Jig Trailer

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jumpinjim
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Re: Jig Trailer

Post by jumpinjim » Fri Nov 14, 2014 7:57 am

Bodofish wrote:
jumpinjim wrote:I tie Trailer hooks on mine all the time. Get some Senyo wire loop it through the head before you pour the jig, fasten it to the shank and bam you are ready to rock and roll.

The regs clearly say that you can do this if you are trolling from a boat or floating device and since I mostly snap jigs from my driftboat I figured I am good to go. I got a ticket for this the other day but the judge threw it out because I convinced him that I was trolling.
I think you're lucky the judge didn't have a copy of the regs or understand fishing technique and there were no wdfw folks in attendance. Casting a jig is a bit of a stretch to describe as trolling.
Although trolling is defined as:
"Trolling: Fishing from a vessel that is underway and under power"
It's generally acknowledged as dragging some sort of lure behind the boat or floating device, not repeatedly casting from the vessel. Especially one that's drifting.

As I read it, no jig will ever fall into the anti snagging category as the weight is on the hook, not a minimum of 12" up the line.

Anti-Snagging Rule Except when fishing with
a buoyant lure (with no weights added to the
line or lure), or trolling from a vessel or floating
device, terminal fishing gear is restricted to a
lure or bait with one single-point hook.
Hooks
must measure ¾" or less from point to shank,
and must be attached to or below the lure or
bait. Weights may not be attached below or less
than 12" above the lure or bait.


None the less, great job on getting it tossed out! Always a good victory to not be rubber stamped.
The real question is what is the definition of Trolling? And clearly it is too vague. The WDFW could easily change it and make it easier to understand or interpret but since they don't the Judge is going to side with me.

I could post a photo of the Jig I was using to prove it but I am going to take it back out and do a bit more trolling!!!!

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Bodofish
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Re: Jig Trailer

Post by Bodofish » Fri Nov 14, 2014 1:25 pm

Devil is in the details. In the definition of trolling it does not have an "or" in it, it has an "and". To be trolling you have to be underway and under power. The quote/clip I pasted is straight from the regs booklet. So I would venture a guess, you were one without the other in a drift boat. the other sticking point is the placement of the weight. With a jig, it's right on the hook, not a minimum of 12" up the line. I think you got very lucky. My hat is off for pulling it off in court. They usually say the officer is a paid professional and the officer said you were out side the law. I'll side with the officer.
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jumpinjim
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Re: Jig Trailer

Post by jumpinjim » Fri Nov 14, 2014 2:12 pm

The judge agreed that Maritime Law defines the following very clearly.

Under Power does not require the use of a Motor. Power can be produced by wind/sail, by paddle, oar, propeller, jet etc ... Underpower is most commonly used to define laws around Lighting Combinations and various rules at sea. Under power does not require movement under any circumstance. Having a sail out, with no movement, waiting for wind, still is shown to be "under power" by the USCG and requires "under power" lighting and "under power" rules to apply. The same is true for kayaks at sea. I paddle stroke in the water is not required, nor is movement. The paddle is present therefore the vessel is under power.

Underway is simple defined as not anchored, not aground and not docked or fastened to a dock.

Because I don't drop anchor to Jig, and I am always under power with someone at the Oars, and have line in the water I am legally trolling. It is quite unfortunate that the WDFW doesn't sit down with more folks to write these laws because by golly you can pretty much get around everything with the right research. The days of simply following the law based on what we knew it was written to convey, well that is long gone. I of course do understand that you don't agree with me and that probably any warden or other fisherman might disagree but none of that matters. If the judge makes his ruling, well that just makes me right.

Any of you Boys wanna go Trolling with me? I got some nice fresh Jigs tied and I'm ready for the Nibble!

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strider43
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Re: Jig Trailer

Post by strider43 » Fri Nov 14, 2014 2:36 pm

jumpinjim wrote:The judge agreed that Maritime Law defines the following very clearly.

Under Power does not require the use of a Motor. Power can be produced by wind/sail, by paddle, oar, propeller, jet etc ... Underpower is most commonly used to define laws around Lighting Combinations and various rules at sea. Under power does not require movement under any circumstance. Having a sail out, with no movement, waiting for wind, still is shown to be "under power" by the USCG and requires "under power" lighting and "under power" rules to apply. The same is true for kayaks at sea. I paddle stroke in the water is not required, nor is movement. The paddle is present therefore the vessel is under power.

Underway is simple defined as not anchored, not aground and not docked or fastened to a dock.

Because I don't drop anchor to Jig, and I am always under power with someone at the Oars, and have line in the water I am legally trolling. It is quite unfortunate that the WDFW doesn't sit down with more folks to write these laws because by golly you can pretty much get around everything with the right research. The days of simply following the law based on what we knew it was written to convey, well that is long gone. I of course do understand that you don't agree with me and that probably any warden or other fisherman might disagree but none of that matters. If the judge makes his ruling, well that just makes me right.

