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Forums > General Discussion   Shooting the breeze...

Maritime law - get hooked

Reply
Created by Macroscien > 9 months ago, 16 Sep 2012
Macroscien
QLD, 6808 posts
16 Sep 2012 10:40AM
Thumbs Up

Many of you possibly had this before many times already and know how to deal with such event.
For a second time I was caught by a boat suddenly anchoring in the middle path of our kite and windsurfing popular spot.
Just 50 meters of the bank, anglers from a dinghy throw that line and start 'fishing'
Beside kiter that were more lucky and free himself quickly they cough me.
This anchor embedded in my leg and there was a fishing line, God know how long.
It took me half an hour to swim back to the shallows, free myself and wind up that 'thingi".



the question is (or ever are ):
- is it absolutely legal in Aus to park fishing boat and throw the line anywhere ? Or there are some rules and exceptions ( ie public beaches?)
-have you got any tip how to avoid ' get hooked' . Educated by first encounter a year ago I have been looking carefully on the boat, for rods and lines, try to get safe distance , but bang , I get caught anyway
-Should I ask boat owner for any contact number ( just in case they need his property back ( that anchor thingi))
-Could such anchor carry any nasty disease - when puncture your skin HIV ? Hepatitis ? nasty bacteria ?
-In the case of legal dispute - who is likely to win the quarrel ? Fishermen/angler for damaging his fishing equipment or vice versa?

seanhogan
QLD, 3424 posts
16 Sep 2012 10:48AM
Thumbs Up

the anchor is called a fishing hook

winner is the fish

seriously though, you should always stay clear from fishing boats, better safe than sorry

Macroscien
QLD, 6808 posts
16 Sep 2012 11:00AM
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seanhogan said...

winner is the fish



I suspect that is the strategy.
Get me on the end of this line as bait, then bigger fish come (shark) to get the snack

SP
10980 posts
16 Sep 2012 9:07AM
Thumbs Up

Select to expand quote

-In the case of legal dispute - who is likely to win the quarrel ? Fishermen/angler for damaging his fishing equipment or vice versa?


Fisherman, he is stationary not under power and at anchor... You are moving you have to give way to him. And stay a safe distance. Effectively you are a powered vessel and need to act as such.

This is from the NSW maritime, might be different wherever you live.




Both sailboards and kiteboards are classified as vessels and therefore come under NSW marine legislation.

Distance off

When travelling at 10 knots or more, sailboarders/ kitesurfers and their equipment, including kite and lines, must:

Maintain a minimum distance of 60m from any persons or non-powered vessels or 30m from powered vessels and any objects in the water or, if that is not possible, a safe distance.
Stay out of a designated swimming zone (see page 34).
Lifejacket

Macroscien
QLD, 6808 posts
16 Sep 2012 11:19AM
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SP said...


You are moving you have to give way to him.


ok I get it.
Prevoiusly I was caught by bigger real fishing boat speeding across our kite, windurfing path. We both have been moving..
I guess this 30 m safe distance behind should be good indicator...
I hope they do not draw 500 m lines behind

Subsonic
WA, 3212 posts
16 Sep 2012 10:01AM
Thumbs Up

Select to expand quote
SP said...


-In the case of legal dispute - who is likely to win the quarrel ? Fishermen/angler for damaging his fishing equipment or vice versa?


Fisherman, he is stationary not under power and at anchor... You are moving you have to give way to him. And stay a safe distance. Effectively you are a powered vessel and need to act as such.

This is from the NSW maritime, might be different wherever you live.




Both sailboards and kiteboards are classified as vessels and therefore come under NSW marine legislation.

Distance off

When travelling at 10 knots or more, sailboarders/ kitesurfers and their equipment, including kite and lines, must:

Maintain a minimum distance of 60m from any persons or non-powered vessels or 30m from powered vessels and any objects in the water or, if that is not possible, a safe distance.
Stay out of a designated swimming zone (see page 34).
Lifejacket



I completely agree, you should stay well away from a stationary vessel and follow the local laws whatever they are, but a near invisible fishing line is a hazard to navigation. I doubt the fishermans gonna try his luck over some fishing line and a hook, especially if its caused someone else an injury.

I'd go get the injury checked out Macro, I doubt HIV is going to be an issue, but tetnus/infection might be.

Macroscien
QLD, 6808 posts
16 Sep 2012 12:07PM
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Now from motor boat operator perspective.
Suppose that we would like to have motor boat licence and spot following question during our test exam.

You are sailing your recreational motor powered vessel trolling a fishing line,
when suddenly you spot unfamiliar object attached to your fishing line.
After closer examination you did recognized this object as kite, wind or any other kind of surfer not the fish type you are more familiar with. Your course of action should be:
a) cut the line to cut the loses and speed away
b) come back full speed and try to run over perpetrator
c) wait and see how long the objects remain in the water shaking before remain still
d) call 911
e) other


Simon100
QLD, 490 posts
16 Sep 2012 12:19PM
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ive wondered about this too , like if you went to a park and strung up some fishing line in front of where kids are playing so it grabs them on the neck the cops would be onto you yet in the water it seems to be ok . Whats with crab pots and the ropes from them , there a massive hazard some times with barely visible or even submerged floats yet there doesnt seem to be any laws about them ?

