newport wedge jetty

Was fishing Newport Wedge Jetty several days ago and was stopped by a police officer as I was standing their watching people surf.

I had my fishing rod in my hand and he comes up and ask me if he can see my fishing license. I said sure but I don’t see why he had to because you don’t need a fishing license to fish on this jetty.

He said yes you do. And since you have a fishing license you shouldn’t worry about it. I said yeah ok…???

I think the donut lover was making an excuse to stop by the jetty to see the surfers. Because he just stood there and enjoyed the scene.

Correct me if I’m wrong guys but to my understanding of the F&G regs, you do not need a fishing license to fish at the Newport Jetty Wedge right?

Ya you do....only on the pier do you not need one....Jettys and rocks you will need one. He was really not doing his job but he was with in he right to. But he should have better things to do then acting in place of a game warden.

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Originally Posted by Redkorn

Ya you do....only on the pier do you not need one....Jettys and rocks you will need one. He was really not doing his job but he was with in he right to. But he should have better things to do then acting in place of a game warden.

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How do you figure he was not doing his job? It is every peace officer's job in CA to enforce all the CA State Laws, including the Fish and Game Code. All should be happy that there are police officers out there that take the time to enforce the F&G Code with the lack of DFG Wardens. I wish more would do it! I follow the regs so I dont have anything to fear. Only those that break the law or dont follow the regs complain about wardens or officers enforcing the law or checking for licenses.

If he is what I will call the the little "round" NBPD officer, he has checked me at the 15th St. Public Dock on the harbor side. He is a nice guy, and he is also a fisherman, ehich gives him more incentive to enforce the regs!

Just my 2 cents.

Oh yeah, and checking for a license can also add up to bigger things, just like a traffic stop!

Imagine if every person ine law enforcement , did the same thing .our fisheres would be better off. With 50yrs of fishing under my belt, ive found that people who dont buy a license ,dont follow dfg reg. Which means they keep every fish they catch ,even if its not legal size. So dont get upset if even a lifeguard ask to see your license its all good ,for our favorite pastime..

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Originally Posted by PUDD MASTER BAITER

Imagine if every person ine law enforcement , did the same thing .our fisheres would be better off. With 50yrs of fishing under my belt, ive found that people who dont buy a license ,dont follow dfg reg. Which means they keep every fish they catch ,even if its not legal size. So dont get upset if even a lifeguard ask to see your license its all good ,for our favorite pastime..

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well put.fish legal!!!!!!!!

After reading the regs again, again and over again. I think fatty is wrong. I dont think you need a fishing license at Newport Wedge

Pier and Shore-Based Sport Fishing

Q. Where and when can I fish in the ocean without a fishing license?

A. Anyone 16 years and older must have a fishing license displayed so that it is plainly visible above the waist to take any kind of fish, mollusk, invertebrate or crustacean in California, except for persons angling from a public pier for non-commercial purposes in ocean or bay waters. A public pier is defined in the sport fishing regulations as a publicly owned man-made structure that has the following characteristics: is connected, above the mean high tide, to the main coastline or to the land mass of a named and charted natural island; has unrestricted free access for the general public; and has been built or currently functions for the primary purpose of allowing angling access to ocean waters.

Additionally, publicly owned jetties or breakwaters that are connected to land, as described above, that have free unrestricted access for the general public and whose purpose it is to form the most seaward protective boundary of an ocean harbor are public piers. Jetties, breakwaters, promenades, sea walls, moles, docks, linings, barriers and other structures that are not the most seaward protective boundary of an ocean harbor, are not public piers.

Even though a license is not required on a public pier, all other regulations (including minimum size, bag limits and seasons) apply while fishing from a public pier.


