The fate of fall salmon fishing on Oregon coast rivers will be decided during the next few weeks. There are rumors surfacing that Oregon Dept. of Fish and Wildlife has already decided to close certain rivers to chinook fishing for 2009. Who would’ve believed it? The Siuslaw River is (was) home to one of the strongest runs of fall chinook on the coast. Just a few short years ago we had a fall run that was estimated to be near historic highs. And though some of you may want to run me out of town, I’m going to say it anyway: if predicted adult returns do not meet minimum standards, then I am in favor of closing all rivers this fall, including the Siuslaw.
Don’t You Make Money By Taking People Fishing?
As a fishing guide, I book approximately 70% of my trips from Aug-Oct. Fall chinook fishing is by far my most popular season. Not only does fall fishing carry me through slower seasons financially, it also brings tourists in from all over Oregon and the United States. Tourism is big business here, and salmon bring people to the Oregon coast. Those people spend money in our hotels and restaurants. So you like to go fishing and a closure will affect you? I need to go fishing to support my family. I do not take this lightly.
Worst Case Scenario
I am concerned that some rivers on the coast will be closed this fall while the Siuslaw remains open. A great deal of effort will shift to this river, which would be bigger crowds. It is not unreasonable to believe effort could double or triple on the Siuslaw. It is unclear whether or not local businesses would benefit as a large number of new anglers would be coming from close by metro areas like Salem and Portland. So while rivers north and south of the Siuslaw would be getting a break, twice as many anglers would be putting twice as much pressure on a fishery that might not be able to support the pressure. And you think other boaters were rude last year? What’s this? Tons of boats were fishing around Cushman? Brother, you ain’t seen nothin’ yet.
Let The Facts Make The Decisions
While forecasting run size is inexact, fisheries scientists are getting more accurate. Biologists take into account factors such as commercial fishing take, outmigration of juveniles, predation, minimum escapement for sustaining runs and anticipated angling pressure. If, and only if these factors point to the need for an emergency closure, then that is what needs to take place. I would rather be conservative, closing the river if there’s a chance of doing real damage to our run. And if the facts show that this fall’s run can support the pressure, I’ll be the first to push for keeping the river open.
Will we be the generation that is pointed to 100 years from now as the one that destroyed fall chinook fishing on the Siuslaw? I hope not. I’ve worked too hard on habitat restoration projects, tree plantings and other fisheries projects to let greed and short term gains get the better of me. I refuse to put my self interest above that of future generations.
Give Your Opinion On Upcoming Fall Chinook Season
The public is invited to give their opinion regarding the upcoming fall salmon seasons in rivers and lakes. Please write, e-mail or call Bob Buckman, ODFW biologist if you can attend the meeting. Here’s the specifics on the meeting:
When: April 29
Where: Hallmark Resort Newport, 744 Elizabeth, Newport
Contact: Bob Buckman, ODFW, (541) 265-8306 x224, robert.c.buckman@state.or.us
See you on the water,
Action Jackson
(Please send comments or questions to Action Jackson at 268-6944 or www.actionjacksonfishing.com)
Wednesday, April 29, 2009
Wednesday, April 22, 2009
News From Around The Area
There sure is a lot to talk about this week: the possibility of Black Rockfish limits being raised, adoption of Fall Chinook fishing regulations. Let’s get started with warmwater fishing and clarification of my stance on bass and panfish.
