View Full Version : The Other Islands..elizabeth's


Goose
08-13-2008, 05:35 PM
Has anyone surf fished um? I know there are huge signs that state "Private property ' No trespassing ' Violators will be prosecuted ' etc.ect.. Its not that I don't respect private property...:wave: Hi Forbes...but dam we're talkin bout many miles of shoreline most of which is prime fishing waters. I doubt Mr. Forbes or his care taker is walkin the rock gardens at 1am.

The other islands have imo better stretches then cutty(surf friendly). The biggest obstacle who be to safe and secure area to get in and out, which can be done.

So, any you surf boaters break that law? I know for fact that some have.

redlite
08-13-2008, 05:39 PM
goose, any time you wanna take me to pasque to wetsuit, I go

hyefisherman2
08-13-2008, 05:59 PM
ive heard of a few wetsuiters who occasionaly make these trips.

smac
08-13-2008, 06:35 PM
as long as you dont trespass to get to these spots and you stay below the high water mark your good to go. There a few spots here on the island that I have access to very, very private coast line. Some people give me crap, I just ignore them and keep walking.

I aslo paddle by in the kayak and fish ten feet from the beach just to spite them.

bloocrab
08-14-2008, 08:09 AM
Securing the vessel is going to be the MOST important issue. If the tide turns or the grapplers/anchors come loose, you're NOT going to be able to swim fast enough to catch the vessell by swimming to it. AND....if you bring an extra line attached to the vessel to shore with you, you BETTER hop in that water ASAP because if the vessel comes loose, you don't want the vessel swinging into the rocks because you're holding the line.
As far as Tresspassing goes, I believe the Island law states that if you bring feed for the cattle, you are exempt of any tresspassing laws.
Mooooooooooooooooooooooooooo............

Becareful of the resident Great White Shark that is being seen daily around those parts.


P.S. I have PLENTY of Cattle feed growing in the yod right now if you need it. However, as I no longer love you, I am not interested in such a trip.:bshake:

Mr. Sandman
08-14-2008, 10:59 AM
:faga:

wheresmy50
08-14-2008, 11:08 AM
Please correct me if I'm wrong, but in MA, the rights extend to the low water mark. In that case, you would need to be a little more careful.

ThrowingTimber
08-14-2008, 01:11 PM
Have gas $ and wetsuit at the ready say when :angel:

zacs
08-14-2008, 03:35 PM
maybe i am stupid, but why bother getting out of the boat at all??? you can drift an entire coast in the boat, stay dry, and work more water. What am i missing?

Circlehook
08-14-2008, 03:38 PM
maybe i am stupid, but why bother getting out of the boat at all??? you can drift an entire coast in the boat, stay dry, and work more water. What am i missing?

Your missing the thirst for danger.....

zacs
08-14-2008, 03:42 PM
Your missing the thirst for danger.....

its pretty dangerous fishing tight without getting out of the boat. just ask p23...

bloocrab
08-14-2008, 06:49 PM
OK - I'll bite :spin:

One of the few things that you're missing is that during a slop, it can be extremely dangerous with the water levels/waves raising and lowering your boat. With the size of the boulders around those islands and the fact that they can be quite some distance from shore, one could not fish comfortably with the fear of being dropped on said boulders. Not sure if you've fished these islands or how you fish them if you do, but the closer you get to shore, the closer you get to heaven <<dual sided blade>> This leads to the next question, if you're in a slop, how can you be sure that your vessell will hold ? Are you a gambler, prepared to be Gilliganized?? with no Ginger ? :shocked:
That's all I'm allowed to explain. This may have just cost me my membership to the Secret Troop of Under Publicized Immigrant Dummasses. :huh: Time to look for a new club.

It's not for everyone, just like wet-suiting isn't either...what's dumb to some, may be adventurous for others. It's also a good way to prove that your nutzo :jump1::jump1:

Goose
08-14-2008, 08:09 PM
To answer zac's question,,,," I want the bass to count".:laugha:
One night last year I fished almost all night in the boat, at about 3am I pulled in one of the coves on the south side of cutty. As time went on I thought I was seeing things. I spotted some surf casters but dam that was ridicules, I mean there had to be well over 40 guys, they where coming from every direction. It was like a Christmas tree out there,,,granted it was a weekend but dam. Honestly, beside the canal, I can't think of one other time I've seen that many dudes on one stretch. In order that good areas be kept good the number of guys makes or breaks the spot...thats true even in boats. I think sometimes people blow up the danger factor of standing on a rock and casting into 15 feet of water.