Newport Jetty Wedge is a publicly owned man-made structure that has the following characteristics: is connected, above the mean high tide, to the main coastline or to the land mass of a named and charted natural island; has unrestricted free access for the general public; and has been built or currently functions for the primary purpose of allowing angling access to ocean waters.... publicly owned jetties or breakwaters that are connected to land, as described above, that have free unrestricted access for the general public and whose purpose it is to form the most seaward protective boundary of an ocean harbor are public piers.

http://www.dfg.ca.gov/marine/faqindx.asp#Sport

Depends on where you were fishing on the jetty. You don't need one on a jetty per fish and game regulations, however, the definition of a jetty is rocks having water on both sides. The way the Wedge jetty is built there is rock rip-rap on the harbor side from the last house on Channel until the actual "jetty" starts where you have ocean on one side and harbor on the other side.

http://maps.google.com/maps?f=q&sour...12842&t=h&z=17
So you have about 275 yards of rocks (as measured using google maps ruler tool) on the harbor side that are not covered under the legal definition of jetty and you would need a license there.

BTW, speaking of that rip-rap they also have an ordinance that states you can't fish those rocks that are adjacent to Jetty View Park so that eliminates the first 80 yards or so of the rip-rap from the last house on Channel to the end of the park (which is the end of the grass there).

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Originally Posted by Fish Dog

Depends on where you were fishing on the jetty. You don't need one on a jetty per fish and game regulations, however, the definition of a jetty is rocks having water on both sides. The way the Wedge jetty is built there is rock rip-rap on the harbor side from the last house on Channel until the actual "jetty" starts where you have ocean on one side and harbor on the other side.

http://maps.google.com/maps?f=q&sour...12842&t=h&z=17
So you have about 275 yards of rocks (as measured using google maps ruler tool) on the harbor side that are not covered under the legal definition of jetty and you would need a license there.

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Good point, so are you saying that newport wedge jetty does not require a license if you fish where there is water on both side.

And you need a license where there is water on one side

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Originally Posted by Lightline

Good point, so are you saying that newport wedge jetty does not require a license if you fish where there is water on both side.

And you need a license where there is water on one side

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Yes - if not, then you could fish places like the rip-rap rocks along the 900 block of Bayside Dr. (here)...

http://maps.google.com/maps?f=q&sour...06421&t=h&z=18

...for example, without a license. Which, of course you can't.

You need a license at rip-rap rock

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Originally Posted by Redkorn

Ya you do....only on the pier do you not need one....Jettys and rocks you will need one. He was really not doing his job but he was with in he right to. But he should have better things to do then acting in place of a game warden.

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If your fishing in NPH expect to be checked by NP PD, NP Animal Control, Lifeguard, Harbor Patrol, and DFG. They ALL have the right/power to and should up hold the law.

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Originally Posted by Fish Dog

Depends on where you were fishing on the jetty. You don't need one on a jetty per fish and game regulations, however, the definition of a jetty is rocks having water on both sides. The way the Wedge jetty is built there is rock rip-rap on the harbor side from the last house on Channel until the actual "jetty" starts where you have ocean on one side and harbor on the other side.

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This goes for any other no license jetty (ex: 72nd jetty). If you fish on the rocks by the lifeguard station, you will need a license....

Were you on the Jetty oe the sand while you were watching the surfers?

Thank god they checked!!!! I have fished and surfed that area for years and watched countless short calicos, sand bass, and even garabaldi being taken from that area. I wish they would post a fricken officer there permenatly.
Not all of the above is as bad as the lobster poaching that goes on here!! I have dove at the wedge and seen the lobsters there. Pretty hard to get to for the most part. But the dam poachers (not hop netters or divers) get them big and small and take every dam one of them out in back packs and such.
Also it would break up the little squabbles between the boogie crew and skimmers. What is with skimmers anyway?
As for the jetty YOU DO need a liscence. The only thing I do believe you do not need a liscence for are the Piers and Public Docks located throught Newport Harbor. When I worked at Longfin Tackle I saw a guy get a ticket for no liscence, several short bass, short halibut and several garabaldi? The guy was a newbie but ignorance is no excuse for the law? And he was fishing Newport Jetty.
Moral of story: Just pay the $50 for the fishing liscence and go fish! Your butt is covered (unless you go over limits, fish off limits etc..) so no worries on tickets.

