"Stop Fishing Or I'll Call the Sheriff"-Private Property Mt Trout Stream?

[Skyler]

Unless I misunderstood you I gathered you went to some academy, possibly a junior college like SBVC, and received some training.

I went to the Glen Helen SBSD academy, finished top of my class. I am currently employed as a patrol sergeant in the private sector. Trespassing and burglary make up the bulk of my arrests (outside of the usual 647 stuff). Knowing this county, I'm sure either of us could be right in any given case. Our courts aren't exactly renowned for their consistency, lol.

[carpanglerdude]

Until a significant court case sets precedence on this issue, I guess all will be fairly unclear and subject to various interpretations. It's too bad there isn't a strong pro-fishing legal eagle group, like many of the environmental and social justice groups have, to fight for change in the courts that benefit anglers.

[Tom]

You are are safe to fish all the way to the high water mark. The police will not show up if you are witin the high water mark.

had the same problem on a stream in San bernardino

and the walker river....they wont call the cops and if they do your still ok

this happened to me even on Forsee creek brown trout fishing a few years ago off hwy 38
The ranger did show and explain to the land owner i was legal

...High water mark is the LAW in California and Montana as i am sure many other states
Many have taken this to court and Anglers win every time...i believe we even have a fedral law allowing us to use a river or water way to the high water mark
Tom

Team Catch and Fillet

[carpanglerdude]

Thank you, Tom, for the info!

This link may prove useful for those interested in this discussion: http://www.norcalwaterfowl.com/forum...eWaterLaws.pdf

A few good quotes from i:

"The presence of rapids, waterfalls and sandbars which may require portaging around does not preclude navigability because the fact that navigation may be difficult and at places interrupted does not render a stream un-navigable. The character of a river as a public highway is not determined by the frequency of its use, but by its capacity for being used. Nor is it essential that the stream should be capable of being navigated at all seasons of the year. (Economy Light & Power Co. v. U.S. (1921) 256 U.S. 113, 122 [65 L.Ed. 847, 850].)"

"“Members of the public have the right to navigate and to exercise the incidents of navigation in a lawful manner at any point below high water mark on waters of this state which are capable of being navigated by oar or motor propelled small craft.”"

"Regardless of the ownership of the bed of a navigable waterway, be it State property or privately owned, the public has the right to use the bed of the waterway up to the mean high water mark for purposes such as navigation, fishing, and recreation."

"In the course of river navigation, if there appears to be no other safe options, it may sometimes be legal to go above the mean high water mark onto private property in order to: portage around extreme dangers, scout drops, or take out of the waterway above a dangerous condition. “Necessity often justifies an action which would otherwise constitute a trespass, as where the act is prompted by the motive of preserving life or property and reasonably appears to the actor to be necessary for that purpose.” (People v. Roberts (1956) 47 Cal.2d. 374, 377 [303 P.2d. 721].)"

"Legal Remedies to Unlawful Obstruction of Navigation
Obstruction or interference with the public’s right of navigation in the navigable waters of California is a public nuisance (Oppen v. Aetna Insurance Co., (9PthP Cir. 1973), 485 F.2d. 252, 259; People ex rel. Baker v. Mack (3d Dist.1971) 19 Cal.App.3d 1040, 1050 [97 Cal.Rptr. 448, 454].) and is a civil offense:
Civil Code Section 3479. Anything which is injurious to health, including, but not limited to, the illegal sale of controlled substances, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway, is a nuisance.
Obstruction of the free passage or use of a navigable waterway is also deemed a criminal offense. Victims of obstruction can contact the local sheriff or police department, make a report, and request that criminal charges be filed for violation of the two following State laws:
Penal Code Section 370. Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway, is a public nuisance.
Harbors and Navigation Code Section 131. Every person who unlawfully obstructs the navigation of any navigable waters, is guilty of a misdemeanor."

[Fish Cop]

I went to the Glen Helen SBSD academy, finished top of my class. I am currently employed as a patrol sergeant in the private sector.

Extended Academy, huh?

[Skyler]

Extended Academy, huh?

Yeah, though they call it the modular academy now.