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Rights of way

Discussion in 'The Lounge' started by Nightprowler, Aug 10, 2007.

  1. Nightprowler

    Nightprowler Crappie Hunter

    QUESTION? You head to your favorite honey hole, just before daylight, in your boat, on your day off at the state lake. You arrive and another boat is arriving also and they head to the bank. You mark fish 150 feet from the bank and begin fishing, watching and wondering what the heck is that fella doing over there!! He crawls out of the boat and you see him wading the shore line. You catch a dandy saugeye. At first daylight you notice duck decoys spread along the shore. You catch another saugeye trolling a 100 yard ledge. He hollars out to you "HEY JACK__S, I'm trying to hunt here. What is your responce and who has right to stay...knowing he has a gun!! He has a duck blind set up 10-ft from the waters edge, and your hot-spot is directly in from of him. Whats the LAW and what is ethical?
     
  2. misfit

    misfit MOD SQUAD

    time to get out of dodge:D
    i'm not 100% sure of the legal answer,but would think at the least,if there's a blind and spread there,the only right(and smart) thing to do is move out of the area.being 150 feet in front of a duck hunter when a flight comes in,is not a place i'd wanna be in any case:eek:
     

  3. I'd tell him to "GET BENT" and continue fishing - especially if this is PUBLIC land.
     
  4. Nightprowler

    Nightprowler Crappie Hunter

    Oh, and some lakes have over 25+ of these and almost all are set up on points, islands or mouths of coves.
     
  5. I agree with Misfit & I would move on to another spot - even though it is obvious this individual is a jacka** by his approach to let you know he is hunting and wants you out of there.

    I have no idea what the legal answer is, but I try to stay clear of waterfowl hunters when fishing rivers or lakes.

    It may not be the best situation and you may want to fish that spot - but I look at it as he is stuck to 1 spot there with his blind and I as a boat fisherman can fish numerous spots.

    I have had this happen before (without the bad attitude) and although not pleased about it, I moved on.
     
  6. My first thought would be to move and give the guy some room. We can fish almost year round and duck season is fairly short. But and there is always a but if he is acting like a jerk about it I'm not sure if I would move or not.
     
  7. You should give him plenty of room. A blind and decoy spread is not mobile, but a fishing boat is.
     
  8. misfit

    misfit MOD SQUAD

    as for the attitude,though i would move for the above stated reasons,i may be likely to include a couple expletives in my apology for getting too close;)
    at least if it was an unintentional,honest mistake.
     
  9. Toxic

    Toxic Defensor Fortis

    I have had this happen many times while fishing at Mosquito. The closest a boat ever got was withing 75 yards. I can attest that when the birds start flying and the shots a flyin, the boats get a scooting real fast. How would you fell if another boat came right in on where you found a good pocket of fish. You probably would get ticked off, public land or not. When we go duck hunting we place out over 7-8 dozen ducks and up to 2-4 dozen goose decoys. That is not an easy task. We get there way before the crack of dawn to accomplish this. I can guarantee we were there before any of the fisherman. I never got angry with any of the fisherman. The ethical thing would be to apologize and move to another spot. I am not aware of any law that saws you cannot fish near a blind, but I did find this law in the ORC, so be careful on how you protest leaving the area;

    1533.031 Prevention of hunting by creating noise prohibited.
    (A) No person shall purposely prevent or attempt to prevent any person from hunting a wild animal as authorized by this chapter by creating noise or loud sounds through the use of implements when the use of the implements is intended primarily to affect the behavior of the wild animal being hunted, when the hunting is taking place on lands or waters upon which the hunting activity may lawfully occur, and when the noise or loud sounds are created on lands or waters other than the lands or waters upon which the hunting activity may lawfully occur. “Implements” does not include items being used in the due course of farming, forestry, or commercial practices.

    (B) Upon petition by a person who is or reasonably may be affected by conduct that violates or will violate division (A) of this section and a showing by that person that the conduct has occurred in a particular place and may reasonably be expected to occur in or near that place again, a court of common pleas may enjoin the conduct in accordance with Civil Rule .

    Effective Date: 11-21-1997
     
  10. SwollenGoat

    SwollenGoat Scourge of Hoover

    I'm not a duck hunter but I say leave to another spot. Aside from the safety factor, duck hunting is a stationary sport and fish can be caught elsewhere. As was mentioned fishing is year-round and duck season is relatively short. What if you were only allowed to catch saugey for 1 month out of the year?

