Access

Discussion in 'Saltwater' started by stewart dee, May 13, 2011.

  1. rotato Active Member

    Posts: 594
    home,wa
    Ratings: +65 / 0
    sweet texas top hat dude
    but seriously clam rights in the south sound cause different access rules
    just be nice and pick up trash
  2. Go Fish Language, its a virus

    Posts: 1,280
    Rheomode, Wa.
    Ratings: +88 / 0
    The only places you see no trespassing signs
    are areas with public usage near by. I can walk
    a mile of beach in each direction and see zero
    signs like that. The rule of thumb is walk or fish
    the beach but take no clams or oysters.

    Dave
  3. miyawaki Active Member

    Posts: 3,209
    Kent, Washington, USA.
    Ratings: +834 / 1
    I never get hassled on the beaches and I fish in front of homes and over commercial shellfish beds and walk past no trespassing signs. But then, I am alone, quiet and smile and wave politely at the people mowing their lawns. I rarely fish with anyone and when I do, we don't whoop and holler when we have fish on, we don't talk as if no one else is around, and we pick up trash on our way out.

    Leland.
  4. BaldBob Member

    Posts: 68
    DuPont,WA
    Ratings: +23 / 0
    Steve,
    The "joke" is that someone standing on the bottom at a location above the mean low tide line is trespassing on privately owned tidelands even if they are chest deep in the water; while someone in a boat can be way inshore of the wader and not be trespassing so long as they don't touch bottom.
  5. Steve Saville Active Member

    Posts: 2,482
    Tacoma, WA
    Ratings: +312 / 1
    I don't make the laws but I have to abide by them. Anyone who knows me, knows I have no problem with folks on our beach as long as they respect the property. Others don't feel that way and that is their right under the laws of this country. When they change the law, I'll have to abide by that and we probably won't have to pay as much in taxes. That's not likely to happen in my lifetime because the County wants the revenue so it's a mute point.

    It's simple. Knock and ask or suffer any consequences. I guarentee there will be a security guard at Brown's Pont this summer making sure fishermen don't leave the Park boundaries and enter the private tidelands. It's the owners' rights and they will exercise them. We on the other hand, don't mind unless the property is disrespected and then it won't be a security guard. It will be the Sheriff and we will be completely within our rights.
  6. sothereiwas Member

    Posts: 304
    Issaquah, WA
    Ratings: +0 / 0
    After having many conversations with land owners the conclusion that I have come to is that most dont mind people fishing on their property even when posted. The purpose behind posting the property is to keep out undesirable folks who show no respect for their property. They cant discriminate when posting. No trespassing is indiscriminate. Once you have received permission the signs no longer apply to you. During my hunters safety course we covered this in depth. If a land owner was to post "no fishing" or "no hunting" etc, according to state law he would also be excluded from participating in either on their property. Just ask permission, and keep in mind, more than likely, fly fisherman who pick up after themselves and others are probably not the type of people they are trying to exclude.
  7. Bob Triggs Your Preferred Olympic Peninsula Fly Fishing Guide

    Posts: 3,973
    Olympic Peninsula
    Ratings: +643 / 0
    The problem is that you are wading on a privately held shellfish bed, possibly a cultivated shellfish bed- and a boater is not disturbing the bottom if he is not anchoring or bottom bouncing a lead jig etc.
  8. Milt Roe Member

    Posts: 396
    Taco Ma
    Ratings: +14 / 0
    In a nutshell:

    Nobody owns the air, nobody owns the water. Free-swimming fish are public property, no individual owns them either. In Washington State people can and do own tidelands, and the courts have held that shellfish embedded in privately-held tidelands belong to the property owner - same as the potatos in your garden. Traversing across private tidelands in WA remains up to the courts to determine. Other states have affirmed that right. Many argue that traversing the shore is a right guaranteed by the Public Trust Doctrine and the state or private landowners have no authority to restrict that. WA courts have yet to weigh-in on it.

    Questions?
  9. troutaholic Member

    Posts: 289
    University Place, WA, USA.
    Ratings: +2 / 0
    Hey Stewart here's an idea that won't cost you much. Make your own shooting heads. I took some inexpensive fly lines and cut them to size added dacron loops and some good quality running line. Now I have 1 good salt reel and 4 shooting heads in floating, intermediate and 2 sink rates. It takes me about 2=3 minutes to change lines. I can now also really throw some casts out there. You can potentially get some amazing distances from a properly weighted shooting head setup. I got the primary setup from Les Johnsons Cutthroat book (or maybe it was the Salmon book), but you can get detailed instructions online these days. It saved me from having to buy several different reels/spare spools and I can change it as needed...
  10. dryflylarry "Chasing Riseforms"

    Posts: 4,097
    Near the Fjord
    Ratings: +563 / 0
    Amen. Furthermore, (I think someone asked here) the law doe not vary from county to county.
  11. dryflylarry "Chasing Riseforms"

