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I was told by a public official that I'm legally allowed to cross a closed beach to engage in fishing activities. Basically the beach closes at 10pm and I want to cross it at 12:01 for lobster season. I asked the DFG and they said to contact local authorites, which I did and was told it was a state law. Does anyone know if this is true and what code it's under?
It has always been California law, it is in the state constitution that you can not be denied access to all public water ways. That being said they can close the parking and cite you for that, but if you are legal in all other ways they can't stop you from accessing the water and that includes rivers and water ways. With 9-11 stuff be prepared to be challenged if you are near any structures such as piers or bridges. And have your fishing Lic. ready and on you! All beaches are public places and accesses can't be restricted from the median high tide line down!
Thanks one last question. I'll park out of the parking lot which closes at ten but can I cross through it inorder to cross into the water?
Yes! Public accesses, just can't loiter in a closed area above the Mean High Tide Line! Any service road, trail, path, and other accesses is always open to the public. With Trespassing laws in California the signs must be posted 5 per quarter mile and you must be asked to comply and refuse before trespass can be enforced or a Ticket issued!
Never mind found it: Article I section 25
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.
Dude your a Huntington Beach Life guard and they haven't given you the trespass lecture? It used to be part of the training to inform the guards of the applicable laws that YOU might have to deal with. What happened city getting too cheap? :confused:
just seasonal so I wouldn't ever have to enforce this:) But I always knew the rule just didn't know where it came from. I thought it was a DFG code. Thanks again for pointing me in the right direction.