Just double checking...

[Justl1keRaven]

There is no such beach in California that is considered "private" right? Everything is considered public unless it's a sidewalk, driveway, or an actual property?

[victor101]

Public from the mean high tide down...

[Justl1keRaven]

Okay, thats what I thought. Thanks. So when you're in that location and they threaten to call the police... You can just say, go ahead and stop bothering me, haha.

[calico killer kevin]

Unless it's marked "private", you're good to go. MLPA's will soon be in place so stay updated. In "marine reserves" such as Crystal Cove, artificials and only artificials are allowed. No harvesting.

[jerryG]

Presently all beaches are public. No beaches are private except for those on land used for military bases. As long as you are with in the mean of the tide (you remain at the waters edge) you’re fine. If someone tries to tell you the beach is private and they threatened to call the police. Tell them to call the police. If they continue to harass you then you can call the police on them. However this may soon change when the new marine reserves go in to effect.

According to the MLPA no one shall disturb or harm any marine life or habitat in any way with in a marine reserve. This is why the beach residents in Laguna got behind the MLPA imitative and petitioned the DFG to consider designating all the beaches with in the city of Laguna a Marine Life Reserve. Once a beach becomes a reserve if there are homes on the beach the owner’s lands extend to the mean of high tide which would effectively privatized their beach according the laws specified with in the MLPA.

For example lets say I am taking a walk (not fishing) on the beach with in a reserve. The beach is lined with houses. So a home owner could call the police to report me and when the police arrive the conversation could go something like this.

Police- Hey you get over here now.
Me- Yes officer is there a problem I was well within in the mean of the tide. I wouldn’t want to trespass on anyone property. I was being very careful not to disturb any of the residents.
Police- Do you know realize this is a reserve.
Me- Well yes officer I do.
Police-Then you should know that by walking on the wet sand you are destroying sand crab habitat which violates federal law provided by the Marine Life Protection Act.
Me- Please officer if you let me go I promise to go back to the inland valley I crawled out of and vow never to return your pristine beach.
Police- Don’t let me ever catch you out here again….

DONE.. If the public only knew all the freedoms they are about to loose…

Also actually once an area is established as a marine reserve it will be off limits to fishing. Marine conservation areas will allow some forms of fishing however specific regulations apply and should be posted.

JerryG

[sansou]

Presently all beaches are public. No beaches are private except for those on land used for military bases. As long as you are with in the mean of the tide (you remain at the waters edge) you’re fine. If someone tries to tell you the beach is private and they threatened to call the police. Tell them to call the police. If they continue to harass you then you can call the police on them. However this may soon change when the new marine reserves go in to effect.

According to the MLPA no one shall disturb or harm any marine life or habitat in any way with in a marine reserve. This is why the beach residents in Laguna got behind the MLPA imitative and petitioned the DFG to consider designating all the beaches with in the city of Laguna a Marine Life Reserve. Once a beach becomes a reserve if there are homes on the beach the owner’s lands extend to the mean of high tide which would effectively privatized their beach according the laws specified with in the MLPA.

For example lets say I am taking a walk (not fishing) on the beach with in a reserve. The beach is lined with houses. So a home owner could call the police to report me and when the police arrive the conversation could go something like this.

Police- Hey you get over here now.
Me- Yes officer is there a problem I was well within in the mean of the tide. I wouldn’t want to trespass on anyone property. I was being very careful not to disturb any of the residents.
Police- Do you know realize this is a reserve.
Me- Well yes officer I do.
Police-Then you should know that by walking on the wet sand you are destroying sand crab habitat which violates federal law provided by the Marine Life Protection Act.
Me- Please officer if you let me go I promise to go back to the inland valley I crawled out of and vow never to return your pristine beach.
Police- Don’t let me ever catch you out here again….

DONE.. If the public only knew all the freedoms they are about to loose…

Also actually once an area is established as a marine reserve it will be off limits to fishing. Marine conservation areas will allow some forms of fishing however specific regulations apply and should be posted.

JerryG

You sure about this?

Because if in fact you are correct, then by the same token, the homeowner wouldn't be able to use the beach either (step on it, swim in it, or fish it). In effect, the MLPA regulation becomes a classic 5th Amd "taking".

Taking it one step further: If in fact what you claim is true, then it stands that the government would have to compensate a significant swath of coastal homeowners (eminent domain powers). Given the state's current fiscal malaise, I am doubtful the MLPA would be implemented if this were the case, in addition to the fact that it would be novel for the state to do so in a scenario such as this.

Not trying to pick a bone with you, for this reason I have a hard time believing your interpretation of the MLPA wording in so far as it concerns public access along coastal property. On the other hand, if you are in fact correct, then you have single handedly found a way to succesfully fight off the MLPA !!

[deanhall32]

Jeez counselor Sansou!! Do you have to use such big words???

[sansou]

Jeez counselor Sansou!! Do you have to use such big words???

Don't you have a kid to send to the principal's office or something?

[deanhall32]

Just waiting for jerryG's rebuttal.

[sansou]

Just waiting for jerryG's rebuttal.

