How do shore fishermen deal with boats that get too close

[Vinh]

I fish from my kayak and I always give fishermen on the shore their space . There are buoys out there in most lakes which tells the boat fishermen that they are getting too close. Most boat fishermen respect that space but some don't so how do you guys deal with it. I can understand when the place is packed but when 99.9% of the lake is open and some angler (usually a basspro guy or extreme bucket fisherman) fishes right next to you, how do you handle it. It annoys me sometimes because I am a shore angler too and growing up when we didn't have any money to afford a boat it really annoyed the hell out of me. I remember I threw rocks near this bass guy because he wouldn't leave us alone he got the message after that. Every time we caught something hell be on top on us despite us moving to different locations.

[Marley]

Hey Vinh, having money to buy a boat doesn't guarantee a guy will possess any kind of etiquette, much less display it. I like to crowd the shoreline when I boat but it's always in an area either devoid of shoreline anglers or in a part of the lake inaccessible to them.
Bass guys who know what they're doing don't bother me much at all: it's the wannabes. I've had them motor between me and the shoreline I was working when that shoreline was 30 feet or less away. Nutsax.
A polite rebuke and verbal nudge to move out should be enough to clear your lanes, but rocks are a nice Plan-B Other than that you just have to put up with them, all the while knowing in your heart that they're not going to catch a darned thing.
Above all, be and stay safe.

[Vinh]

Marley you are correct . There is nothing wrong with crowding the shoreline when no one is there. In fact the game warden usually would leave those people alone they are not hurting anyone. I do that too and I am sure others have too. Good catching my friend

[smokehound]

Your only chance is to become a better fisherman. Toss your lure at his, and you two will have a fight you'll never forget.

[DEVOREFLYER]

You need to really rethink about throwing a rock or chucking a lure at a boater or anyone for that matter. If it happened to me I would make it one of the top 5 events in your life you would not want to experience again.
A little law for you to review. The rock or lure does not have to hit the boater for the thrower to be charged. Hitting a boater raises it to another level (Battery).

California assault law, Penal Code 240, defines an assault—also known as a “simple assault”—as an attempt to commit a violent injury on someone else.

For a defendant to be convicted in a criminal jury trial of California assault under PC 240, all of the following must be true:
1. The defendant did something that was likely to result in the use of force against someone else;
2. The defendant did so willfully;
3. The defendant was aware of facts that would lead a reasonable person to believe that this act would directly and probably result in force being applied to the other person; and
4. When the defendant acted, s/he had the ability to apply force to the other person.

Even though people often use the phrase “assault & battery,” California assault and California battery are actually two distinct crimes. The California crime of battery consists of the actual use of unlawful force or violence against someone else (as opposed to just an attempt to do so).

Examples
The following are examples of situations where California assault charges may be filed:
• After a man propositions her at a bar in a way she finds offensive, a woman throws the glass containing her drink at him;
• During a fight with a stranger over a parking space, a man swings at the stranger in an attempt to hit him, but the stranger ducks and avoids being hit; and
• Two teenagers throw rocks at their neighbor while she is gardening in her yard.

[Vinh]

I am not trying to be difficult Devon but how I am supposed to handle the situation. Walk away works but if the problem doesn't go away something has to give.I am well aware with assault and battery and if you are going to sue me for throwing gravel to screw up your fishing because you screwed up mine fine. Look at #3 in the penal code , it has to be within reason. So if I threw a crumpled up piece of paper at you would that be assault. It becomes assault when you are making the attempt to get at me with a object that could cause harm because I pissed you off. Assault is the attempt and battery is the completed act. Secondly its not assault because I am not making the attempt at all.All I am doing is ruining your fishing because you are ruining mine. FYI if a person could throw a rock from shore and it lands close to the vicinity of the boater that means they are too close. Honestly I do not understand boaters who get to close because most of the time they should already have experienced catching fish and there is no need to ruin the experience for someone else. I remember when I first started fishing I kept most of my catch nowadays I rarely keep a fish. I usually kayak fish if I have the time and I always do my best to give people their space because that's how I would like to be treated. If I am interested in fishing next to someone I always ask and most of the time they are cool with it I wonder why.

[Baja1ab]

There are buoys out there in most lakes which tells the boat fishermen that they are getting too close.

