Question for the Forum Regarding the Disabled Fishing Permit.

[Draketake]

• Okay folks. I have an elderly friend who I think qualifies for the ODFW Disabled Angler Fishing Permit. He wants to fish the Deschutes next season from my Driftboat. I found this in the ODFW Regualtions which allows a Disabled Permit holder to :
• 
  
• Fish from an anchored boat, or other floating device, in places where fishing from a boat is prohibited by ODFW.

I understand this to mean that my friend cant fish from a moving boat, as I float down the Deschutes, unanchored. Is that the correct interpretation? If this is the case, my plan would be to just pull into a nice area, maybe just off the bank and drop the anchor, so that he doesnt have to get in and out of the boat. This way I think, would be the best way for him to cover some productive water.

Am I maybe not understanding the regulations? Can he in fact, cast and fish, as we float down the river?

If any of you have done this for a friend, family member or even a client, do you have any tips/tricks you can pass on?

FWIW this friend of mine is probably one of the best fly fisherman and Flt Tyer, that Ive met in my 40 ish years of doing this sport. The last few years have been physically tough for him. When I mentioned the Disabled Angler Permit Idea to him today, his face lit up like a Christmas Tree. Warmed my heart. Hope I can make this happen.

Happy Weekend All.

Bob

 

[krusty]

Best way to confirm is to contact an ODFW enforcement officer via email. Printout the response and keep it on hand because different enforcement officers, being human, may interpret regulations in a different manner, and having some documentation supporting what you're proposing would constitute an affirmative defense in case there's a difference of opinion in the field.

Forum opinions about legality would carry little weight.

 

[Eastside]

Agree with Krusty To consult ODFW. The one guide that I know who works with disabled angler permits walks the boat down the run with the angler in the front. It’s hard work! I don’t have direct knowledge of the regulations, so best to consult ODFW.

 

[Josh]

Fish from an anchored boat, or other floating device, in places where fishing from a boat is prohibited by ODFW.

Consult ODFW is the correct answer. But I don't see any way to read this but "a disabled person can fish from an anchored boat, or other anchored floating device". I don't see any way to read it where a disabled person can fish from a moving boat.

This document has it worded:

A Disabilities Permit holder may:
May angle from an anchored craft in waters where angling from a floating device
is prohibited by ODFW. This allowance does not supersede safety or security
regulations enacted by other agencies

Which I also can't read any other way than the boat needs to be anchored.

But I am NO expert in this and have enough trouble understanding WDFW regs.

 

[Kilchis]

The Oregon State Police are charged with enforcement of Oregon fish and game laws and regulations. ODFW does not have an enforcement arm. I suggest contacting the Salem OSP Fish and Wildlife headquarters by email to ask your question. This link should give you the contact information: https://www.oregon.gov/osp/programs/fw/Pages/sections.aspx#wildlife

FWIW, I wrote a lot of Oregon Administrative Rules for a different agency and my take is that the regulation includes the reference to “anchored“ intentionally. Otherwise there is no reason to include the word in the reg.

 

[Draketake]

Thanks everyone.

Anchored only is the only way to read it. Total drag. Seems like it wouldnt have hurt anything to allow fishing off a drifting boat but rules is rules.

Have a good weekend all.

Bob

 

[krusty]

The Oregon State Police are charged with enforcement of Oregon fish and game laws and regulations. ODFW does not have an enforcement arm. I suggest contacting the Salem OSP Fish and Wildlife headquarters by email to ask your question. This link should give you the contact information: https://www.oregon.gov/osp/programs/fw/Pages/sections.aspx#wildlife

FWIW, I wrote a lot of Oregon Administrative Rules for a different agency and my take is that the regulation includes the reference to “anchored“ intentionally. Otherwise there is no reason to include the word in the reg.

@Kilchis. Interesting. Does one often encounter state troopers enforcing fish and wildlife regulations in the field? Perhaps OSP have special units/officers permanently assigned to perform that function? WDFG are extremely 'thin on the ground'.

 

[Canuck from Kansas]

@Kilchis. Interesting. Does one often encounter state troopers enforcing fish and wildlife regulations in the field? Perhaps OSP have special units/officers permanently assigned to perform that function?

