Striper Talk Striped Bass Fishing, Surfcasting, Boating - View Single Post

DZ · 04-26-2010, 12:13 PM

Legal Question for Mike P:
Your expertise on the law and the various questions that arise about shoreline access is invaluable to the members here and I for one appreciate it.

My question concerns the following scenario and you could probably apply it in various locations in Mass and RI.

Turn the Tables Scenario

A surf fisherman has accessed a section of water legally via a public access and did not cross any private land. He continued laterally along the water below the tide line. He’s now standing below the high water mark while fishing. There is private residence behind him. The owner of the residence lets him know that he does not want the fisherman fishing behind his home on what he states is "his property" and threatens to call local authorities. The fisherman decides to make a “pre-emptive” call to the authorities first to tell them he’s being harassed by a land owner while on public property. The police respond. The home owner comes out. The police tell the land owner there has been a complaint lodged against him. Who’s in the right? Could the land owner be issued a citation? If fishermen are SURE they accessed fishing areas legally - would this be a good strategy for fishermen to employ when threatened by an abutting property owner?
Thanks for any advice.

DZ

04-26-2010, 12:13 PM	#1
DZ Registered User iTrader: (0) Join Date: Dec 2000 Posts: 2,574	Question for Resident Lawyer Mike P Legal Question for Mike P: Your expertise on the law and the various questions that arise about shoreline access is invaluable to the members here and I for one appreciate it. My question concerns the following scenario and you could probably apply it in various locations in Mass and RI. Turn the Tables Scenario A surf fisherman has accessed a section of water legally via a public access and did not cross any private land. He continued laterally along the water below the tide line. He’s now standing below the high water mark while fishing. There is private residence behind him. The owner of the residence lets him know that he does not want the fisherman fishing behind his home on what he states is "his property" and threatens to call local authorities. The fisherman decides to make a “pre-emptive” call to the authorities first to tell them he’s being harassed by a land owner while on public property. The police respond. The home owner comes out. The police tell the land owner there has been a complaint lodged against him. Who’s in the right? Could the land owner be issued a citation? If fishermen are SURE they accessed fishing areas legally - would this be a good strategy for fishermen to employ when threatened by an abutting property owner? Thanks for any advice. DZ
	DZ Recreational Surfcaster "Limit Your Kill - Don't Kill Your Limit" Bi + Ne = SB 2 If you haven't heard of the Snowstorm Blitz of 1987 - you someday will.