Don't get me wrong a fight is a fight but I still like to switch things up once in a while,,, I hate having bass turn the boat.:)

BTW....Rogue waves break over under water humps. imo, he was to close to one. thats not the first time thats happen ,,just ask charlie Soars.

Nebe
08-14-2008, 08:16 PM
surf fishing nomans?!

:drool:


that could be a BLAST!!! :hihi:

bloocrab
08-14-2008, 09:13 PM
,,,,, I mean there had to be well over 40 guys, they where coming from every direction.......



Goose// The Canal has it's Trolls..................and the Elizabeth have their Gnomes. They were probably marching down the hills to deal with someone trying to come to shore from a boat,,, scary old group carrying lanterns........I've seen them :err::eek5:................:rumble:

The Dad Fisherman
08-15-2008, 07:12 AM
Please correct me if I'm wrong, but in MA, the rights extend to the low water mark. In that case, you would need to be a little more careful.


From mass.gov

Public Rights Along the Shoreline

Coastal managers are often asked, "Who owns the sea and shore?" If you have been curious, or perhaps a bit confused about what rights the public has along the shoreline, here's a brief primer on waterfront property law.

Ownership of Tidelands
"Tideland" is the legal term for all land beneath the waters of the ocean, including lands that are always submerged as well as those in the intertidal area (i.e., between the high and low tide marks). In every coastal state, the use of tidelands is governed by a concept in property law known as the Public Trust Doctrine, which dates back centuries to ancient Roman law. The doctrine states that all rights in tidelands and the water itself are held by the state "in trust" for the benefit of the public. In most states, this means that public ownership begins at the high water mark.

The Massachusetts Bay Colony originally followed this rule, until its legislators decided to transfer ownership of certain tidelands to coastal landowners, in order to encourage private wharf construction on these so-called "intertidal flats." This general land grant was accomplished by the Colonial Ordinances of 1641-47, which in effect moved the line between public and private property to the low water mark, but not farther seaward of the high water mark than "100 rods," or 1,650 feet. This intertidal area (now called "private tidelands") is presumed to belong to the upland property owner, unless legal documentation proves otherwise for a given parcel (as is true in certain segments of Provincetown, for example).

Although the Colonial Ordinance changed the ownership of most intertidal flats from public to private, it did not transfer all property rights originally held in trust by the state. For one thing, no rights to the water itself (as distinct from the underlying lands) were relinquished by the Ordinance. Moreover, the law specifically reserved for the public the right to continue to use private tidelands for three purposes-fishing, fowling, and navigation.

Scope of Public and Private Rights
Over the years, Massachusetts courts have ruled that the scope of activities on private tidelands covered by the reserved public rights of fishing, fowling, and navigation is broad, and includes all of their "natural derivatives." For example:


The right to fish includes the right to seek or take any fish, shellfish, or floating marine plants, from a vessel or on foot;

The right to navigate includes the right to conduct any activity involving the movement of a boat, vessel, float, or other watercraft, as well as the transport of people and materials and related loading and unloading activity; and

The right to fowl includes the right to hunt birds for sport as well as sustenance. (The Massachusetts Attorney General takes the position that the right of fowling also includes other ways that birds can be "used," such as birdwatching, but also notes that this issue has not yet been addressed by the courts.)

Clearly, these rights cover a variety of both old and new activities that many people enjoy, such as surfcasting and windsurfing. Still, the courts have imposed some limits. The right of fishing, for example, does not allow the use of structures for aquaculture or the taking of plant debris washed up on the beach. Also, courts have made it clear that the public right to use this area does not include the right to simply stroll, sunbathe, or otherwise engage in recreation unrelated to fishing, fowling, or navigation. Without permission from the landowner, such general recreation is trespassing. There is only one narrow exception to this rule-because there are no private property rights in the water itself, the public is allowed to swim in the intertidal zone provided the swimmer does not touch the private land underneath or use it to enter or leave the water.

The distinction between public and private rights is much simpler on either side of the intertidal zone, i.e. on submerged lands to the seaward side and on the dry shore to the landward side. Except on filled tidelands (which is another story altogether), all rights to use the area above the high water mark generally belong to the upland property owner, and public access on private land can occur only with permission. On the other hand, below the low water (or 100 rod) mark, the public is almost always within its rights to walk, swim, or enjoy other recreational activity. With very few exceptions, these tidelands are still state property.

Respecting the Rights of Others
Respecting the rights of others-private property rights as well as public access and use rights-is an important part of visiting the coast. To prevent infringements on everyone's rights, it may be helpful to follow these guidelines. To help keep the peace, the visiting public should be careful not to trespass or otherwise infringe on the privacy of shorefront property owners, and should minimize their impact on the environment. Likewise, in posting signs and taking other steps to identify their private property, coastal landowners should not attempt to discourage the public from using the water's edge to the full extent allowable by law. In short, mutual respect is the key to meaningful coastal access for everyone.

Sources of Additional Information
This information was adapted from Massachusetts Coast Guide to Boston Harbor and the North Shore, which includes 22 full-color maps and nearly 400 public access sites, ranging from expansive parks with concession stands to small public landings and out-of-the-way spots. In addition, public rights also exist in filled tidelands, which are protected by a state law commonly known as "Chapter 91." Information about Chapter 91 (Waterways regulations) is available through the Department of Environmental Protection's (MassDEP) Website.

Rip Runner
08-15-2008, 08:15 AM
OK - I'll bite :spin:

One of the few things that you're missing is that during a slop, it can be extremely dangerous with the water levels/waves raising and lowering your boat. With the size of the boulders around those islands and the fact that they can be quite some distance from shore, one could not fish comfortably with the fear of being dropped on said boulders. Not sure if you've fished these islands or how you fish them if you do, but the closer you get to shore, the closer you get to heaven <<dual sided blade>> This leads to the next question, if you're in a slop, how can you be sure that your vessell will hold ? Are you a gambler, prepared to be Gilliganized?? with no Ginger ? :shocked:
That's all I'm allowed to explain. This may have just cost me my membership to the Secret Troop of Under Publicized Immigrant Dummasses. :huh: Time to look for a new club.

It's not for everyone, just like wet-suiting isn't either...what's dumb to some, may be adventurous for others. It's also a good way to prove that your nutzo :jump1::jump1:

That's the nice thing about them being island's, if the South Side doesn't have favorable seas for fishing in tight with a boat, fish it from the BB side on the lee.

bloocrab
08-15-2008, 10:43 AM
//what's favorable for the fishermen isn't always favorable for the fish//........but YES, that's always an alternative...................and YES, safety should always come first. :hidin:

zacs
08-15-2008, 10:49 AM
OK - I'll bite :spin:

One of the few things that you're missing is that during a slop, it can be extremely dangerous with the water levels/waves raising and lowering your boat. With the size of the boulders around those islands and the fact that they can be quite some distance from shore, one could not fish comfortably with the fear of being dropped on said boulders. Not sure if you've fished these islands or how you fish them if you do, but the closer you get to shore, the closer you get to heaven <<dual sided blade>> This leads to the next question, if you're in a slop, how can you be sure that your vessell will hold ? Are you a gambler, prepared to be Gilliganized?? with no Ginger ? :shocked:
That's all I'm allowed to explain. This may have just cost me my membership to the Secret Troop of Under Publicized Immigrant Dummasses. :huh: Time to look for a new club.

It's not for everyone, just like wet-suiting isn't either...what's dumb to some, may be adventurous for others. It's also a good way to prove that your nutzo :jump1::jump1:

i used to fish the elizabeths via boat when i worked in new bedford. i know and understand the boulder factor, and have had a few bumps. we drift pretty close in a regulator 23, and can cast well into the money zone. but there certainly are times when it is really rough and you cant get in tight, so i see where you are coming from. but i would never leave the boat unattended on nights like that....

likwid
08-15-2008, 05:46 PM
From mass.gov

Public Rights Along the Shoreline


Public rights on the elizabeths?
You'd have more luck with LE fishing infront of the nuclear power plant.