Action Jackson Doesn’t Hate Bass And Doesn’t Keep Cormorants As Pets
I recently became aware that many local warmwater fishermen weren’t too happy with me lately. I wrote an article a few weeks ago about non-native fish in this area and urged anglers to keep a limit of bass the next time they go fishing. My comments were largely directed at the Smallmouth bass fishery on the Umpqua River, where bass numbers are out of control. It’s nothing to go there during the summer and catch 100 fish in a day. These fish are very aggressive and there is no doubt they impact salmon and steelhead numbers through predation and competition for food and habitat. Catch and keep a limit of Smallmouth bass this summer on the Umpqua. As far as warmwater fishing on our Central Coast lakes, things appear to be different. The once numerous schools of Yellow perch and White crappie seem to have disappeared. Largemouth bass numbers are way down. I have had several calls and e-mails pointing to one reason: cormorants. Double-Crested cormorant numbers have skyrocketed over the last 20 years, and many birds can be found on Siltcoos Lake year-round. From the research I have been able to do online, population control will be unlikely in the near future. Cormorants are federally protected through the Migratory Bird Treaty Act. Hazing measures might be a viable alternative. Anglers in Tillamook Bay have hired someone to cruise around on a jet ski to disturb flocks of feeding birds into flying somewhere else. Before I’d suggest looking into a similar program here I’d really like to know some results of the jet ski hazing. I also recently received a letter regarding the possibility of state legislation looking into cormorant predation problems and solutions. Readers, this issue is still very much in the front of my mind and you haven’t heard the last of it.
Black Rockfish Limit Being Raised?
There’s a strong possibility that Black Rockfish limits will be raised in the near future from 6 to 7 fish per day. Opponents of Marine Reserves are pointing to an increased bag limit as a victory for Fisheries Managers and reason to dismiss all talk of MRs. I’m not 100% convinced. Ocean conditions have been excellent for Black Rockfish recently and surely have played a part in increased numbers. I say enjoy an increased limit and partake in the fishery, but also realize that gains might only be short-term.
Give Your Opinion On Upcoming Fall Chinook Season
The public is invited to give their opinion regarding the upcoming fall salmon seasons in rivers and lakes. Please write, e-mail or call Bob Buckman, ODFW biologist if you can attend the meeting. Here’s the specifics on the meeting:
When: April 29
Where: Hallmark Resort Newport, 744 Elizabeth, Newport
Contact: Bob Buckman, ODFW, (541) 265-8306 X224
Chinook numbers aren’t expected to be much higher than the last 2 years is the word I’m getting. With this in mind, I am advocating that last year’s closures of Lake Creek and the Siuslaw River above Lake Creek be made permanent. There has been numerous problems with snagging, poaching and fishing over salmon past their prime for eating. Our chinook runs need places like Lake Creek when numbers are down. Closing Lake Creek will help ensure salmon will return to the Siuslaw for our grandchildren and their grandchildren to enjoy.
See you on the water,
Action Jackson
(Please send comments or questions to Action Jackson at 268-6944 or www.actionjacksonfishing.com)
Action Jackson Doesn’t Hate Bass And Doesn’t Keep Cormorants As Pets
I recently became aware that many local warmwater fishermen weren’t too happy with me lately. I wrote an article a few weeks ago about non-native fish in this area and urged anglers to keep a limit of bass the next time they go fishing. My comments were largely directed at the Smallmouth bass fishery on the Umpqua River, where bass numbers are out of control. It’s nothing to go there during the summer and catch 100 fish in a day. These fish are very aggressive and there is no doubt they impact salmon and steelhead numbers through predation and competition for food and habitat. Catch and keep a limit of Smallmouth bass this summer on the Umpqua. As far as warmwater fishing on our Central Coast lakes, things appear to be different. The once numerous schools of Yellow perch and White crappie seem to have disappeared. Largemouth bass numbers are way down. I have had several calls and e-mails pointing to one reason: cormorants. Double-Crested cormorant numbers have skyrocketed over the last 20 years, and many birds can be found on Siltcoos Lake year-round. From the research I have been able to do online, population control will be unlikely in the near future. Cormorants are federally protected through the Migratory Bird Treaty Act. Hazing measures might be a viable alternative. Anglers in Tillamook Bay have hired someone to cruise around on a jet ski to disturb flocks of feeding birds into flying somewhere else. Before I’d suggest looking into a similar program here I’d really like to know some results of the jet ski hazing. I also recently received a letter regarding the possibility of state legislation looking into cormorant predation problems and solutions. Readers, this issue is still very much in the front of my mind and you haven’t heard the last of it.
