Fishing is a right? or not?

If you look at the California Constitution Article 1 Section 25 it says fishing is a right, which means they can't charge for a license cause it's a right....right? Hmmm....who do I call?

CALIFORNIA CONSTITUTION
ARTICLE 1  DECLARATION OF RIGHTS


Section 25.  The people shall have the right to fish upon and from
the public lands of the State and in the waters thereof, excepting
upon lands set aside for fish hatcheries, and no land owned by the
State shall ever be sold or transferred without reserving in the
people the absolute right to fish thereupon; and no law shall ever be
passed making it a crime for the people to enter upon the public
lands within this State for the purpose of fishing in any water
containing fish that have been planted therein by the State;
provided, that the legislature may by statute, provide for the season
when and the conditions under which the different species of fish
may be taken.

This has been looked at, and look for it to be utilized in court when the dust settles.

Maybe we should join the Fishing Rights Alliance (FRA)

http://www.thefra.org/joinfra.htm

 

 I'm no lawyer,  but good luck telling any F&G warden that if your caught without a fishing license while out fishing.

That's gem right there! Nice find.

Z

We have a constitutional right to bear arms, but that doesn't stop CA from charging us for background checks and doing lots of other things to curtail that right.

I highlighted the part I really like!

CALIFORNIA CONSTITUTION
ARTICLE 1  DECLARATION OF RIGHTS


Section 25.  The people shall have the right to fish upon and from
the public lands of the State and in the waters thereof, excepting
upon lands set aside for fish hatcheries, and no land owned by the
State shall ever be sold or transferred without reserving in the
people the absolute right to fish thereupon; and no law shall ever be
passed making it a crime for the people to enter upon the public
lands within this State for the purpose of fishing in any water
containing fish that have been planted therein by the State;
provided, that the legislature may by statute, provide for the season
when and the conditions under which the different species of fish
may be taken.

I know Ive seen hatchery salmon in Horseshoe preserve.

Sent to our local Congressman Sam Farr. Waiting for a response

It seems like they made a point to provide access to waters in which the state has planted fish (because it was done w/taxpayer money, right?). But they don't necessarily plant the ocean. So I'm not sure if this provision will impact the MLPA, but I hope it does! Not even sure if that's where you're going with it. But that's what jumped out at me; the potential impact this could have on the MLPA. Free licenses w/b good too, but I already got a lifetime permit.

I'm sure the pro-MPA crowd would highlight the last section stating "...that the legislature may by statute, provide for the season
when and the conditions under which the different species of fish may be taken."

I like how it references fishing as an "absolute right"... that's a strong term.  Seems that denying people the right to fish in vast expanses of state waters could be viewed as contrary to Article 1 if viewed through the right lens. 

It'll be interesting to see if this is ever tried in court. 

Thanks for the Education Mahi...

I highlighted the part I really like!

CALIFORNIA CONSTITUTION
ARTICLE 1  DECLARATION OF RIGHTS


Section 25.  The people shall have the right to fish upon and from
the public lands of the State and in the waters thereof, excepting
upon lands set aside for fish hatcheries, and no land owned by the
State shall ever be sold or transferred without reserving in the
people the absolute right to fish thereupon; and no law shall ever be
passed making it a crime for the people to enter upon the public
lands within this State for the purpose of fishing in any water
containing fish that have been planted therein by the State;
provided, that the legislature may by statute, provide for the season
when and the conditions under which the different species of fish
may be taken.

So technically it is illegal for State Parks to close access to Limekiln because white seabass have been planted in the Pacific and show up off Big Sur. Cool. 

Thanx Mahi!!!!
They cant close any of the SF Bay or delta, cause ALL the stripers are planted. 
I believe the definition of "license" from Blacks Law is something like: 'Permission to do something otherwise illegal'. That one really gets my goat.
Awhile ago I saw a DFG officer ask a guy on the Berk Pier if he had a licence. Why I dont know, you dont need one. The guy obviously felt that this was harassment and a heated debate ensued. I thought he was gonna get arrested because of his agressive nature, and I know the Officer involved  and hes hardcore. This very bit of the constitution was a centre point of the fishermans arguement....even if I wasnt fishing from a public pier................

The new battle cry....

"They'll only take away my Ugly Stick when the pry it from my cold, dead hands..."

Walking along the Esplanade onthe Hudson River this afternoon.  I'm sure Lady Liberty smiled seeing Americans exercise their absolute right to enjoy and harvest the local bounty.  What a great scene.