Long Range Fish Report
From Sportfishing
From Sportfishing
Fish Report for 11-8-2013
Hunting on a River bank & how access was obtained
11-8-2013
California Department of Fish & Wildlife
Question: Can someone hunt on a river bank that is considered public land if the person entered through a legal public access or has been given permission by another property owner upriver? Can the property owner downriver run me out?
Answer: If the riverbank is clearly public land and you accessed it legally, the landowner should not run you out. It is not legal for someone to interfere with a legal hunting activity (Fish and Game Code, Section 2009.) The neighboring landowner should not run you out either unless you are on his/her land. Keep in mind that riverbanks and the beds of rivers beneath streams and lakes are often deeded to be "land" in California, and thus you may actually be trespassing. In addition, depending on the location, there may be local ordinances that would prohibit you from hunting in these areas. There is also the concern of game retrieval. While you may be able to access the river section, should the game you take land on private property that you do not have permission to be on, you could find yourself in a situation where you engage in either hunter trespass, or if you fail to retrieve the animal, waste of game. Both of these situations constitute citable offenses.
Answer: If the riverbank is clearly public land and you accessed it legally, the landowner should not run you out. It is not legal for someone to interfere with a legal hunting activity (Fish and Game Code, Section 2009.) The neighboring landowner should not run you out either unless you are on his/her land. Keep in mind that riverbanks and the beds of rivers beneath streams and lakes are often deeded to be "land" in California, and thus you may actually be trespassing. In addition, depending on the location, there may be local ordinances that would prohibit you from hunting in these areas. There is also the concern of game retrieval. While you may be able to access the river section, should the game you take land on private property that you do not have permission to be on, you could find yourself in a situation where you engage in either hunter trespass, or if you fail to retrieve the animal, waste of game. Both of these situations constitute citable offenses.
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