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Originally Posted by VineAssist

As for the jetty YOU DO need a liscence. The only thing I do believe you do not need a liscence for are the Piers and Public Docks located throught Newport Harbor.

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Ok, let's mislead everyone so they'll get tickets...I guess I'll have to quote the regs...again...

from page 3 of the reg book...

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license Provisions
Anyone 16 years and older must have a fishing license to take any kind of fish, mollusk, invertebrate, amphibian or crustacean in California, except for persons fishing from a public pier in ocean or bay waters. A license is required to take reptiles, except for rattlesnakes.
A sport fishing license is valid for a calendar year. Additional stamps and cards are required to fish in certain areas or to target certain species. Anglers who are not required to have a sport fishing license, such as anglers who are under 16 years of age, anglers who will be fishing from a public pier in ocean or bay waters and anglers who will be fishing on Free Fishing Days, are required to have report cards to fish for: abalone, spiny lobster and sturgeon.

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Now...the trick is you have to look at the definition, under the regulations, of what a "pier" is...page 25 & 26 of the reg book...

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Title 14 Section 1.88 California Code of Regulations
Public Pier. A public pier is a publicly owned man-made structure that has the following characteristics: is connected, above the mean high tide, to the main coastline or to the landmass of a named and charted natural island; has unrestricted free access for the general public; and has been built or currently functions for the primary purpose of allowing angling access to ocean waters.
Additionally, publicly owned jetties or breakwaters that are connected to land, as described above, that have free unrestricted access for the general public and whose purpose it is to form the most seaward protective boundary of an ocean harbor are public piers. Jetties, breakwaters, promenades, sea walls, moles, docks, linings, barriers and other structures that are not the most seaward protective boundary of an ocean harbor, are not public piers.

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So, by that definition harbor mouth jetties, such as the Wedge or CDM jetty (because their purpose is to form the...

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most seaward protective boundary of an ocean harbor)

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fall under the definition of a public pier and therefore no need for a license. As for the public dock throughout the harbor, you do need one on those because they are not connected, above the mean high tide, to the main coastline so they do not fall under the definition of a public pier and you do need a license. In fact, due to the possible confusion between the license provisions and the Title 14 Section 1.88 definition the City of Newport Beach posted signs on each of these bay front piers, in three languages, stating that a fishing license is required.

So, short answer, no license on Harbor Mouth jetties and ocean front piers. License required everywhere else.

Even shorter answer...just go buy the damn license and don't worry about it.

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Originally Posted by Fish Dog

Even shorter answer...just go buy the damn license and don't worry about it.

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I see your point, but the police should be more educated on this. I personally don't like wearing my license if I don't have to. Either you're wearing it around your neck and it's flapping around in the wind, or it's pinned onto your shirt and every time you put on or take off a jacket you have to re-pin the license. If I'm totally within my rights fishing somewhere without my license and I get ticketed and have to waste all my time clearing it up, or even just getting hassled, that's complete BS. Let alone the fact that the judge might be an a-hole and side with the cop in court.

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Originally Posted by gavin310

I see your point, but the police should be more educated on this. I personally don't like wearing my license if I don't have to. Either you're wearing it around your neck and it's flapping around in the wind, or it's pinned onto your shirt and every time you put on or take off a jacket you have to re-pin the license. If I'm totally within my rights fishing somewhere without my license and I get ticketed and have to waste all my time clearing it up, or even just getting hassled, that's complete BS. Let alone the fact that the judge might be an a-hole and side with the cop in court.

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Well, since it wasn't you that posted the original "beef" and Lightline still hasn't actually said where he was fishing how do you know the cops was wrong? I'm willing to admit he may have been wrong but Lightline will have to enlighten us first. Everybody on here bi*ches about the DFG not checking people and why doesn't the local PD check and now someone gets checked and automatically the cops wrong, an A** hole or whatever. I guess the law is okay for everyone else except you and your buddies, right?

If I'm totally within my rights fishing somewhere without my license and I get ticketed and have to waste all my time clearing it up, or even just getting hassled, that's complete BS. Let alone the fact that the judge might be an a-hole and side with the cop in court.[/QUOTE]


Uhhh, I dont understand. How are you with in your rights fishing with out a license? DO you mean fishing somewhere that does not require one?

I honestly dont see what the big deal is to people to have to show their license when asked by DFG or any other Peace Officer? If they did not go around asking to see, how are they supposed to know which people dont have a license? Which is why we wear them now. The idea is that if you dont display a license, then maybe it is because you dont have one. I dont wear my license, unless I am on someone elses boat and the captain tell me to do so. I have been asked by DFG to produce my license numerous times and never been cited for not wearing it. When NBPD checked me a few weeks ago at 15th st, he advised me that I am supposed to wear it and if someone else comes along and writes me a ticket, then I cant say he did not warn me. Fair enough!

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Originally Posted by HESBROS

I honestly dont see what the big deal is to people to have to show their license when asked by DFG or any other Peace Officer? If they did not go around asking to see, how are they supposed to know which people dont have a license? Which is why we wear them now. The idea is that if you dont display a license, then maybe it is because you dont have one. I dont wear my license, unless I am on someone elses boat and the captain tell me to do so. I have been asked by DFG to produce my license numerous times and never been cited for not wearing it. When NBPD checked me a few weeks ago at 15th st, he advised me that I am supposed to wear it and if someone else comes along and writes me a ticket, then I cant say he did not warn me. Fair enough!

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HESBROS is correct. I know there is a movement to repeal this but, at this point in time, it is still the law that you have to display the license. Check it out...

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Title 14 section 700(a) California Code of Regulations
Display of sport fishing license
Every person, while engaged in taking any fish, invertebrate [including mollusks and crustaceans], amphibian, or reptile shall display their valid sport fishing license by attaching it to their outer clothing at or above the waistline so that it is plainly visible, except when diving as provided in Section 7145 of the Fish and Game Code.
Persons diving from a boat or shore may have their license on the boat or within 500 yards on the shore, respectively (see Fish and Game Code Section 7145).
Regulations provide that a person may purchase a hunting or sport fishing license, tags, or stamps for another person, as long as the application contains the licensee’s true name and address. Regulations require that prior to using any license or license stamps, the licensee shall complete the application so that it contains the licensee’s true name, residence address, date of birth, height, color of eyes and hair, weight, and sex.

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Also, you might note that this very same section requires you to have the license filled out prior to "using" it

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the licensee shall complete the application so that it contains the licensee’s true name, residence address, date of birth, height, color of eyes and hair, weight, and sex

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so even though the ding-dongs at Walmart will sell you a license without having you fill it out it is illegal to use that license until you fill it out.

Now, to be truthful, I've been checked a couple times when I've got to the fishing spot and was so enthusiastic about getting a line in the water I've forgotten to pin my license on, but I do have it with me, and, so far, I've been lucky and the DFG Warden checking me just warns me about wearing it. Most of them only care that you have it although it is a violation and if they had wanted to write me up for it I would have been in the wrong with no defense. All I can say about that is when I quit getting excited about fishing I'll quit fishing. It does give DFG, or any other law enforcement, good cause to check you if they don't see a license hanging on your neck or shirt. Also, it does not preclude them checking anyway to make sure you don't have an orange piece of paper in your license holder, instead of a license, and even checking the fishing license against your driver's license to make sure you didn't "borrow" your buddy's license.

"I'm right, you're wrong..." "I can read the DFG book," "No, you can't!!" WTF?!?! Just spend the friggin' $50 and STFU!! Oh yeah, and fish in peace.

As for getting checked for a license, be grateful that DFG's got some backup to help them exhaust their workload since they're deeply understaffed to begin with.

Can't believe this thread is pathetically still alive.