Private land

Discussion in 'Fly Fishing Forum' started by wbugger, Jul 19, 2013.

  1. Jim Wallace Smells like low tide

    Posts: 5,663
    Somewhere on the Coast
    Ratings: +544 / 0
    If they are standing up when they run aground, the penalty is getting thrown forward into a face plant. At least it was for me here in WA just the other day!:confused:
    Chad Lewis likes this.
  2. GAT Active Member

    Posts: 4,202
    Willamette Valley, OR
    Ratings: +2,694 / 0
    As written in the Washington State Constitution:

    SECTION 1 DECLARATION OF STATE OWNERSHIP. The state of Washington asserts its ownership to the beds and shores of all navigable waters in the state up to and including the line of ordinary high tide, in waters where the tide ebbs and flows, and up to and including the line of ordinary high water within the banks of all navigable rivers and lakes: Provided, that this section shall not be construed so as to debar any person from asserting his claim to vested rights in the courts of the state.

    And when all else fails, this indicates that your Federal rights must be acknowledged:

    SECTION 2 SUPREME LAW OF THE LAND. The Constitution of the United States is the supreme law of the land.
  3. Rob Allen Active Member

    Posts: 1,001
    Vancouver WA
    Ratings: +398 / 0
    .........
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  4. _WW_ Fishes with Wolves

    Posts: 1,935
    Skagit River
    Ratings: +672 / 0
    Unless, of course, it involves marijuana. In which case the feds get the finger! :)
  5. Mountain Man Active Member

    Posts: 63
    North Bend, WA
    Ratings: +45 / 0
    A 6 week ban on any new purchases from REI.
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  6. GAT Active Member

    Posts: 4,202
    Willamette Valley, OR
    Ratings: +2,694 / 0
    That's an interesting point. Of course the Washington Constitution was written far before any federal drug laws showed up and I wonder if the fed drug laws are actually in the US Constitution? I thought all States had to ratify any change to the US Constitution... I don't remember that happening.
  7. Jim Darden Active Member

    Posts: 907
    Bellingham, Wa.
    Ratings: +222 / 0
    GAT, if you think the beaches are public land, be sure to take your lawyer with you on your next SRC trip. Most of the tidelands in the state are deeded to the landowner and they win trespassing convictions.
  8. james.jimenez Active Member

    Posts: 470
    South Korea
    Ratings: +250 / 0
    Can someone tell me how the camp ground guy on the Nisqually River stops people from walking up river to fish the gravel bar that is in front of his property? You can wade to get there but if your caught there he threatens you with fines and even tries to kick you out of his property.. I don't wanna pay a day use fee for walking within the high water line... Is there away around this?
  9. Rob Allen Active Member

    Posts: 1,001
    Vancouver WA
    Ratings: +398 / 0
  10. GAT Active Member

    Posts: 4,202
    Willamette Valley, OR
    Ratings: +2,694 / 0
    I don't know how you would handle it in Washington but in Oregon, we tell the fellow to go ahead and call the sheriff, we'll wait. And by the way, we want the guy's name so we can look up his deed.

    If the sheriff does show up, you ask if they are aware of the river rights in the State and the US? Ask if the local DA is aware of river rights. Then ask if they are giving you a citation as a law enforcement officer and not that they are bringing the charges and not just the land owner. How does the sheriff know what the guy's deed indicates? How does he know if the guy even owns the land? He doesn't.

    Make sure you get the information from the guy who claims he owns the land and the river because you plan to fight the charges.

    There was a land owner in Oregon that was threatening river users and claiming he owned the river and the river bottom. Someone checked his deed and nowhere in the deed did it indicate he owned the river. In fact, it indicated he only owned the land to the normal high water make and nothing below it.

    Now... don't be confrontational. If anything, be very polite but call the guy's bluff and tell him to go ahead and call the sheriff. It would also be nice if he could provide a copy of his deed because after all, anyone can claim they own land they don't.
    Jim Wallace likes this.
  11. Salmo_g Active Member

    Posts: 7,567
    Your City ,State
    Ratings: +1,697 / 0
    James,

    And if he does call a Sheriff's deputy, be sure and mention to the camp ground guy and the deputy that it is illegal to interfere with a person who is legally fishing in WA. I don't have the citation handy, but have seen it.

    Sg
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