Posted by Jamie S on December 11, 2002 at 17:35:21:
In Reply to: Re: Recreational Fishing Alliance joins suit to stop Channel Island MLPAs posted by Ken Kurtis on December 11, 2002 at 10:58:20:
Ken,
I think the MLPA closures are a great thing, so I hate to argue the other side, but i believe youforgot to check the California State Constitution.
CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS
Section 25. 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.
But depending on how you read it, the MLPA closures may not violate this because the fish are naturally in the ocean, they have not been "planted therein by the State"
Just my 2 cents
Jamie.