Discussion in 'Saltwater' started by Evan Burck, Aug 13, 2007.
T-14'S ALWAYS CLOSE BY
The divers at Muk usually go in the water between the motel and the old tank farm. They stay north of the ferry dock as big propellers & divers don't mix very well. I'd guess that they were not locals if they went in the water below the boat launch in the park. With humpy season in full force there is a lot of boat traffic close in to the park.
Obstructing the taking of fish, shellfish, or wildlife -- Penalty.
(1) A person is guilty of obstructing the taking of fish[, shellfish,] or wildlife if the person:
(a) Harasses, drives, or disturbs fish, shellfish, or wildlife with the intent of disrupting lawful pursuit or taking thereof; or
(b) Harasses, intimidates, or interferes with an individual engaged in the lawful taking of fish, shellfish, or wildlife or lawful predator control with the intent of disrupting lawful pursuit or taking thereof.
(2) Obstructing the taking of fish, shellfish, or wildlife is a gross misdemeanor.
(3) It is an affirmative defense to a prosecution for obstructing the taking of fish, shellfish, or wildlife that the person charged was:
(a) Interfering with a person engaged in hunting outside the legally established hunting season; or
(b) Preventing or attempting to prevent unauthorized trespass on private property.
(4) The person raising a defense under subsection (3) of this section has the burden of proof by a preponderance of the evidence.
I love this set of rules as it allows me to whip out my "asshole" card to anyone that disrupts me fly fishing (kayakers, divers, rock throwers)!!!:rofl:
Yeah I could see this going really far on the cedar.
"Bubba, let's throw rocks at the queer down there fishin,"
"Please stop throwing rocks at me you are in violation of RCW 77.15.210 and I will call the police..."
"Whats all them numbers, you some kinda queer....?"
"No, I am just trying to fish and you are breaking the law by harassing me while I am legally trying to catch fish,"
"ok, we's will quit,"
Bottle comes flying and breaks on the rocks and the hillbilly's laugh....
"I thought you said you would quit,"
"We said we'd quit throwing rocks... that was a bottle ya queer."
"I am calling the cops..."
"Let's beat his ass bubba... get the bats outta the van!"
That was a great dialog, but you forgot to end the story with drut charging up to the hillbillys and giving the a long ride to jail in the paddy wagon!!!:rofl: :rofl:
I didn't say that was the best approach. Just passing it on for what it's worth.
Personally, I would have probably handled it different than a phone call. Which makes me wonder: How does a SCUBA tank react when the valve gets knocked off it...while someone is wearing it? Hmmmm, maybe a little experiment is in order. For scientific purposes, of course.
I like diving and normally divers are very mellow folks. To get the best time from your tank, being relaxed is necessary. From their point of view, it isn’t easy walking with all of that gear. The Sounds cold water means a thick wet suit (54 degree water probably means wearing two 5mm neoprene wet suits) which in turn means you need to use a lot of weight (lead) to get down. I would imagine at least 25 lbs. I have only dived tropical waters so my guess is probably light. That and the weight of the tanks, BCD and fins, mask and snorkel in hand, they are walking around with 60 lbs easy. You can’t go very far. They should have been polite enough to ask. Don’t know for sure, I wasn’t there. But maybe you should have considered their position. You never know, when they finish, they can tell you where the fish are.
Verbal abuse is not requisite of physical exertion. A horse's butt will be abusive and discourteous whether under load or not. I seriously doubt this individual would not be of a mind to give ANY FFer a helping word.
With all due respect Max, I know your trying to be the devil's advocate, but that's really a poor excuse. If the gear is that heavy that you can't walk that far, get out there earlier in the day so they don't disturb someone that was there first. The divers aren't there to do any work, they're just playing in the water.
I've had some pretty unpleasant run ins with divers. I'm sure 80% of them are nice normal respectful people. But 1 in 5 have gone far enough to give divers a BAD reputation on the east coast. In New England they are notorius of stealing from lobster traps and invading private property because they feel that they can't carry their gear down to the street.
I could be mistaken but, I don't think there has ever been a single prosecution under this statute in Washington State. It looks good on the books but it's about as well enforced as our immigration laws.:clown:
I was at Neah Bay for the Ling Cod opener when a boat load of neoprene suited dumb asses pulled up into the middle of a group of boats and proceeded to dump divers, then dropped their flag forcing all of us (7 or 8 boats) to move off the rock we were fishing.
Next day we were fishing the same area when we had a diver pop up about 50 ft from our boat. No flag anywhere in sight. We were moving at about 15 knots at the time. He's lucky that the bow of my boat didn't split his noggin like it was cordwood.
I located the group he was with and had words with the guy tending the boat.
I'm pretty sure that it didn't make him any smarter but he did set the flag out.
Another question (maybe answered and I missed it). Can you reserve beaches for things like diving? Before I shelled some diver asshole with barnicle laden rocks I'd like to know they didn't have dibs already. Say what you will, Dibs (i.e "reservations") rules.
I used to dive. had to give it up, the weight was to much for my bad disk. Just so you know, I don't condone the actions of those divers. You can find !holes in any group.
I'm just wondering about a few things. Was it slack tide? Was it a class or a large group? That part of the park is a hard spot to dive. The currents can be dangerous plus the the boat traffic.That being said. It's a really cool sight, there are some nice cliffs just off shore.
When I dove I really didn't think that highly of fisherman because of all the litter we saw on the bottom, fishing gear was buy far the most common.
Can't we all just get along?
As of last week, there is at least one prosecution in process!
A landowner at Bush Point on Whidbey Island decided to post "No Tresspassing" signs on the beach below his property and harrass fishermen, even though the tidelands are owned by the DNR. This happened last fall during the humpy and silver runs. After a lot of work by the Fish and Game dept and the DNR he finally got tickets for "Illegal Posting" (RCW 77.15.220) and "Obstructing the taking of fish, etc." (RCW 77.15.210), which is a gross misdeanor.
I would have slit their tyres and left, or whipped out the t 14 and tried to snag a big one.