Legal question

[4liters]

I was wondering what the legalities are around the issue of boats driving over fishing lines and damaging either the boat or the landbased fisho's gear.

Does anyone know if there are any rules governing this? Do fishermen have a duty of care to ensure their equipment doesn't damage boats or boats a duty of care to steer clear of fishing equipment? Do either boats or fishermen have any recourse if their property is damaged by the other party?


The backstory to this question is a trip to Red Point in late this past summer when I paddled some baits out for a shark and suspended them between a brick and a balloon. They were less than 100m out (it drops off pretty quick there) but a number of boats drove between the rocks and the balloon and must have come within a bees **** of catching the line on their motor.

At the time me and the guy I was fishing with waved at the boats and pointed at the balloons to try to get their attention, and one boat did stop and drive around the balloon (I'm sure the boat was as keen to avoid a tangle as I was) but the others just drove on without a second glance. For most fishing this sort of thing would result in an instant bust off, an annoyed fisho and an oblivious boatie, but I wondered if the 50lb mono, 50lb braid, 2mm wire trace and brick might get dragged into the prop and do considerable damage to the motor. I was also fishing with a $200 reel that could have had the drag burnt out or possibly even pulled into the water so I has some skin in the game too.

As far as pulling lines in goes in that situation, the first thing is that it is a slow process to bring the lines in yet the boats are going fast and I'm not sure I could have got them in before the boat went past, the second thing is that it is impractical to pull lines in for each boat as re-deploying the bait can take 10min and you'd lose your anchor each time.

From the boats' point of view, they probably aren't looking for landbased anglers to be waving at them, they may not see the balloon, and if they did see the balloon they may not realise there is line between it and the land because balloon fishing is not exactly well known.

Interested to hear peoples' thoughts.

[re-tyred]

Pretty simple really. You are not allowed to obstruct the water way. However common curtesy says that as a boat driver you go around lines if possible. If you fish from a jetty or across a channel then the boats often cannot avoid you.
Daily argument when we are surveying the channels. We have lines on a chart, to follow with the jetskis. Fisho's seem to think that we are pricks when we stop and ask them to remove the lines while we survey in the area. The crab netters are even worse, waving their arms and telling us f off.

[blacklab99]

Here's my play on things, Casting a line for argument sake straight out from where boats are launching, or a high boat traffic area's, would be stupid and probably inappropriate in my opinion, for example, someone casting out half way across Pato river next to the ramps or by the bridge, probably wouldn't be doing it for long before they were promptly moved along. Casting out into open waters, is a different story, land base fisho's have every right to fish and respect should be given by the boaties, Hell, no boatie wants braid wrapped around their prop.
So its a give and take and a mutual co-operation type situation.
But if from land base, lines are cast into an area, say a narrow passageway between land and rocks, then again, no one owns the waters, and the land baser probably needs to make sure the passageway is not unduly blocked for boats to safely navigate, and that they have suitably marked their lines should it be a danger to the boatie. I think its a bit of common sense that should prevail their.
I don't know of any actual legal ramifications on the above, only that the above example of a narrow passage way, that could have the boat wrap braid around his prop and shag a seal, or render the boat powerless and then become a danger ????
Or am I just over thinking this !!!!! LOL

[4liters]

Pretty simple really. You are not allowed to obstruct the water way. However common curtesy says that as a boat driver you go around lines if possible. If you fish from a jetty or across a channel then the boats often cannot avoid you.
Daily argument when we are surveying the channels. We have lines on a chart, to follow with the jetskis. Fisho's seem to think that we are pricks when we stop and ask them to remove the lines while we survey in the area. The crab netters are even worse, waving their arms and telling us f off.

How does this apply to lines out in what is essentially open ocean at Red Point? Or is open water considered a waterway?

[davek]

I'm not sure of legalities but a bit of common sense from both sides would be handy, cheers davo

[crumpet_avenger]

I reckon boaties are pretty good at not driving too close to piers so they dont interfere with fishing lines. But a boaty surely wouldnt be thinken someone has kayaked a balloon 100 mts out from shore....

I understand that you are shitty but then again red point is a thoroughfare for boats coming in and out. Maybe you could try another spot where theres not so much traffic?

[Wolly Bugger]

If you are fishing from the piers there are notices saying they you must retrieve your line for boats.

Now fishing lines can be almost impossible to see. I have caught a few swimmers who decided to swim into my lines.

[blacklab99]

One doesn't really expect a land base fisho to have a bait out some 100 meters, so with the boat also having a right to travel those waters, I would say its up to the land baser to have his line clearly marked in such a way that boaties are aware that a line is out that far.
A balloon, with waves and swell, may not be clearly seen. So a boatie is probably absolutely un aware that you have paddled out a brick and balloon set up, which if the balloon is not clearly visible, would assume that the landbase fisho is just casting as normal.
As re-tyred sais, its common courtesy............. But in my opinion, it better be clearly marked or as a boatie, I'd be seriously P@ssed !
How ever, I'm always super careful of such matters and wouldn't venture that close to shore near land base fisho's in the first place, but there maybe a reason for doing so, so the land base fisho does morally have an obligation, maybe even a legal issue if something happened........
never read anything on it though 4litres,,, interesting scenario.
C

[Texas]

Shotgun, flare or skyrocket.
They'll learn, the law is normally an ass.
And that's where you aim the skyrocket

Glad to help
Gra

[blacklab99]

I reckon boaties are pretty good at not driving too close to piers so they dont interfere with fishing lines. But a boaty surely wouldnt be thinken someone has kayaked a balloon 100 mts out from shore....

I understand that you are shitty but then again red point is a thoroughfare for boats coming in and out. Maybe you could try another spot where theres not so much traffic?

I don't know the area, but if its indeed a thorough fare for boats coming in and out ! then its a stupid thing to be doing in the first place !
again, I don't know the area !
common sense first starts with being realistic about where your dropping a line 100 meters from shore..........

C