Lobster pot liability

+1

It's a form of arrogance that I'm unhappy at being involuntarily associated with.

Crab pots were out there long before yachts. By all means grumble at the tiny grey bleach bottle on a dozen yards of floating polyprop, but if it's got a flag on top then it has every right to be there.

Pete
I think the thing often forgotten is that just as we have no interest in getting caught on fishing gear, fisherman have no interest in losing their gear through having it caught on a passing boat - probably a bit of education on both sides would go more towards avoiding problems.
 
What's the big deal and why do so many of the sailors on this forum seem to think that they should have exclusive use of the waters around them? They are destined to lives of discontent and endless disappointment unless they go out and buy a private lake for their sole use...

Oh well that's fine.

I fancy starting a little engineering business. Surely no one will mind if I park my lathe in the middle of the pavement? People can easily walk round it!

I certainly don't expect exclusive use of the waters around me but it seems a bit stupid to put any kind of obstruction on a leading line. The whole purpose of having leading marks is to enable people to safely find, or keep within, a narrow channel. The idea is that you follow the marks. If the area is full of submerged rocks and there are strong tides (as I believe is the case with Holy Island) then I'd want to make damn sure I stayed on the line.
 
>>fisherman have no interest in losing their gear

If that were the case, why would they use small, dark blue or black, plastic bottles?
I'm seeing a lot more of these around the Solent, compared to the more easily spotted white bottles.
 
Oh well that's fine.

I fancy starting a little engineering business. Surely no one will mind if I park my lathe in the middle of the pavement? People can easily walk round it!

I certainly don't expect exclusive use of the waters around me but it seems a bit stupid to put any kind of obstruction on a leading line. The whole purpose of having leading marks is to enable people to safely find, or keep within, a narrow channel. The idea is that you follow the marks. If the area is full of submerged rocks and there are strong tides (as I believe is the case with Holy Island) then I'd want to make damn sure I stayed on the line.

You've been very restrained there. I think it's downright dangerous.

This MCA guidance makes interesting reading. Note the comment that "Gear should be set outside navigable channels"
http://www.rya.org.uk/SiteCollectio...and Safety/Marking-of-fishing-gear-MCA067.pdf
 
>>fisherman have no interest in losing their gear

If that were the case, why would they use small, dark blue or black, plastic bottles?
I'm seeing a lot more of these around the Solent, compared to the more easily spotted white bottles.

I'm sure it's been mentioned before but black is actually much easier to spot than white during the day at least particularly if there are any white horses around which is why its often deliberately used for pot buoys, flags etc. Of course the day glow type are much better but as most inshore fisherman are broke you can understand (but not condone) why they go for old industrial containers instead.
 
How exactly are we supposed to avoid these things at night, even if they are marked? Whilst the chances of getting caught are quite low, laying on a leading line, an anchors ge or a fairway is surely negligent, or a least stupid and the person doing so should be liable for damage caused.
 
I do sympathise as a yacht sailor but there are as many, (if not more) fishing boats that snag their own pots (or others) than leisure boats, and the resulting damage and costs are usually greater as they have large reduction gearboxes, more hp and more torque. Gearboxes pulled off engines are not uncommon.

The point is most fishermen know the pots have to be easily seen.
 
also are not engaged (usually) in any kind of commercial activity just out for pleasure.

that makes no difference legally or morally. indeed , there is a strong argument that those who have huge aquired experience of handling a boat at sea should give extra consideration to the much less experienced family yottie.
 
>>fisherman have no interest in losing their gear

If that were the case, why would they use small, dark blue or black, plastic bottles?
I'm seeing a lot more of these around the Solent, compared to the more easily spotted white bottles.
If you are seeing more of them and not getting caught up on more of them it might suggest that they are doing something right mightn't it?
 
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I certainly don't expect exclusive use of the waters around me but it seems a bit stupid to put any kind of obstruction on a leading line. The whole purpose of having leading marks is to enable people to safely find, or keep within, a narrow channel. The idea is that you follow the marks. If the area is full of submerged rocks and there are strong tides (as I believe is the case with Holy Island) then I'd want to make damn sure I stayed on the line.

It would seem to be but it happens, we used to have a Coastguard tug come and anchor in the roads every now and then and you could guarantee that he would anchor in such a position that it totally blocked leading marks from two directions, not very helpful at all.

Bosun Higgs said:
that makes no difference legally or morally. indeed , there is a strong argument that those who have huge aquired experience of handling a boat at sea should give extra consideration to the much less experienced family yottie.

Probably not but why should anyone working the sea for a living give any consideration about someone with little experience, unless they required assistance, if their favoured productive fishing spot happens to be close to a heavy traffic area they will still fish it they are not going to move their gear to somewhere less productive just to avoid catching an inexperienced yachtie.
 
what is negligent about a 'well marked pot', perhaps it was a good catching spot. It all comes down to keeping a good lookout. Fishing pots and floats have been the tried and tested fishing method for shellfish and netting for fish for centuries, yachts with pointy keels and vulnerable rudders and exposed props are relatively recent on the scene in the scheme of things and also are not engaged (usually) in any kind of commercial activity just out for pleasure.

Touchpaper lit . . . . . now to retire to a safe distance

Yes, touchpaper lit.

Here we have in a nutshell the careless, selfish attitude of a lot of lobster fishermen.

' Just comes down to lookout ' does it, how about at night ?

How about in places where the tide pulls the pot buoys just underwater ?

Laying pots on direct courses is by no means rare, there is a string of them off Hayling foreshore directly on the line taken between Chichester Entrance and the Dolphin Passage in the submarine barrier.

' Well marked ' is a joke, the marker is usually an old plastic can.
 
..and just to add further to flames of passion, it could be that if a single lobby pot rather than a string that it drifted from its original spot outside of the channel? I have seen that happen a few times when the tide comes in the marker is sufficient to lift the pot enough so that it can drag along the bottom out of position.

Am sure that no fisherman wants to deliberately place their pots where they are going to lose them or get run down.....after all he prob has to come in and out of the same harbour as does his mates! :D
 
The worst two examples I saw this year were the sound of Monach almost blocked by lines floating 50m on the surface. There would have been no chance if motoring at night. The second was a pot someone had laid in the anchoring area in Tobermory again with a very long length of floating line. I managed to get it round my skeg whilst anchoring and would have been on the rocks if the wind had been a bit stronger. It seems to have been there most of the summer and was definitely a pot as I had to lift it to get it clear. Last year I came across a line of small grey mussel floats directly across the track from Ardrishaig to Tarbert. Impossible to see at night. I can't believe these are being left by professional fishermen.
 
everything I hear about Australia leads me to believe that they regulate the sea as if it were a council-run boating lake in the municipal park.

Pete

errr! not my experience Pete. very little regulation except you must have a basic boat operators licence to drive any kind of boat with a motor. otherwise, regulations on fish bag limits and fish catch size (sensible).

maybe everything you hear about Australia is not necessarily true? (except the great weather, clean beaches, great food, awful beer -granted, great wine, toxic animals etc)
 
In this country you would be fined for damaging the gear. The fisherman, presuming he is a professional pays annual fees which enables him to set this gear, he rents the spot if you like. He has to mark it clearly and you have to keep away! If your an amateur you can also set a limited amount of gear, clearly marked. In your case its probably free because the fee is paid by the community or in other words the professional is paying yours as well.

if the pot is not marked and you run into it at night there is no fine for damage as long as you were not negligent or malign. I hav edome multiple deliveries Hobart to Melbourne/Hobart to Adelaide and the pots off the coast are a huge problem at night.and the fee does not allow the fisherman to rent a spot - open sea and all that
 
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