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

As a follow up to Richie, Steve Moore and the current discussion about exemptions of wading while fishing, I have found the current statute on swimming and wading from in the C&O Canal Park, which does not apply in Remick's case but I think is of value. The statute in the C&O Canal Compendium, dated 12/13/2011 is this:

3.16 Swimming or Wading in Park Waters

(a)(1) Areas closed to swimming and wading (except fishing)

1. Areas designated in 36 CF section 7.96 (e)

2. Waters of the canal prism and basins

My reading of this is that you are allowed to swim and wade in all C&O Canal park waters except for those laid out 36 CFR 7.96 (e) (in this case refers to Washington, DC and Montgomery County) and the canal itself, however, you are allowed to wade and fish in all C&O Canal Park waters. With this language, it is clear that Sergeant Locasio, who spoke to Richie and wrote Remick's citation, is mistaken about fishing while wading and even swimming/wading in the Potomac along the C&O Canal.

Given this statute, with an explicit exemption for wading while fishing, it appears that you could much more easily fight a ticket given while wading and fishing the treacherous waters near Chain Bridge than the relative safe inlet at Gravelly Point.

As another note, the wording of this statute changed between the 2010 Compendium (dated 7/2/2010) and the 2011 version listed above:

3.16 Swimming or Wading in Park Waters

(a)(1) Areas closed to swimming and wading

1. Areas designated in 36 CFR section 7.96 (e)

(e) Swimming, Bathing, swimming [Dalton's interjection: swimming is doubly prohibited] 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.

(District of Columbia and Montgomery County, Maryland)

2. Waters of the canal prism and basins

As you see above, in 2010 and the the statutes that Steve Moore and Richie pasted from 2001 and 2004, respectively, have no exemption for wading while fishing but the 2011 version does.

Dalton

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