Fishing Without a License Ticket
My neighbor told me that fishing off our private dock was legal without needing to buy a fishing license. The Fish and Game came by and told me otherwise and gave me a ticket. The fine is $835.00 !! This happened on the Napa River in Napa, CA. I went to the courthouse to try to get a trial date. I had to pay the fine, and they could not give me a trial date any earlier than Oct 15th. How can I get this fine reduced? For a first time offender I think this is way too much to pay. By the way, I had been purchasing Fishing Licenses' up until 2004. After I got the ticket, I immediately purchased a 2007 license. And, I do not live in Napa, my boyfriend does, and I go up there only on weekends (if that makes any difference). I also think it is strange how the court can keep my money for 3 months collecting interest that I will loose on that money?
Re: Fishing Without a License
Quote:
7145. (a) Except as otherwise provided in this article, every person 16 years of age or older who takes any fish, reptile, or amphibia for any purpose other than profit shall first obtain a license for that purpose and shall have that license on his or her person or in his or her immediate possession or where otherwise specifically required by law or regulation to be kept when engaged in carrying out any activity authorized by the license. In the case of a person diving from a boat, the license may be kept in the boat, or in the case of a person diving from the shore, the license may be kept within 500 yards on the shore.
(b) This section does not apply to an owner of real property, or the owner's invitee, who takes fish for purposes other than profit from a lake or pond that is wholly enclosed by that owner's real property and that is located offstream and not hydrologically connected to any permanent or intermittent waterway of the state. This subdivision does not, and shall not be construed to, authorize the introduction, migration, stocking, or transfer of aquatic species, prohibited species, or any other nonnative or exotic species into state waters or waterways.
This subdivision does not supersede or otherwise affect any provision of law that governs aquaculture, including, but not limited to, the operation of trout farms, the operation of other enterprises for profit, or any activity that is an adjunct to or a feature of, or that is operated in conjunction with, any other enterprise operated for profit, including private parks or recreation areas.
from your post, I would believe that the waterway does not fall under the above bolded exemption to the requirement for a license to sportfish.
I can think of no way to escape the penalty although if you have a copy of you rprevious licenses and your new current one, you may try pleading to the court a misunderstanding of the laws and until that indescretion and since that time, yo have purchased a license as required.
Maybe some of the other folks here will have a better idea.
Re: Fishing Without a License
Thanks for your input.
FG