Thursday, 30 May 2013

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

Just had a long talk with Carl at NPS GW Parkway headquarters up at Turkey Run.

 

The rule specifically states:

“(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.”

 

http://www.gpo.gov/fdsys/pkg/CFR-2004-title36-vol1/pdf/CFR-2004-title36-vol1-sec7-96.pdf

 

That means wading at Gravelly Point is actually illegal.  Whether or not you’ve been cited before is irrelevant.  Also, the fact that the park was closed is also irrelevant.

 

Upon further talks, the Duck Pond, despite being fed by the Potomac, is still treated like an inland Virginia waterway even though it’s run by NPS as a wildlife sanctuary and you are allowed to wade fish the Duck Pond provided you have a valid Virginia fishing license.

 

The real problem here is finding out why you’re not allowed to wade in a navigable waterway “period”.

 

I suggest anyone wishing to question this regulation write to

 

Mr. John James, superintendent of the George Washington Memorial Parkway at NPS at the following e-mail address - gwmp_superintendent@nps.gov

 

 

 

R

 

 

Richard Farino

Urban Angler VA | 108 N. Washington Street  2nd Floor | Alexandria, VA 22314

(703) 527-2524 | fax: (703) 527-3313 | richard@urbanangler.com

 

From: tidal-potomac-fly-rodders@googlegroups.com [mailto:tidal-potomac-fly-rodders@googlegroups.com] On Behalf Of Mike Bailey
Sent: Thursday, May 30, 2013 11:00 AM
To: tidal-potomac-fly-rodders
Subject: Re: {Tidal Potomac Fly Rodders} Illegal to wade Gravelly Point

 

When it comes to fishing access in general I believe that law enforcement by each department with jurisdiction tend to look the other way a the majority of the time.  A select few may become more strict in certain scenarios. I could see a NPS Police patrol spotting a person in the water geared up at 2:30 AM, near the end of a major airport's runway, may want to investigate and enter it into his or her daily report as a matter resolved. Another hour and a half later Remick may have been in the clear. Area lot opens at 4:00 AM 

 

On Thu, May 30, 2013 at 10:37 AM, Jeffrey Silvan <jeffreysilvan@gmail.com> wrote:

So I'm curious... Seeing Rob's and Mike's posts, it seems pretty clear it technically is illegal to wade at any time of the day at Gravelly, and at least a couple other locations we talk about here. Has anyone ever had any other issue there (or any of the other locations) during the day? 

 

On Thu, May 30, 2013 at 10:16 AM, Mike Bailey <mike@baileywx.com> wrote:

 

On Thu, May 30, 2013 at 10:08 AM, FlyTimesDC <Rsmothers@targetedvictory.com> wrote:

So last night I was fishing the outgoing tide at gravelly point around 2:30 am when a park officer called me out of the water saying the park closed at 12 (I've never heard of the inlet our outflow ever being closed but left without resistance). He then asked to see my license, which I promptly gave him, and we went back to his car. I'm pretty sure he was looking for any excuse to ticket me, because he then sat in his car for about 10 minutes reading up on ordinances and rules. When he returned, he gave me back my licenses and a $130 fine for "Entering the Potomac". Umm, what? I have a court date in June and plan on fighting this. There are no signs or anything else to indicate that A) wading is illegal in the inlet and B) that the inlet is closed at 12am. Curious to hear y'all's thoughts. I've heard of people being hassled by airport police at Gravelly but this is a tad ridiculous.

 

Thanks,

Remick

 

 

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