Newport Harbor/Is it Illegal ?

[fishshep]

I know about the general state law about how we are within are rights to fish within the tide line on beach shores ,

but a lady in Newport Harbor was hassling me today, saying 'It is not legal for you to be fishing here " " This is

private property" There is 'Private Property" signs but no "No Fishing Signs" with any code numbers anywhere, so I told

her about the tide line law, AND that it is a Mistimeanor to "Impead " the legal right of a fisherman to fish, or somehow

to interfer or deniy access. Sorry about the spelling !! At low tide you can fish on the sandy exposed areas but they

say (people that live in the houses ) it is their property !!! HOW can it be their property when I am standing in the

water or right by it on wet sand!!!

[Ifishtoolittle]

I've only fished the harbor once when I was a young lad, but I've read enough reports to give you my 2 cents. I believe that there are no specific regs on the Lower bay so shore/boat are okay. For the upper bay it is legal to fish so long as you are shore bound and that does not include fishing on docks. I have no clue on fish take though.

[Frequent Flyer]

as long as youre not on the private docks i thought it was ok. i go down there all the time and havent been hassled yet

[LGHT]

I float it all the time, just ignore them. Since I launch on a tube and float right on up they typically don't get too crazy, but when your walking in they will probably hassle you more. You have it right you can fish anywhere that the tide hits the sand as they can't own the ocean or any part of the sand it's on.

[fishshep]

I float it all the time, just ignore them. Since I launch on a tube and float right on up they typically don't get too crazy, but when your walking in they will probably hassle you more. You have it right you can fish anywhere that the tide hits the sand as they can't own the ocean or any part of the sand it's on.

THAT, is what I thought , reading the letter of the Law about it one time ,because of the many encounters in the Malibu area, AND I

actually found out many of the signs in the BU coast are falsely posted. AND by LAW IT IS A MISDEMEANOR for anyone to in any way

"IMPEDE" us in any manner. !!! Still I need to find the written law, copy it, put it in a fish licence holder, in case that happens again.

MAAAN !!!! she was getting pissed and yelping at me, while I was just Casting away !!!! while she was complaining

[DockRat]

Found some info FishShep.

3. California Statutory Law Generally

California’s statutory law demonstrates strong public policy in favor of public and equal access
to the coast. The California Coastal Act of 1976 is the main body of law governing California’s
coastal zone, which extends seaward three miles and extends inland anywhere from 1,000 yards
to several miles.127 The California Coastal Commission, created by voter initiative in 1972 and
permanently authorized by the Coastal Act in 1976, is responsible for protecting the state’s
natural and scenic resources along the coast through enforcement of the Coastal Act.128

The Coastal Act and Coastal Commission are discussed more fully below. This section
summarizes statutory law related to California beaches that is not contained in the Coastal Act.

A basic principle governing California’s shoreline is that land below mean high tide is public.
California owns all land below tide water and below the ordinary high-water mark within the
state.129 As a rule of thumb, wet sand is public. Dry sand can be private, but subject to
easements or agreements that entitle the public to use the beach, as discussed below.

California defines “public beach” as any beach area used for recreational purposes that is owned,
operated, or controlled by the State, a state agency, or a local agency.130

California protects public access to beaches and coastal lands.131 No local agency can sell, lease,
or transfer real property located between the high water line of the Pacific Ocean and the nearest
public street or highway without reserving in the public the right of access over such property.132
Moreover, water fronts are to remain open to free and unobstructed access by people from public
streets and highways and these public streets, highways, and other public rights of way must, in
turn, remain open to the free and unobstructed use of the public from such waters and water
fronts.133



4. The California Coastal Act

The legislature passed the California Coastal Act of 1976 in response to deterioration in the
quality and availability of recreational land along the California coast. The goals of the Coastal
Act are to preserve and expand public access to and along the coast, maximize recreation
opportunities consistent with conservation and property rights, protect and restore scenic and
visual qualities, and promote public participation in decisions affecting coastal planning,
conservation, and development.134

5. The California Coastal Commission

The California Coastal Commission is charged with implementing the California Coastal Act.135
The Coastal Act authorizes the Commission to issue permits for development in the coastal zone
and to place conditions on the permits to mitigate the adverse effects of the development.136