Black Rockfish Limit Being Raised?
There’s a strong possibility that Black Rockfish limits will be raised in the near future from 6 to 7 fish per day. Opponents of Marine Reserves are pointing to an increased bag limit as a victory for Fisheries Managers and reason to dismiss all talk of MRs. I’m not 100% convinced. Ocean conditions have been excellent for Black Rockfish recently and surely have played a part in increased numbers. I say enjoy an increased limit and partake in the fishery, but also realize that gains might only be short-term.
Give Your Opinion On Upcoming Fall Chinook Season
The public is invited to give their opinion regarding the upcoming fall salmon seasons in rivers and lakes. Please write, e-mail or call Bob Buckman, ODFW biologist if you can attend the meeting. Here’s the specifics on the meeting:
When: April 29
Where: Hallmark Resort Newport, 744 Elizabeth, Newport
Contact: Bob Buckman, ODFW, (541) 265-8306 X224
Chinook numbers aren’t expected to be much higher than the last 2 years is the word I’m getting. With this in mind, I am advocating that last year’s closures of Lake Creek and the Siuslaw River above Lake Creek be made permanent. There has been numerous problems with snagging, poaching and fishing over salmon past their prime for eating. Our chinook runs need places like Lake Creek when numbers are down. Closing Lake Creek will help ensure salmon will return to the Siuslaw for our grandchildren and their grandchildren to enjoy.
See you on the water,
Action Jackson
(Please send comments or questions to Action Jackson at 268-6944 or www.actionjacksonfishing.com)
Thursday, April 16, 2009
Advice For Fishing New Rivers
From time to time, you’ll find yourself thinking about fishing waters that are unfamiliar. First, let me tell you it’s a great idea! You’re certain to expand your fishing knowledge, see some beautiful scenery and perhaps hook into a fish of a lifetime. But before you load up your gear at three in the morning and get in the car, here’s some tips to help your expedition be less stressful and more successful.
Research Will Pay Off
There are two books I will read before I head out to fish new waters: Fishing in Oregon (Sheehan) and Oregon River Maps & Fishing Guide (Amato Books). These two books will give you information on boat launches, run timing, best river levels to fish and popular techniques. Other information you’ll find in these books includes navigation hazards (subject to change) and close-by services. Pick up these two books before your next trip and they will save you a lot of preparation time.
Check The Weather and River Levels
Checking the weather for the area you’ll fish and the river level will save you a lot of disappointment. There’s nothing worse than driving three hours to fish a new location only to find the river has blown out. Check the National Weather Service website (http://www.wrh.noaa.gov/pqr/) before heading out. This website will tell you the upcoming weather, and many river’s levels are listed as well. Remember that best fishing is usually when the river is dropping or steady and not on a rising river. Also, if the river is too low and clear, fish tend to be spooky and fishing is more difficult. You’ll find best fishing after a storm, as the river is first clearing and coming into shape.
Talk To Someone Who Knows
If you know someone in the area you’ll be fishing, call them and find out what’s going on. If you don’t know someone in the area (more often the case), call a guide on the river you’ll be fishing and ask them where the fish are. You can contact a local Chamber of Commerce to find the names and numbers of reliable guides. Any good guide will be happy to share information with you. Be sure to ask what stretch of the river is fishing the best, what techniques are working, and if there are any boating hazards of which you should be aware. If it helps you, write down your questions ahead of time so you ask about everything you want to ask about. If the guide doesn’t know, he or she should be able to point you in the right direction.
Spend At Least A Couple Of Days
Spending more than one day will really increase your chances of success when fishing a new river. You’ll be able to spend more time fishing, cover more water, and not feel so rushed. You don’t want to spend more time driving than fishing, so plan to stay overnight and fish again the next day.
