Deschutes river now deemed navigable

#16
The AG opinion still states that you risk a possible citation for trespass. Thats pretty cool though I wasn't familiar with that literature.
 

PhilR

In the time of chimpanzees, I was a monkey
#17
Yep, this is good news. Access- good. Shotgun toting landowners- bad. I’m glad somebody was able to make this happen.

Now, it’s an open question whether this is enough to get the shotguns put away.

Ps. Still waiting to hear about the guide.


Sent from my iPhone using Tapatalk
 

Rob Allen

Active Member
#19
This is a big change for a lot of the private land above Maupin where the only access for most of us is by boat. If you have fished the D much you've surely been yelled at for trespassing (standing on the bank).



Not sure what AG opinion is but this works until you get a shotgun pulled on you for trespassing. Oregon laws are different that WA
Oregon laws are illegal...
If a river is navigable in fact it is navigable in law. If it is navigable the lands under them and up to the high water mark are held in trust by the states for public use..
 
#20
I followed up with my buddy who lives in Wamic and has been a Deschutes guide for 20 years and here's the story he told me.

Turns out a county Sheriff was floating downstream and stopped to talk to Jeff Hickman. He didn't have a guide sticker or guide company letters on his boat and the cop asked him about it. After a little back and forth Hickman lost his temper and told the cop to beat it. That didn't go over very well with the cop and when he got to the take out he called the Coast Gaurd, the OSMB, the BLM, and the State Troopers. They all saddled up and motored up to his camp. Turns out he didn't have his Oregon guide's license, insurance or his 6 pack license. They escorted him and his clients to the take out and told them that the trip was over. He was fined $30k for all of his infraction. None of the fine stuck, though, including the 6 pack ticket because the D "was" an unnavigable river at the time. It took the Coast Gaurd 1 week after the incident to change the ruling.
 
#21
I followed up with my buddy who lives in Wamic and has been a Deschutes guide for 20 years and here's the story he told me.

Turns out a county Sheriff was floating downstream and stopped to talk to Jeff Hickman. He didn't have a guide sticker or guide company letters on his boat and the cop asked him about it. After a little back and forth Hickman lost his temper and told the cop to beat it. That didn't go over very well with the cop and when he got to the take out he called the Coast Gaurd, the OSMB, the BLM, and the State Troopers. They all saddled up and motored up to his camp. Turns out he didn't have his Oregon guide's license, insurance or his 6 pack license. They escorted him and his clients to the take out and told them that the trip was over. He was fined $30k for all of his infraction. None of the fine stuck, though, including the 6 pack ticket because the D "was" an unnavigable river at the time. It took the Coast Gaurd 1 week after the incident to change the ruling.
Did the Gorge Fly shop shitcan him? He's not listed under them anymore.
 

golfman44

5-Time Puget Sound Steelhead Guide of the Year
#23
What is a six pack license?
The Operator of Uninspected Passenger Vessel (OUPV) captain
license issues the authority to operate a small power-driven vessel
carrying 6 or fewer passengers not counting the operator or crew. It is
sometimes called the "6-pack license" because of its limitation to 6
passengers. This is the most common captain license held by fishing
guides and the operators of small charter boats.
 

Rob Allen

Active Member
#24
Is the coast guard now going to patrol the river? Or do they just want more authority to tell people what they can and can't do?
The federal government makes pretty much everything worse.
 
#25
Is the coast guard now going to patrol the river? Or do they just want more authority to tell people what they can and can't do?
The federal government makes pretty much everything worse.
Call Hickman and thank him. Generally people end up policed because some individuals screw it up for the rest.
 
Likes: JS
#28
None of the fine stuck, though, including the 6 pack ticket because the D "was" an unnavigable river at the time. It took the Coast Gaurd 1 week after the incident to change the ruling.
How did it being "unnavigable" mean the fines/infractions weren't valid? I don't understand.
 

Salmo_g

Well-Known Member
#29
How did it being "unnavigable" mean the fines/infractions weren't valid? I don't understand.
A 6-pack license is required to operate a vessel for hire on federally designated navigable waters. Pretty much all rivers are navigable in fact, which is legally different than being "designated" as navigable. So any guide can operate on a non-designated river, but only guides who have the additional 6-pack license can operate on designated rivers, like the Columbia.
 
#30
A 6-pack license is required to operate a vessel for hire on federally designated navigable waters. Pretty much all rivers are navigable in fact, which is legally different than being "designated" as navigable. So any guide can operate on a non-designated river, but only guides who have the additional 6-pack license can operate on designated rivers, like the Columbia.
Ah, thank you.