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#1 | |
Fishing Patriot
Join Date: Dec 2013
Posts: 1,121
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Quote:
Sent from my SM-G935V using Tapatalk
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#2 |
Currently @ MLO Territory
Join Date: Dec 2010
Location: Under the Shadow
Posts: 2,290
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Good NEWS CDFW Responded:
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,
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