A common form of mitigation takes place in the form of “offers to dedicate” public access to the
beach from the highway, or along the beach. A property owner who wishes to develop coastal
property can offer to dedicate a portion of the property to public use in exchange for and as a
condition of receiving a coastal development permit.137 For example, a beachfront property
owner may offer to dedicate access to a path from the highway to the beach (a “vertical OTD”)
in exchange for a permit to build onto his or her house. A property owner may also offer to
dedicate access to land that runs parallel to the ocean above the mean high tide line (a “lateral
OTD”).138 While OTDs are recorded legal documents that run with the land – typically for 21
years from the date of recording – OTDs are only offers of easements.139 Until the offer is
accepted by a government agency or a nonprofit organization, the interest belongs to the property
owner.140

[fishshep]

Found some info FishShep.

3. California Statutory Law Generally

California’s statutory law demonstrates strong public policy in favor of public and equal access
to the coast. The California Coastal Act of 1976 is the main body of law governing California’s
coastal zone, which extends seaward three miles and extends inland anywhere from 1,000 yards
to several miles.127 The California Coastal Commission, created by voter initiative in 1972 and
permanently authorized by the Coastal Act in 1976, is responsible for protecting the state’s
natural and scenic resources along the coast through enforcement of the Coastal Act.128

The Coastal Act and Coastal Commission are discussed more fully below. This section
summarizes statutory law related to California beaches that is not contained in the Coastal Act.

A basic principle governing California’s shoreline is that land below mean high tide is public.
California owns all land below tide water and below the ordinary high-water mark within the
state.129 As a rule of thumb, wet sand is public. Dry sand can be private, but subject to
easements or agreements that entitle the public to use the beach, as discussed below.

California defines “public beach” as any beach area used for recreational purposes that is owned,
operated, or controlled by the State, a state agency, or a local agency.130

California protects public access to beaches and coastal lands.131 No local agency can sell, lease,
or transfer real property located between the high water line of the Pacific Ocean and the nearest
public street or highway without reserving in the public the right of access over such property.132
Moreover, water fronts are to remain open to free and unobstructed access by people from public
streets and highways and these public streets, highways, and other public rights of way must, in
turn, remain open to the free and unobstructed use of the public from such waters and water
fronts.133



4. The California Coastal Act

The legislature passed the California Coastal Act of 1976 in response to deterioration in the
quality and availability of recreational land along the California coast. The goals of the Coastal
Act are to preserve and expand public access to and along the coast, maximize recreation
opportunities consistent with conservation and property rights, protect and restore scenic and
visual qualities, and promote public participation in decisions affecting coastal planning,
conservation, and development.134

5. The California Coastal Commission

The California Coastal Commission is charged with implementing the California Coastal Act.135
The Coastal Act authorizes the Commission to issue permits for development in the coastal zone
and to place conditions on the permits to mitigate the adverse effects of the development.136

A common form of mitigation takes place in the form of “offers to dedicate” public access to the
beach from the highway, or along the beach. A property owner who wishes to develop coastal
property can offer to dedicate a portion of the property to public use in exchange for and as a
condition of receiving a coastal development permit.137 For example, a beachfront property
owner may offer to dedicate access to a path from the highway to the beach (a “vertical OTD”)
in exchange for a permit to build onto his or her house. A property owner may also offer to
dedicate access to land that runs parallel to the ocean above the mean high tide line (a “lateral
OTD”).138 While OTDs are recorded legal documents that run with the land – typically for 21
years from the date of recording – OTDs are only offers of easements.139 Until the offer is
accepted by a government agency or a nonprofit organization, the interest belongs to the property
owner.140

THANKS DR. tHINK i WILL COPY THAT, AND STILL LOOK UP THE ACTUAL WORDING OF THE LEGAL CODE

AND # UNDER STATE LAW !! AND WILL POST IT!!! TO bUSY NOW, PLUS GOING ON THE. FREEDOM FOR SOME

YELLOWS TOMORROW SO GOT TO GET READY AFTER WORK !!!

[one long cast]

Dock rat is correct, as long as you do not trespass on private property to get to the state land or have written permission to trespass the land from the owner.