Why is it....

[Shreddy]

Originally Posted by Dave R

I am pretty sure there's no way. I also think the signs/requests to leave might even be illegal...

207:57 Harassment. –
I. No person shall purposely obstruct or impede the participation of any individual in the lawful activity of hunting, fishing or trapping while that individual is in a designated hunting area on public lands. No person shall enter or remain in a designated hunting area on any state lands with the intent to purposely obstruct or impede the participation of any individual in the lawful activity of hunting, fishing or trapping.
II. The provisions of paragraph I shall not apply to the actions of law enforcement officers and personnel of the department of fish and game in the performance of their official duties. The provisions of paragraph I shall not apply to any incidental interference arising from the lawful and normal activities of public land users.
III. The executive director shall adopt rules, pursuant to RSA 541-A, to administer this section and to establish designated hunting areas on public lands, if he finds that a significant interference with or disruption of a hunt is likely to occur on those lands.
IV. Any person violating the provisions of this section shall be guilty of a violation.
Source. 1989, 308:1, eff. May 29, 1989.

Interesting information. Guess I'll know that for the future!

Let's try this, if my boat is tied up to my dock, can I fish in my marina if we have imposed rules against fishing in the marina? If not, I'm sure I could untie from the dock and simply put down an anchor and fish, correct? I'm just curious, I don't really fish much.

[Dave R]

Originally Posted by Shreddy

Interesting information. Guess I'll know that for the future!

Let's try this, if my boat is tied up to my dock, can I fish in my marina if we have imposed rules against fishing in the marina? If not, I'm sure I could untie from the dock and simply put down an anchor and fish, correct? I'm just curious, I don't really fish much.

Legally, I'd say you'd be fine. I doubt it would make you many friends there though...

[jrc]

Originally Posted by Shreddy

Interesting information. Guess I'll know that for the future!

Let's try this, if my boat is tied up to my dock, can I fish in my marina if we have imposed rules against fishing in the marina? If not, I'm sure I could untie from the dock and simply put down an anchor and fish, correct? I'm just curious, I don't really fish much.

No you can't fish in either of these situations. You agreed when you rented/bought your dock to follow the marina rules. If they imposed a rule against fishing in your marina, you must follow those rules. The general public never agreed to those rules, so they don't have to follow them.

Now breaking a marina rule is not breaking a law, so the police or Fish and Games people won't bother you. The management of the marina can do whatever they do to rule breakers.

[GM doc]

Originally Posted by jrc

No you can't fish in either of these situations. You agreed when you rented/bought your dock to follow the marina rules. If they imposed a rule against fishing in your marina, you must follow those rules. The general public never agreed to those rules, so they don't have to follow them.

Now breaking a marina rule is not breaking a law, so the police or Fish and Games people won't bother you. The management of the marina can do whatever they do to rule breakers.

So how much of the area does the marina OWN of the water? This would be a very ugly court case if a "member" was NOT TIED to the dock and was fishing.
I KNOW what I am going to do next year.
So if the marina hassels me while fishing, THEY are breaking the law correct?

[jrc]

GM, as you imply from your question, the marina owns none of the water. So you are right, it's not really clear what a member can do when their club has a rule against fishing in the marina. I guess it depends on the club's definition of "in the marina". Tied to a dock seems like it is obviously in the marina, but floating free or anchored it becomes more subjective.

I doubt this ever gets to a court case, it's all about breaking rules you agreed to. If the rules are unclear or unbearable then you shouldn't really agree. The club should clarify the rules if they want them followed.

[Dave R]

Originally Posted by GM doc

So if the marina hassels me while fishing, THEY are breaking the law correct?

I think they are. A friend of mine is an educator for NH Fish and Game and he said F&G is quite strict about this sort of thing. He said they will prosecute for things like posting "No Hunting" signs on property that you don't own.