(usually a basspro guy or extreme bucket fisherman)

1. Shoreline bouys are not there to tell "boat fisherman" that they are too close to shore fisherman, lol. Those typically mark the beginning of a no-wake zone or 5mph zone. It's purely a boater safety thing that has absolutely nothing to do with fishing. They could also be marking some under water structure. Otherwise they are labeled w a specific sign.

2. What the hell is a "basspro guy"? In your other post they were "wannabe bass pro guys", as though bein a "basspro guy" might be a goal someone would like or hope to achieve, but these "guys" were just wannabe versions of that. Now you've scaled it back to just "basspro guy" so I am thoroughly confused.

Oh, and well said, Devore.

[Vinh]

typo error

[DEVOREFLYER]

I am not trying to be difficult Devon but how I am supposed to handle the situation. Walk away works but if the problem doesn't go away something has to give.I am well aware with assault and battery and if you are going to sue me for throwing gravel to screw up your fishing because you screwed up mine fine. Look at #3 in the penal code , it has to be within reason. So if I threw a crumpled up piece of paper at you would that be assault. It becomes assault when you are making the attempt to get at me with a object that could cause harm because I pissed you off. Assault is the attempt and battery is the completed act. Secondly its not assault because I am not making the attempt at all.All I am doing is ruining your fishing because you are ruining mine. FYI if a person could throw a rock from shore and it lands close to the vicinity of the boater that means they are too close.

There is no law or rule requiring anyone whether fishing from shore or from a boat to maintain any distance from another it is only a common courtesy thing. You obviously have not fished at Lake Crowley on opening day, a local pond during a Trout Derby, a small river during a Salmon run or on an offshore party boat. Sooner or later as a former LEO and a retired litigation consultant and expert witness I am telling you that your attitude or actions are going to give you more legal trouble than you can believe or someone will turn you into chum. I actually know the law and practiced it for a living. It's free advise and you can take it or leave it.

[Vinh]

Okay I appreciate it Devor. I am not a lawyer but I did take criminal law and report writing so I do know a thing or two. Like I said I don't like fights but my question to you is what about harassment. I believe the buoys are a rule that is based on an individual basis. Here check it out. If I could prove harassment does it mean every time I fish at a lake and get a restraining order on someone they cant be there. My attitude has not gotten me into trouble like I said I don't like fights. I remember this guy lunged at me and then pushed me off my chair a while back because he thought I was the one who threw something at him in the library. I checked first his shot but he was still pissed and he push me off my chair when I wasn't looking. When that happened and I told him it wasn't me and everyone vouched for me. He continued to say stuff to me and I told him if he touched me like that again its going to get serious and walked away. Now I could have gotten into a fist fight and let go scotch free but hey I was in school and I didn't want to get kicked out or deal with the "legal trouble" so I shallowed my pride and walked away. Don't assume you know me without meeting me. Sure we have different beliefs and disagree but I am sure if we met in person well get along


527.6. (a) (1) A person who has suffered harassment as defined in
subdivision (b) may seek a temporary restraining order and an
injunction prohibiting harassment as provided in this section.
(2) A minor, under 12 years of age, accompanied by a duly
appointed and acting guardian ad litem, shall be permitted to appear
in court without counsel for the limited purpose of requesting or
opposing a request for a temporary restraining order or injunction,
or both, under this section as provided in Section 374.
(b) For the purposes of this section:
(1) "Course of conduct" is a pattern of conduct composed of a
series of acts over a period of time, however short, evidencing a
continuity of purpose, including following or stalking an individual,
making harassing telephone calls to an individual, or sending
harassing correspondence to an individual by any means, including,
but not limited to, the use of public or private mails, interoffice
mail, facsimile, or computer email. Constitutionally protected
activity is not included within the meaning of "course of conduct."
(2) "Credible threat of violence" is a knowing and willful
statement or course of conduct that would place a reasonable person
in fear for his or her safety, or the safety of his or her immediate
family, and that serves no legitimate purpose.
(3) "Harassment" is unlawful violence, a credible threat of
violence, or a knowing and willful course of conduct directed at a
specific person that seriously alarms, annoys, or harasses the
person, and that serves no legitimate purpose. The course of conduct
must be such as would cause a reasonable person to suffer substantial
emotional distress, and must actually cause substantial emotional
distress to the petitioner.