[wiredantz]

they said:

That California
Constitution does indeed guarantee the right of citizens to
fish in waters located upon public lands.


"The people
shall have the right to fish upon and from the public lands
of the State and in the waters thereof"

If you read the section
thoroughly however, you will see that this section of the
Constitution also recognizes the authority of the
Legislature to impose seasons, limits and other regulations
pertaining to fishing.

“….the
legislature may by statute, provide for the season when and
the conditions under which the different species of
fish
may be
taken”

The fact that you have
to buy a fishing license, and abide by the seasons and bag
limit laws, does not take away your right to fish.

Thanks for asking.


Liz Orme
CA
Department of Fish & Wildlife
Law
Enforcement Division
(916)
717-9064





My reply was:

Thank you for your prompt reply,


I recently sent a letter and a fax to the Los Alamitos Office requesting a free license for 2017 because i believed the state was infringing in my right to fish for free.


You explained that you are using the word "Condition" as the legal statute to License Fishing.





The way "condition" is written is not legalese:

So the argument is that:

A license is a condition, but it is not one that has any connection to any specific species of fish to be taken. This language is very specific and refers to such things as tackle, bait, chumming, lures, etc. A fishing license has nothing to do with any such condition and it is not therefor not an included condition. If you disagree, please tell me one specific fish species that will more likely be induced to take my bait or lure depending upon whether or not I have a fishing license in my possession.


Please help us in this matter so to avoid confusion...

I would like to be referred to a or any supreme court case that has addressed this matter. As there is a debate within the CA fishing community of 3000 people of this very subject. We do not want them to get cited, so we are seeking lawful clarification.



Thanks,