    Posts: 4,097
    Near the Fjord
    Ratings: +563 / 0
    THE GOLEN RULE!! Very good Leland. I do the same.
  12. Steve Saville Active Member

    Posts: 2,482
    Tacoma, WA
    Ratings: +312 / 1
    The optimum word was posted by sothereiwas. "Respect". There it is. That's what I've been saying all along. We respect the rights of others by knocking on doors and asking. We respect by not trashing a beach or climbing a bulkhead. We show our respect by being friendly like Leland says and by keeping the whooping, hollaring, and unwanted noise down. We show respect by understanding that until the court system changes what we have then we are stuck with the way things are. But... you are all welcome to fish our beach as long as you respect it for what it is; a beautiful place to live and play and one my children and grandchildren will play on with having to clean it up first.
  13. Jerry Daschofsky Moderator

    Posts: 7,716
    Graham, WA, USA.
    Ratings: +657 / 5
    That's how it's always been, even in rivers (where there are rights to the riverbottom and I'm not just talking here in WA state). Would be no different then flying overhead. You can fly over private property, but if you do a touch and go on that property you've trespassed.
  14. Jerry Daschofsky Moderator

    Posts: 7,716
    Graham, WA, USA.
    Ratings: +657 / 5
    And BTW, I'm all about the "ask first" and "respect" aspect. I have an open door policy to most of the waterfront houses on my route (on the Purdy Spit out to Camp Seymour). I have politely asked, and if they said "no" I'd say "Thank you anyways" and always greeted them with a smile (because some of those "no"s have turned into "yes"s). Just be nice and try to be courteous to the homeowners. Especially since they do pay the taxes on that parcel you're tromping on. If they are deeded to a certain spot, then they are PAYING for that spot.
  15. Salmo_g Active Member

    Posts: 7,470
    Your City ,State
    Ratings: +1,609 / 0
    Tidelands are confusing because, as mentioned above, WA deeded a lot of tidelands to private landowners. And as a fisherman, you don't know which tidelands are private property and which are not. You can't go just by private property postings because some landowners who do not own the tidelands adjacent to their upland property post them anyway. It's nearly impossible to know which tidelands are private without inspecting the property deed. Most owners would probably rather call the sheriff's dept. rather than look it up. And most deputies and sheriffs don't seem to be very well informed about the ownership subject either. Very complex topic with much that hasn't been legally resolved. And not something I'd want to trust to the competency of our state legislators either.

    Sg
  16. Derek Day Rockyday

    Posts: 567
    Olympia
    Ratings: +146 / 0
    I think you should buy yourself a Pflueger purist. With the money you save not buying a Nautilus or Hatch. Get a canoe--moot point.
  17. BaldBob Member

    Posts: 68
    DuPont,WA
    Ratings: +23 / 0
    I'm sorry if the intent of my post wasn't clear. I mistakenly thought that my use of quotes around the word joke would make it clear that I was simply pointing out what I believed the original user of the word in this thread meant in using that term. My post in no way is meant to indicate that what I stated is in any way in conflict with the law as it stands. I do however believe that WA violated federal law (and the requirements for them to gain statehood) when they privatized some of the tidelands. However. that is a moot point since that issue and the public trust doctrine issue - granting the public the right to freely traverse lands below the high water mark of navigable waterways - will only be settled by act of the WA legislature or the US Supreme court. As a practical matter neither of those will occur - no one with deep enough pockets to take it to the supreme court is going to step forward and, even though the federal law is pretty clear on this point, winning in the supreme court is not a slam dunk. Also WA doesn't have enough money to reimburse the landowners what they paid to have what their deeds state (+ back taxes & interest), so the WA legislature won't touch it.
  18. stewart dee Guest

    Posts: 0
    Ratings: +0 / 0
    So funny you say that. My mother and father in-laws own these ocean style kayak, so I pile in a couple beers, rod and myself. At about 6 or 7 feet deep that sucker rolled over and I went swimming. Funny, but my just opened Dogfish Ale went for a swim and that was the bummer.
  19. Bob Triggs Your Preferred Olympic Peninsula Fly Fishing Guide

    Posts: 3,973
    Olympic Peninsula
    Ratings: +643 / 0
    If they return to The Public Trust Doctrine as a basis for shoreline access here on Puget Sound they will not be liable for previous taxes or sales etc. It would simply end the titles and deeds and the taxes would be discontinued. That is what happened in New England on the shoreline that I grew up on, which had barbed wire fences and stone walls and signs all along every inch of it for hundreds of miles back when. Today it is public access from highwater or headlands seaward.
  20. Eric Tarcha gear whore

    Posts: 1,067
    Seattle, WA
    Ratings: +12 / 0
    i would have paid to watch that show!!