Go to Hell

[fishshep]

Was passing by a rich ladies beach house three feet into the water ,in my waders, and this lady comes out and yells at me 'HEY !!! this is private property and everything in front of this beachhouse and the beachfront I
own, !!!! and you can,t fish here !!! " NOOO, I said, check the DFG Regs. on
your comp. I am below tide line . !!!! While I was casting !!! http://www.scsurffishing.com/forums/images/smiles/icon_lol.gif She said,
"Wait here I am calling ." Like that was going to scare me !!!! http://www.scsurffishing.com/forums/images/smiles/icon_rolleyes.gif SO !!!
I put my hand in the water,and lifted it high as it was dripping, and yelled at her, "DO YOU OWN THIS" http://www.scsurffishing.com/forums/images/smiles/icon_rolleyes.gif http://www.scsurffishing.com/forums/images/smiles/icon_question.gif She yells back at me, "GO TO HELL" http://www.scsurffishing.com/forums/images/smiles/icon_lol.gif http://www.scsurffishing.com/forums/images/smiles/icon_lol.gif http://www.scsurffishing.com/forums/images/smiles/icon_lol.gif POOR DEVIL GOT MAD AT ME FOR THAT ONE http://www.scsurffishing.com/forums/images/smiles/icon_lol.gif http://www.scsurffishing.com/forums/images/smiles/icon_lol.gif http://www.scsurffishing.com/forums/images/smiles/icon_lol.gif

Turned out to be a decent catching day after all though http://www.scsurffishing.com/forums/images/smiles/icon_biggrin.gif


http://i835.photobucket.com/albums/zz280/fishshep/fishing347_zps918998e8.jpg~original (http://s835.photobucket.com/user/fishshep/media/fishing347_zps918998e8.jpg.html)

http://i835.photobucket.com/albums/zz280/fishshep/fishing349_zps65b7c1eb.jpg~original (http://s835.photobucket.com/user/fishshep/media/fishing349_zps65b7c1eb.jpg.html)

http://i835.photobucket.com/albums/zz280/fishshep/fishing348_zps4edfd058.jpg~original (http://s835.photobucket.com/user/fishshep/media/fishing348_zps4edfd058.jpg.html)

http://i835.photobucket.com/albums/zz280/fishshep/fishing351_zps170096ab.jpg~original (http://s835.photobucket.com/user/fishshep/media/fishing351_zps170096ab.jpg.html)

http://i835.photobucket.com/albums/zz280/fishshep/th_fishing352_zps538835e6.jpg (http://s835.photobucket.com/user/fishshep/media/fishing352_zps538835e6.jpg.html)

http://i835.photobucket.com/albums/zz280/fishshep/fishing353_zps872a2ed5.jpg~original (http://s835.photobucket.com/user/fishshep/media/fishing353_zps872a2ed5.jpg.html)

[benichi]

that is awesome man great catches....

I did not know about the tide line that is awesome thanks

[tamddo714]

haha thanks for the laugh and report

[bachiboy]

It's amazing how people think they own their property AND everything beyond it!:Rolls Eyes: Nice collection of spots and flapjacks and great report!:Wink:

Don

[bassmeister]

Good looking Spotties!!!

[Stumpknocker]

Nice catch! A guy in front of his house on Newport Bay once yelled at me and my buddies fishing in a boat in front of the house that we were fishing on "private water"...I wonder how far out he and your new friend think their property rights extend...maybe 200 miles? :Rolls Eyes:

[DockRat]

Lol, my beach. Make a video.

Fish and Game Code Section 2009.

(a) A person shall not willfully interfere with the participation of any individual in the lawful activity of shooting, hunting, fishing, falconry or trapping at the location where that activity is taking place.

(b) A violation of this section is an infraction punishable by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500).

(c) If any person is convicted of a violation of this section and the offense occurred within two years of another separate violation of this section which resulted in a conviction, the violation is a misdemeanor punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), by imprisonment in the county jail for not more than one year, or by both that fine and imprisonment.

(d) This section does not apply to the actions of any peace officer or personnel of the department in the performance of their official duties. This section does not obstruct the rights and normal activities of landowners or tenants, including, but not limited to, farming, ranching and limiting unlawful trespass.

(e) In order to be liable for a violation of this section, the person is required to have had the specific intent to interfere with the participation of an individual who was engaged in shooting, hunting, fishing, falconry or trapping.

(f) For purposes of this section, "interfere with" means any action which physically impedes, hinders or obstructs the lawful pursuit of any of the above-mentioned activities, including, but not limited to, actions taken for the purpose of frightening away animals from the location where the lawful activity is taking place.

