Tuesday, June 4, 2013

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

Here's the response I received just FYI -- 

I'm looking forward to helping correct this.  And like Dan mentioned, not being an idiot is probably the best approach.  ;)  

Thank you for your email noting your concerns about the regulations regarding wading in waters under the control of the National Park Service, specifically 36 CFR 7.96 (e).

The George Washington Memorial Parkway (GWMP) is patrolled by officers from the United States Park Police District 2 Station. The District 2 Station Commander is Lt. Jerry Marshall, who is currently on leave therefore I will address your email.

Before I address your questions, I must advise you that I cannot discuss the citation per se, as it was issued to another person and is pending court proceedings.

The U.S. Park Police officers that patrol the GWMP, are dedicated to providing the highest level of police service possible. They are tasked with enforcing the laws and regulations of the United States Codes, 36 Code of Federal Regulations, applicable State laws, laws of the District of Columbia and Park Compendiums. They however cannot detect every violation of the law nor cite every violator. Therefore, some violations may repeatedly occur undetected, causing some confusion with individuals believing the acts are accepted or legal. However, citizens should research and review all regulations applicable to areas they visit or engage in activities at.

36 CFR 7.96 (e), specifically states, "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. 

You make reference to "the Duck Pond", which I presume is actually the "Roaches Run Waterfowl Sanctuary" (RRWS), located west of the GWMP, adjacent the Roaches Run parking area. Gravelly Point lies on the east side of the GWMP across the road from this area. If so, then to answer your questions, this area (RRWS) is considered part of the Potomac River, managed and controlled by the National Park Service and has the same restrictions.

The "Applicability and Scope" of 36 CFR is outlined in 36 CFR 1.2, which in part states:

"(a) The regulations contained in this chapter apply to all persons entering, using, visiting, or otherwise within:" …

 …"(3) Waters subject to the jurisdiction of the United States located within the boundaries of the National Park System, including navigable waters and areas within their ordinary reach (up to the mean high water line in places subject to the ebb and flow of the tide and up to the ordinary high water mark in other places) and without regard to the ownership of submerged lands, tidelands, or lowlands;"

These regulations are designed to promote the highest level of public safety and resource protection.

You can review these and other regulations applicable to the GWMP on their website at, http://www.nps.gov/gwmp/index.htm, under "Laws & Policies".

I hope this answers your questions and appreciate you taking the time to provide us with your concerns.

Should you ever have an emergency or require police service, please contact the United States Park Police Communications Section at 202-610-7500. (Non-emergency: 202-610-7505)



Sincerely,

Captain Art Jacobsen
West District Commander,
Patrol Branch
United States Park Police

On Tuesday, June 4, 2013 5:55:36 AM UTC-4, TurbineBlade wrote:
Several days ago I emailed NPS and they just now responded to me.  I read it and thanked him for his response -- 

Contrasting with what Rich was told, this guy told me that Roaches Run is managed no differently than Gravelly Point and that it is equally illegal to wade there as well.  

Just thought I'd toss this out there in case anyone was still fishing RRWR -- I don't want to see anyone else getting ticketed.  

Hopefully we can do some "convincing" with the higher-ups and secure these spots so there isn't so much confusion about what the law is.  

Gene

On Monday, June 3, 2013 9:26:51 AM UTC-4, HeaveToo wrote:
Starting a petition is an excellent idea but I would suggest having an electronic petition.  Friends of the Chesapeake Bay did this in the past and it enables us to get the issue out to a larger group of people and get more attention to the issue.

Virginia outdoors men and women are environmental and conservation minded.  A lot of the money from our licenses goes towards conservation.  You also will see a large majority of fly fishermen practicing catch and release and safe fish handing methods.  All of these factors should put good light on us as a group.

--
http://www.tpfr.org
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