Last fall I was fishing on the Quilcene, with my son for sivers and was told that I was on private property. My son and I were both standing in the river. We parked up by the hatchery bridge and walked down about 1/2 mile. We waded the river and fished on the way down. When we got down as far as we wanted to go a gentleman told me that we were on private property. I said that we didn't realize this sense we were standing in the river itself. I always thought that anything down from the high water mark was considered accessable. Does anyone out there know anything about this river and what is considered legal access. If I was wrong for being there then I apologize. But if this was a land owner just wanting to keep fisherman out of the hole below his house then I will see you back there again this fall. Thanks.

Just smile and give him the "dustoff" next time. If the deputies show up and tell you to leave, THEN I'd probably listen just to avoid a ride in his car.

Dan, I would agree with you. I am not out there to cause trouble. Just out to enjoy the day with my son. But I have heard of some folks making up there own definitions of river access laws to suit there own needs.

Ahh the Kill-scene (Quilcene ) Is it that time of year again already...

4salt, I actually haven't been up there yet this year. I think it was about mid-Sept. last year. Great river for silvers. We enjoyed ourselves last year.

I was just being a little facetious DUSTOFF. I don't think it even opens until Saturday. And yes, I know all that I need to know about it...

Yes, indeed. I'm sure the residents along the Quil get a little tired of the crowds than descend upon the river every year......but that's just how it goes. I'm sure he'd LIKE you to leave, but I don't think he, or anyone else for that matter, can make you leave.

Now if TimberMan asks you to leave......make tracks.

Just don't run out of barley, AM........justdon't run out.

i'm pretty sure that as long as you stay below the high water mark you should be fine

While up at our vacation home in Brinnon last week,I just happened to drive to the Quilcene to see if any fish hit the holding pond yet.As I thought.No!!

What I did see where you walk over the hill by the bridge and in a couple other places were signs placed by WDFW that said the Quilcene had been deemed to be not navigable water.That if you were standing in the river on private property,That most of the property on that river is owned by the landowners.Including the river bottom you were indeed trespassing if you didnt have permission from the owner to be there.

It explicity explained and showed a map of the access that was set up by WDFW and said that if there is as much trouble there this year as in years past(ie.snagging,trespassing,and garbage dumping) the river might be closed completely to fishing.

I explained to my wife,from what I understood about navigable water.From postings by CFM and others that the navigable waters laws were a federal thing and that The state cant supercede it.If a person had enough time and money they could probably beet the trespassing.I dont have the time or the money,Plus I probably only think thats what I read instead of being true,so I could be wrong about that part. You might do some research and save yourselves a bunch of trouble.

They ARE Federal laws and the WDFW and the State of Washington don't have a damn thing to say about it.

If you have the dough to fight it all the way up through the courts, you'll win. But get ready to lay down some $$$$.

I'd rather just avoid the debacle........but that doesn't do much for our rights as fishers, does it?

Oh yeah.....thanks WDFW for looking out for our water access rights. And a fine thank you to the losers leaving trash and crapping in people's yards that got this whole thing stirred up. Grrrrrrrrrrr.

Just because it's a federal law doesn't mean the state has it wrong. I haven't read the law, and, honestly, don't know what the definition of navagible waters is, or who is charged with deciding with deciding what navagible water is, but I doubt that all flowing water is considered navagible water. And it could be up to a local governmental body to determine what water is navagible. If somebody wants to post a link to the relevant statute/code provisions, I'd love to take a look at it (too lazy/busy to hunt it down myself).

3/0,

You name me another time when a State could override FEDERAL law. They can't. Federal law trumps anything the states decide. That's why a state can pass a medicinal marijuana law and STILL have federal agents arresting people.

The Taxas Sodomy law? Struck down in the Federal courts. That's how the legal system works.

Click the link : http://www.nationalrivers.org/us-law-menu.htm

Would it be useful to make a "pre-emptive" strike before the fishing season gets seriously under way? I don't fish this river and don't have a personal stake, but have read about it here, and I do have a personal stake in access to waters of the State of Washington.

How's about we contact WDFW enforcement - if that's who posted the notice (can someone in the area check it out?) - and describe our understanding of the law. Federal court has ruled that water navigable in fact is navigable in law. Many of us take that to mean if we can float any boat, a canoe, a small raft, whatever, or a commercial sawlog 8" diameter by 4' long, then the water body is navigable. We could ask WDFW to provide an Assistant Attorney General's opinion supporting their contention that this river isn't navigable. WDFW is supposed to be working for us, and not necessarily working around the law to avoid dealing directly with issues of littering and tresspassing.

I won't be able to assist directly on this as I'm heading out of town for a week this Saturday, but I thought I'd make the suggestion here, as this issue appears ripe for a meaningful resolution.

Sincerely,

Salmo g.

Good reply Salmo!


Cowlitzfisherman

Just more proof the wdfw is not doing its job. I dont fish at that mad house anymore but what the heck is the wdfw posting signs that limit our access for, signs that dont even seem to be legal.

and people wonder why I am pissed at the wdfw?

What there really doing is providing themselves with a smaller area they have to patrol, there by making there job easier again!
look at the adopted rules section on there own website sometime. alot of rule changes have nothing to do with science but everything to do with making there job easier they even say that!

Micro

Can you believe that WDFW has the gonads to spend their time and money posting signs that tells the fishermen that they CAN NOT fish in these places, when WDFW can not find the time or money to go out to places like the "Wallace Gravel Pits", and post signage that tells fishermen that this a "public fishing site". What a bunch of hypocrites!!

And some board members wonder why we are getting on WDFW!!!

Cowlitzfisherman

just sent an email off to wdfw,diretor type person, asking for some answers to the above questions. we should all send a note to them, not just this board.

havnfun, I just made the same request. If I was wrong for fishing on what was considered someone's land then I apologize. But if not then I am pissed. That was a great fishing hole. No big deal I will just fish else where if I have to. Good fishing.

They ought to just close it down for good. I grew up in that area and my family has been there for 5 generations. It is a mad house of snaggers and tresspassers who dont care about private property or being clean. It is to small and low throught the Coho run. Its the type of fishery that atracts fisherman with bad habits!