' If you don't live here, don't surf here ' :LOL:
DR

[yakfish51]

I enjoyed that. Looks like a great day of fishing.

Tim

[Which Way Out]

Yep its bound to happen more and more I bet.
Thanks for posting the info DR, Everyone should already know this but its a good reminder. So don't even argue with these folks. If they decide to call law enforcement hopefully the dispatcher will know this as well and not waste the time of sending an officer out.

Otherwise nice catching..

WWO

l>
l
l___ ____
l/l, ;[__:Thumbs Up:];
l----L _=OlllllllO_
()_) ( ()_)-*---)_)

[tamddo714]

so if someone has a their own private beach, as long as im under the tide line im okay? thanks for the info.

[twin22s]

'The state owns the tidal zone and all submerged land seaward of the "mean high tide line." Although it is often difficult to distinguish between public and private land when you are walking on the beach, a general rule of thumb is that the public always has the right to walk on the wet sand.' This was taken from a Coastal Clash article in reference to similar situations. I'm not sure how it applies inside bays and harbors but its not private property, its possible there a specific laws put in place by the entities governing the harbor. I'm sure there a more legal references to these laws that many of the regular FNNers already know of.

PS. extreme low tide is a great time to fish harbors and bay allowing walking access to places otherwise unreachable.

[one long cast]

Maybe her husband was on the condom!!!!!!!!!!!!!!!!!

[fishshep]

http://law.onecle.com/california/fish/2009.html

This is the Legal Code.

[SP Dan]

Hi ya Danial,

Thanx for sharing the valuable information with all of us! :Thumbs Up:

Another nice session Sir!

SP Dan <"))><

[Stormcrow]

You know what I would do???? I would take 8 friends in waders and fish below the tide line in front of her house for an entire week...And when she asked why, I would blame it on her mouth.

Good for you!

[DEVOREFLYER]

You know what I would do???? I would take 8 friends in waders and fish below the tide line in front of her house for an entire week...And when she asked why, I would blame it on her mouth.

Good for you!

Why limit it to 8 friends, make it a "Special" FNN Event. :Envious:

[benichi]

the rules tide lines start in the third or fourth paragraph

buddy had a run in with law enforcement so now he carries a print out for proof.. I did not even know this till this thread came out...

this is what he prints out just the tide lines portion

submerged Lands
Act of May 22, 1953

https://www.alta.org/lti/docs/CH09.pdf

[wildlife]

So when are we going .:Envious:

[SP Dan]

Hey people ....
Let's all remember about our good karma ... okay!? And not get all crazy!!!
Let's not ruin why we fish and what FNN is all about, and not turn this isolated event into something mean.
I'd rather select another AO and enjoy my time in the salt.
I believe that it would be better to be polite to the home owners, become their friend and to share the knowledge with them.

Just my opinion

SP Dan <"))><

[connordoyle]

Hey people ....
Let's all remember about our good karma ... okay!? And not get all crazy!!!
Let's not ruin why we fish and what FNN is all about, and not turn this isolated event into something mean.
I'd rather select another AO and enjoy my time in the salt.
I believe that it would be better to be polite to the home owners, become their friend and to share the knowledge with them.

Just my opinion

SP Dan <"))><


x2 :Big Grin:

[SP Dan]

Brotha's and Sista's,

The "Mean High Tide Line" is determined by taking the average of all of the High Tides over 18.6 years.
All of the land above the "MHTL" is refereed to as "Upland" and can be privately owned and all of the land below the "MHTL" is subject to ownership by the sovereign, which in our case is the State of Calif., for public use.

Again my :My Two Cents:

SP Dan <"))><

PS .... Thank you Danial for allowing me to piggy-back my stuff on your outstanding report.

[DockRat]

Good info Dan. So what is the MHTL for NPH ? I would think about a 3' tide ?

Found some good stuff here;

http://www.coastal.ca.gov/access/MalibuGuide2010.pdf

[Jmericle]

Daniel, I just read this report. Congrats. Looks like Newport is paying off. You need to get a float tube so you don't have to deal with people like this. We should hit the spot real soon as it has been awhile.

[skunked4life]

Daniel, good job out there with the spotties! Haven't caught one of those in a long while! Just let the crazies be and move on. Especially since I think that many are misunderstanding the "intentional interfering" statutes. The people yelling must not only have intent to interfere but also the actual reas (pretty sure yelling is not enough nor are threats unless imminent and they are threats of violent apprehension).

Keep the reports coming. I really appreciate all of your reports.

Skunked4life

[smokehound]

Always that one dipstick that thinks he/she is the owner of his/her locality..

The rest of the harbor residents are awesome, especially around balboa. (except for the marketplace, those guys treat me like garbage LOL)