Fishing Access to Private Land

July 31, 2008

Question: Is fishing permitted on any private property with a creek, stream or river? I’ve been told that if the person fishing remains in the water (doesn’t go on the bank) that fishing is permitted even if the creek is in the middle of miles of private property. If this is correct, how would this law affect California private fishing resorts that state, guests only with no exceptions? Thanks for your help. (Peter G.)

Answer: According to Capt. Mark Lucero, in most cases anglers would not be permitted to fish streams that flow through privately owned land. However, an individual can legally access those waters if those waters are listed as “navigable” (defined and specified in the Harbors & Navigation Code [Sections 100-107]) and as long as the individual enters the water by a legal access, and then continues to navigate without having to come ashore or drag their vessel across land.

In other words, an individual can navigate a waterway via a flotation device, but once they step off the flotation device within private property, they may be subject to trespass covered under Penal Code 602. On waters listed within the Harbors & Navigation Code sections above as being “public navigation waters,” using a floating “boat” of some kind is permitted. There is no provision in that Code for any other access by foot or coming ashore, and there is no California Code which states that fishing is permitted on any private property with a creek, stream or river.

The California Constitution (Article 1 Declaration of Rights Section 25) does state that people shall have the right to fish upon and from the public lands of the state and in the waters thereof. Exceptions to this rule are lands set aside for fish hatcheries and state-listed preserves established by the Fish and Game Commission.