Every spring prior to the Upper Deschutes opening I would hike with the pups and do some scouting. Every spring I ran into an OSP officer checking to see if I was fishing. It was much appreciated, because on more than one occasion, I came across folks who were.

Cheers

 

[krusty]

Every spring prior to the Upper Deschutes opening I would hike with the pups and do some scouting. Every spring I ran into an OSP officer checking to see if I was fishing. It was much appreciated, because on more than one occasion, I came across folks who were.

Cheers

I always appreciate seeing F&G enforcement officers out and about.

 

[Wayne Kohan]

@Kilchis. Interesting. Does one often encounter state troopers enforcing fish and wildlife regulations in the field? Perhaps OSP have special units/officers permanently assigned to perform that function? WDFG are extremely 'thin on the ground'.

Several years ago I was fishing in NE Oregon off a trail for mountain biking. A couple guys came by on motorcycles and stopped and checked our licenses. They were OSP. Very friendly, some fishing tips from them. Seems like riding a motorcycle up a beautiful trail through the mountains next to a stream would be considered a nice assignment for a state patrolman.

 

[Old Man]

• Okay folks. I have an elderly friend who I think qualifies for the ODFW Disabled Angler Fishing Permit. He wants to fish the Deschutes next season from my Driftboat. I found this in the ODFW Regualtions which allows a Disabled Permit holder to :
• 
  
• Fish from an anchored boat, or other floating device, in places where fishing from a boat is prohibited by ODFW.

I understand this to mean that my friend cant fish from a moving boat, as I float down the Deschutes, unanchored. Is that the correct interpretation? If this is the case, my plan would be to just pull into a nice area, maybe just off the bank and drop the anchor, so that he doesnt have to get in and out of the boat. This way I think, would be the best way for him to cover some productive water.

Am I maybe not understanding the regulations? Can he in fact, cast and fish, as we float down the river?

If any of you have done this for a friend, family member or even a client, do you have any tips/tricks you can pass on?

FWIW this friend of mine is probably one of the best fly fisherman and Flt Tyer, that Ive met in my 40 ish years of doing this sport. The last few years have been physically tough for him. When I mentioned the Disabled Angler Permit Idea to him today, his face lit up like a Christmas Tree. Warmed my heart. Hope I can make this happen.

Happy Weekend All.

Bob

The way I read this is that fishing from a anchored boat is that they can fish a piece of skinny water that is CLOSED to other boaters. They can fish from a boat just as long as they have a license that allows them to fish on any water. You have to read this and use your judgement which I have. It seems that most people don't read the whole thing. The third dot down is clear to me. When you read this don't stop reading at the comma.

 

[Canuck from Kansas]

The way I read this is that fishing from a anchored boat is that they can fish a piece of skinny water that is CLOSED to other boaters. They can fish from a boat just as long as they have a license that allows them to fish on any water. You have to read this and use your judgement which I have. It seems that most people don't read the whole thing. The third dot down is clear to me. When you read this don't stop reading at the comma.

Sorry, but nope. The water is not closed to boaters, you just cannot fish from the boat, eg, the Deschutes is not "skinny water" - you are not allowed to fish from a boat/floating devise on the Deschutes, you must anchor (or beach), get out of the boat to fish.

My reading is with the Disabled Angler Fishing Permit, the permit holder does not have to exit the boat the "anchored boat", ie, can fish from within, the non permit holders must still exit the boat.

Cheers

 

[krusty]

Prior to my recent retirement I'd been directly involved in a wide variety of regulatory spheres for the past 44 years. I have had differing opinions rendered by highly experienced attorneys regarding interpretations of regulatory language, particularly when administrative codes are concerned.

The most important thing is seeking an opinion from the biggest regulatory dog in the room.

For example, I've seen WA DOE assert that a regulation means something completely opposite of how USEPA interprets a CWA regulation...and when push comes to shove the highest authority will prevail (unless it ends up in federal court, where it's anybody's guess).

Consult with the folks running Oregon's F& W enforcement group.

And try to get it in writing, because I've seen regulators try to deny they gave an erroneous opinion. WA DOE pissed backwards on opinions quite frequently.