See you on the water,
Action Jackson
(Please send comments or questions to Action Jackson at 268-6944 or www.actionjacksonfishing.com)
Research Will Pay Off
There are two books I will read before I head out to fish new waters: Fishing in Oregon (Sheehan) and Oregon River Maps & Fishing Guide (Amato Books). These two books will give you information on boat launches, run timing, best river levels to fish and popular techniques. Other information you’ll find in these books includes navigation hazards (subject to change) and close-by services. Pick up these two books before your next trip and they will save you a lot of preparation time.
Check The Weather and River Levels
Checking the weather for the area you’ll fish and the river level will save you a lot of disappointment. There’s nothing worse than driving three hours to fish a new location only to find the river has blown out. Check the National Weather Service website (http://www.wrh.noaa.gov/pqr/) before heading out. This website will tell you the upcoming weather, and many river’s levels are listed as well. Remember that best fishing is usually when the river is dropping or steady and not on a rising river. Also, if the river is too low and clear, fish tend to be spooky and fishing is more difficult. You’ll find best fishing after a storm, as the river is first clearing and coming into shape.
Talk To Someone Who Knows
If you know someone in the area you’ll be fishing, call them and find out what’s going on. If you don’t know someone in the area (more often the case), call a guide on the river you’ll be fishing and ask them where the fish are. You can contact a local Chamber of Commerce to find the names and numbers of reliable guides. Any good guide will be happy to share information with you. Be sure to ask what stretch of the river is fishing the best, what techniques are working, and if there are any boating hazards of which you should be aware. If it helps you, write down your questions ahead of time so you ask about everything you want to ask about. If the guide doesn’t know, he or she should be able to point you in the right direction.
Spend At Least A Couple Of Days
Spending more than one day will really increase your chances of success when fishing a new river. You’ll be able to spend more time fishing, cover more water, and not feel so rushed. You don’t want to spend more time driving than fishing, so plan to stay overnight and fish again the next day.
See you on the water,
Action Jackson
(Please send comments or questions to Action Jackson at 268-6944 or www.actionjacksonfishing.com)
Wednesday, April 8, 2009
News From Around The Area
Some spring-like weather has finally started to show over the past few days. Even though most of the river is closed to fishing to protect juvenile salmon and steelhead, there’s still plenty of fishing to do. Here’s the latest from around the area.
Siuslaw Open To Steelhead Whittaker-Wildcat
The mainstem Siuslaw is still open for steelhead fishing from Whittaker Creek to Wildcat Creek until April 15. The extended season is to allow anglers to harvest as many of the broodstock fish as possible. The last I heard steelhead were still showing up in the STEP trap, so there’s reason to believe fish are still around. Fishing with bobber/jig, bobber/eggs, pulling plugs or driftfishing are your best bets.
Springers On The Umpqua
Over the past few weeks there have been a lot of fishermen on the Umpqua fishing for springers. Recent catches have been better. April is traditionally the best month for the lower river. Algae will foul your gear later in the spring. Best fishing is from Scottsburg to Elkton. Many anglers pick a good slot where springers travel and anchor. Fish can be caught back-bouncing eggs, with Kwikfish wrapped with sardine or anchovy fillets or with anchovy spinners (Rogue River style). If you’re looking for your own travel lane to fish, here are some tips: look for water moving approximately “walking speed”. Not too fast and not too slow. You want your Kwikfish to be diving and working properly. Begin your search in tailout type water 6-10 feet deep. Often these slots will appear right next to the bank. If you don’t have a boat, plunking in these areas can be effective. Many of these spots are well know, so don’t be afraid to stop the car, walk down and ask what’s going on. Most folks are friendly and happy to answer some questions.
Other News
· Cleawox and Carter Lakes were stocked with rainbow trout on Monday. Cleawox, Carter and Woahink will be stocked on Apr. 13. Powerbait™ and nightcrawlers are effective. Feel free to contact me with any questions about how to catch these fish.
· The Florence STEP group invited a Todd Hannah, a Reedsport guide to discuss sturgeon fishing at their monthly meeting. People showed up in force. Todd shared his theory as to why sturgeon fishing has been later each year and generally poor: better ocean conditions. When ocean conditions were poor, many sturgeon were in the river looking for food. With improved ocean conditions, most fish are in the saltwater looking for a meal. Makes sense to me.
