Fishermen vs Lake Home Owners

[rickydbasser]

I was reading a post by a fisherman who was confronted by a lake-shore homeowner, the home owner stating that he owned a certain amount of surface water from his dock, and the land below it. And that anyone fishing that area was trespassing. That was on Lake Washington.
To me that was ironic, because in the nearly 40 years I've been bass fishing this situation has only happened to me once. And that was also on Lake Washington. An elderly lady walked out on her dock and very nicely said that she didn't allow any fishermen to fish the waters around her dock. I very nicely replied that I would only be a few minutes and if I caught anything I promised I would release it. But she insisted. Once again I very nicely told her that if she felt I was doing something illegal, by all means, call the police, and I'll stay close by in case they arrive. Not nearly as pleasant as before, she said she would. Needless to say, I didn't see her again.
Incidences such as this usually happen to bass fishermen because bass fishermen do have a tendency to fish shorelines. But most people know that surface water, whether around, or even under a dock is public water and not privately owned. I remember a woman who legally owned the land on both sides of a river, and, yes, even the river bed connecting both sides. She screamed threats at passing drift boat fisherman, saying that they were trespassing. She raised such a stink that it was taken to court.It was ruled that even though the land owner may actually own the property under the water, a person floating over that property is no more trespassing than a pilot flying an airplane over the same private property.
In another incident a home owner actually dug his own private lagoon which was connected by a short channel to the lake. He held a fisherman at gunpoint who floated his boat into that lagoon, saying he was trespassing. The authorities arrived and arrested the land owner for illegal use of a firearm and illegal imprisonment. The law clearly stated that even if a land owner creates his own waters, if those waters are in any way connected to public waters, then said created waters are also open to the public.
Now, on the other hand, I was told by a County Sheriff that if a person snags a lure on private property, in actuality said person is trespassing if he attempts to retrieve the lure. And that is one aspect that I certainly can see as a problem and/or annoyance on the side of the land owner. A one ounce jig banged up against the jell-coat of my boat would irritate me, not to mention a fisherman taking a knife to my anchoring rope to retrieve a lure snagged in it. And then there is, heaven forbid, a hook snagged in a boat's canvas top. And I'm sure there are other irritations fishermen cause land owners that I'm not even aware of. And, as our gracious host of this website said, the realtors who sold said properties most likely made no mention of these daily, sometimes uncaring, off-shore visitors. But we all have to live by the same laws, or lack thereof.
Being a non-confrontational guy, I truly believe if I faced an irate home owner I would simply move on down the shoreline. Depriving myself of fishing one small area, or ruining my day's fishing by spending it mulling over an argument concerning my legal rights, to me is simply not worth the time and trouble. Life is too short, as is my time on the water. But, luckily,these types of home owners are by far the minority.
I always make a point to smile and wave at folks I see outside their homes. They may not own the water I'm fishing, but in their own way they are sharing it with me, and I try to be a gracious guest on their lake. And most are cordial and friendly, waving back and sometimes asking how's the fishing. In fact I can remember one cold and windy March day on Lake St. Claire that a home owner walked down to the dock I was passing and offered a Styrofoam cup of hot coffee to me, saying I bet this would taste pretty good right now. I honestly mean this when I say it. I will never forget the kind gesture of that nameless gentleman.
Bottom line, I cannot remember the last time I heard a fisherman say, "I went fishing on 'my' lake. But a lake-shore home owner always lives on "his" lake. Legal or not, please be gracious guests on "their" lake. Think about it. It really doesn't take much effort....

[kodacachers]

Nice post and exactly right on the law!

[Rosann G]

Good post. I too have had a land owner come out and give me a hot cup of coffee on a cold, blustery day a few years ago on Lake Tapps. We have always waved and visited with the homeowners while we were fishing in front of their properties and have never had one tell us we couldn't fish there. I always think about what I would feel like if I lived there.

[obryan214]

I've had 2 neighbors on the Satsop who didn't like kayaks and rafts floating down in front of they're place and were very vocal about it. They didn't mind us wading across or going onto the bank but never got along with the rest of the property owners. One turned out to be growing marijuana and had his house burned down and the other is in prison for meth making and burglary.

[rickydbasser]

I've had 2 neighbors on the Satsop who didn't like kayaks and rafts floating down in front of they're place and were very vocal about it. They didn't mind us wading across or going onto the bank but never got along with the rest of the property owners. One turned out to be growing marijuana and had his house burned down and the other is in prison for meth making and burglary.

I guess their final outcome speaks volumes in itself.

[Ball_Gawd]

I like to take it a step further. I make sure that when approaching the lake I treat THEIR NEIGHBORHOOD with respect. This means radio turned down and respecting the speed limit (and any signs the community puts up).

[rickydbasser]

I like to take it a step further. I make sure that when approaching the lake I treat THEIR NEIGHBORHOOD with respect. This means radio turned down and respecting the speed limit (and any signs the community puts up).

Good advise. Thank you.

[dea]

...bowing my head in respect for the man ( or lady for that matter ) who can remain cool headed in these socially overwelming situations.

Thanks for the inspiration.

[angry john]

I always try and remain friendly. I cannot bring fish home, so if i get in a must take situation like eye hooking, i give the people living or vacationing on the lake my fish. This seems to help relations, and keep them friendly to us. Good manners goes a long way.

[rickydbasser]

An idea I never thought of.