 

[Dustin Chromers]

• Okay folks. I have an elderly friend who I think qualifies for the ODFW Disabled Angler Fishing Permit. He wants to fish the Deschutes next season from my Driftboat. I found this in the ODFW Regualtions which allows a Disabled Permit holder to :
• 
  
• Fish from an anchored boat, or other floating device, in places where fishing from a boat is prohibited by ODFW.

I understand this to mean that my friend cant fish from a moving boat, as I float down the Deschutes, unanchored. Is that the correct interpretation? If this is the case, my plan would be to just pull into a nice area, maybe just off the bank and drop the anchor, so that he doesnt have to get in and out of the boat. This way I think, would be the best way for him to cover some productive water.

Am I maybe not understanding the regulations? Can he in fact, cast and fish, as we float down the river?

If any of you have done this for a friend, family member or even a client, do you have any tips/tricks you can pass on?

FWIW this friend of mine is probably one of the best fly fisherman and Flt Tyer, that Ive met in my 40 ish years of doing this sport. The last few years have been physically tough for him. When I mentioned the Disabled Angler Permit Idea to him today, his face lit up like a Christmas Tree. Warmed my heart. Hope I can make this happen.

Happy Weekend All.

Bob

I'm unsure on the regulation but as for fishing this way I would suggest a shorter head line and working him down the run as one would wade. I've rowed for people on other rivers for folks in the same circumstances.

I found an anchor at each end of the boat to be a great tool. This way his D loop or back cast could be over the water rather than your head. The angler can then fish off their dominant side no matter what side of the river you are fishing.

A well appointed boat can vastly increase enjoyment and success. Consider the following:

Two anchors. I like the leelock front anchor system as well as the rear.

A level floor that is not slippery.

Lower sided boats or at a minimum a place to step and grab for entry and exit from the boat is nice. Along with this is parking in as shallow of spot as you can if one needs to get out. This minimises the stretch and climb factor.

A place for his running line free of snags and tangling obstacles. A large piece of netting can cover the anchor stinger and other items that pose problems. Again make sure it's not a trip hazard

Lastly a good place to lean on with a comfortable seat including back support for between runs.

I commend you for wanting to extend someone's fishing career. With any luck we will all be there at some point and hopefully be fortunate to have a friend willing to row us despite some limitations that come with age and injury.

 

[Draketake]

@Dustin Chromers ,

Excellent ideas. Thank you.

As I was reading your input I had another thought. If I am out of the boat, holding the stern, as long as the boat is not moving downriver, Im thinking that the boat can be construed as being "anchored". Thus, between casts, I could start and stop him down a nice run, much quicker than dropping and pulling anchor multiple times.

Be safe all.

Bob

 

[krusty]

@Dustin Chromers ,

Excellent ideas. Thank you.

As I was reading your input I had another thought. If I am out of the boat, holding the stern, as long as the boat is not moving downriver, Im thinking that the boat can be construed as being "anchored". Thus, between casts, I could start and stop him down a nice run, much quicker than dropping and pulling anchor multiple times.

Be safe all.

Bob

Depends upon whether the officer is entertained by the novelty of your interpretation, or thinks you're trying to be cute with your interpretation. Do you feel lucky?

I'd preface all of my interpretations to the LEO (or the judge if contesting the citation) with "As I read the regulation..." and "Remember that I pay your salary". Show'em who's the boss!

 

[SculpinSwinger]

You will need a boaters pass, and the Deschutes is not an easy wade in most places, easy to lose footing even with studded felt. I’d anchor.
Stay safe

 

[Draketake]

Good points again by SS and Krusty. Though I would never throw out the I pay your salary thing. That never is taken well.

BTW I just emailed OSP. They got back to me saying they answer emails Monday - Friday 0800 - 1700. I shall wait and see.

Bob

 

[krusty]

Good points again by SS and Krusty. Though I would never throw out the I pay your salary thing. That never is taken well.

BTW I just emailed OSP. They got back to me saying they answer emails Monday - Friday 0800 - 1700. I shall wait and see.

Bob

Neither is the "As I read the regulation....." taken well.

Just for shits and giggles you could try the highly successful sovereign citizen approach!

 

[DFG]

Disabled Angler Permit considerations aside, my understanding is that fishing from any floating device is prohibited on the D.