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01-20-2004, 06:40 PM
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#1
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Tuna!
Join Date: Dec 2002
Location: United States
Posts: 1,468
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My Eagle Creek report
Didn't catch any fish. In fact I didn't even fish. I drive out to the creek. Put my waders on, grab my gear and go. Get to the creek, ready to cast and it hits me like a punch in the face. I don't have a 2004 license. I forgot to buy a new license and tag. I have not had a chance to fish for quite some time and it slipped my mind. Well I don't cast but I break my pole down with the quickness and start heading back to the car. I am thinking the whole way that I am going to run into law enforcement and i'll be standing there with pole in hand and no fishing license. What am I going to say?
I make it back to my car without incident. Anyway, I didn't have enough time to go get a license and go back and fish due to an appointment in portland. Got my license now though.
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01-20-2004, 06:44 PM
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#2
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Ifish Nate
Join Date: Apr 2002
Location: Cottage Grove, OR
Posts: 2,614
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Re: My Eagle Creek report
That was a close one :shocked: . I usually get mine in mid December. You should start marking it on your calender. Sorry you did'nt get to fish. :depressed:
CM
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01-20-2004, 06:53 PM
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#3
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Ifish Nate
Join Date: Apr 2000
Location: Beaverton, Oregon
Posts: 3,044
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Re: My Eagle Creek report
Bummer of a fishing trip, I ususally get mine when I catch the first fish I have to tag. That way if I never catch a harvestable fish I save a few bucks.
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01-21-2004, 08:34 AM
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#4
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Ifish Nate
Join Date: Dec 2003
Location: Eugene, OR
Posts: 2,725
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Re: My Eagle Creek report
I've run into enforcement a handful of times over the years, and one pattern I've noticed is that they've only made me produce my license/tag if they actually see me fishing. When they drive by me on the road while i'm walking back to the car, they may stop to chat, and even ask in a "just a reminder" sort of way if I had all the proper legal stuff, but didn't make me show it to them (even though it looked obvious i'd been fishing). I guess technically, standing near a river with a rod in hand but no license isn't illegal if your line never hits the water. You just might have gotten away with telling the truth if you'd been stopped.
__________________
"Supreme executive power derives from a mandate from the masses, not some farcical aquatic ceremony..."
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01-21-2004, 09:34 AM
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#5
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Steelhead
Join Date: Mar 2003
Location: milwaukie
Posts: 432
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Re: My Eagle Creek report
Time to start asking for gift certificates at XMAS a great way to be prepared for the New Year.
__________________
Life is funny and bee's make honey.. true - true..
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01-21-2004, 09:44 AM
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#6
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Chromer
Join Date: Mar 2003
Location: Beaverton, OR
Posts: 615
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Re: My Eagle Creek report
Siwash,
I was recently asked to produce my license in a park parking lot. Rods and waders were in the truck. It is an interesting point however. Could I get a ticket for fishing without a license if I wasn't observed fishing?
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AdoFish
Wild salmon show us how to give of ourselves for the sake of things greater than ourselves. -David James Duncan
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01-21-2004, 10:06 AM
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#7
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Ifish Nate
Join Date: Dec 2003
Location: Eugene, OR
Posts: 2,725
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Re: My Eagle Creek report
Yeah, Ado, i'm still curious about that myself. I can only speak for my experience, which is hardly a statistically significant sample size. I'm sure the individual officer's disposition can have a lot to do with it. I've heard stories (dunno how true) of friends who got pulled over for clearly speeding, but were let go with warnings because the trooper supposedly didn't get a valid radar reading to prove the violation in court. Any enforcement guys out there who can explain the legal standing when it looks like you probably did something illegal, but they didn't see it happen (and of course there's no real evidence, since in this scenario the suspected violation never actually took place)?
__________________
"Supreme executive power derives from a mandate from the masses, not some farcical aquatic ceremony..."
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01-21-2004, 10:20 AM
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#8
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Tuna!
Join Date: Jan 2003
Location: Headed for the bank
Posts: 1,066
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Re: My Eagle Creek report
A couple of years ago I was fishing in Oxbow Park. The bite was happening and it didn't dawn on me until I had a fish on that I had left my license and tag at home, 40 miles away. So, I handed my rod off to a little girl that was there fishing with her dad and she landed her first steelhead. The park officer (Wiser) was there and witnessed the event. I told him I didn't have my license with me and asked him if the whole thing was ok. He let it slide, the girl got to keep her fish, and I didn't get a ticket, but he wouldn't let me fish anymore. He said it's pretty much up to the officer's discretion, and if another official happened to come along I'd probably get nailed, so better not take the chance.