    Now, this guy acting like a jackazz doesn't help things - so you might rebuttal with some intelligent, well thought out reply before leaving. :D

    BTW - it is also very easy to come flying around a corner etc. in the fall and not immediately notice there is someone hunting in a blind. I've been out on a friend's boat and it happened twice in the same day. Certainly not intentional, but it happens and duck hunters shouldn't get bent out of shape about it.
     
  11. 1. Buy Bullet Proof Vest

    2. High Tail it Out Of There

    3. Make Sure to DO NUMBER 2 QUICKLY

    im no duck hunter but, im sure there not paying attention to anything down range but the water fowl coming over head so whose to say they dont swing low low enough for u to be in the way, and lets say hypo speaking here ur coming along in ur boat at the same time there swinging low, yeah its a slim chance but is anyone willing to take that chance i sure in the heck no im not, there should be some sort of compromise, hunters this side of the lake, fisherman on this side and at a safe distance. JMO
     

  12. Did you just skip over the paragraph listed before the one you posted? Seems funny you post one that pertains to hunting only - when the ORC before that one states FISHING in it also........

    Read:

    1533.03 Prevention of authorized hunting, trapping, or fishing prohibited.
    (A) No person shall purposely prevent or attempt to prevent any person from hunting, trapping, or fishing for a wild animal as authorized by this chapter by any of the following means:

    (1) Placing oneself in a location in which he knows or should know that his presence may affect the behavior of the wild animal being hunted, trapped, or fished for or otherwise affect the feasibility of the taking of the wild animal by the hunter, trapper, or fisherman;

    (2) Creating a visual, aural, olfactory, or physical stimulus intended to affect the behavior of the wild animal being hunted, trapped, or fished for;


    WHICH brings me to my point - YOU were fishing there FIRST - according to the original post, both boats arrive at the same time and the other boat heads for the shore - which would mean YOU were fishing first............

    THEREFORE according to the post I just quoted - since YOU were there first, the duck hunter would be in violation.

    No - I'm not an attorney, but I DID stay at a Holiday Inn express last night.
     
  13. Orlando

    Orlando Set The Hook!

    I'm no duck hunter either but like was already stated, duck hunters only get a short hunting season we can fish all year. As soon as I saw what he was doing I would have moved before he even asked.
     
  14. Most likely - to be honest with you........I would have also.

    Being a hunter myself - that's what I would have done...........

    BUT - if he was being an azzhole - that's where the evil in me would have come out...........

    HAHA!
     
  15. This woulda been an easy question to answer had the duck hunter simply started the conversation with "Excuse me...". The rest is blah blah blah...
     
  16. Toxic

    Toxic Defensor Fortis

    Skarfer, actually I did not skip over as you stated. I only did a search for hunter harassment. I did not even see that paragraph you are referring to. I was only pointing out if someone would get pi$$ed of just watch what or how you depart.

    -------------------------------------------------
    I have have been waterfowling for over 30 years and I have seen may times were both parties were in the wrong. There is no need to start swearing at each other. This question comes up every year. Reverse the role and put yourself in the hunters shoes. You get your permit and build your blind well before the season, plan and prepare for the short season that the feds allow us and to have it spoiled by some one who has no ethics, but mostly common sense. We are limited to our shotguns limits, fisherman have the whole lake to choose from.
     
  17. Fair enough - didn't mean to get into an argument with ya.......just looking at both sides.

    (handshake)..........ok?
     
  18. This is really no different than the spouts between fishermen - trolling too close to somebody, fishing on top of somebody who is catching, not repecting bank fishermen, on and on.

    It just comes down to common sense and being cutious to one another.

    IMO - Most outdoorsmen would work this out with no incident or exchange of foul language. It is the few bad apples that start name calling & harassing, etc.

    When it happened to me I had no idea I was fishing in the company of the hunter. No words were exchanged - he obviously saw me first and was watching me. He gave me a short quick whistle to get my attention (I get pretty tuned into fishing LOL) and then he gave me a handwave so I could make out his position. I immediately noticed the decoys and gave a wave back then headed out. I am sure there were no hard feelings on either side.

    IMO - Some people just seem to have a feeling on entitlement these days and they think the world revolves around them only. These are the ones that usually make these types of conflicts. There is some "give and take" when we are using public resources and we all should keep that in mind. It really is a privledge for us to be able to use these public resources and I think many times people lose sight of that.
     
  19. Ok - why the double post?? HAHA!

    I tried to be a smartazz and do another post like this one, but it wouldn't let me. that would have been funnier than just this one. Trust me. It was funny.
     
  20. misfit

    misfit MOD SQUAD

    probably operator error,same as many of us have done before;)
    but why make a post just to be a smartazz?:confused: