OVERTIME OUTDOORS: Law says we can fish docks, etc.

Published 3:30 am Sunday, April 21, 2019

recent news release from the state Department of Wildlife and Fisheries caught my eye and at the same time reminded me of a similar prepared statement earlier this year from the Texas Parks and Wildlife Department, one that should interest Teche Area residents who fish Toledo Bend.

The LDWF advised anglers and hunters it is illegal to harass anyone hunting or fishing legally, citing a law that prohibits interfering or disturbing hunters, anglers or the animals they are legally pursuing. RS 56:648:1.3 reads no person shall engage in the following activities: “Disturb any hunter, trapper, or fisherman who is engaged in the lawful taking of a wild animal or who is engaged in the process of taking, with intent to dissuade or otherwise prevent the taking, or to prevent such person’s enjoyment of the outdoors.”

Some examples of violations include, but aren’t limited to, intimidating someone to leave a fishing spot or brushed fishing hole, motion activated sounds or water sprinklers on docks to dissuade the public from fishing, or aggressively operating a boat around others actively fishing to persuade them to leave. The state agency noted that a common infraction of this law is someone claiming ownership of a baited or brushed fishing spot. Anglers are reminded that ownership of artificial habitat, brush or broadcast fish bait ends when it leaves their boat and enters a public water body and cannot be kept from others.

An LDWF Enforcement Division spokesman suggested taking cell phone video of any incident that may be a violation for review. Potential violations can be reported by calling (800) 442-2511 or the Tip 411 Program by texting details to 847411, including contact info and a location of the incident, including water body and parish.

I’m relieved and glad the state has our back. 

Toledo Bend’s numerous docks and marinas prompted Texas officials a few months ago to spell out the public’s right to fish from a boat on public waters, as long as no game laws are being violated. The ruling deals with problems that could be encountered by those fishing around marinas and docks.

There have been confrontations between anglers and waterfront landowners, TPW officials said.

According to TPW legal counsel Boyd Kennedy, “Waters that are open to the public for fishing include coastal waters, major lakes and rivers and many smaller streams and lakes. If a lake is public water, then all of the lake is public water, including the water around marinas and boat docks. The right to build or operate a marina, dock or other structure on or over public water does not carry with it the right to restrict boating or fishing from a boat.”

Kennedy also said by law, the basic authority for the enactment of fishing and boating regulations is reserved to the state.

 

DON SHOOPMAN is outdoors editor of The Daily Iberian.