Any of you Boys wanna go Trolling with me? I got some nice fresh Jigs tied and I'm ready for the Nibble!
what area are you fishing?

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jumpinjim
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Re: Jig Trailer

Post by jumpinjim » Fri Nov 14, 2014 2:39 pm

Mainly stick to Western Washington but I get over to the east side in late winter/spring and have gone down to Oregon and up to Canada before.

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Brat Bonker
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Re: Jig Trailer

Post by Brat Bonker » Fri Nov 14, 2014 4:29 pm

wouldn't a jig be considered a lure though since under the regulations a lure is defined as : A manufactured article, complete with hooks, constructed of feathers, hair, fiber, wood,...ect and a jig is constructed of feathers that is manufactured with a weight on its hook. why do you think we are allowed to twitch jigs at areas like the Cowlitz/barrier dam, Skokomish, Skagit, cascade...ect which all have anti-snagging rules

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spoonman
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Re: Jig Trailer

Post by spoonman » Fri Nov 14, 2014 4:56 pm

You have to conclude that a jig is a lure. Otherwise the wardens would clean hhouse every humpy year with all the guys throwing buzz bombs.

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Bodofish
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Re: Jig Trailer

Post by Bodofish » Fri Nov 14, 2014 5:21 pm

jumpinjim wrote:The judge agreed that Maritime Law defines the following very clearly.

Under Power does not require the use of a Motor. Power can be produced by wind/sail, by paddle, oar, propeller, jet etc ... Underpower is most commonly used to define laws around Lighting Combinations and various rules at sea. Under power does not require movement under any circumstance. Having a sail out, with no movement, waiting for wind, still is shown to be "under power" by the USCG and requires "under power" lighting and "under power" rules to apply. The same is true for kayaks at sea. I paddle stroke in the water is not required, nor is movement. The paddle is present therefore the vessel is under power.

Underway is simple defined as not anchored, not aground and not docked or fastened to a dock.

Because I don't drop anchor to Jig, and I am always under power with someone at the Oars, and have line in the water I am legally trolling. It is quite unfortunate that the WDFW doesn't sit down with more folks to write these laws because by golly you can pretty much get around everything with the right research. The days of simply following the law based on what we knew it was written to convey, well that is long gone. I of course do understand that you don't agree with me and that probably any warden or other fisherman might disagree but none of that matters. If the judge makes his ruling, well that just makes me right.

Any of you Boys wanna go Trolling with me? I got some nice fresh Jigs tied and I'm ready for the Nibble!
Except that under power is very clearly defined in maritime law. The only thing it means is being pushed by and engine or motor. Not oars, not sails, not drifting. Under way could be any of them but not under power. It's one of the ways that right of way is defined so it's not open for interpretation. If a sailboat or row/drift was under sail or oar and is crossing paths with a power vessel, no one would have a clear right of way. Yet they do, because being under power only means one thing, being pushed or pulled by an engine or motor.
Regardless of trolling, your weight is still on the hook and not a minimum of 12" up your line, which would make it OK to be trolling.

I'm curious, what judge was it that let you off the hook? Or at least what court?
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jumpinjim
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Re: Jig Trailer

Post by jumpinjim » Fri Nov 14, 2014 6:40 pm

Bodo, I may be wrong but there is a difference between a Powered Vessel and a Vessel Under Power. I am sure Mike could help clear things up with a bit of his legal eagle skillz.

As far as the regs.

Anti-Snagging Rule Except when fishing with
a buoyant lure (with no weights added to the
line or lure), or trolling from a vessel or floating
device,

If the above is true the below does not apply. That is simples

terminal fishing gear is restricted to a
lure or bait with one single-point hook. Hooks
must measure ¾" or less from point to shank,
and must be attached to or below the lure or
bait. Weights may not be attached below or less
than 12" above the lure or bait.

Simples, Bodo it's time to go trolling!!!! :cheers:

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Bodofish
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Re: Jig Trailer

Post by Bodofish » Fri Nov 14, 2014 9:18 pm

Trolling is about right. No judges name and it never happened.
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Mike Carey
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Re: Jig Trailer

Post by Mike Carey » Fri Nov 14, 2014 9:19 pm

Not troll.
Image

"Takers get the honey, Givers sing the blues".

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Bodofish
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Re: Jig Trailer

Post by Bodofish » Sat Nov 15, 2014 6:23 am

Trolling being done here. Not the river. Hook line and sinker for me. ](*,)
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Seattlè Pat
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Re: Jig Trailer

Post by Seattlè Pat » Sat Nov 15, 2014 8:00 pm

Jim I sent you a message about getting in your boat. Let me know if it would work out on a close run like the Sky or Snohomish. I can't break free for long trips but I have a family member that would kick down some $$ for gas along with myself to make it work your while. I hope it doesn't affect my ability to board thine vessel but we'll have to discuss your view on this topic because I politely disagree with the intent in your approach here. I am hoping that a nice float and fishing over beverages (of your choice) will give us a chance to iron out the wrinkles in our views.
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