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Article I Section 25 California Constitution – Declaration of Rights

Article I Section 25 California Constitution

Below is the content of Article I Section 25 of the California Constitution

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.


See also: Article I Section 24 California Constitution

See also  Article I Section 29 California Constitution - Declaration of Rights

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2 responses

  1. What about bodies of water, on public state-owned lands, that are set aside as a reservoir for drinking water? Can those be fished?

  2. The right to fish as stated in Article 1 Section 25 of California Constitution. Does this right prohibit the Department of Fish and Wildlife from requiring me to obtain a fishing licence or a report card or some other form of fee. Example I am crabbing in Tomales Bay of which is public waters and taking crab that is in season and the crab I have are within the legal size and within legal amount, can a game warden issue me a citation for not having a CA fishing licence and/or a crabbing report number?
    Example 2. Lake Camanche is a reservoir on the Mokelumne River in California. this reservoir is owned by a municipal utility district, East Bay Municipal Utility District (EBMUD). The river EBMUD built the dam on was public land and some land was acquired by intimate domain. Because part of the land of which the reservoir encompass had been owned by the State of California before deeded to EBMUD Also fish planted within the lake had been planted once upon a time by California Fish and Game, now called California Fish and Wildlife. May I fish this lake without paying a fee to enter through the entrance gates?

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