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

Interesting, thanks for that. I'm on my way out the door so I didn't read it too closely, but I didn't see a specific ban on wading (while not fishing), just swimming. I could have missed it, though - I am not a morning person. 

Either way, maybe I'm sympathizing with the drafter here, but if I ever saw a sign or statute that said "no swimming or wading" or "no entering the water" etc, I would never think "well, that doesn't apply to me, because I'm fishing." Maybe I'm too much of a rule follower.

On Wednesday, June 5, 2013 7:07:45 AM UTC-4, pmk00001 wrote:

Virginia's public fishing lakes specifically ban wading and swimming but allow wading while fishing.  Here's an example.

http://www.dgif.virginia.gov/fishing/waterbodies/display.asp?id=98&section=regulations

On Tuesday, June 4, 2013 5:13:47 PM UTC-4, Eric Y. wrote:

 Swiming and fishing are very different, but I have never seen a distinction made between wading and wading while fishing - it would seem to be that wading is wading, regardless of what one is doing while  wading - but I'm no lawyer and certainly no judge. I have fished several bodies of water that post "No Swimming or Wading" signs where wading while fishing is an equally illegal activity, yet never run across a sign that read "No Swimming or Wading, Except While Fishing". To me, the issue isn't that the statute was interpreted incorrectly, but that the statute needs to be changed.

 

With regard to trespassing, I was also assuming that his car was parked in the lot and could have been ticketed for it.

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