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01-21-2004, 12:49 PM
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#9
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Tuna!
Join Date: Apr 2002
Location: Oregon City
Posts: 1,455
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Re: My Eagle Creek report
Quote:
Originally posted by SKP:
Just catch and release, and you can save your hard earned bucks! SKP :grin:
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<font size="2" face="verdana,arial,helvetica">For all you Catch and Release people who fish for Salmon & Steelhead without a tag, are ILLEGAL!!!!
ODFW:
"LICENSES, TAGS AND PERMITS:
All anglers, regardless of age, need in possession a valid Combined Angling Tag to angle for salmon, steelhead, sturgeon or Pacific halibut."
So, you better pay up like the rest of us. [img]graemlins/berry.gif[/img]
Cheerio'
Skipper
__________________
Cheerio'
Skipper
"Something is going to happen real soon - either we're going to catch fish, or we won't."
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01-21-2004, 01:05 PM
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#10
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Tuna!
Join Date: Jan 2003
Location: West Linn
Posts: 1,893
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Re: My Eagle Creek report
The last time I even saw an enforcement officer was about 25 years ago. I had a license but didn't have one with me. As I recall the guy took my info and said I needed to show up with the license within a few days or I would receive a ticket.
I'm curious if anyone else has ever been tagged for not having it on you and what the outcome was.
Skipper - I think Zaq and SKP were not being serious
__________________
GS/WLW
Team Omba-Bomba
Squiddy Mangler Pro Staff
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01-21-2004, 01:10 PM
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#11
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Tuna!
Join Date: May 2002
Location: Salem, OR
Posts: 1,037
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Re: My Eagle Creek report
Skipper,
Thought you might want to take a look at this.
sar·cas·tic
Pronunciation: sär-'kas-tik
Function: adjective
Date: 1695
1 : having the character of sarcasm <sarcastic criticism>
2 : given to the use of sarcasm : CAUSTIC <a sarcastic critic>
- sar·cas·ti·cal·ly /-ti-k(&-)lE/ adverb
synonyms SARCASTIC, SATIRIC, IRONIC, SARDONIC mean marked by bitterness and a power or will to cut or sting. SARCASTIC implies an intentional inflicting of pain by deriding, taunting, or ridiculing <a critic famous mainly for his sarcastic remarks>. SATIRIC implies that the intent of the ridiculing is censure and reprobation <a satiric look at contemporary sexual mores>. IRONIC implies an attempt to be amusing or provocative by saying usually the opposite of what is meant <made the ironic observation that the government could always be trusted>. SARDONIC implies scorn, mockery, or derision that is manifested by either verbal or facial expression <surveyed the scene with a sardonic smile>.
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01-21-2004, 01:34 PM
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#12
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Steelhead
Join Date: Dec 2003
Posts: 163
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Re: My Eagle Creek report
For those of you wondering whether you could be ticketed fow having your fishing stuff at the river, but not be seen fishing, the answer is yes. If the officer believes there is enough reason to believe you have been fishing, or intended to fish without a license, they can ticket you. Now, you can take it to court if you actually were not fishing and were not going to, and may win. But the ticket could be issued.
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01-21-2004, 02:52 PM
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#13
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Tuna!
Join Date: Apr 2002
Location: Oregon City
Posts: 1,455
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Re: My Eagle Creek report
Boedy,
There is nothing in SKP’s reply to indicate SARCASM.
Cheerio’
Skipper
__________________
Cheerio'
Skipper
"Something is going to happen real soon - either we're going to catch fish, or we won't."
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01-21-2004, 03:40 PM
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#14
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Ifish Nate
Join Date: Jun 2000
Location: Olympia, WA
Posts: 2,090
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Re: My Eagle Creek report
Quote:
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For those of you wondering whether you could be ticketed fow having your fishing stuff at the river, but not be seen fishing, the answer is yes. If the officer believes there is enough reason to believe you have been fishing, or intended to fish without a license, they can ticket you. Now, you can take it to court if you actually were not fishing and were not going to, and may win. But the ticket could be issued.
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<font size="2" face="verdana,arial,helvetica">Sure.......and you could be written a ticket for trespassing for being in your front yard, too. Neither ticket would EVER stand up in court.
__________________
Fish on..........
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01-21-2004, 04:47 PM
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#15
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Ifish Nate
Join Date: May 2002
Posts: 3,134
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Re: My Eagle Creek report
Uh, no. The officer/deputy would have to witness you actually fishing or to issue the ticket. It is not a crime to fish without a license, only a violation.
