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

Eric,

 

Swimming and fishing are two very different activities.  If one read the statute to read Bathing, Swimming and wading as different forms of swimming, then the wading could arguably not include fishing.  It is all a matter of interpretation and as I noted, ambiguity goes against the drafter.  It would be for a judge to decide whether the confusion is reasonable.  If wading were meant to include fishing, the statute could have stated, for example, that fishing is from the shore only.  This is the rule upstream around fisherman's eddy no? 

 

On Tuesday, June 4, 2013 3:24:20 PM UTC-4, Eric Y. wrote:

Gene, I was specifically referring to this: "I don't really have an argument against trespassing except there being no posted signs or warnings about park closure" which Remick said in the post above mine. I suppose he's lucky to get off with only one ticket, not one for entering the river and one for trespassing afterhours.

 

 

Re: swimming/wading, I think you'd be hard pressed to make a legitimate argument that wading for recreational fishing is vastly different from wading for the sake of wading. It seems pretty clear: your reason for wading is irelevant, unless you are saving a life. Liken it to speeding: speeding is clearly illegal. Speeding for the sake of speeding is no different than speeding because you're late to work, whereas momentarily exceeding the speed limit to get to the next intersection so that an ambulance can pass you without braking is an exception most LEOs would make.

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