· Many, many concerned anglers have urged me to address the problems we have with fish-eating birds, specifically cormorants. If you have eyewitness accounts or pictures, please call or e-mail me. I want your story.
See you on the water,
Action Jackson
(Please send comments or questions to Action Jackson at 268-6944 or www.actionjacksonfishing.com)
Siuslaw Open To Steelhead Whittaker-Wildcat
The mainstem Siuslaw is still open for steelhead fishing from Whittaker Creek to Wildcat Creek until April 15. The extended season is to allow anglers to harvest as many of the broodstock fish as possible. The last I heard steelhead were still showing up in the STEP trap, so there’s reason to believe fish are still around. Fishing with bobber/jig, bobber/eggs, pulling plugs or driftfishing are your best bets.
Springers On The Umpqua
Over the past few weeks there have been a lot of fishermen on the Umpqua fishing for springers. Recent catches have been better. April is traditionally the best month for the lower river. Algae will foul your gear later in the spring. Best fishing is from Scottsburg to Elkton. Many anglers pick a good slot where springers travel and anchor. Fish can be caught back-bouncing eggs, with Kwikfish wrapped with sardine or anchovy fillets or with anchovy spinners (Rogue River style). If you’re looking for your own travel lane to fish, here are some tips: look for water moving approximately “walking speed”. Not too fast and not too slow. You want your Kwikfish to be diving and working properly. Begin your search in tailout type water 6-10 feet deep. Often these slots will appear right next to the bank. If you don’t have a boat, plunking in these areas can be effective. Many of these spots are well know, so don’t be afraid to stop the car, walk down and ask what’s going on. Most folks are friendly and happy to answer some questions.
Other News
· Cleawox and Carter Lakes were stocked with rainbow trout on Monday. Cleawox, Carter and Woahink will be stocked on Apr. 13. Powerbait™ and nightcrawlers are effective. Feel free to contact me with any questions about how to catch these fish.
· The Florence STEP group invited a Todd Hannah, a Reedsport guide to discuss sturgeon fishing at their monthly meeting. People showed up in force. Todd shared his theory as to why sturgeon fishing has been later each year and generally poor: better ocean conditions. When ocean conditions were poor, many sturgeon were in the river looking for food. With improved ocean conditions, most fish are in the saltwater looking for a meal. Makes sense to me.
· Many, many concerned anglers have urged me to address the problems we have with fish-eating birds, specifically cormorants. If you have eyewitness accounts or pictures, please call or e-mail me. I want your story.
See you on the water,
Action Jackson
(Please send comments or questions to Action Jackson at 268-6944 or www.actionjacksonfishing.com)
Wednesday, April 1, 2009
Oceanographers Experimenting For Colder Water
The importance of cold, nutrient-rich water on the Oregon Coast is well known: minerals kick-start a cycle that feeds all creatures including plankton, filter feeders and predatory fish. When normal upwelling patterns fail to develop, ocean productivity falls. In order to combat a lack of upwelling in recent years, a group of researchers is attempting to use technology to artificially cool ocean water and increase productivity.
How It’s Possible
Dr. Lirpa Sloof, a Nobel Prize-winning oceanographer from India, has been working on his ocean cooling technology for over 30 years in Norway, Peru, Iceland and most recently, Northern California. As a visiting professor at Humboldt State, Dr. Sloof has completed a fully operational ocean cooling facility in Trinidad Bay. The “Cold Shower”, as its known, is nearly the size of 4 football fields and works by spraying 100,000 gallons of water per hour through mesh bags filled with ice. The cooled water sinks, creating a “mini” upwelling event in Trinidad Bay. Dr. Sloof declined to say exactly how much ice is used daily, but admits that usage is “significant.”