I know there's a crib sheet to be found or note being passed around class while your surfing the net for fish pron!
:ROFL:

[jerryG]

You sure about this?

Because if in fact you are correct, then by the same token, the homeowner wouldn't be able to use the beach either (step on it, swim in it, or fish it). In effect, the MLPA regulation becomes a classic 5th Amd "taking".

Taking it one step further: If in fact what you claim is true, then it stands that the government would have to compensate a significant swath of coastal homeowners (eminent domain powers). Given the state's current fiscal malaise, I am doubtful the MLPA would be implemented if this were the case, in addition to the fact that it would be novel for the state to do so in a scenario such as this.

Not trying to pick a bone with you, for this reason I have a hard time believing your interpretation of the MLPA wording in so far as it concerns public access along coastal property. On the other hand, if you are in fact correct, then you have single handedly found a way to succesfully fight off the MLPA !!


Sansou,

Have no worries about picking bones with me we are on the same team. I encourage you (EVERYONE) to check out the link at the bottom. It will provide a preview of what we will have to look forward too. I hope the information I have to share will help raise enlightenment and awareness in others. All conclusions I provide are based on the results of my own research in addition to the observations of the events which have taken place through out this process.

The MLPA states the following:

(d) "Marine life reserve," for the purposes of this chapter, means a marine protected area in which all extractive activities, including the taking of marine species, and, at the discretion of the commission and within the authority of the commission, other ACTIVITIES THAT UPSET THE NATURAL ECOLOGICAL FUNCTIONS OF THE AREA, ARE PROHIBITED. While, TO THE EXTENT FEASIBLE, the area shall be OPEN TO THE PUBLIC FOR MANAGED ENJOYMENT AND STUDY, the area shall be maintained to the extent practicable in an Undisturbed and unpolluted state".

Considerations

-On the water or off the water I am very respectful of both private and public property regardless over the years I have had several disputes with property owners trying to convince me that I was trespassing on their private beach and that I needed to leave immediately. Of course I continued to fish because it was my right. It goes with out saying that many of the people who own beach front properties would like nothing more than to privatize the beaches behind their homes. The Marine Life Protection Act is the opportunity that allows them to do so with out any public scrutiny or awareness.

- I’m well aware of the Coastal Act which made all beaches public however the Marine Life Protection Act manages to side step the Coastal Act by keeping Marine Reserves Open to the public for MANAGED enjoyment and study. This raises many questions such as who exactly is in charge of determining to what extent is feasible for public use with in a marine reserve area? Specifically what limitations does the term MANAGED imply? The door is left wide open to interpretation. So let’s consider a few possible scenarios.

-Scenerio1- What if the state was broke and could not come up with the money to provide the resources to manage these areas. In an effort to protect these areas they would likely be closed. Basically these areas would remain closed (Private) until funding becomes available however the property owners would still be able to enjoy the beach right up the to their property line at the mean of the tide and if they decide to go for swim I’m sure their neighbors won’t mind. If any uninvited people (public AKA Outsiders) come along the property owner can inform them that they need to leave because this a reserve and it’s closed to the public. If they don’t leave the property owner could call local authorities who I’m sure would more than willing to help out a resident of the community who makes a sizable contribution each year to their department.

-Scenario 2- What if the state where broke and could not afford to appoint a commission to manage reserve areas but out of the kindness of their hearts The City OF Laguna Beach offered to manage the beaches with in their city. Sure why not, several of the city council members live on beach front properties and I’m willing to bet they would be very supportive of such an initiative. I bet the beach front property owners might even be willing to chip in a few bucks to provide some management (security) for their beach as well. This would allow them to have control of our (their) beaches. I suppose they would need to provide some form of managed public access. Perhaps they could provide the public with a fully guided nature walk which takes place during the morning hours on the first Sunday of each month. Of course restrictions apply the event would be available by reservation only. They could charge people for the event to cover the cost of the tour guide (baby sitter). Sure this scenario was a bit exaggerated under the new guidelines it could open the door for something like this to happen.

-Scenerio3- The state funds to the commission to manage the reserves and the owners respond by making donations to the Governator, and or the management commission. Miraculously their reserve area receives rules and guidelines which are most favorable to the rich home owners.

I realize these interpretations may seem far fetched however but if you follow the link below to read the posts from people in Northern cal you will see that these are some of the issues they are dealing with as result of the MLPA. The commitee in charge of the MLPA process has shown little consideration over the concerns expressed by the public. Let the truth be known here people they could care less about sport fisherman and the rest of the public.

I encourage everyone to take a look at some of the comments made by Anglers in Northern Cal were the closures have been in effect for the a couple years. They complain about the beaches becoming basically private how the closures are destroying their fisheries. These are some dark days for the fishing community and the coastal fisheries in California and this is what we have to look forward to. A complete disaster once again caused by people with too much money and time on their hands who are clueless when it comes to fishery management.

http://www.topix.com/forum/outdoors/TALGTC3NHQVHTGKNJ

JerryG

[Wingnut]

...we are on the same team.

Yes we are Jerry... thanks for your thoughtful insight and great information. :Cool: