Hey Dogfish,

It would appear the same type of law exists in WA as in OR. I can guarantee that the police up there still need to have probable cause to stop and detain you against your will. That is, even if they observed you land a fish the government is STILL under the burden of showing that more likely than not that fish or methods used to catch that fish are “on their face” (prima facie) illegal and warrants additional investigation. No government entity can act in such a way that waters down or weakens the constitution. But in this case both OR and WA both have these laws on the books that the government knows are illegal.

However, because these laws are “unenforceable“ (that is they wouldn’t stand up to court scrutiny) does not make them worthless. It makes it easier for government to keep the people who don’t know any better in line. It makes them think that if they are merely contacted by law enforcement then that’s the first thing they must show the officer, their license and/or tag and catch. I can’t make it any more clear than to ask the officer what PC he has. If he replies that he has reports of a boat matching your description was seen angling in an illegal manner then he has PC to stop you. Cooperate with the cops but DO NOT consent to a search of anything, tags, license or catch and make that understood by the officer. On the other hand if he says it’s just “routine” then politely tell him you’re not doing anything wrong and to leave you alone. To go even one more step, as I alluded to before I’d be the first to report a violation, and even go on record but I’m still not giving up my rights.

Another thing, (this is for everyone) if you do see what appears to you as a violation, be a good witness and note as much detail as possible and above all do not be afraid to report it nor be afraid to go on record. I actually enjoyed go to court and testifying. I found it quite interesting. But more to the point, an anonymous tip is nearly worthless. Not to say the police won’t act on it, but when there is a NAMED complainant they stand on much more firm legal ground when contacting a suspect. We as citizens (and fisher-people) need to take the responsibility of policing ourselves more than has been my experience.