Macroscien
QLD, 6808 posts
16 Sep 2012 12:35PM
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I am not worry about myself as I have full life insurance and plenty of lucky in my backpack.
But one day one of us could get hurt and family will rush to read SB for answers to redress the loss.
For me the more we know is the best.

bobajob
QLD, 1535 posts
16 Sep 2012 1:12PM
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Geez Macro, your to polite, did you give em what for!

DASZIP
SA, 135 posts
16 Sep 2012 12:43PM
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Simon100 said...

ive wondered about this too , like if you went to a park and strung up some fishing line in front of where kids are playing so it grabs them on the neck the cops would be onto you yet in the water it seems to be ok . Whats with crab pots and the ropes from them , there a massive hazard some times with barely visible or even submerged floats yet there doesnt seem to be any laws about them ?


Not sure about the rest off australia but S.A. hs recreational requirements on crab nets which require floats to be off certain size and color also on the amount off nets used and how far away owner is from nets. Normally though in my area there is plenty of water to go around nets boats and swimmers. No point in getting to close and injuring yourself others or your gear.

Macroscien
QLD, 6808 posts
16 Sep 2012 2:23PM
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Suppouse that you get tangled at that line in the water but hasn't as much luck as I had.
Do our general life insurance policy cover such accident ?

Life insurance company could afford to have good, smart lawyers.

They could blame boat user, to transfer claim loss to motor boat insurance company.

R0CKH0PPER
131 posts
16 Sep 2012 4:49PM
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Quite frankly it couldnt have happened to a better person.

And your spelling is atroshus.

theDoctor
NSW, 5784 posts
16 Sep 2012 7:14PM
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*atrocious

wow, I thought going by the title of this thread, that we were going to nut out the illegalities of our bogus and unconstitutional magistrates commercial court system..

but it's just some tool who kited into a boat


sorry macro, but its' not like you could not see the boat

and only a euro would try and force right of way on an anchored boat

Macroscien
QLD, 6808 posts
16 Sep 2012 7:20PM
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theDoctor said...

but it's just some Fool who kited into a boat



NOoo, not again

Sailhack
VIC, 5000 posts
16 Sep 2012 9:43PM
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As a windsurfer/sup'er & fisherman...the rule is generally - stationary craft has the right...

In saying that, there are some inconsiderate pr!cks out there!

patsken
WA, 708 posts
16 Sep 2012 9:10PM
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Sailhack said...

As a windsurfer/sup'er & fisherman...the rule is generally - stationary craft has the right...

In saying that, there are some inconsiderate pr!cks out there!


Is his fishing gear/line/hook that he threw 50 metres away part of the craft ???

Mark _australia
WA, 22812 posts
16 Sep 2012 9:25PM
Thumbs Up

If a boat is moored with fishing rods sticking up in the air, just don't sail / kite right next to it. I'm sure it is easy to give it 50m leeway?
Unless you are lining up for the keyhole in a reef with nasty stuff either side, and they are smack bang in the middle of where you have to go, but that would be pretty damn rare.

Boaties flicking lures around - can't see how you got hooked, seriously

Macroscien
QLD, 6808 posts
16 Sep 2012 11:45PM
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Mark _australia said...
- can't see how you got hooked, seriously

me too , seriously
next time I will take my time to take some pictures and post here.
opportunity happen way too often IMO.
I have nothing against anglers and want to become one one day.(??that sounds silly in my engrish, correct me someone)
Everything you say and I learn here help me on both occasion as a windsurfer/angler.

R0CKH0PPER
131 posts
16 Sep 2012 10:16PM
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Macroscien said...


-Could such anchor carry any nasty disease - when puncture your skin HIV ?



I'd be interested in hearing your thought path on this.

Chris6791
WA, 3271 posts
16 Sep 2012 11:29PM
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This oldie comes to mind.


Mark _australia
WA, 22812 posts
16 Sep 2012 11:48PM
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R0CKH0PPER said...

Macroscien said...


-Could such anchor carry any nasty disease - when puncture your skin HIV ?



I'd be interested in hearing your thought path on this.


Gay immigrants fishing

Dawn Patrol
WA, 1991 posts
16 Sep 2012 11:54PM
Thumbs Up

I can't believe you have been 'caught' twice. That in itself is a little bit funny . At least you'll have a few rigs to start fishing with now!

I wouldn't be worried about catching anything from it though. I've knicked myself heaps of time rigging up fishing gear... and look how i turned out .

Waterloo
QLD, 1496 posts
17 Sep 2012 10:57AM
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Dawn Patrol said...


I can't believe you have been 'caught' twice....




Yes, we should learn from the great sage...

Macroscien
QLD, 6808 posts
17 Sep 2012 11:33AM
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I am not sure what is so funny ?

the hooker is here




still have got very sharp teeth

did I say anything funny ?

could really transfer disease.

I strongly demand to all anglers use right protection over this thingi.
Rubber condom will do.

Dawn Patrol
WA, 1991 posts
17 Sep 2012 9:49AM
Thumbs Up

Macroscien said...



I strongly demand to all anglers use right protection over this thingi.
Rubber condom will do.


That is a top idea. A rubber condom over either leg should provide you with adequate protection. If you want to be extra safe, you can double up.

Macroscien
QLD, 6808 posts
17 Sep 2012 12:43PM
Thumbs Up

Dawn Patrol said...
A rubber condom over either leg should provide you with adequate protection.

How do you protect your head then ?
Could you cut at least few holes to see and breathe ?
Looks familiar, I think I saw you somewhere recently



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Forums > General Discussion   Shooting the breeze...


"Maritime law - get hooked" started by Macroscien