Is fishing permitted on any private property with a creek, stream or river?
I’ve been told that if the person fishing remains in the water (doesn’t go on the bank), fishing is permitted even if the creek is in the middle of miles of private property. If this is correct, how would this law affect California private fishing resorts that state “guests only with no exceptions”? In most cases, anglers would not be permitted to fish streams that flow through privately owned land, said state Department of Fish and Game Capt. Mark Lucero. However, an individual can legally access those waters if they are listed as “navigable” (defined and specified in the Harbors and Navigation Code [Sections 100-107]) and as long as the individual enters the water by a legal access, then continues to navigate without coming ashore or dragging their vessel across land. In other words, an individual can navigate a waterway via a flotation device, but once they step off the flotation device within private property, they may be subject to trespassing covered under Penal Code 602. On wate
