Well guys, no more second-guessing what the game laws are anymore! After reading all the different opinions that were given to my thread "Should fishing guides be allowed to hook your limits?" the need was shown to give us the real answers about these gray and ambiguous fishing rules. Thanks to the Chief of Enforcement, Bruce Bjork, we now have a better understanding of some uncertain and unclear fishing regulation.

Basically, 5 specific questions were asked for legal interruptions. The 5 questions and the answers from the Chief of Enforcements (Bruce Bjork) are listed below. I am sure that both sport fishermen and fishing guides will now think twice about what is or isn't legal to do when fishing in freshwater. Mr. Bjork also stated this "Thank you for your letter dated July 2, 200 1. I appreciate the opportunity to respond to your questions about our fishing regulations. The answers are based on the Revised Code of Washington (RCW) Title 77, Department rules, and the Washington Administrative Code (WAC) Chapters 220 and 232. Bear in mind that our Enforcement Officers have some discretion in how they handle violations. Therefore, no absolute answers can be given to some of your questions. However, I have attempted to provide you with reasonable answers based on your specific scenarios. Other situations may be handled differently" It may be a good idea for you to make a copy of his replies to the 5 questions. Someday, It may save you money in court!

What do you guys think about his answers?

Question 1) Is it legal for a licensed freshwater sport-fishing guide to fish for, or hook fish for his clients on his personal fishing rod so that his client can "land the fish"? Could both the client and the guide be citied if the act was illegal, or would just one party be citied? If the act were an illegal one, what would the maximum fine or penalty be for such an offense?

Answer: This may or may not be a violation. At the time the client takes the guide's pole, if the client has another line in the water, that would definitely violate WAC 220.56.115(l) for food fish or WAC 232.12.147(l) for garnefish, which generally limit each fisher to one line (pole). Yes, both could be cited, the client under RCW 77.15.380 (I) b, Unlawful Recreational Fishing - 2nd Degree, for using more than one line, and the guide for RCW 9A.76.090(l), Rendering Criminal Assistance - 3rd Degree. Both violations are misdemeanors, and therefore the maximum penalty is a $1000 fine, and 90 days in jail. However, bail amounts for these violations are usually $100 and: $250 respectively. If these individuals paid this bail amount to the court within 15 days, they would not have to appear. The Department considers this the equivalent of a guilty plea. If the client and the guide periodically trade gear and neither has caught a limit, there would be no violation"

Question 2) Your pamphlet states "You May Not: Fish with a rod not under your immediate control". Does that mean that by handing your fishing rod off to someone else, after you have hooked a fish, that your rod is no longer under "your immediate control" and that the person who is the now "holding the rod" is one in the "immediate control"? Or does it mean something completely different? Is it referring to a certain act, or i.e. the distance to be away from your rod, or does it refer to the possession of, or custody of the rod? As examples, if 5 persons were all fishing in a 20-foot guide boat, and all five
persons had fishing rods in the water, how would this rule apply, would it apply only to the person who is holding the rod, or could that person hand his rod off to another person who also was fishing with a rod? If two (2) fishermen were both fishing, and both parties had their fishing rods with their lines in the water, could they let someone else pick up their rod and bring in their fish? When does the term "immediate control" take place in a freshwater fishery and for how long is your fishing rod under "immediate control"? Once a fish is "hooked" by one person can that person legally release his "control" to another person in a freshwater fishery?

Question 3) Depending on what your interpretation is on question 2, does that also mean that the same interpretation applies to all licensed fresh water sport fishermen?


Answers to questions 2&3: "Response to Questions 2 and 3: The major part of these questions deal with using a second pole and relate back to question 1. WAC 220.56.115(3) for foodfish, and WAC 232.12.147(l) for gamefish require a fisher to keep his angling gear under his immediate control. The intent of these rules is to keep fishers close enough to their gear so that they can quickly notice when they have a fish on, and can pick up their pole and play the fish. Also, if a fisher is too far from his gear, it may appear that someone else is fishing with multiple lines. There is no specific maximum distance from pole to fisher; it depends on the situation. The fisher could be cited under RCW77.15.380 (1) b, Unlawful Recreational Fishing-2nd Degree, usually a $100 bail.

Question 4) Can a freshwater sport-fishing guide, or his clients, or any group of sport fishermen be allowed to continue fishing in a boat on a fresh water river until "the entire boat" achieves it's "full limits" for all their clients? As example, It is common practice for a fish guide, and a party of 4 fishermen (clients) to keep fishing with all 5 fishing rods, even those 2 of the clients may have already landed there limits, with the goal of filling out limits for all 4 clients. If this is not legal, is everyone in the boat participating in a commission of a violation of the fishing laws? Would both the guide and the client(s) get citied? Many people are under the belief that just because the saltwater charters boat are legally allowed to fish until the "boat" gets its full limits for everyone, that its also legal to do the same in a freshwater guides boat fishery. If the act were illegal, what would the maximum fine or penalty be for such an offense?

Answer: This also refers back to question 1. No, in general, the common practice that you describe is unlawful in freshwater. A new WAC 220.56.115(4), effective May 1, 2001, made it lawful to take boat limits for foodfish and shellfish only in those areas where a saltwater license is valid. This could include a few freshwater areas, like the mouth of the Columbia River, where either a Freshwater or Saltwater fishing license is valid. In all other freshwater areas and whenever fishing for gamefish, this practice is unlawful. Similarly to the question I response, both guide and clients could be cited, depending on -the circumstances.

Question 5) Finally, is it illegal for a license-fishing guide to allow others parties in his boat to participate in, or attempt to catch more then their personal daily bag legal limit of fish, or someone else's daily bag limit of fish? If the act is illegal, what is the maximum fine or penalty?

Answer: Yes, a licensed fishing guide or any boat owner or operator could be charged with a violation of RCW9A.76.090 (l), Rendering Criminal Assistance - 3rd Degree if he facilitates the violation of a law in RCW Title 77 by any fisher on that boat. The severity of the penalty would probably depend on the severity of the RCW Title 77 violations".

Well, guys what do you think, any surprises?


Cowlitzfisherman

Is the taste of the bait worth the sting of the hook????