bad info from the dept

[spokey9]

Yesterday i got a ticket for fishing at chico creek. i was fishing below the sign in what looked to be the lower portion of the creek itself. i had called last thursday and talked to somebody at the region 6 office that had told me that chico was open and fell under the statewide freshwater regulations. the warden yesterday (he was a decent guy and just doin his job) hit me and two buddies for fishing in saltwater without a salt license. apparently below the marker is all considered saltwater. i talked to region 6 about this again today and they say that whoever i talked to didn't make any notes on the computer. i feel i got this ticket based on bad info the dept gave me and am not sure who to talk too about getting this thing squared away. i plan to contest the ticket in court on dec. 10. anybody got any advice?

[Amx]

Got a picture of this 'marker'? I've never heard of a marker. Take a picture of the area in an 'overall view' if you can. What's it say in the regulations about these 'markers'?

[Gringo Pescador]

See if you can get names and phone #s of the people giving you the info and take pics if you can. Might at least get it reduced just for going through the effort.

[goodtimesfishing]

If the regs make it sound confusing then you have a chance, but if the regs are pretty clear about it, you might be wasting your time to fight it. Just remember in the future if you make the call, ask the person you speak with, to please note conversation on the computer (mention this unfortunate circumstance) then note what time you called and who you talked to. This will help you if in the future you go to fight a ticket, then you can say "because the regs are confusing, unclear and I was unsure of the regs I called #### number and talk to %$#^$# person, at %$# time and was told%^@#, sir, I am unsure of what more I could have done to clarify the regs."
Good luck if you fight it.

[G-Man]

I can't offer much help on your current situation, just that you can't trust info you get from someone over the phone at the regional departments. Get it in writing and carry it with you. The only problem with that is it takes a fairly long time to get a response via email. I had questioned someone at the Region 6 office a few years ago regarding the high buck hunt and feral pig situation on the Olympic Peninsula. The gal I spoke with was convinced that I could hunt in the National Park and I can only imagine what kind of trouble I would have gotten myself into if had I not thought she was looped.

The question to start with is what were you fishing for? If it was salmon, I don't think you have an out as Chico isn't listed as a body of water that is open to salmon and therefor the only legal place to fish for them is in the section that falls under saltwater guidelines. Also, if you were fishing for salmon it may turn out that you were lucky to have been fishing the salt section as the fine for targeting salmon illegally is a bit more stiff. If you were after trout, then you have some room for an argument and as been mentioned get pictures of where you were fishing and of the surrounding area.

[spokey9]

because there is no note in the computer, and nobody in the office wanted to admit to (or remembers) my converstion about chico, the supervisor at region 6 said that they have no idea who i couldve talked too. but several people i was transferred around to did mention that the office had a meeting yesterday because of the ticket.

by the regs non listed streams and rivers are closed thats pretty clear, after talking to them we went up chico (again thinkin it was open. theres a sign about 100 yards or so downstream from the road marking the upstream of it closed. there's no mention of that marker in the marine section of the regs (area 10) that i could find. so it looked fine to fish. we were fishing for chums and the warden inspected our gear an didn't see anything outta line. it was high tide (an 11.5 foot tide) and where we were fishing still looked like a creek with the actual mouth a good cast away. the warden said that marker down is considered salt. so it's kinda confusing to me how they define the mouth down there.

that's a good idea about takin some pics of the place. i've gotta check when there will be a similar tide an take some snaps of the area. probly gonna spend more on gas driving around then actuallly paying the ticket lol.

the warden also mention from time to time some of the staff give out some bogus info because they think they know the regs. he wrote in his report that we were cooperative and that he believed we were telling the truth, but because i didnt get the person i spoke with's name he couldnt verify my story and had to go by the evidence in front of him.

[G-Man]

So, technically you weren't fishing Chico creek, you were fishing in Chico Bay. I suppose the question could be asked, "who determines were the creek becomes the bay and why is it not in the current regulations?" This however, doesn't explain why you were fishing for chum in an area you though was open under statewide general freshwater rules.

All FRESHWATER areas are CLOSED to fishing for SALMON, DOLLY VARDEN/BULL TROUT, GREEN STURGEON, LAMPREY, and GRASS CARP unless listed as open in Special Rules. Fishing for COMMON CARP, WHITE STURGEON, SHAD, or forage fish (unless specif cally noted in Special Rules) is open only during open game fish or SALMON seasons.
LAKES, PONDS, AND RESERVOIRS are open to fishing for game fish (except DOLLY VARDEN/BULL TROUT and GRASS CARP) year-round.
RIVERS, STREAMS, AND BEAVER PONDS that drain into Puget Sound or the Strait of Juan de Fuca are CLOSED to fishing unless listed as open. See page 31 for complete information.

So even if the person you spoke with was correct and Chico Creek was open under statewide general freshwater rules, the Creek would still be closed to fishing for salmon. I hate say it, but either way, I think you are stuck with that ticket.

[spokey9]

that's why i called the dept was to see if chico was open and if we could legally fish salmon. the answer was yes and when i asked what the limit & regulation as for what gear we could use i was referred to the statewide regs as far as keeping 2 salmon and gear regulation. i was very specific as far as what i needed to know, i follow the regs the best i can and make a habit of calling the offices when i have still have questions. i was basically told that it's legal to fish chico creek for and retain salmon with a freshwater license. as far as i knew we were fishing completely legal.

[Pradeep]

See if you can get a copy of your call records that show that you placed a call to the office BEFORE you went fishing and got the ticket. Might not get you 100% out of it, but it would show a good faith attempt on your part and the judge should be easier on you and might even get rid of it completely. Worth a shot I would think.

[Mike Carey]

See if you can get a copy of your call records that show that you placed a call to the office BEFORE you went fishing and got the ticket. Might not get you 100% out of it, but it would show a good faith attempt on your part and the judge should be easier on you and might even get rid of it completely. Worth a shot I would think.

excellent advice.

[Marc Martyn]

That is an excellent idea. My daughter got pulled over for talking on a cell phone while driving. She wasn't. She had her elbow on the armrest on her right side and was resting her cheek on her right hand palm. The officer thought she had a cell phone to her ear. She pulled up her cell phone records for that day which showed she was not talking on the phone around the time of the traffic stop. On appearing in court with these records, the judge dismissed the case.