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Juan Mattos
2016-05-10 11:50:08

Shoreline Fishing - Know Your Rights!!!.


Now that Shoreline fishing seems to have increased in popularity (Fairly noticeable within the South Florida), most of us, anglers fishing from the bank, are constantly being confronted by neighboring residents requesting to vacate the premises, in some cases, they have the absolute right, but in many others and the greater by far, they are not, so here is some information that may come handy. Every single body of water (No matter if established within a gated community), is managed by a State organization and by code, it needs to have "at the very least" 12ft from the lake elevation to any residential or private property limits, commonly known as communal green areas (Which are offered as recreational areas when buying/renting the property); this means, any resident (Or guest) has access to these premises to perform any activity that conforms with either the county or the Home Owners association... Walking, playing with your dog, jogging, etc etc. No resident within such community has any jurisdiction over the terrain delimiting these bodies of water, again, by code, and their property limit is likely found in their property deed survey (Included in the mortgage-leasing contract)... The fact that some of us paid extra for "Lake View" does not grant a "Water Front" appropriation. Any "No fishing" sign being posted, is required to display an ordinance code of registration, these codes are granted by the county and in order to be approved, 100% of the residents around the body of water and no less than 50% of the residents within the community have to sign a petition of approval... No home owners association has the right to erect a sign just because the hand full of people appointed by its residents decided it was best for that particular property, and if so, these signs are not in compliance and the community is liable to be fined for them. "IF" you are a resident, or a guest... Or if you carry a Fishing licence and reside within the same county, the document will grant you access to any waters that have not been legally posted as "No fishing zones", no ifs or buts, and you can rest assured the police is aware of these facts, so don't be intimidated by the threat of it. The one important thing is to respect the communal property, be polite with the people that comes to address you; please don't start shouting to your friends every time you catch a fish; don't throw away any used tackle or empty water bottles, and by all means, make sure you have the right to be there. I stopped fishing residential properties long time ago, when you get to certain age, you just don't need this kind of aggravation, but for all you younger people out there, please know, that chances are you are more than entitled to fish anywhere around your neighborhood. Juan.
1 anglers like this post
May 14, 2016 14/05/16
Juan Mattos
For further reading information, please refer to "Harassing a hunter or angler laws", Fish and wildlife conservation laws Chapter 379. Here is also an article written by "The Florida Sportsman Magazine" citing an example of a incident in Daytona Beach waterways that gives a clearer explanation of the distribution of private waters "after" the developer sells the property water grounds to the State (Common occurrence in 90% of residential complexes): And I quote: The issue of canals becomes further clouded, because whoever once owned the land and then dug the canal may well have deeded the submerged lands to another entity. In years past it was not uncommon for a private developer to purchase waterfront land, dig a canal, sell multiple lots along it, and then deed the bottom land to state, county or municipal governments so that he would no longer be paying property taxes on land no longer needed. If that is the case and it is state-owned, anglers have legal access, and protection under the law. The same is normally true for city or county ownership, unless specific ordinances prohibit angler use. Read more: http://www.floridasportsman.com/2005/12/01/features_051258/#ixzz48e89m3x1
May 10, 2016 10/05/16
Robert Douangmala
Thanks for sharing this. This is great information for shoreline fisherman.
May 10, 2016 10/05/16
Griffin White
Juan that's great knowledge to have on me thanks
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