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The right to fish "navigable waters"

OK....it's been a long time since a waterfront homeowner has found it necessary to run to the end of their dock and inform me that the water under or close to the dock is "private property" and that I would need to move along......this was Lake Chelan (not Bellevue)?

Hard to listen to her, or respond until I released the 4lb smallie that I found hiding under her dock. She gathered support from her neighbors and threatened to call the authorities. I didn't move far or fast, for the most part because we had found some fishy water, and to be just a bit more annoying, but not a total dick about it.

Just wondering where to find a copy of the rules that govern my/our use of public water. I would like to keep a copy in the boat for my next visit to Chelan (or Bellevue)

Replies to This Discussion

Permalink Reply by AaronW on August 7, 2013 at 3:36pm

77.15.210
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.

Permalink Reply by AaronW on August 7, 2013 at 3:41pm

If the lake is public, and you stay behind the waterline, you are breaking no laws so long as you don't touch a homeowner's dock, from what I understand. It is illegal for a homeowner to harass you while you are legally fishing, so they are the ones breaking the laws here.

Permalink Reply by Mark Byrne on August 7, 2013 at 4:46pm

Aaron is correct, but you can not touch the dock and your boat and tackle also can not touch the dock. I always kept a copy of the RCW for them to read and invited them to go ahead and call.

Permalink Reply by Sparkles on August 7, 2013 at 7:57pm

Blow up the dock with all the dd22's that we own and don't use...great waste for a great cause...or any deepdiving Crankbait "you" might one day throw. Maybe they'll get a sweet surprise one morning not paying attention.

Permalink Reply by Todd Parker on August 7, 2013 at 8:04pm

Thanks for the info.....
On occasion, I've been guilty of my tackle "touching" a dock but not in this case...interesting to find out that the homeowner could be guilty of harassment....would I be in the wrong if I nailed a copy of the regs to her dock next time I'm in Chelan? Might just Google Earth her address and send a copy instead.
Mark Byrne said:

Aaron is correct, but you can not touch the dock and your boat and tackle also can not touch the dock. I always kept a copy of the RCW for them to read and invited them to go ahead and call.

Permalink Reply by Sparkles on August 7, 2013 at 8:07pm

Just do it....stop being scared or worried!!!!

Permalink Reply by Mark Lowe on August 8, 2013 at 11:06am

It amazes me what some people think they own. I fish Chelan as often as I can and have for 15+ years and have never had something like that happen.

Permalink Reply by Nate on August 8, 2013 at 11:29am

This was not in Bellevue, true, but you have to remember that it is the wealthy Seattle and Bellevue folks that own most of the homes on Lake Chelan.

On a side note, if people our in the back yards I usually ask them if I can fish their dock or just move on. Never had anyone tell me no. Had some very surprised looks when I caught em under their docks though.

It can be a little awkward first thing in the morning when people are walking around in their PJ's (or less) in their house and see you see them in the through the window. Has happened a number of times....

Permalink Reply by Jerry on August 8, 2013 at 9:31pm

It's public water. They do not own the water. The dock, yes. I politely inform them that it is just that. If they continue, I tell them to piss off and call whom ever they want, and continue fishing...or I'll call for them.

Permalink Reply by Jerry on August 9, 2013 at 9:27pm

Thank you, Dana.

Permalink Reply by Sparkles on August 9, 2013 at 9:31pm

Let's have a man fish day of docks...well at least 5 people from here could join in it!

Permalink Reply by Todd Parker on August 10, 2013 at 6:41am

Amen........Dana

Dana Steiner said:

Jerry,

I too have had enough. My approach is to fish every inch of every dock on public water. If I have a uneducated home owner come out and start the private property speech, I just keep fishing. I then inform the home owner that I'm willing to call the local authorities and file a complaint. I'm extremely tired of home owners trying to run me off public fishing waters, I'm not going to put up with their s##t anymore. In the city, if you don't want someone looking through your windows hang curtains or blinds. If not, I'm willing to check out your old lady showing the booty. Home owners on the lake, go F##K yourself. The rest of you fishermen that let these a****** push you around are p******.

Jerry said:

It's public water. They do not own the water. The dock, yes. I politely inform them that it is just that. If they continue, I tell them to piss off and call whom ever they want, and continue fishing...or I'll call for them.