would be perfectly legal. At 1 am they are disturbing the peace. That said, it would be almost impossible to have them charged with it.


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## LITECATCH (Oct 2, 2007)

They are done with seawall and it is awesome!!


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