#931655 - 06/09/15 08:17 AM
Re: Sky police
[Re: bk paige]
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River Nutrients
Registered: 04/25/00
Posts: 5077
Loc: East of Aberdeen, West of Mont...
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Access is at a premium in many of the rivers in my area of the State. Rivers like the Humptulips, the Wynoochee, the Satsop, the Wishkah, the Hoquiam, the North River, and many of the river that flow into the Willapa Bay........in the late 60's, 70's, 80's, there was lots of access to all these rivers....changes in ownership, amount of fisher people, trash, just over all attitude of the "younger generation" have cause many land owners to just "post their lands".
"We have met the enemy, IT IS US"!!!!!!!!!!!
_________________________
"Worse day sport fishing, still better than the best day working"
"I thought growing older, would take longer"
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#931662 - 06/09/15 09:55 AM
Re: Sky police
[Re: bk paige]
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Juvenile at Sea
Registered: 06/22/09
Posts: 144
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#931664 - 06/09/15 10:03 AM
Re: Sky police
[Re: bk paige]
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Juvenile at Sea
Registered: 06/22/09
Posts: 144
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#931665 - 06/09/15 10:04 AM
Re: Sky police
[Re: bk paige]
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Juvenile at Sea
Registered: 06/22/09
Posts: 144
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Concepts about navigability are used to guide a host of legal relationships covering maritime law, titles, and rights of use, to name a few. In this discussion the terms specifically represent navigability- for-title. DNR follows the rule that “navigability or navigable” means that a body of water is ‘capable or susceptible’ of navigation — that is, that the water body has been, is now, or could be used for the transport of useful commerce. Federal law governs ownership title based on navigability; and it is a question of law ultimately determined by federal court. But courts at all levels do consider title (by navigability) disputes and questions such as: What does ‘capable or susceptible’ mean — when did the lake, stream or river demonstrate that it was, or could be, navigable? What if a river, lake or stream was not meandered by the General Land Office surveys? The mere ability to float a log or canoe does not always meet the ‘transport of useful commerce’ test. So, what types of uses for trade or travel support a finding of navigability? Considering these questions, navigability status and state ownership of aquatic lands are decided on a site-by-site basis, and ultimately may need to be determined by the U.S. Supreme Court.
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#931666 - 06/09/15 10:08 AM
Re: Sky police
[Re: bk paige]
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Juvenile at Sea
Registered: 06/22/09
Posts: 144
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So this part...
DNR follows the rule that “navigability or navigable” means that a body of water is ‘capable or susceptible’ of navigation — that is, that the water body has been, is now, or could be used for the transport of useful commerce.
I take it as "used for transport or Commerce" to mean Fishing Guides trips are commerce and therefore any water and river bed under that water would be under DNR control and designated as Public land. so anchoring a Drift boat and getting out and walking or fishing from a sand bar is perfectly legal....
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#931668 - 06/09/15 10:10 AM
Re: Sky police
[Re: bk paige]
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Juvenile at Sea
Registered: 06/22/09
Posts: 144
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and of course crossing private land to get to that water is trespassing. But as far as who owns the river and if someone floats to a sand bar and hops out to fish and a land owner comes out to kick someone off the sand bar.... pack sand so to speak
Edited by Sickpup (06/09/15 10:11 AM)
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#931672 - 06/09/15 11:10 AM
Re: Sky police
[Re: bk paige]
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Three Time Spawner
Registered: 06/03/06
Posts: 1533
Loc: Tacoma
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So next time you are fishing there and are told to leave, refuse. You wouldn't want to cross the tracks illegally and are perfectly legal standing in the water. Parking, unless it is posted on the street or you are not in the right of way, should also be legal. As long as you have the will power and are willing to wait for him to leave, I don't think that there is anything he could do. Perhaps you took a canoe over, but your buddy went for drinks. Perhaps you levitated. If no one saw you trespass, then keep your mouth shut and tell him to leave you alone.
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