This is the RCW that governs the rights of fishermen to fish around docks, etc. on lakes.  My curiosity was peaked while fishing with Virgil last week and watching his BP go up as he verbally duked it out with some smart-a&&ed kids that didn't want us fishing around their dock.

Subsequently, I wrote to WDFW and got the following reply.

Dear Mr. Loth:

Thank you for your e-mail correspondence to the Washington Department of Fish and Wildlife (WDFW) Fish Program.

There is no law that allows you to fish around docks, but there is no law that prohibits you from fishing there, provided you are fishing from a vessel, the vessel is not anchored, tied to shore, or otherwise trespassing. Lakefront owners may own the lake bed in front of their property (unless the lake is a "navigable water, " but that is a wholly different discussion),  but they do not own the water column, nor the fish in it. Thus, while you may not trespass on the property (to wit, the bed of the lake), you can float in the water and fish. If you are legally fishing, and a property owner interferes with your fishing, the property owner is breaking the law. Obstructing the taking of fish, shellfish or wildlife, RCW 77.15.210, is a gross misdemeanor, punishable by a fine of up to $5,000, a year in jail, or both.

If you need further clarification on this rule, you can contact Evan Jacoby directly as follows:

Evan Jacoby, Counsel
Fish and Wildlife Legal Services
(360) 902-2930

This is the RCW:

RCW 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, punishable by a fine of up to $5,000, a year in jail, or both.

I am going to try to make some small cards, 3"x4" that we can have in boats or tackle boxes and give these to persons that need to be informed of our RIGHTS.

Rich

Sarge,  I am sure that you are right but at least by giving them a copy of this RCW if they do continue to harrass a fisherman then we really have a case to call the WSP or whomever.

It would also make for a better case if it got to court.

Rich

Getting stuff thrown at an officer of the law?  ??? That calls for instant "Police Court, Trial, and 9MM Justice".   Well I suppose I'm kidding a little bit, but I have been know to call the PD when a certain anal oriface started driving golf balls directly at us on LK. WA.

Smitty

 

I will have a bunch of 3x4's with the RCW stuff on them with me at functions, ie. fishins, meetings and tourneys.  See me and I will give everyone some to carry with you.

Rich

Rich, I gonna tattoo this on my arm and write it down on my boat.  You rock!!!  I would have never thought to look up the WAC.  I will sleep good tonight!

Well you were close Glenn,  I don't know what kind of damages you could claim but your lawyer would be paid.  Maybe a few actual court cases would help our cause and get the word out.  You would probably need some witnesses to back up your case.

Rich


RCW 77.15.212
Damages due to violation of RCW 77.15.210 -- Civil action.
Any person who is damaged by any act prohibited in RCW 77.15.210 may bring a civil action to enjoin further violations, and recover damages sustained, including a reasonable attorneys' fee. The trial court may increase the award of damages to an amount not to exceed three times the damages sustained. A party seeking civil damages under this section may recover upon proof of a violation by a preponderance of the evidence. The state of Washington may bring a civil action to enjoin violations of this section.

also need to remember you can not leave this post card on their dock without their permission touching their dock is trespassing.