Thread: CDFG
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Old 09-01-2016, 07:03 PM   #68
wiredantz
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response from CDFW

And I quote:Hello Mr. Gonzalez:

First, Article I, Section 25 of the California Constitution primarily applies to public access to land owned by the State. Second, Article I, Section 25 is specifically conditioned on the legislature’s authority to provide by statute “for the season when and the conditions under which the different species of fish may be taken.” The Legislature did establish by statute the conditions under which fish may be taken in Fish and Game Code Section 7145, which requires a license. The problems Article I, Section 25 was intended to address when it was added to the California Constitution by the voters in 1910 are explained in In Re Quinn (1973) 35 Cal.App.3d 473, 485, which also explains that this constitutional provision does not apply to all state lands. The government’s authority to exercise its police power to regulate fishing was confirmed shortly after 1910 in Paladini v. Superior Court (1918) 178 Cal. 369, 372-373 and In re Parra (1914) 24 Cal.App. 339.

The notion that the California Constitution includes a right to unregulated fishing has been consistently rejected in court decisions upholding statutory and regulatory requirements to possess a valid license to fish in California and to comply with seasons, bag limits, methods of take, and other legal requirements.

The Department appreciates your interest in fishing, and encourages you to take advantage of lawful sport fishing opportunities in the State.



End of quote

OK I think we good a good answer from the CDFW.


I need to go read all the Supreme Court cases mentioned in this case. This will keep me busy for a bit as I need to go to the library and read the verified sources instead of the Internet mumbo junbo.


I even ordered the black law definition book, to verify the actual defintions.
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