Results Noteworthy
Dr. Sloof and his team has been able to cool the water .0001 degree Fahrenheit. While this may not sound significant, researchers believe it is. The slightest amount of cooling will theoretically lead to a “Domino” effect that leads to more and more cool water. The results have been so positive that Dr. Sloof has applied for federal economic stimulus funds to install a full-scale facility near Coos Bay. The cost of a full scale ocean cooling facility is estimated to be in the neighborhood of $200 million and could create as many as 4 new jobs. “Of course, we’ll need a lot more ice for such a facility,” said Dr. Sloof. In order to mitigate a lack of ice in Coos Bay, Dr. Sloof proposes to haul ice in on cargo ships from as far away as Alaska. If feasible, entire icebergs may be brought in from areas where local waters are already cold enough. Towing icebergs would have the additional benefit of cooling water all along the coasts of British Columbia, Washington and Oregon during the journey south.
Cold Shower For Florence?
Dr. Sloof is already looking ahead to establishing facilities like the Cold Shower in Florence, Newport, Garibaldi and Astoria. When natural upwelling patterns fail to materialize, Dr. Sloof can simply flip a switch and set into motion a colder ocean. Is this the future direction of ocean research? I don’t think so. April Fools.
See you on the water,
Action Jackson
(Please send comments or questions to Action Jackson at 268-6944 or www.actionjacksonfishing.com)
How It’s Possible
Dr. Lirpa Sloof, a Nobel Prize-winning oceanographer from India, has been working on his ocean cooling technology for over 30 years in Norway, Peru, Iceland and most recently, Northern California. As a visiting professor at Humboldt State, Dr. Sloof has completed a fully operational ocean cooling facility in Trinidad Bay. The “Cold Shower”, as its known, is nearly the size of 4 football fields and works by spraying 100,000 gallons of water per hour through mesh bags filled with ice. The cooled water sinks, creating a “mini” upwelling event in Trinidad Bay. Dr. Sloof declined to say exactly how much ice is used daily, but admits that usage is “significant.”
Results Noteworthy
Dr. Sloof and his team has been able to cool the water .0001 degree Fahrenheit. While this may not sound significant, researchers believe it is. The slightest amount of cooling will theoretically lead to a “Domino” effect that leads to more and more cool water. The results have been so positive that Dr. Sloof has applied for federal economic stimulus funds to install a full-scale facility near Coos Bay. The cost of a full scale ocean cooling facility is estimated to be in the neighborhood of $200 million and could create as many as 4 new jobs. “Of course, we’ll need a lot more ice for such a facility,” said Dr. Sloof. In order to mitigate a lack of ice in Coos Bay, Dr. Sloof proposes to haul ice in on cargo ships from as far away as Alaska. If feasible, entire icebergs may be brought in from areas where local waters are already cold enough. Towing icebergs would have the additional benefit of cooling water all along the coasts of British Columbia, Washington and Oregon during the journey south.
Cold Shower For Florence?
Dr. Sloof is already looking ahead to establishing facilities like the Cold Shower in Florence, Newport, Garibaldi and Astoria. When natural upwelling patterns fail to materialize, Dr. Sloof can simply flip a switch and set into motion a colder ocean. Is this the future direction of ocean research? I don’t think so. April Fools.
See you on the water,
Action Jackson
(Please send comments or questions to Action Jackson at 268-6944 or www.actionjacksonfishing.com)
Navigable Waterways Are Part Of Oregon’s History
I got an e-mail a few weeks ago asking about navigable waterways in Oregon and urging me to let readers know a little bit about the history of issues surrounding navigable waterways. After making a few calls and doing some research, here’s what I found out: navigability is a complicated issue. And it seems to boil down to folks who feel strongly about land ownership rights and those who feel streams and streambanks are in the public trust.
