Registered: 10/26/10
Posts: 7260
Loc: Snohomish, WA
What BS. A permanent HWY side access point needs to be established and provided. A paved lot with a foot traffic overpass. Once the paved lot is full, if you park on the shoulder, its a ticket for safety reasons. The solution is not to restrict further access. The solution is to work with the people paying your salaries. That is unless, you don't like your salaries being funded by license fees? Work with us and we'll work with you. It's a pretty simple concept.
WDFW, I know its a lot to ask, but please wake up.
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“If the military were fighting for our freedom, they would be storming Capitol Hill”. – FleaFlickr02
Way back when there was guy in WDG who personally funded a position that looked at getting donations of money, easements, and property for access for fishing and hunting. It was called the Citizens Wildlife Heritage Program. Active in the late 70s and I don't know how much longer. Access for the license holders used to be a priority.
Registered: 10/26/10
Posts: 7260
Loc: Snohomish, WA
Originally Posted By: Carcassman
They have full police powers. Trespassing is illegal.
That's right and in some cases even more so. Fed level powers above and beyond most in-state enforcement agencies. Not really to be trifled with...at all.
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“If the military were fighting for our freedom, they would be storming Capitol Hill”. – FleaFlickr02
Registered: 10/26/10
Posts: 7260
Loc: Snohomish, WA
Guys - Fish & Wildlife Agents from each state by and large have massive Federal level powers akin to US Marshalls, FBI, DEA, ATF agents or there abouts. They actually are designed to be that way as they work in remote and dangerous areas and regions, across state lines (poaching rings) and often either work on those other agencies behalf OR assist them hand in hand in the field. A WA State Trooper wishes he had a quarter as much power as a WDFW Field Agent.
This is why it cracks me up when I see idiot "sportsmen" flip em' crap in the field. They really don't understand with whom they are messing with.
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“If the military were fighting for our freedom, they would be storming Capitol Hill”. – FleaFlickr02
you're just a nuisance, a plebe, a necessary speck needed only for your money.
.....be thankful "they" let you fish at all.
Next time "they" grace you with their presence, lay on your belly and grovel to the man. After all, you are not worthy. You are just another stinking sport fishermen. A leech on the system. A drain on the resources of the Royal Commercials and the Nobel Tribes!
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"Forgiveness is between them and God. My job is to arrange the meeting."
Registered: 04/25/00
Posts: 5077
Loc: East of Aberdeen, West of Mont...
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"!!!!!!!!!!!
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"Worse day sport fishing, still better than the best day working"
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.
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....
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
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.