Re: {Tidal Potomac Fly Rodders} Illegal to wade Gravelly Point

I am totally willing to help out ($ or time) if Remick wants to go to court with this.  I'm pretty lazy and don't really care about most things, but this really matters!  And I just read the law and it is extremely poorly written:

"(e) Swimming. Bathing, swimming or

wading in any fountain or pool except

where officially authorized is prohibited. Bathing, swimming or wading in

the Tidal Basin, the Chesapeake and

Ohio Canal, or Rock Creek, or entering

from other areas covered by this section the Potomac River, Anacostia

River, Washington Channel or Georgetown Channel, except for the purpose of

saving a drowning person, is prohibited."

To me, it reads a lot like "wading" is meant to be associated with "swimming/bathing" versus a fly fisherman wading while fishing.  I seriously, highly doubt that in the 1940s (or whatever) when this was written that they even considered people would fly fish in some of  these areas.  I'd be curious about how a judge would interpret this given how incredibly vauge it is.  

I actually can't believe the officer ticketed Remick based on this language.  

So is 4MR considered a "park in the Capital Region"?  If so, can you be ticketed for "entering the potomac" while wading at 4MR?  

This would seriously limit some of the great places people like to fish -- not good.  

Let me know -- I'm willing to help!  

Gene

On Thursday, May 30, 2013 1:25:09 PM UTC-4, Jeff wrote:

Perhaps someone should open an online donation collection page for legal fees? I'd certainly pay to find out if wadding is legal at one of my favorite fishing spots.... Sorry Dan if this is not allowed on the forum.

-Jeff

On Thu, May 30, 2013 at 1:20 PM, Dalton Terrell <daltonb...@gmail.com> wrote:

Richie,

Did Carl say that wading was "officially authorized" at Roaches Run? As Rob mentioned, a member of our group was told that wading there was illegal by Park Police a couple years back (see thread here: https://groups.google.com/forum/?fromgroups=#!searchin/tidal-potomac-fly-rodders/illegal$20roaches/tidal-potomac-fly-rodders/4g52QdS2_u8/HV1y4WZtYIQJ). We might need a lawyer or the court in Remick's case to clarify the proper interpretation of these statutes.

Dalton

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