The Quick And Dirty History
At statehood, the federal government granted the state of Oregon all navigable waterways. A navigable waterway was one that could be used in commerce. This was still a pretty gray area. Some streams might only be used for commerce at certain times of the year. Are they considered navigable year round or just in the winter? And what about moving logs? Certainly a small stream could be used to move timber if splash-dammed. Does that mean even very small streams are navigable? The answer is probably not. The basic idea behind granting the streams to the state of Oregon was to make sure people were free to travel through areas and could not be stopped by private landowners. Navigability – like many other issues – isn’t absolute. If a deed was issued that pre-dated statehood, it supercedes state law. There are some cases where landowners were deeded the streambed. That wouldn’t affect your ability to float a river, but it may stop you from anchoring or traveling (or fishing) below the average high water mark. I don’t know of anyone that has researched how many of these types of deeds are out there, but it’s generally believed to be few.
What This Means To You
In 2005 the Attorney General of Oregon issued an opinion on public use and state ownership of waterways. Navigable was defined as “capacity, in terms of length, width and depth, to enable boats to make successful progress through its waters.” In addition to allowing use of waterways up to the line of ordinary high water for boating, the opinion means that the doctrine authorizes other water-dependent uses such as swimming, fishing on foot, hunting from a boat and other similar activities requiring the use of the water. It is also important to note that state ownership includes the streambank to the mean high water mark. This can be determined by the presence of upland vegetation. The Department of State Lands press release can be viewed online at
http://www.oregon.gov/DSL/news/pr0531_ag_nav.shtml and the full opinion can be viewed online at www.doj.state.or.us/agoffice/agopinions/op8281.pdf.
Not all navigable waterways in Oregon have been declared as such. You can still get a ticket for trespassing, but it is unlikely to stand up in court. At least this is what I have been told. The hassle of the whole deal is that you’ll have to appear in court and defend yourself. One last final thought: I’d have to think many conflicts could be avoided by treading lightly, leaving a streambank cleaner than you find it, and practicing some common courtesy.
As always, I welcome your opinions on this and other issues.
See you on the water,
Action Jackson
(Please send comments or questions to Action Jackson at 268-6944 or www.actionjacksonfishing.com)
The Quick And Dirty History
At statehood, the federal government granted the state of Oregon all navigable waterways. A navigable waterway was one that could be used in commerce. This was still a pretty gray area. Some streams might only be used for commerce at certain times of the year. Are they considered navigable year round or just in the winter? And what about moving logs? Certainly a small stream could be used to move timber if splash-dammed. Does that mean even very small streams are navigable? The answer is probably not. The basic idea behind granting the streams to the state of Oregon was to make sure people were free to travel through areas and could not be stopped by private landowners. Navigability – like many other issues – isn’t absolute. If a deed was issued that pre-dated statehood, it supercedes state law. There are some cases where landowners were deeded the streambed. That wouldn’t affect your ability to float a river, but it may stop you from anchoring or traveling (or fishing) below the average high water mark. I don’t know of anyone that has researched how many of these types of deeds are out there, but it’s generally believed to be few.
What This Means To You
In 2005 the Attorney General of Oregon issued an opinion on public use and state ownership of waterways. Navigable was defined as “capacity, in terms of length, width and depth, to enable boats to make successful progress through its waters.” In addition to allowing use of waterways up to the line of ordinary high water for boating, the opinion means that the doctrine authorizes other water-dependent uses such as swimming, fishing on foot, hunting from a boat and other similar activities requiring the use of the water. It is also important to note that state ownership includes the streambank to the mean high water mark. This can be determined by the presence of upland vegetation. The Department of State Lands press release can be viewed online at
http://www.oregon.gov/DSL/news/pr0531_ag_nav.shtml and the full opinion can be viewed online at www.doj.state.or.us/agoffice/agopinions/op8281.pdf.
Not all navigable waterways in Oregon have been declared as such. You can still get a ticket for trespassing, but it is unlikely to stand up in court. At least this is what I have been told. The hassle of the whole deal is that you’ll have to appear in court and defend yourself. One last final thought: I’d have to think many conflicts could be avoided by treading lightly, leaving a streambank cleaner than you find it, and practicing some common courtesy.
As always, I welcome your opinions on this and other issues.
See you on the water,
Action Jackson
(Please send comments or questions to Action Jackson at 268-6944 or www.actionjacksonfishing.com)
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