splitting hairs on the regulations

[Bait O' Eggs]

Went to a summer steelhead BBQ today at the brother in laws. We were having fresh fish from the Nestucca. Over dinner I asked what the fish was caught on and was told "eggs and yarn". I quickly explained the ban on bait this time of year. He told me they were fishing tidewater, right below the cloverdale bridge.

The regulations do state "use of bait is not restricted in tidewater". The quote I just refered to is written in the section of the Nestucca regulations that describes the Cloverdale bridge to Moon Creek section of the river.

Tidewater is defined by the regulations as "stream or estruary waters affected by daily ebb and flow of streams". I have been told the Willamette (below the falls) is affected by the tides. The Willamette is a long way from what I would call tide water.

I do not know how far one could argue the river is affected by tide, but I am sure you could easily argue several good riffles maybe a few miles of the nestucca above the cloverdale bridge.

I dont think the intent of the ban on bait regulation is beyond about the first riffle. Is anybody aware of a point/hole/marker on the Nestucca that is the tidewater boundary?

If an officer wanted to site me for bait fishing I could make a compelling arguement the water is affected by the tide, and I am legal. Any thoughts??????

[Deleted User]

Why would anyone want to try to challenge a fish protecting law that clearly states a bait deadline is the Cloverdale bridge on an irresponsibly weak loophole attempt? Anyone caught trying that would deserve the conviction and fine they are sure to get! A fine that a discusted judge would likely maximize after hearing such a rediculous argument to circumvent the law.

[This message has been edited by Instigator (edited 07-16-2000).]

[Bait O' Eggs]

Instigator
Thanks for the response. You state the bait deadline is clearly the Cloverdale bridge. I could not find the deadline as being stated as the Cloverdale bridge. The bridge is about where I would determine tidewater to end. Haven't seen it for a while (that is from memory). Did I miss something in the regs pointing out Cloverdale bridge as the deadline?

The reg that states "use of bait is not restricted in tidewater" being placed in the Cloverdale bridge to Moon creek section of the regulations leads one to believe part of this section of river is tidewater.

I have no intention of pushing the bait law, but somebody out there will, and might even get away with it.

Edit:reread the regs today and found where it clearly states "Restricted to artificial flies and lures only June 16-Sept 15 for all angling in this section of the river. you are correct instigator.

[This message has been edited by Bait O' Eggs (edited 07-16-2000).]

[wak'm&stak'm]

I don't see a problem with pushing the regulation limits, maybe tomorrow I will feel differant, but today I will vent...I have hunted and fish this state for my whole 44 years and grew to love it, thus I put down roots. BUT NOW.......if I want to catch halibut I have to run 34 miles out in May (dangerous at time} because it may not open when the fish are closer. I can recall the hay days of salmon fishing BUT NOW....the hatcheries close and tackle restrictions start. I can recall steelhead on the Sietz and keeping springers above Buck creek BUT NOW....GP locks the gate on weekdays and the north fork is closed and no springers.......I could go on and on and on, it would not be that bad if I didn't have friends in nieghboring states that can fish halibut all freak'n summer and where they have hatcheries and raise fish to be caught.
I have been pushed and pushed by the regulations and I have no trouble pushing back. Don't even get me started on all the doe tags and cow tags and the wildlife management. And those meetings that we have with ODFW that dont mean ____!"@?. because they already know what they are going to do.
I am done venting today...Thank You

[Okiedrifter]

i agree with wakem and stakem,,

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okiedrifter

[V. Green]

For me the tidal area of a river would be the section that is always salt or brackish, not fresh! Even though the Willamette and Columbia River are affected by a tidal influence I don't think any reasonable person would attempt to use regs for tidal areas when fishing there, I would think the same rule would apply to any stream or river. If the are has rapids at any time it should be part of the river, not the estuary (tidal).

My $.02


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V. Green
orfish@hotbot.com
http://pages.hotbot.com/sports/orfish/V.GreenMain.html