Results 1 to 6 of 6
  1. #1

    Default Why is it Legal to Charge Fishing License Fees in California

    My question involves civil rights in the State of California. Under article 1 section 25 of the state constitution it states that the people have the right to fish on public land unless used as a fish hatchery. Murdock v Pennsylvania says that a state can't charge a flat license fee for right under the constitution And shuttlsworth v the city of Birmingham says that if they do you have a right to ignore. Do you thing that this would stand in court?

  2. #2
    Join Date
    Dec 2014
    Location
    not in a prison
    Posts
    732

    Default Re: License to Fish in California

    that's pretty interesting,, but I would not try fishing without the proper license,, as far as I know you need a license to go fishing in any state except private ponds and some types of fish you need to buy tags for, like rock fish (striped bass) there are huge fines for catching those if you don't have the tags that you need to install through the gills right after catching them, CA is pretty tough on fish and game I suspect, did you get caught without a license and your going to use that for your defense?

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: License to Fish in California

    Have you actually read the decisions?

    And if you read the rest of Article I, Sec. 25, you will find that the state gets to establish the season and the conditions under which you may fish.

    So, no, your "case" would not stand up in court.

    Keep in mind that this is a matter that has been litigated and lost a number of times, and in my neck of the woods another such case is currently winding its way through the courts destined for a similar defeat as before. It's not new.

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: License to Fish in California

    When I was a kid, we used to fish and ice skate on the creek behind my house. It was fed from 2 lakes, one private the other open to the public for permit fishing. The fish would come over the dam along with water in heavy rains. We even built a small rock buffer past a deep pool for the fish to stay. Since the city bought it all, I would never suggest my kids fish there. The point being now it would be charged as a misdemeanor, rather than blown off.

  5. #5
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Why is it Legal to Charge Fishing License Fees in California

    Quote Quoting constitutionalist831
    View Post
    My question involves civil rights in the State of California. Under article 1 section 25 of the state constitution it states that the people have the right to fish on public land unless used as a fish hatchery. Murdock v Pennsylvania says that a state can't charge a flat license fee for right under the constitution And shuttlsworth v the city of Birmingham says that if they do you have a right to ignore. Do you thing that this would stand in court?
    Both the Murdock and Shuttlesworth cases were U.S. Supreme Court cases that interpreted the FEDERAL constitution. They are not binding at all on the California courts in interpreting the STATE constitution. So, arguing those cases govern the outcome of the fishing license issue in the state constitution is a loser. You’d need to find state appellate court cases that interpret the state constitution to make your argument.

  6. #6
    Join Date
    Jan 2015
    Location
    Bedford, Texas
    Posts
    109

    Default Re: Why is it Legal to Charge Fishing License Fees in California

    In addition to the answer provided by Taxing Matters, the two cases cited both deal with First Amendment issues that have nothing to do with the rights to access public lands (federal vs. state constitutional issues aside) or a state's general police powers to charge licensing fees. Two entirely different subjects.

    1. Sponsored Links
       

Similar Threads

  1. Hunting and Fishing Offenses: After Hours Fishing at an Assumed "Park" and Fishing Without a License
    By hyang in forum Criminal Charges
    Replies: 5
    Last Post: 08-18-2013, 04:59 PM
  2. Hunting and Fishing Offenses: Fishing Without a License, Va 29.1-335
    By Thisistheone in forum Criminal Charges
    Replies: 2
    Last Post: 04-14-2013, 05:47 PM
  3. Application & Eligibility: Do You Need a License to Charge Referral Fees for Placing Tenants
    By JDWater in forum Professional Licenses
    Replies: 3
    Last Post: 07-19-2011, 07:54 PM
  4. Moving Out: Is it Legal to Charge Late Fees After Move Out, No Mention Before
    By Matt9945 in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 09-03-2009, 07:32 PM
  5. Hunting and Fishing Offenses: Fishing Without a License Ticket
    By Fishing Girl in forum Criminal Charges
    Replies: 2
    Last Post: 07-16-2007, 08:54 PM
 
 
Sponsored Links

Legal Help, Information and Resources