Defining Public Waters From Private

May 21, 2009

Question: I live right on the river and can fish from my backyard off my private dock. Do I need a fishing license? I heard if it is private property you do not need a license. (Eric)

Answer: No, because it’s not a matter of where you’re standing, it’s a matter of the waters you’re fishing in. All rivers of the state are public waters, and all fish contained in those waters are public fish. Even if a stream or river runs through private property, all of the fish within those waters belong to the people of California and thus a fishing license is required. The only places where you would not need a fishing license would be if you were fishing in a pond on private property that has no stream or creek water flowing into it or out of it. The water must be completely self-contained so that no fish from outside of the property can swim into it or swim out of it. The only other place where you can fish without a fishing license is on a public pier in the ocean.