Launching legality question

I am trying to get a definite answer on this because I have been getting answers from both sides. Is it legal to launch a kayak from any lake access areas along roads, etc? Like some of my main prime fishing spots, say like, where you can walk down to the water from the road at Don Pedro, or the free access by the dam at Woodward Reservoir? If anyone can shed some light on this it would be great! I want to be legal!

Jeff

I am trying to get a definite answer on this because I have been getting answers from both sides. Is it legal to launch a kayak from any lake access areas along roads, etc? Like some of my main prime fishing spots, say like, where you can walk down to the water from the road at Don Pedro, or the free access by the dam at Woodward Reservoir? If anyone can shed some light on this it would be great! I want to be legal!Jeff

Unless they issue you a permit that you have to carry with you while you are on the water how would they know where you launched from???
And when you say you want to be "legal"; who are you talking about being legal with???
I used to do it at Sly Park until they put a friggin' fence at the dam and never had a problem.
They charge launch fees for using the launch. You aren't using the launch.
I say go for it.
Always have to ask yourself who is going to issue you a fine and how much will it be?
Well...who is going to issue you a fine???
How much will it be???
I think you will be OK.

I'm with Tote- you're fine.

the only one i have been able to definitively figure out is that you can get a trespassing fine if you're crossing private land or a parking ticket if you're parked illegally-- probably doesn't apply to most potential lake launches. As long as the lake is "watercraft" and "body contact" ok (marin lakes don't) and you are not parking illegally then you're fine- that's the beauty of a kayak!

We've got our lovely "mean high tide" rule (public land below that line) for bay/ocean -- BUT some of the plots in the bay extend out into (or are totally in) the mud flats, and are exempt from that law somehow. There are a couple of prime launches in the bay that are effected by this and the uppity landowners....

Jeff, I think the others are correct; the only thing you really need to worry about is possible trespassing if it's on private property and the parking thing. Both should be posted. In some areas you might need to consider whether you're stomping over protected plants or causing erosion. Usually, it's unlikely you'd be doing any more damage than the shore anglers (or shore partyers as the case may be) have already done.

Steve, could you point us to the mean high tide rule? I've heard of it but don't know the details. Thanks

-aaron

I'm no expert, but there are interpretations and laws that are based on or for enforcement of Article X (especially Section 4) of the California Constitution- the most important being the California Coastal Act (1976) - here's the pertinent text of Article X...:
" No individual, partnership, or corporation claiming or possessing the frontage or tidal lands
of a harbor, bay, inlet, estuary, or other navigable water in this state shall be permitted to
exclude the right of way to such water whenever it is required for any public purpose and
the Legislature shall enact such law as will give the most liberal construction to this
provision so that access to the navigable waters of this state shall always be attainable for
the people thereof."

The "public land is always below the mean high tide line" rule i think comes from an interpretation of "water" and "navigable water."

A doc on coastal access:
http://www.coastal.ca.gov/access/accesspl.pdf

and the act itself:
http://www.coastal.ca.gov/ccatc.html

I'm no expert, but there are interpretations and laws that are based on or for enforcement of Article X (especially Section 4) of the California Constitution- the most important being the California Coastal Act (1976) - here's the pertinent text of Article X...:
" No individual, partnership, or corporation claiming or possessing the frontage or tidal lands
of a harbor, bay, inlet, estuary, or other navigable water in this state shall be permitted to
exclude the right of way to such water whenever it is required for any public purpose and
the Legislature shall enact such law as will give the most liberal construction to this
provision so that access to the navigable waters of this state shall always be attainable for
the people thereof."

The "public land is always below the mean high tide line" rule i think comes from an interpretation of "water" and "navigable water."

A doc on coastal access:
http://www.coastal.ca.gov/access/accesspl.pdf

and the act itself:
http://www.coastal.ca.gov/ccatc.html

Ah, interesting, to say the least.
Thanks

I used to do it at Sly Park until they put a friggin' fence at the dam and never had a problem.
They charge launch fees for using the launch. You aren't using the launch.

That fence sucks, and I'm betting that another fence will be put up next year...