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01-21-2004, 05:41 PM
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#16
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Steelhead
Join Date: Dec 2003
Posts: 163
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Re: My Eagle Creek report
Actually Foxer, the officer has to have enough reason to believe that you have been fishing, or were attempting to fish in violation of the law. If he does, he can issue you a ticket. Being at the river with a fishing pole, tackle, and no license, is enough to issue you a ticket. He does not actually have to see you fishing to write you a ticket. That is what is called probable cause. If he has probably cause to write you a ticket, he can. And if the obvious evidence points to you fishing, or attempting to fish illegally, you can be sighted. Just like a drunk with his keys in the ignition, but the car not running, can be arrested for drunk driving. When it comes to violations, you don't have to prove that someone is guilty beyond a reasonable doubt, you have to prove quilty by a preponderence of the evidence. And if you go to court and the officer testifies that you were on the river bank, equipped to fish, and had no license, you will be found guilty. Now in heavy metals case, you may be able to go to court, and the judge may believe it was a mistake and let you off. However, there is enough evidence for a ticket, and enough evidence for it to stand up in court.
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01-21-2004, 08:35 PM
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#17
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Steelhead
Join Date: Nov 2002
Location: Redmond, Oregon
Posts: 276
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Re: My Eagle Creek report
I had never been checked for a hunting or fisning license in my life (29 now) until last year on January 2nd, I was fishing for some metal heads on the John Day, at a place called the Priest Hole. This place is out in the middle of nowhere, and the last thing I expected was to be checked by two Fish & Game officers. Sure enough I am about half way through the drift I was fishing and I hear a truck coming. I thought it would be some other fisherman, or maybee some chuckar hunters. Nope two Fish and Game guys, and they wanted to see my license. Lucky for me my dad gets me a sports pac every year for Christmas. Morral of the story don't go fishing without your tags no matter where you are, because they can find you.
P.S. It was a fishless day any ways.
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01-21-2004, 09:12 PM
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#18
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King Salmon
Join Date: Jul 2003
Location: About 2 miles from Viola, OR and about four miles from Tillamook
Posts: 6,815
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Re: My Eagle Creek report
Well, here's my Eagle Cr. Report. Fished for about two hours this morning. Had one hooked for about fifteen seconds on my new noodle stick before it got off. I had a license. I did not see a game warden.
__________________
The boat leaves the ramp at 0500. If you're there at 0501 and looking for me, you were late.
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01-21-2004, 11:28 PM
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#19
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Ifish Nate
Join Date: Aug 2002
Location: Oregon/Alaska/Minnesota/Great Lakes Fishing Vacation 2012 - Can't Wait!
Posts: 3,264
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Re: My Eagle Creek report
ZaQ,
Just catch and release, and you can save your hard earned bucks! What would you rather have any ways, bucks or hens?!?  [img]graemlins/idea.gif[/img] :shocked: [img]graemlins/1zhelp.gif[/img]
SKP :grin:
__________________
Kwik........bobber down........Set the hook!
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01-22-2004, 06:09 AM
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#20
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Chromer
Join Date: Dec 2002
Location: gresham
Posts: 724
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Re: My Eagle Creek report
The State Cop that checked me this year on Eagle C was up on the bluff above me hiding in the bushes in Camo, I thought I saw something up there and then my dog went up there because she must of saw something to and she started barking and this bush and out comes the cop looking like hed been caught with his hand in the cookie jar. It seems like a crock to me that they can hide in the bushes like that, almost like intrapment.
__________________
 Fish on!!!
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01-22-2004, 08:12 AM
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#21
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Cutthroat
Join Date: Apr 2003
Location: tualatin
Posts: 49
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Re: My Eagle Creek report
I bought my licence last thursday night and went fishing on the Wilson friday. A Game Warden came down the river in a pontoon boat and checked a bunch of us at the guide shop hole for licences and tags.
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01-22-2004, 09:26 AM
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#22
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Ifish Nate
Join Date: Jun 2000
Location: Olympia, WA
Posts: 2,090
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Re: My Eagle Creek report
Quote:
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if you go to court and the officer testifies that you were on the river bank, equipped to fish, and had no license, you will be found guilty
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<font size="2" face="verdana,arial,helvetica">You COULD be found guilty??
On the river bank, equipped to fish...........do you REALLY think you need a license to do that? Only a complete rookie cop/warden would send that ticket before a judge.
__________________
Fish on..........
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