[Fundad]

Fishing Rights Looking for everyone that has been cited or kicked out of a marina in Los Al marina, Long Beach marina, King Harbor, or Santa monica harbor for fishing inside of them.

For years The harbor patrol has been abusing their power inside of these marinas when it comes to fishing. There is NO LAW against fishing these places from a boat, tube, or kayak. Our State Consitution gives us that right, as our forefathers had the insight to assure us these rights.

I hear many many stories and I have been harrased one to many times. most recently cited for fishing from shore, though I was in my boat, because I respectfully wouldn't comply with the patrols demands to not fish there.

So I am filling a law suit for illegal arrest and blantant abuse of power. If anyone else has been kicked out or cited in these LA county marinas and was fishing in a boat, kayak, or tube and want to join in a class action suit please email me and we will stop the abuse and a retain our rights and the rights of our children.



[email protected]



ARTICLE 1 DECLARATION OF RIGHTS


Section 25. The people shall have the right to fish upon and from
the public lands of the State and in the waters thereof, excepting
upon lands set aside for fish hatcheries, and no land owned by the
State shall ever be sold or transferred without reserving in the
people the absolute right to fish thereupon; and no law shall ever be
passed making it a crime for the people to enter upon the public
lands within this State for the purpose of fishing in any water
containing fish that have been planted therein by the State;
provided, that the legislature may by statute, provide for the season
when and the conditions under which the different species of fish
may be taken.

 

[elpescador]

I fish Los Alamitos Marina at least once a week, never has the harbor patrol even stopped me.

 

[Steak]

What reason do they give? Obstructing navigation?

You've probably seen this but just in case...
http://www.dbw.ca.gov/PDF/cbl2004.pdf

Good luck!
Mark

 

[Fundad]

Hi Erine,

Do you fish in the small marinas or just the bay? The bay itself is never a problem, its the smaller marina's I (and others) have the problem in.

Fundad

 

[Fundad]

Hi Mark.

Here is the LBMC...

16.08.460 Fishing restrictions.

No person shall fish from the sidewalk, parkway, seawall or bulkhead in or adjacent to the following described areas:
A. Both sides of Rivo Alto Canal between Naples Canal and the southerly prolongation of the centerline of the Colonnade;

B. Both sides of Naples Canal between the westerly line of tract no. 500, a point approximately eighty feet (80') westerly of the prolongation of the westerly line of Geneva Walk, and the southerly prolongation of the centerline of the Colonnade;

C. The northerly side of Alamitos Bay beginning at the westerly terminus of Corso Di Napoli, being the westerly line of tract no. 500, thence easterly and northerly to Naples Canal;

D. The northerly side of Alamitos Bay beginning at Rivo Alto Canal, thence southerly and easterly along Corso Di Napoli and Vista Del Golfo and continuing along the various courses of the bulkhead line to the southeasterly prolongation of the southwesterly line of the Appian Way service road;

E. Both sides of Marina Drive Bridge across the San Gabriel River, except from platforms provided for the purpose of fishing;

F. Downtown Shoreline marina, except from the fishing piers attached to the westerly mole;

G. Rainbow Harbor and Rainbow marina;

H. Commercial and public docks throughout Alamitos Bay;

I. Within the confines of the Golden Shore Marine Biological Reserve and the Jack Dunster Marine Biological Reserve. (Ord. C-7925 §§ 1, 2, 2004; Ord. C-7877 § 1, 2003: Ord. C 5956 § 3, 1983: Ord. C-5625 § 4 (part), 1980: prior code § 7222.11).


16.08.460 A

Note I was in my boat...
There is no law (nor can they make a law) that is illegal to fish in State waters...

Note the above law states

from the sidewalk, parkway, seawall or bulkhead


Fundad

PS I am not the only one I have seen complain, nor is this the first harrassment I have had, but when I have Politly challanged them in the past they never write me, cause there isn't any law broken.

This is a have and have not problem

The owners of the huge slots in the marina dont want anyone to fish there, so they complain, and the harbor patrol follows their lead illegally I might add. They have No legal right to make us leave any state waters on the grounds of fishing.

As far as obstuction, They threatened but declined to write me for that, because I was taking pictures and there wasnt anyother boat in sight.

Fundad

 

[Steak]

>The owners of the huge slots in the marina dont want anyone to
>fish there, so they complain, and the harbor patrol follows
>their lead illegally I might add. They have No legal right to
>make us leave any state waters on the grounds of fishing.
>
>As far as obstuction, They threatened but declined to write me
>for that, because I was taking pictures and there wasnt
>anyother boat in sight.


Sounds like harassment to me!

I fish Newport Harbor frequently, both from shore and the water, which is why I'm interested in this thread. Unfortunately that doesn't help YOU any, sorry

I've been "reminded" many times where I can't fish from shore but never from the water. As far as I know, as long as one doesn't impede/obstruct navigation then one can fish anywhere one wants to from the water.

Good luck!
Mark

 

[pukahd]

I understand that no individual can own a part of the Pacific Ocean. What I am getting at is that when you are in the water such as surf fishing you are on or in public waters. There is no such thing as a private beach just as long as you are in the water.

Example : The knuckleheads in Malibu such as Silverstrand beach try to keep everyone off their beach. As long as you stay in the water you are ok. In fact they have a line of signs along the beach set at the high tide line.

Brian

 

[Wideopen]

Our boat is slipped in Alamitos Harbor, and have caught many fish right off the stern in the slip. Taken the whaler out with the kids to do the same, with no hassle. That said, like any coastal city/harbor department they usually are Reactive vs. Proactive! Meaning, as others state, here, they react to complaints and do not seek to disturb, unless they are told or as said, a navigational hazard.