[fosc] Cal Fish & Game replies re fishing in Sausal Creek

Ralph Kanz rkanz at earthlink.net
Thu May 4 15:54:38 PDT 2006


There is some question as to whether a city or county has the authority 
to impose fishing regulations.  Apparently there is court precedent 
saying it cannot be done.  In order to clarify the situation there is 
currently a bill (AB 2146) in the legislature that would allow cities 
and counties to enact fishing regulations only when "The ordinance is 
necessary and narrowly tailored to protect public health and safety." 
(From AB 2146).  The best way end fishing in Sausal Creek is through the 
Fish and Game Commission.  Attached is the letter FOSC sent in 2003 
concerning this issue.  A similar letter was sent to Assemblymember Chan.

Ralph Kanz

Edward Goehring wrote:
> Cal Fish & Game replies re fishing in Sausal Creek
>
> As I understand the reply from DFG below, the City of Oakland could decide
> that all its creeks are off-limits to sport fishing, especially since most
> of the creeks are non-navigable.
>
> Is this something that Councilmembers Quan and De La Fuente could pursue?
>
> Edward Goehring
>
> ebgb at sbcglobal.net
> 510 336-1256 phone
> 415 317-5278 cell
> 510 530-3308 fax
>
> 3914 Canon Avenue
> Oakland, CA 94602
>
>
> -----Original Message-----
> From: Liz Schwall [mailto:LSchwall at dfg.ca.gov]
> Sent: Thursday, May 04, 2006 12:53 PM
> To: ebgb at sbcglobal.net
> Subject: Re: is sport fishing allowed in a non-navigable urban stream?
>
>
> Hello:
>
> In general, with a fishing license, a person may fish waterways that they
> have legal access to. So, waters on public lands are generally OK.  Sausal
> Creek is listed on page 48 of the regulation booklet, it is open to trout
> fishing from the last Saturday in April but it is catch and release only.
> Within the city limits, the city has the authority to restrict where people
> may and may not fish. If the waterway is non-navigable and is located on
> private property, a person may not enter on that property to fish unless
> they have permission from the owner.
>
>
> Lieutenant Liz Schwall
> DFG/ Enforcement Branch
> Investigations Unit/CalTIP Program
> 916.651.9167
>
>   
>>>> "Edward Goehring" <ebgb at sbcglobal.net> 05/03/06 10:51AM >>>
>>>>         
> TO: Cal Department of Fish & Game
>
> Please see incident below.
>
> FYI: Sausal Creek is presently at a depth of a few inches in the stretch in
> question. The creek runs underground in culverts and under homes in above
> and below this stretch. Further, the City of Oakland advises me that the
> creek is on private property in this area.
> Does a state-issued fishing license allow fishermen to fish in
> non-navigable streams within city limits? How about on private property?
>
> Thank you for answering these questions.
>
> Edward Goehring
>
> ebgb at sbcglobal.net
> 510 336-1256 phone
> 415 317-5278 cell
> 510 530-3308 fax
>
> 3914 Canon Avenue
> Oakland, CA 94602
>
> ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
>
>
> -----Original Message-----
> From: Edward Goehring [ mailto:ebgb at sbcglobal.net]
> Sent: Wednesday, May 03, 2006 9:50 AM
> To: Michelle Fulper
> Cc: Dimond Improvement Association; susanlubeck at comcast.net ;
> sudale at pacbell.net ; rweiner at nelsonnygaard.com ; RCowan at oaklandnet.com ;
> kaes544 at earthlink.net ; JQuan at oaklandnet.com ;
> jonandchristine at comcast.net ; hank at acpwa.org ;
> glenfriends at yahoogroups.com ; dimond.metro at gmail.com ;
> coordinator at sausalcreek.org ; aschwarz at oaklandnet.com ;
> CJimenez at oaklandnet.com
> Subject: Sport fishermen? In Sausal Creek? -- We need some signs in
> Dimond Park to
>
>
> Sport fishermen? In Sausal Creek? -- We need some signs in Dimond Park to
> help protect the creek
>
> Yesterday I chased two 'sport' fishermen out of the creek below Dimond
> Park. When I spotted them, these two men wearing hats with a New York logo
> on them were wading down the creek, making too much noise for any real
> fishing, baiting the hooks on their lines.
> I informed them that many people had worked a long time to make the creek
> safe for fish once more and asked them not to fish the stream. They replied
> that their California State fishing licenses allowed them to fish in Sausal
> Creek and that they would continue. I then pointed out that Sausal Creek
> runs on private property below Dimond Park and that they were trespassing.
> In fact, trespassing on my property at the moment. They got belligerent. I
> said I'd call the police. They departed up the creek, vowing to return to
> fish.
>
> Even if these 'sportsmen' were correct about their legal right to fish
> the creek, perhaps the Parks department could post a sign or two at the park
> boundary, letting park visitors know that Sausal Creek between
> Wellington/Dimond Park and MacArthur is not a portion of the park and is
> private property? Maybe add a line to the sign about NO FISHING?
> Those of us fortunate enough to have Sausal Creek in our back yards are
> also its protectors. The Parks Dept. could help us do our job by posting
> signs that would discourage trespassers from littering, damaging creekside
> plantings and killing the wildlife in the creek.
>
>
> Edward Goehring
>
> ebgb at sbcglobal.net
> 510 336-1256 phone
> 510 530-3308 fax
>
> 3914 Canon Avenue
> Oakland, CA 94602
>
> _______________________________________________
> fosc mailing list
> fosc at lists.sausalcreek.org
> http://lists.sausalcreek.org/listinfo.cgi/fosc-sausalcreek.org
>
>   
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.sausalcreek.org/pipermail/fosc-sausalcreek.org/attachments/20060504/6a643357/attachment.htm>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: QuanFish2.doc
Type: application/msword
Size: 956928 bytes
Desc: not available
URL: <http://lists.sausalcreek.org/pipermail/fosc-sausalcreek.org/attachments/20060504/6a643357/attachment.doc>


More information about the Fosc mailing list