Access

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

  1. Ed Call

    Ed Call Mumbling Moderator Staff Member

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    Stew, on second thought, maybe you should not go knocking on doors. The waterfront world may not be ready!
     
  2. sportsman

    sportsman Active Member

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    You are right....it is not a joke and as stated in your deed, you have clear ownership of the tidelands. What is a joke is that the law is inconsistent from one county to another....or is it? I never took the time to research what the law really states from one area to another, mostly because I never hiked the beaches in those areas. I have heard of instances where some landowners are overly agressive enforcing those 'rights', instead of just using common sense; possibly they were pushed that way over years of beach combers abusing the privelage....foul language, beer cans, urinating to name a few. I doubt any of us would react much differently. Ed's suggestion is the best; knock on a door and ask permission, inquire about their neighbors at the same time. Times have indeed changed, I grew up with campfires at Golden Gardens and sleepovers [2 abreast 1/4 mile drag racing every weekend], letting your dogs run free and swimming in the water. Miss those days, but mostly the racing!
     
  3. Steve Saville

    Steve Saville Active Member

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    It's no different than if you are Pheasant hunting in some farmer's cornfield without permission. If you owned the cornfield, would you want someone hunting it without your permission? I don't get the joke, either.
     
  4. dryflylarry

    dryflylarry "Chasing Riseforms"

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    Private tidelands are private. That's mostly the rule that I understand. I always ask permission if I see someone out on their lawn or whatever. I'm pretty sure there is something to that Public Trust Doctrine, but it is all somewhat complicated without straight answers. One thing that bugs me is public tidelands that are managed by Department of Natural Resources. I know that they "lease" some of these tidelands to private companies for the taking of oysters, clams, and, for sure geoducks. So here we have public access to some tidelands but, the oysters are mostly gone because a private company picks them with their lease from DNR. No wonder people tresspass to get some oysters...
     
  5. stewart dee

    stewart dee Guest

    Hey! I am a well groomed, presentable guy. They could be ready?
     
  6. rotato

    rotato Active Member

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    sweet texas top hat dude
    but seriously clam rights in the south sound cause different access rules
    just be nice and pick up trash
     
  7. Go Fish

    Go Fish Language, its a virus

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    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
     
  8. miyawaki

    miyawaki Active Member

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    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.
     
  9. BaldBob

    BaldBob Active Member

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    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.
     
  10. Steve Saville

    Steve Saville Active Member

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    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.
     
  11. sothereiwas

    sothereiwas Member

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    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.
     
  12. Bob Triggs

    Bob Triggs Stop Killing Wild Steelhead!

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    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.
     
  13. Milt Roe

    Milt Roe Active Member

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    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?
     
  14. troutaholic

    troutaholic Member

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    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...
     
  15. dryflylarry

    dryflylarry "Chasing Riseforms"

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    Amen. Furthermore, (I think someone asked here) the law doe not vary from county to county.